ACLU Cautions Senate Against Expelling Kettle

COVENTRY, RI—The ACLU is urging state senators not to rush to judgment against Republican Sen. Nicholas Kettle. Kettle is facing a felony charge for allegedly snapping nude pictures of his ex-girl friend and sending them to a childhood pal in New Hampshire. He's also facing two other felony charges for allegedly extorting/blackmailing a Senate page to have sex in 2011. The grand jury indicted him for extortion on Friday.

State police arrested Kettle on Friday, and the Senate leadership quickly called on him to resign. After the arraignment Monday, Sen. Dominick J. Ruggierio, D-Providence and North Providence, called again for Kettle's resignation. But this time, Ruggerio said he would move to have Kettle expelled, if he refuses to resign. The minority leader, Sen. Dennis Algiere, said he agrees with an expulsion vote.

Ruggerio has indicated he is prepared to start the wheels in motion next week.

Now, the American Civil Liberties Union is saying it would be a mistake to move that quickly.

“We are alarmed at the apparent haste by which the Senate is considering the possibility of seeking his expulsion from the Senate under Article VI, Section 7 of the state Constitution," the ACLU wrote. "As serious as the criminal charges are, so too is the act of expelling a democratically elected legislator from the seat he earned from the voters of his district."

The reason isn't strictly because Kettle's entitled to a fair trial and the presumption he's innocent until proven guilty, although the ACLU did mention that concern, too. The main issue, the organization said, is the fact the Senate has never expelled a member in "modern history," and it's unclear how they would go about taking such as drastic action.

“It is our understanding that the Senate has not used Article VI, Section 7 in modern history to expel a member," the ACLU wrote. "We therefore believe it is essential that there be clear standards and measures in place before engaging in such an historic effort. To vote to expel a sitting Senator without any formal, carefully-considered procedures establishes a dangerous practice. In the absence of clear due process standards, the Senate’s actions in this case will set a precedent that could be used for less principled purposes in the future.”

Click here for the complete letter.