A three-member commission empaneled by Gov. Nathan Deal to look into the suspension of State Rep. Tyrone Brooks (D-Atlanta) has unanimously decided he should not be suspended despite facing a federal indictment.
Brooks is accused of taking $1 million in charitable donations from two organizations that he runs and using the money for personal gain.
His attorney, former Gov. Roy Barnes, argued before the panel, made up of Georgia Attorney General Sam Olens, Rep. Stacey Abrams (D-Atlanta), and Sen. Steven Henson (D-Tucker), that Brooks indictment had nothing to do with his public office.
"Just because a public official gets indicted, it is not enough under the constitution, to remove a public official," he says. "It had to be an act that occurred while in the performance of his duties in that office."
Barnes also argued suspension would leave Brooks' House district without representation until the next regularly scheduled election could be held.
The former governor is also representing Brooks in the federal case in which Brooks has pleaded not guilty.