Missouri State Representative Seeks Impeachment Against AG Chris Koster Over LGBT, Other Issues

State Rep. Mike Moon wants the Missouri House of Representatives to launch an investigation to determine if Attorney General Chris Koster has committed impeachable offenses with his refusal to defend the state constitution and his questionable handling of cases that involve companies that have donated to his campaign.

Moon has drafted two resolutions calling for an investigation into Koster’s actions. The first outlines the allegation of Koster’s “willful neglect” in his duty to protect and defend the Missouri Constitution. The second details allegations that campaign contributions have influenced Attorney General Koster’s decisions.

Moon’s first resolution notes that Koster chose not to appeal a decision by Circuit Judge Dale J. Youngs that held that Missouri must recognize same-sex marriages occurring in all other states. The resolution points out that, “Koster has explicitly indicated to the media that his reason for not appealing this circuit court decision was based on his own views and not considerations of his lawful duty to defend the Constitution of Missouri by stating that ‘Missouri’s future will be one of inclusion, not exclusion.’”

“Police officers swear an oath to enforce the law, and if an officer decides not to enforce a certain law just because he disagrees with it, that is a failure to perform his duties (willful neglect). In the same sense, the attorney general deciding not to defend the constitution because he disagrees with it is unacceptable,” said Moon, R-Ash Grove, who also pointed out that he has written letters to Koster on the issue and has yet to receive a response.

Moon’s second resolution notes that news sources indicated that Koster ordered his staff to drop an investigation into the company 5-Hour Energy after being notified of the investigation by a company attorney whose law firm had donated moneys to his campaign. The resolution also points out that Koster negotiated a settlement with Pfizer, which was represented by a law firm whose attorneys had donated to Koster’s campaigns. Additionally, Koster received donations from The Simmons Firm, which received a settlement in a class action lawsuit against Republic Services months after Koster filed a lawsuit against Republic Services.

“As multiple news outlets have discovered and reported, Attorney General Koster has repeatedly taken contributions that raise red flags in regard to the decisions he has made in numerous cases,” said Moon.

Moon added, “The bottom line is that our attorney general has failed to perform his duty to defend the Missouri Constitution, and then ignored efforts by those wanting him to defend the constitution. I believe the House should act promptly to thoroughly investigate his offenses.”

Moon’s resolutions request that a House legislative committee be formed to investigate Koster’s decision to not appeal the circuit court decision and the questionable acceptance of moneys.

Opinion: A Tax Whose Time has Come

by Attorney General Chris Koster

Like you, I am against raising taxes in Missouri, particularly in a weak economy. But there is one exception whose time has come – Missouri’s cigarette tax. The Missouri General Assembly should give Missourians a chance to vote on a moderate cigarette tax increase.

The current situation is well-known. Missouri has the lowest cigarette tax among the 50 states, at 17 cents per pack – a rate established almost twenty years ago. The highest cigarette tax state, New York, places a levy of $4.35 on each pack. The 25^th highest cigarette tax state, Iowa, places a tax of $1.36 on each pack. Even tobacco-producing states like South Carolina and Kentucky have higher cigarette taxes than Missouri.

Public policy favors a cigarette tax that places Missouri somewhere in the middle, at around 90 cents per pack. This change would create approximately $400 million annually in new revenue.

The current budget and health problems facing our state are equally well-known. Missouri spends more money under Medicaid to provide health care for smoking-related illnesses than we collect from the entire cigarette tax. In 2004, the Centers for Disease Control estimated that tobacco-related illnesses cost our state’s Medicaid program $532 million, and these costs have only skyrocketed with inflation. Yet, Missouri collected just $90 million last year in cigarette taxes.

Viewed through this lens, the General Assembly is subsidizing sick smokers more than $400 million annually. Under current tax law, Missouri has become an enterprise zone for cigarettes. I’m a strong supporter of enterprise zones, but not for cigarettes.

To our legislative leaders, I would say this: The cigarette tax is going to increase. Missouri will not remain in 50^th place for very much longer.

I propose raising the cigarette tax by 73 cents per pack, placing Missouri 33^rd out of 50 states. The $400 million in new revenue should be directed to building Missouri’s educational infrastructure, with particular emphasis on higher education, and addressing our state’s health care needs. Such a proposal should be placed before the people next November, so that Missourians themselves may decide.

This plan addresses two important goals:

First, the proposal addresses a serious public health issue. Missouri has the 2nd highest smoking rate per capita in the country. Many people addicted to smoking begin in their teenage years. Alarmingly, almost 19% of Missouri high school students smoke cigarettes. Using increased revenue to treat smoking-related illnesses and to promote cessation programs not only prevents premature deaths in our state, but makes compelling economic sense.

Second, it addresses the devastating funding cuts visited on Missouri’s colleges and universities over the last 10 years. Adjusted for inflation, Missouri’s higher education system has been cut by 34% since 2001.

Fifteen years ago, the Missouri Attorney General’s Office settled its landmark case against Big Tobacco. That settlement marked the turning point in public sentiment regarding smoking-related risks, and it has brought over a billion dollars into Missouri’s General Revenue fund over the last decade. Nonetheless, because Missouri’s cigarette tax is the lowest in the nation, our state’s smoking-related health challenges remain among the country’s highest.

The General Assembly should take action before the people are forced to act on their own behalf through the initiative process. Our state should utilize this money in a way that improves public health, promotes education, and provides real economic benefit for our citizens. To miss this opportunity is to fail in our responsibility as elected leaders of Missouri.

Missouri attorney general rebukes federal health care law

Despite his party's support for President Barack Obama's health care plan, Democratic Attorney General Chris Koster filed a "friend of the court" brief Monday that aims to remove the mandate requiring most Americans to obtain health insurance.

Koster wrote in the brief that upholding the individual mandate would "imbue Congress with police powers rejected by the Founding Fathers and never before permitted by the Supreme Court."

The brief was filed in response to resolutions passed in the statehouse in January that called on the attorney general to challenge the constitutionality of the health care law and to defend Proposition C.

Unlike filing suit, the amicus brief filed by the attorney general merely serves as a secondary opinion; it does not hold the weight of being a plaintiff or defendent. Rep. Tim Jones, R-St. Louis County, defined an amicus brief as not very significant.

"They don't carry that much water to be honest with you," he said. "It's like somebody saying, 'Yeah, me too.'"

Lt. Gov. Peter Kinder released a disatisfied statement in response to Koster's action. In it, he said Koster does not effectively advocate for the interests of Missouri citizens.

"Koster’s amicus brief in the Florida case, while welcome, is a day late and a dollar short," Kinder said.

Kinder went on to say that the mandate is not severable from the act, and thus Koster's wish of keeping the act intact without the central provision is not a feasible option. His statement called on Koster to take on more direct action. It is, however, too late for Missouri to join the lawsuit because it is already in the appeals process.

"It is crucial that leaders of our state are willing to get in the battle for Missourians' constitutional rights and freedoms, and not just comment from the sideline," Kinder said.

House Speaker Steve Tilley, R-Perryville, disapproved of the fact that Koster pinpointed only one issue in the act.

"His involvement in the process is political in nature, and he has taken a political calculation," Tilley said. "And I would say his political calculation is incorrect if he's identifying just one provision of the bill that's unconstitutional."

Koster's office offered no additional comments and said the document speaks for itself.

Obama's plan, the Patient Protection and Affordable Care Act, mandates that an individual should maintain a minimum amount of coverage or pay a fine. Missouri voters responded to the act in August 2010, when they voted to pass Proposition C, a referendum prohibiting mandatory participation in the health care system.

Koster's brief was filed as an addition to a case filed in Pensacola, Fla., by Republican attorneys general and governors from 26 states. Koster is technically the only Democrat who is directly involved in the case. The Attorney General of Wyoming is a Democrat, but the lawsuit was an action taken by the Republican governor. The Court of Appeals for the 11th Circuit in Atlanta is hearing the litigation. So far, three lower court judges have upheld the act, while two, including U.S. District Court Judge Roger Vinson, have taken issue with the central provision of the health care act and ruled it unconstitutional.

The mandate for health insurance is the act's central provision. Koster said he would support the act if legislators cut out that mandate.

House Democratic Floor Leader Mike Talboy, D-Jackson County, said he does not agree with Koster's reasoning in the brief but acknowledged that Koster did what he felt was necessary.

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