From the Wires
Judicial Watch Files Lawsuit Challenging Hillary Clinton Appointment on Behalf of State Department Foreign Service Officer
Suit Claims Hillary Clinton Constitutionally Ineligible to Serve as Secretary of State
Jan. 29, 2009 02:33 PM
WASHINGTON, DC -- (Marketwire) -- 01/29/09 -- Judicial Watch, the public interest group
that investigates and prosecutes government corruption, announced today
that it has filed a lawsuit against newly sworn-in Secretary of State
Hillary Rodham Clinton on behalf of U.S. Foreign Service Officer and State
Department employee David C. Rodearmel, (Rodearmel v. Clinton, et al., (D.
District of Columbia)). The lawsuit maintains that Mrs. Clinton is
constitutionally ineligible to serve as Secretary of State and that Mr.
Rodearmel cannot be forced to serve under the former U.S. Senator, as it
would violate the oath he took as a Foreign Service Officer in 1991 to
"support and defend" and "bear true faith and allegiance" to the
Constitution of the United States.
Under the "Emoluments" or "Ineligibility" clause of the U.S. Constitution,
no member of Congress can be appointed to a civilian position within the
U.S. government if the "emoluments" of the position, such as the salary or
benefits paid to whoever occupies the office, increased during the term for
which the Senator or Representative was elected.
Specifically, article I, section 6 of the U.S. Constitution provides, "No
Senator or Representative shall, during the Time for which he was elected,
be appointed to any civil Office under the Authority of the United States,
which shall have been created, or the Emoluments whereof shall have been
encreased during such time." The text of the provision is an absolute
prohibition and does not allow for any exceptions.
According to Judicial Watch's lawsuit, the "emoluments" of the office of
U.S. Secretary of State increased three times during Mrs. Clinton's most
recent U.S. Senate term. That term, which began on January 4, 2007, does
not expire until January 2013, regardless of Mrs. Clinton's recent
resignation. The lawsuit notes that Congress attempted to evade this clear
constitutional prohibition with a so-called "Saxbe fix" last month,
reducing the Secretary of State's salary to the level in effect on January
1, 2007. This maneuver, first used in the Taft Administration, has been
more frequently used in recent years by both parties, allowing notably
Republican Senator William Saxbe to become U.S. Attorney General in 1973
and Democratic Senator Lloyd Bentsen to become Treasury Secretary in 1993.
A similar "fix" has been enacted for Senator Ken Salazar to join the Obama
Cabinet as Secretary of the Interior.
Judicial Watch's lawsuit, however, points out that the legislation "does
not and cannot change the historical fact that the 'compensation and other
emoluments' of the office of the U.S. Secretary of State increased during
Defendant Clinton's tenure in the U.S. Senate..." The U.S. District Court
for the District of Columbia is required to give expedited consideration to
the lawsuit.
"This historic legal challenge should remind politicians of both parties
that the U.S. Constitution
is not to be trifled with," said Judicial Watch President Tom Fitton.
"Mrs. Clinton is constitutionally ineligible to serve as the U.S. Secretary
of State until at least 2013, when her second term in the U.S. Senate
expires. We hope the courts will put a stop to these end runs around the
Constitution and affirm the rule of law."
To read a copy of the lawsuit against Hillary Clinton, visit
www.judicialwatch.org.
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