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Colorado's Attorney General Phil Weiser has issued a formal opinion concerning the recommended impeachment of Colorado Secretary of State Jena Griswold for her Anti-Trump actions. Weiser's opinion is in response to a formal request from Colorado House Speaker Julie McCluskie. Colorado House GOP members had formally requested McCluskie introduce both a resolution and impeachment articles to begin the impeachment process. Weiser has now made his opinion official.

Here are the main official opinion points of Colorado Attorney General Phil Weiser formal opinion on impeachment:

1. The Speaker has discretion to bring a resolution seeking the impeachment of a state officer before the full House or to refer the resolution to a committee of reference.
2. The Colorado Constitution authorizes the impeachment of state officers for malfeasance in office.
3. The Colorado Supreme Court held that malfeasance in office requires a wholly wrongful and unlawful act done willfully that involves the violation of a statutory duty or the improper or corrupt exercise of discretionary authority.
4. The commonly understood meaning of the term “malfeasance” at the time of the Colorado Constitution’s adoption supports applying the Schneider interpretation of malfeasance in office to article XIII.

Weiser goes on to interpret the further explain the definition of the term 'malfeasance'.

"Here, dictionary definitions from the era when the Colorado Constitution was adopted support applying Schneider’s interpretation of malfeasance in office to article XIII.
In 1890, for example, one source defined malfeasance as “[t]he unjust performance of some act which the party had no right, or which he had contracted not to do,” and “the doing of an act wholly wrongful and unlawful.” Malfeasance, 14 JOHN HOUSTON MERRILL, AM. & ENGLISH ENCYCL. OF LAW 5 & n.2 (1890). Similarly, a 1910 dictionary defined malfeasance as “the wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do.” Malfeasance, BLACK’S LAW DICTIONARY (2d ed. 1910); see also Malfeasance, AM. DICTIONARY OF THE ENGLISH LANGUAGE (10th ed. 1832) (defining the term as “evil doing; wrong; illegal deed”)."

Weiser adds, "these definitions bear remarkable resemblance to the Court’s initial definition of “malfeasance” in Schneider. As the Court held: Malfeasance consists of the doing of an act which is wholly wrongful and unlawful; it involves an act which the officer has no authority to do."

You can download Phil Weiser's full formal impeachment opinion here:

Local Denver media was quick to host outspoken Democrat advocates stating this impeachment resolution was a "waste of time" and "political". Expect Speaker McCluskie to move on with the supermajority Democrats radical agenda in the Colorado House beyond this recommended impeachment resolution. Colorado Secretary of State Jena Griswold can waste the state's time and tax payer dollars attempting to keep Trump off the ballot, but the Colorado House has no time to consider a legitimate question of alleged malfeasance in an impeachment resolution. Just another hypocritical moment of many in today's Colorado double-standard governance.

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