Ohio official: Help needed on whether AG should be impeached

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COLUMBUS — The leader of Ohio’s House of Representatives said Wednesday that lawmakers determining whether Attorney General Marc Dann should be impeached over a sex scandal need help from an unlikely source: the attorney general himself.

Republican House Speaker Jon Husted said the chamber isn’t well-equipped to investigate whether Dann has committed any impeachable offenses and could be helped by an independent investigator. Dann, Husted said, would be most able to quickly and efficiently make such an appointment.

There are several ongoing investigations stemming from the scandal. The information needs to be condensed, and possibly combined with information yet to be gathered, so the House can determine whether impeachment is warranted, Husted said.

“Without having a mechanism to gather that information and to put that information together we are at a distinct disadvantage in being able to make a responsible decision,” he said.

Dann, the state’s top attorney, admitted to an extramarital affair with an employee that he said contributed to an atmosphere that led to sexual harassment claims against an aide in his office.

Officials in both parties are calling for the Democrat to resign. Dann has remained steadfast in his refusal to do so.

The House speaker’s request for an independent investigator is another sign that lawmakers are struggling with whether his offenses warrant impeachment, a move that hasn’t happened in Ohio since the early 1800s. Gov. Ted Strickland and top Democrats told Dann in a letter Sunday that House Democrats would “immediately” move to impeach him unless he resigned.

Husted has asked Rep. Bill Batchelder, a fellow Republican and former appeals court judge, to look into how an impeachment process would move forward, while three House Democrats are studying the same issues. Batchelder won’t be reporting back until at least Friday, Husted spokeswoman Karen Stivers said.

Husted declined to say Wednesday that the House wouldn’t move forward without the independent investigative assistance but stressed that it would be a major challenge.

The two women who filed sexual harassment claims against Anthony Gutierrez, Dann’s general services director, had 10 days from the release of the internal investigation Friday to file an appeal, which would lead to an independent investigation. Dann said during his news conference Friday that if the two women didn’t file an appeal by Monday’s deadline, he would appoint an independent investigator himself.

Husted suggested Wednesday that the same investigator could help the House determine whether it should go forward with impeachment. He the investigation’s integrity wouldn’t be compromised if the appointment is made by Dann.

“I think that with consultation with the Legislature and the administration that we would certainly come up with somebody that we would all agree with,” Husted said.

Both House Democratic Leader Joyce Beatty and Strickland, who has called for an independent investigation, said they’d be open to using the investigator appointed by Dann to assist the House.

“The governor would have no objection to that,” spokesman Keith Dailey said.

Lawmakers could also appoint an investigator — such as Ohio’s inspector general — through legislation, but Husted said that using Dann’s appointment would be a better alternative in terms of cost and time.

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