Democrat From Kentucky


Democrat from Kentucky
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Previous Posts


Kaine Picking Up Steam In Va. Governor's Race
What Perjury Means To Mitch McConnell
Cabal of Evil - Cheney And Rumsfeld
Bernanke Named To Replace Greenspan
Problems With Changes In State Merit System
Delware Senator Joe Biden Shows Up In Kentucky
Judith Miller Vs. New York Times
Lt. Gov. Pence Speaks In NKy
Republican Unpaid Gubernatorial Advisors Indicted
FEMA Officials Said Chief Unprepared

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Fletcher Thinks Indictments Unconstitutional Tuesday, October 25, 2005

Governor Ernie Fletcher continues to grasp at straws as he tries to get indictments thrown out on constitutional grounds. At this rate, it will all end up in federal court of they're not careful anyway. Mark Chellgren wrote the AP story. Here are some excerpts:

Fletcher filing argues some indictments are unconstitutional

MARK R. CHELLGREN

Associated Press

FRANKFORT, Ky. - Indictments returned by a special grand jury since Gov. Ernie Fletcher granted amnesty to anyone who might be charged are unconstitutional, Fletcher's lawyer argued in court documents filed Monday.


[...]

"The motion was filed on behalf of the governor in his official capacity and it seeks to enforce the amnesty he granted," Snyder said in a telephone interview.

Attorney General Greg Stumbo, whose office is conducting the investigation, accused Fletcher of trying to usurp the grand jury and hide the truth about "corruption in their government."

On Aug. 29, Fletcher pardoned nine current or former members of his administration who had been indicted, mostly for misdemeanor violations of state personnel laws known as the Merit System. But the pardon language also extended to "any and all persons who have committed, or may be accused of committing, any offense up to and including the date hereof, relating in any way to the current Merit System investigation..."


[...]

Snyder and the attorney general's office both say an 1865 case backs up their arguments.

In it, the former Kentucky Court of Appeals ruled that a gubernatorial pardon could be granted before a conviction. At the time, it was the highest court in the state.

Snyder said the case and the debates that led to the writing of the current Kentucky Constitution in 1891 show the power to pardon is virtually unrestricted for a governor.

But the relatively brief decision does not specifically address whether a pardon can be granted before an offense is even charged.


Response

Fletcher seems to be sinking fast. While he does have two years left, he's got a legislative session quickly approaching as well as a state of the commonwealth address. One has to wonder what he will say in it because just about all his aides have been booted in one form or another. Honestly, the state of the commonwealth isn't so good because they're no real leadership. The Democrats don't have much either. While I like a lot of the Democrats, none are really stepping up to begin their war against the Republicans. Who do people think show some real promise and can win the Democratic nomination for governor and then take it in 2007?


posted by Stithmeister @ 12:11 AM
 
1 Comments:

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At 4:30 AM, Blogger Cynicus said...
If the governor can grant pardons before the charges are even filed, why can't he grant licenses to commit the crimes? It amounts to the same thing, and just think of all the revenue the Commonwealth could take in : 'right-to-speed' license plates, permitted vote buying, mugging permits, penalty-free rape, fees for legal murder.......
 

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Location: Harrodsburg, Kentucky, United States

I'm currently working in the telecomm industry but one of my passions is still politics.



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