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Gov. Robert Bentley's lawyers want the House Judiciary Committee to suspend impeachment proceedings against the governor.

(Julie Bennett/jbennett@al.com)

Gov. Robert Bentley's lawyers have asked for suspension of impeachment proceedings against him, saying that the resolution to impeach is so vague it does not allow due process.

"In fact, the current impeachment resolution appears to sanction the deployment of governmental power to conduct a roving investigation that is unbounded by time and subject matter, and to then compel the governor to defend himself against amorphous allegations that almost certainly have no bearing on a lawful impeachment process," Bentley's lawyers wrote in the introduction of the 10-page document.

Last week, Bentley's lawyers filed a document with the Judiciary Committee saying removal from office is warranted only by the most egregious offenses, not just because legislators disapprove of something the governor has done.

In April, 23 members in the 105-seat House of Representatives signed a resolution to impeach Bentley for willful neglect of duty and corruption in office.

The impeachment resolution does not say what actions are the basis for the charges, other than to mention that two complaints have been filed with the Ethics Commission seeking an investigation into whether Bentley misused state property.

Bentley has said he has done nothing to deserve impeachment and that he plans to finish his term in January 2019.

In March, former Alabama Law Enforcement Secretary Spencer Collier accused Bentley of having an affair with former political adviser Rebekah Mason. Collier made allegations at a press conference the day after Bentley fired him.

Bentley admitted making inappropriate comments to Mason after they were revealed on secretly recorded audio tapes, but he and Mason denied having an affair.

Collier has sued Bentley for wrongful termination and defamation.

Collier said Bentley fired him for refusing Bentley's order not to cooperate with the attorney general's office about an investigation concerning the Mike Hubbard case.

Bentley has denied that. Bentley said he fired Collier over possible mishandling of state funds.

Collier has said he has done nothing wrong and would welcome an investigation.

Rep. Ed Henry, R-Hartselle, began pushing the resolution to impeach Bentley shortly after the audio tapes became public and Collier's allegations.

The three-page impeachment resolution makes no specific allegations.

The motion to suspend the proceedings says that impeachment proceedings are criminal in nature and that the governor is entitled to all the constitutional and statutory protections as a criminal defendant, including due process. And that requires that the charges be specific, Bentley's lawyers wrote.

"A sitting governor cannot be forced to speculate as to the scope or meaning of grounds for impeachment with which he is charged," they wrote.

The motion is signed by lawyers Ross Garber, who was hired to represent Bentley in the impeachment proceedings, Joe Espy, Bentley's personal lawyer, and David Byrne, the governor's chief legal advisor.

In a separate motion filed today, Bentley's lawyers asked for three members of the 15-member Judiciary Committee to recuse themselves.

Reps. Mike Ball, R-Madison; Allen Farley, R-McCalla and Mike Holmes, R-Wetumpka, all signed the resolution to impeach Bentley.

As accusers of Bentley, they should not be allowed to be adjudicators, as well, Bentley's lawyers wrote.

Statements and appearances in the press by Ball and Farley also indicate a high risk of bias against Bentley, they wrote.

Ball, Farley and Holmes have said they do not intend to recuse themselves.

This story was updated at 6:38 p.m. to add more details about allegations between Gov. Bentley and Spencer Collier.