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Impeachment: A matter of right and wrong

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Thursday, Apr 13, 2006 - 12:10:14 am CDT

If you listened closely Wednesday during legislative debate to impeach Regent David Hergert, you heard an argument that had more to do with right and wrong than it did with constitutional interpretations or legal definitions.

BY MATTHEW HANSEN | Lincoln Journal Star

I’m not a lawyer.

Story Photo
From left: Kermit Brashear, Chris Beutler, Ernie Chambers, Pat Bourne. (LJS and AP photos)

Related Link(s):


4.12.06: Lawmakers vote to impeach Hergert
Graphic: The Hergert case: A timeline
Articles of impeachment (.PDF)
The impeachment process

Nebraska’s state senators kept stepping to their microphones and repeating that statement, over and over again, as complex legal arguments swirled around the Legislature Wednesday.

On one side, legal experts Sen. Chris Beutler of Lincoln and Sen. Ernie Chambers of Omaha argued that University of Nebraska Regent David Hergert should be impeached.

On the other flank, legal minds Sen. Kermit Brashear and Sen. Pat Bourne, both of Omaha, argued Hergert’s campaign finance wrongdoing didn’t merit impeachment.

The two sides debated campaign finance law and analyzed the Nebraska Constitution.

They even parsed the definition of the term, “in office” two different ways as morning turned to afternoon and the other senators downed cup after cup of coffee. 

But if you listened closely to the non-legal minds, you heard an argument that had more to do with right and wrong than it did with constitutional interpretations or legal definitions.

“He has shamed and disgraced the university,” said Sen. Mick Mines of Blair. “And he has shamed and disgraced this state.” 

Some of the 25 state senators who voted to impeach Hergert described him at various points as  dishonest and lacking the integrity necessary to lead the University of Nebraska system as a regent.

Several portrayed him as a man who believed he could buy his 2004 election to the board and then buy his way out of any trouble afterward.

“I’m sorry, but my conscience won’t let me go there,” said Sen. Ed Shrock of Elm Creek, responding to one of Brashear’s legal arguments against impeachment.

“The message I see is the rich people don’t have to abide by laws and poor people do.

“That’s what this is.”

Some of the 22 impeachment opponents had their own moral arguments for letting Hergert off the hook.

They asked: Why did the Legislature seem dead set on impeaching Hergert when they’d never considered impeaching Regent Drew Miller, who also violated campaign finance law?

Why were state senators so disturbed by the allegation that Hergert unfairly swayed  western Nebraska voters by breaking campaign finance law?

Don’t politicians unfairly sway voters all the time?

How is going after Hergert fair?

“Where have you been all your life?” asked Sen. LeRoy Louden of Ellsworth early during the debate, mentioning that the character of a former colleague, Curt Bromm, had been unfairly smeared during Bromm’s run at Congress.

“This is what campaigning is all about.”

Later, Brashear accused Beutler and Chambers of playing politics. with Hergert’s impeachment. They shot the accusation right back.

Bourne read a part of a Minnesota Supreme Court decision that he said showed Hergert shouldn’t be impeached.

Beutler responded with a Florida court decision he said showed  Hergert could be impeached.

Everyone drank more coffee, not exactly ignoring the legal arguments, but not entirely grasping them, either.

Time and time again, senators rose and pointed out that they were not lawyers.

Over and over, the businessmen,  farmers and nurses who serve in the Legislature asked each other this question: If Hergert were a University of Nebraska student who cheated, wouldn’t he get an failing grade?

Wouldn’t he get booted out of school?

“Dave Hergert is a liar,” Chambers said. “We all know that.”

Reach Matthew Hansen at 473-7245 or mhansen@journalstar.com.   


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Allan wrote on April 13, 2006 2:56 am:
" It is not good enough for representatives of the people--whether regents or legislators--to simply act "within the law." They must serve as exemplars of what is morally right, if they are to serve us fully. Regents who lie about campaign financing, and legislators who lie about their motives for promoting legislations (pay attention here Sen. Folley) are not fit to represent the people of Nebraska. "
Tom wrote on April 13, 2006 8:31 am:
" I rarely agree with Chambers - but he is right on this time. Hergert along with his buddy Brashear are liars and cheats. If a student at NU was caught cheating and telling lies as these two have they would be kicked out of school - End of story. They would not have the money to try and buy their way out of it like Hergert. The board that governs the students and NU should be held too much higher standards. "
David wrote on April 13, 2006 8:34 am:
" You don't have to "be a lawyer" to grasp that, above all else, we must abide by the constitution--the supreme law of the state. All of us--nurses, teachers, farmers, lawyers, everyone--have a stake in that document as citizens. And if the constitution does not provide for Hergert's impeachment, then we need to change the constitution. Abiding by our state's charter AT ALL TIMES is as much a matter of honesty and morality as is trying to unseat a dishonest politician. "
Robert wrote on April 13, 2006 12:22 pm:
" There are two issues here. The first is did he (Hergert) do something wrong. I don't know of many who would say he did not break the campaign finance law. For what ever reason, the Accountability and Disclosure Commission decided not to pursue criminal charges against him and in doing so, may have created immunity from criminal prosecution. This part goes undisputed as has been reported in the papers for months. I agree with statements being made that a student cheating would be expelled so why not Hergert? If the ADC did give him immunity from prosecution, then the commission should be called into question and we should be just as upset with them as with Hergert. The second issue deals with whether or not to impeach Hergert. Yes, emotions can drive it. He needs punished, somehow. In reality, the legislature may have over-reacted on this one. They hired an attorney to give legal analysis on an issue and when they disliked the response, they chose to ignore what is probably sound, logical reasoning regarding the likelihood of success. With that, the legislature may very well be costing the taxpayer, you and I, money on something that cannot be accomplished. I agree he did wrong. I just think emotion took over reasoning and it is going to cost me in the end. Hergert should be gone, but that was a decision that was left to the Accountability & Disclosures Commission. Live with it. "
Erin wrote on April 13, 2006 12:40 pm:
" A cheating student should get kicked out of the university but I've been a student long enough to see dozens of cheating students graduate with a degree. At least Hergert paid fines after the election which is more than I can say about those cheating students. I think it is safe to say that many of the students crying for Hergert's impeachment have been dishonest or have cheated outright at some point in their careers. Students who actually get caught are usually failed and most would argue that the same should be applied to the regents but apparently this is only true for some of the dishonest regents. I do not think I would go so far as to say that Hergert should not be impeached but I question the motives behind it when he is clearly not the only regent who has been accused of campaign finance violations. This entire year has smacked of some sort of vendetta against Hergert that I do not fully understand. I would hardly be surprised to find that most of the regents had dirty little secrets of their own, even if they are not as serious as campaign finance violations. So why the single-minded intent of destroying Hergert? It was okay for Drew Miller to be a regent after campaign finance violations and those who support impeaching Hergert have yet to give a straight answer for the discrepancy between the treatment of Miller and Hergert. That in itself seems a little underhanded and dishonest to me. "
Brett wrote on April 13, 2006 2:09 pm:
" This is a ludicrous waste of time and money. All because Hergert is not a "good ol' boy", had the nerve to actually win against a "good ol' boy", has the wrong views on abortion, and is from the wrong end of the state. He has paid his fines. There wasn't grounds to pursue criminal charges. The legislatures OWN LAWYERS say that there is not sufficient reason to impeach him, and some of you are still so innocent as to think this is even about the law??? Hardly. You deserve better representation from your state senators. Instead of solving your problems they are acting like kids on a playground...Shame on them, and shame on anyone who accepts this sort of representation. "
john wrote on April 13, 2006 2:48 pm:
" This whole thing is a waste of money. "
Pilgreen wrote on April 13, 2006 4:13 pm:
" It is extremely insensitive and incorrect to say that Dave Hergert has disgraced the University and his home state!!!!!!! This has been a witch hunt, expressly conducted by Ernie Chambers. What is Ernie Chambers comment concerning the Drew Miller violations? To say that Hergert is a liar and cheat goes beyond reason. It seems comments are being made about character without knowing the person and the integrity that he stands for. Has Ernie Chambers sent out thousands of well-wishes and congratulations to people in his district?.....personally????? Hergert has....... Has Ernie Chambers supported numerous aspects of the university BEFORE he considered running for office? Hergert did.......... How many "little people" does Ernie Chambers come into personal contact with, and have a genuine relationship with....... Hergert has had many. How many prayers has Ernie Chambers said for the students, and well-being of the university? Hergert has said many. No, Ernie Chambers, we all do not know that Dave Hergert is a liar. Most of the "down to earth" people of this beautiful state know that the man driving down their road, or sitting on their porch, or standing around the tailgate is a person that they can trust; one that they can depend on to take care of the business at hand, to help the state that he loves so very much. He has paid his fines, and his dues. It is time to move on to help the state and not attack one of it's greatest supporters. In the moral elements of society, there are vices that destroy it. However, the virtues which cause it to endure - never change. The homely virtues of honesty, industry, self-discipline, loyalty and humility are now and always will be the only lasting foundation upon which to build a life of purpose and accomplishment. Perhaps the only alteration is that in the society of today, through economic growth and changing social conditions we have experienced, it is necessary to firmly apply these basic actions of life to our actions and efforts as members and representatives of various groups. The fundamental importance of personal honesty comes from years of having this virtue instilled deep in your heart and mind, so as to apply this in the American life we all honor. Intellectual dishonesty has become a growing trend in many political circles of today. It has become increasingly popular to call some one a liar or corrupt without personal knowledge of the individual. It is a challenge to you and to me and every American to understand those things which are good, to perpetuate those truths, to practice these virtues, and to build a state and nation that is great because of the goodness accomplished by individual citizens....... Citizens....such as Dave Hergert...Nebraskan.....American. "

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