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NE: Key lawmaker betting against fellow senator’s impeachment

By   /   September 17, 2012  /   18 Comments

By  Joe Jordan | Nebraska Watchdog

Bill Avery

OMAHA — One of the leading voices in the Unicameral doubts that State Sen. Brenda Council will ever face the wrath of her fellow lawmakers.

Brenda Council

Sen. Bill Avery, Chairman of the Government, Military and Veterans Affairs Committee, tells Nebraska Watchdog that if Council is re-elected, despite her legal problems, its “unlikely” she would be impeached.

Accused of pouring $63,000 in campaign contributions into casino slot machines and table games, Council is due in Lancaster County District Court at 1:30 p.m. Tuesday where she is expected to plead guilty to two misdemeanors— filing false reports to hide the gambling.

Council is locked in a tough re-election fight with Ernie Chambers, the man who held the District 11 seat in north Omaha for nearly 40 years before he was forced out by term limits in 2009.

If Chambers wins, impeachment is moot.

But if Council wins, lawmakers have a decision to make. Do they try to force her out of office?

If so, it opens up several key political questions for  Republican Gov. Dave Heineman, who would appoint her successor.

  • Would Heineman appoint Chambers?
  • Would Heineman appoint a Republican to represent the overwhelmingly Democratic district?
  •  If so, would that Republican be Susan Smith, who is waging a long shot write-in campaign against Chambers and Council?

Avery said those are questions that will never be answered.

Avery said impeachment is unlikely because it’s a “drastic action”, adding that Council is liked by her fellow lawmakers.

“She is not unpopular among her colleagues,” Avery said.

State Sen. Heath Mello, who represents District 5 in south Omaha and publicly supported Council over the weekend, agrees.

“I think Senator Council is respected in the Legislature, “said Mello, who added that he hasn’t thought about the possibility of impeachment.

The last impeachment in 2006 did not involve a state lawmaker.

University of Nebraska Regent David Hergert, a western Nebraska businessman, was never charged with a crime, but did admit to violating state campaign laws and paid a $33, 512 fine.

After refusing to resign, he was impeached by a vote of 25-22 and ordered to stand trial before the Nebraska Supreme Court where he was found guilty and forced out of office.

 Contact Joe Jordan at joe@nebraskawatchdog.org

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Joe Jordan

  • Elmo

    Wuold Heineman appoint Chambers? HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA

  • SusanSmith4NeLegD11

    The question is not if Sen. Brenda Council is well liked. Questions I’m hearing from voters in District 11 are:

    Does her admitted problem to a long term gambling addiction affect her ability to legislate; to have clarity of mind in making decisions on behalf of District 11; is there medical research showing that one who is addicted has overall clouded thought process in making decisions?

    Did the funding of her gambling addiction creep into dealings with lobbyists or organizations with special interest?

    Were all of her contributions reported; Were any donations received in cash?

    Why does there seem to be two sets of rules one for taxpayers and one for politians?

    The last thing our district needs is to have their trust and confidence violated and shattered by an elected official. I believe Sen. Council’s decision to stay in the Nebraska Legislative race is an example of continued poor judgement in thinking only of herself. Withdrawing from the race would be the appropriate and responsible thing for her to do.

  • Otto

    She should be impeached NOW. She LIED and FALISIFIED government records. She did not come forward or “get help” UNTIL she was caught. Every indication was that this “problem” was only going to get bigger, especially where she has “power” (in our state legislature). She should drop out of re-election AND be impeached as a matter of record.

  • http://twitter.com/GerardHarbison Gerard Harbison

    So Avery thinks ‘likeability’ should be the criterion whether criminal lawmakers should be impeached?

  • D. Mark

    Just shows they will take care of their own! She will not be re-elected so there will not be any problem. Maybe Susan Smith will take care of the problem!!!!

  • jazzee

    typical laws/rules only apply to the rest of us. not a surprise from government officials how they justify their actions

  • L.A.

    I never thought the legislature was a place reduced to a Facebook experience of “like.” I think it needs Senator Chambers back to remind them it is a place where laws are made. Campaign contributions are given in good faith with trust that they will be used prudently to advance a candidate to serve the public by winning. That’s the gamble. Regrettably, Ms Council didn’t understand the laws that govern the process or the reason she runs for representative office. Not a good sign for one who wishes to make them.

  • resistwemuch

    No one in the NE legislature will vote to impeach Senator Council and run the risk of being branded a “racist.”

  • ROger Yant

    She is a crook and should be gone today. What are you talking about lawmakers. She is a FREEEEEKING CROOK!!!!!!!!!!!!!!!!!!!!!!!!

  • Watching_From_Lincoln

    Your continuing call for her resignation is only because you have a snowball’s chance in hell (both figuratively and literally) of beating her, or Ernie, in District 11. You are the one with mental defect issues that should be examined if you think that a slice of Conservative Republican Wonder Bread like you has any chance in District 11.

  • Watching_From_Lincoln

    Like Jon Bruning and Gov. HeineyMan, who BOTH accepted illegal campaign contributions from a foreign corporation, and if it hadn’t been for Common Cause, no one would have known about it, Roger? Regardless of whether they returned the $5000 or not, the act of ACCEPTING that money was illegal. So where was your hypocritical voice calling for legal action against EITHER of them then, Roger???

  • Watching_From_Lincoln

    No, I think what Sen. Avery was trying to say is that 1) Nobody has an ax to grind against Sen. Council and that, 2) People in glass houses shouldn’t throw stones when it comes to these things, as there are plenty of skeletons in other members of the Unicameral’s closets that could warrant the same actions (impeachment) against them at this time.

  • staylor

    It all boils down to integrity. Integrity, of lack thereof, of Sen Council and that of her fellow lawmakers. She should resign immediately and her colleagues should encourage her to do so.

  • resistwemuch

    WFL: According to your post you are aware of other “skeleltons” in the closests of other State senators. Please share them with us, the uninformed. Put your money where you butt is and fill us in on all these skeletons. I’ll make a bet right now that you won’t expose anyone about anything. Helen Keller could have seen this coming.

  • http://twitter.com/GerardHarbison Gerard Harbison

    I’m OK with impeaching any convicted criminals in the unicam.
    Care to name names?

  • staylor

    If Sen Council is so respected by her colleagues, FIRE THEM ALL. We must
    demand honesty and integrity in our elected officials.

  • ToucheTurtle

    Since when is “like” a basis of whether or not to impeach a person?? Aren’t there LEGAL requirements as to when a person could/should be relieved of their duties to the taxpayers of Nebraska!

    Even though the AJ has FAILED to do his job by making excuses for her choices even though she “misappropriated” funds, committed fraud and down-right lied until caught with undeniable evidence, we will deal with him when he comes up for re-election! There is NO EXCUSE which puts Brenda Council above the law because, first of all, she is a lawyer and supposedly KNOWS what the laws are; AND because of her POSITION in State govt. Therefore this woman should have enough COURAGE and SELF-RESPECT to do the right thing and resign!!! (And just count herself D*MN lucky she isn’t going to jail!!!)

    But of course she won’t BECAUSE she honestly believes it is NOT her fault!!!! No it is one of those “whose fault is it” events where the excuse is multiple choice: the casino lights lured me in, the bells and whistles of the machines had a irresistible pull on me, the money stuck to my fingers . . . pick your poison!!! And those like WFL who will go to ANY lengths to JUSTIFY her shabby behavior continue to throw accusations at anyone who wants a RESPONSIBLE gov’t, one that is required to follow the law from the person living in dire circumstances to the top dog!

    In short, it is PAST time to clean up the mess and do better!

  • Road Runner

    I say leave it up to the voters in her district. If they vote her in, knowing the facts, then she serves the term. That’s democracy.
    What Heineman and Bruning are saying to the rest of the state IMO is that Council is better than Chambers. Don’t like that, Republicans? Tough! Your own leaders have spoken. Don’t like their decisions? Vote ‘em out next time.