Did Governor Fletcher Just Make It More Likely That He'll Spend Some Time In Jail?

Now that Governor Fletcher has pardoned everyone in this scandal but himself, and he's going to invoke the 5th Amendment tomorrow before the grand jury, it seems to me that he's put himself in a deeper hole.

Here's why.

By pardoning everyone else -- all of whom had previously invoked 5th Amendment -- they will now be compelled to testify before the grand jury by Attorney General Stumbo and will not be allowed to take the 5th since they cannot face criminal charges. They would then be compelled to tell the whole truth and should they lie, Stumbo would go after them for perjury and if they refuse to testify, he'll get them on contempt and possibly obstruction of justice.

Assuming most would rather not have this legal nightmare continue for them -- especially the younger staffers -- they might instead implicate Governor Fletcher and make it all the more likely that he will be indicted for being the head of this criminal enterprise and conspiracy and for possible obstruction of justice for the way his administration has failed to produce critical e-mail evidence to prosecutors and the grand jury?

Also, by ensuring that his top staff are forced back into the grand jury to tell all they know, this is further likely to inflame Democratic House members -- who have a solid majority -- to proceed with impeachment hearings as was previously reported by BluegrassReport.org.

Comments

[Daniel]

This is where it will get good. He'll get impeached by the House without a doubt.

[bryan]

Does the KY constitution have any procedures for impeachment or recall? I know I should know the answer to that, but I'm afraid I don't.

I'm just beyond appalled by all of this.

Impeachment sections are at http://www.lrc.ky.gov/legresou/constitu/list1.htm#Impeach

[reb;nld]

Prediction: a flurry of Fletcher appointee resignations starting bright and early tomorrow morning. At least I hope so. Preserve some shred of dignity, please.

Wonder if Pence will pardon Sadie???

There is no "obstruction of justice" crime in Kentucky.

The Kentucky Constitution has impeachment provisions but no recall provisions. Most recall provisions in other states were enacted after Kentucky's present constitution was put into force.

Hopefully Stumbo will have those pardoned served ASAP with subpoenas and have them in before that grand jury pronto. They'll have no right not to testify after they are pardoned and it'll be interesting to see if they drop Fletcher in or perjure themselves.

Actually, I think this works out quite well for Fletcher.

He has just dared Stumbo to indict him and had laid the groundwork that if he is indicted, it will be: 1.) politically-motivated, and 2.) revenge motivated. He is obviously above confident that there are no grounds to indict him and if the prosecutors indict him anyway, they cannot prove his guilt.

If the prosecutors subpoena witnesses previously called before the grand jury, it continues to look like a political vendetta against Fletcher. If those witnesses decline to testify and are cited for contempt, then Fletcher can pardon them.

Fletcher may technically be pleading the Fifth, but he has made clear that he is not really declining to make self-incriminating statements, but is saying, "I refuse to recognize the legitimacy of this investigation." Bully for him!

The events of this evening have painted Stumbo into a corner. Does he just let this drop and get on with the real business of the state, or does he continue this vendetta and open himself to further accusations of being motivated by politics?

This may be politically risky for Fletcher, but in the end it was the right thing to do. After all, Larry Forgy was right, and Fletcher has traded a political act (the investigation and indictments) for a political act (the pardons.)

Next thing Fletcher should do is to demand the resignation of David Ray as inspector general in the Transportation Cabinet. If Ray does not resign, he should be fired. His mishandling of the Michael Duncan dismissal helped get this whole ball rolling.

[Sam Wise]

Larry Forgy was right?

The governor is "technically" taking the Fifth Amendment?

LOLOL

Once again, the party of Richard Nixon, G. Gordon Liddy and Fletcher are displaying in easy-to-understand terms how morally bankrupt and incapable of governing they are.

Thank you; keep those posts coming!

Noodling?

NOODLING?????

What a wimpy little term! That is not, as far as I've ever heard, a term used here in my part of Kentucky anyway.

Here, we call that activity ROCK FISHING, Governor Fletcher.

Noodling? What limp kind of analogy is that?

Sheeeeesh!

Republicans may NOODLE, but DEMOCRATS ROCK (fish)!!!!!!!!!!!!!

Actually, the statutes call it "tickling and noodling."

[retxab]

I don't know about the effect of everyone's pardons on their pleading the 5th. Fletcher's authority only extends to state offenses, not federal ones, and some questions remain open about RICO or other federal crimes. If federal crimes might still apply, wouldn't the pardonees still be able to take the 5th?