******GRAND JURY INDICTS GOVERNOR ERNIE FLETCHER (R)******

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It's time for some accountability for those who violated our trust during the Republican Culture of Corruption.

Our incompetent and corrupt Governor Fletcher (R) has been indicted! (AP now has updated story).

Grand Jury Indicts Gov. Ernie Fletcher
Ryan Alessi, Herald-Leader

The special grand jury that’s been investigating state government hiring practices indicted Gov. Ernie Fletcher on three misdemeanors for conspiracy, official misconduct and political discrimination.

The jury also indicted former Transportation Cabinet official Sam Beverage for perjury, which is a felony.

And the jury also submitted to Franklin Circuit Judge William Graham 14 more indictments that are under seal.

Those indictments cover crimes that may have occurred before Aug. 29, 2005, when Fletcher pardoned all administration officials except himself.

Will report back with updates.

UPDATE: WKYT-TV is reporting that this is the first time that a sitting Kentucky governor has been indicted. If anyone has the 7-page indictment, please forward by e-mail or fax (859-765-0400) so that I can post.

UPDATE #2: Presumably, the additional 14 indictments under seal are awaiting a final ruling from the Kentucky Supreme Court on whether the grand jury may continue to indict people who could be covered under Fletcher's blanket pardon, which the lower courts have said is permissible.

As you recall, after two justices recused themselves from hearing the case, Fletcher appointed two campaign contributors as special justices to hear this one case. One of the two recused himself prior to hearing the case.

UPDATE #3: Ryan Alessi just updated his story on the Herald-Leader website on the indictment. Here's what the three counts against Fletcher assert:

On the charge of conspiracy, the indictment states Fletcher “ordered, directed and otherwise approved the development and implementation” of what became known as the governor’s personnel initiative.

That initiative, which included participation from cabinet aides across the administration, tracked the political backgrounds of new hires.

In the second indictment for official misconduct, Fletcher is accused along with other “co-conspirators” of ordering or approving “the appointment, promotion, demotion, transfer or dismissal” of rank-and-file state workers who are supposed to be judged on their qualifications, not political affiliations.

The third count charges Fletcher with violating the prohibition against political discrimination because he “willfully ordered, directed or approved” the firing of Michael Duncan, an investigator in the Transportation Cabinet’s Office of Inspector General.

UPDATE #4: I've just been told that Fletcher communications hack, Brett Hall, has just said publicly that Attorney General Greg Stumbo (D) has just committed "malicious prosecution" and that they plan to file a motion asking that Stumbo be disqualified from the case. Funny, but during the 2003 governor's race, Fletcher bitched that then Attorney General Ben Chandler (D) didn't do enough during his investigation of Governor Paul Patton (D).

What a bunch of desperate idiots.

Titanic, meet Iceberg...

UPDATE #5: Click here for the actual indictment.

UPDATE #6: Just astounding. According to Fletcher hack Brett Hall (I just watched him say it) the basis for Fletcher's attempt to disqualify Stumbo and his entire staff is because Stumbo may challenge him for governor in 2007. Seriously. Recall that Stumbo has never indicated he is running for anything in 2007 except re-election.

Knowing how much more national attention we're about to receive, I'm so embarrassed for our state.

UPDATE #7: Anyone else wonder about the competence of the legal advice that Fletcher has been receiving of late?

First, Fletcher general counsel, Jim Deckard, argues that giving $11 million in public money to a bigoted religious school (The University of the Cumberlands) is legal. Then, Deckard advised Fletcher to appoint campaign contributors as special justices to the Supreme Court to hear the appeal in the criminal investigation of his own administration. Now they move to disqualify Stumbo because he MIGHT run for governor. Incompetence everywhere.

By the way, Larry Forgy is now saying publicly (according to WKYT-TV) that Governor Fletcher will be helped politically by the indictments. And Larry wonders why he can't win an election....

UPDATE #8: Click here for Fletcher's truly absurd motion to disqualify Attorney General Stumbo. I sure hope a judge nails Fletcher's corrupt ass with sanctions for this merit-less motion. Here's the basis for it:

MOTION TO DISQUALIFY ATTORNEY GENERAL STUMBO AND THE OFFICE OF THE ATTORNEY GENERAL
Governor Ernie Fletcher, through counsel, moves to disqualify Attorney General Gregory D. Stumbo and the Office of the Attorney General from further involvement in the merit hiring investigation as to Governor Fletcher because of General Stumbo’s stated desire to run against Governor Fletcher in the upcoming election. This stated intent creates a conflict-of-interest requiring General Stumbo’s disqualification. Because Attorney General Stumbo has repeatedly stated to the press that he is considering opposing Governor Fletcher in the upcoming gubernatorial election, it is apparent that his disqualification due to the conflict-of-interest created is an appropriate remedy for this Court to impose.

However, click here for the 16-page Memorandum In Support of Motion To Disqualify which tells me they feared Fletcher would be indicted and had this prepared well in advance. You don't whip-up such a motion and supporting briefs in an hour.

Here's another absurd snippet:

Because General Stumbo’s well-known interest in opposing Governor Fletcher in the upcoming election creates a substantial conflict between his personal political ambitions and his public duty to impartially prosecute cases, the Ethics Code requires the disqualification of General Stumbo and his staff from this matter.

However, according to Fletcher, appointing campaign contributors as special justices to the Supreme Court to hear you own last-ditch appeal is NOT a conflict of interest under the same argument they cite in this motion.

What a bunch of dishonest, hypocritical and embarrassing criminals...

UPDATE #9: Speaker of the House Jody Richards (D) has weighed with comments in the latest Courier-Journal story by Tom Loftus:

House Speaker Jody Richards called the charges “serious” and said the indictment will divert Fletcher’s attention from important state government business.

“It’s a sad day for Kentucky,” Richards, D-Bowling Green, said. “It does give us a black eye.”

Richards said Fletcher’s latest turmoil could deliver “a blow to Republican chances” in this fall’s elections for the state House, Senate and county-level seats.

“Right now, the Republicans, they’ve sort of made a mess of things, and most people are going to think it’s time for a change,” Richards said.

...and Rep. Ed Whitfield (R) is defending our gubernatorial crook:

But Rep. Ed Whitfield, R-1st District who served in the U.S. House with Fletcher, said the governor “is a conscientious man of high moral character, and this indictment is nothing more than the continuation of a politically-motivated effort to discredit the governor and to bring down his administration.

Funny, I don't recall him using that argument when he voted to impeach President Clinton...

UPDATE #10: I'm Joe Elliott's guest on his WHAS radio show (840 AM, Louisville) at 9:30 pm this evening. You can listen on-line by clicking here.

UPDATE #11: The Herald-Leader now has a copy of the Sam Beverage indictment on its website. Click here and the Beverage indictment is contained on pages 8 and 9.

UPDATE #12: Lt. Governor Steve Pence (R) (remember him?) spoke about the indictment while in Owensboro:

"It is time for this matter to be tried in the courtroom and not in the media," said Lt. Gov. Steve Pence, a former federal prosecutor who was in Owensboro meeting with state police officers when the indictment was issued Thursday. "I am confident all sides of this political investigation will be heard and justice done."

But as a reader Chris commented:

I guess Steve forgot about those pardons.

Indeed. Just more hypocrisy from these criminals...

UPDATE #13:  And if nothing else works, take no responsibility and just blame the media...

"This has been a politically motivated, media driven investigation from the start." Fletcher spokesman Brett Hall.

UPDATE #14: Elisabeth Beardsley's story on the Courier-Journal website shows where some of the top Republicans stand on Fletcher's indictment, as well as a national political assessment:

Senate President David Williams of Burkesville, the state's highest-ranking Republican after Fletcher, could not be reached yesterday.

Nor could U.S. Sen. Mitch McConnell, who recruited Fletcher to run for governor in 2003.

...Kentucky Republican Party Chairman Darrell Brock, who was indicted and pardoned last year in the investigation, could not be reached yesterday.

[...]

Larry Sabato, director of the Center for Politics at the University of Virginia, said the indictment, while only an accusation and not a conviction, is likely to be a death blow for Fletcher's political career.

Whether it's Fletcher's fault or the result of a potentially "overambitious" attorney general, Sabato said most citizens will "just want to turn the page."

"This has been an unhappy governorship," Sabato said.

"The great probability is that Gov. Fletcher is a one-term governor."

UPDATE #15: Seven hours since the indictment was handed down and the Kentucky Democratic Party is without comment. I guess I shouldn't be surprised...

Comments

[kentondem]

Pardon me, but this is the best news in a long time.

[Steve M]

Now perhaps this sorry saga in Kentucky politics can come to a final conclusion.

As a Republican I urge the Governor to demand a speedy trial and/or announce he will not seek re-election in order that a viable GOP candidate can be sought for 2007.

Wow! Great news! There is still some accountability in America!

[KY1911]

Today Ernie, tomorrow Georgie-boy!!!!!

[Bil]

Sorry, Steve - after Ernest is out it'll be a long time before there is a viable Republican candidate. Ernest and George, two of the biggest clusterf--ks in our nation's history, have set the GOP back to before Lincoln.

It looks like the indictments under seal are for the crimes that Fletcher contends are covered by his blanket pardons. So, this leaves open the big question: what about Justice Roach? He was General Counsel to Fletcher while this was going on. Can we expect him to be indicted now? He's done a lot of bad stuff (although we can't say for sure he's done anything illegal yet) and it would be good to see him go down.

[Mark Nickolas]

If anyone has a copy of the 7-page indictment, please forward to me at mark@bluegrassreport.org or fax to 859-765-0400 so that I can share.

[sdwn]

This is almost too precious for comment. But we must remember. This is an indictment, not a conviction.

[Steve M]

Bil- You may be right and only time will tell but there are still many good Republicans in Kentucky with integrity who can enter the fray and run a good race if Ernie will just step aside. We are all not a bunch of inept crooks!

SDWN -- An indictment of a sitting governor is not a legal conviction, but it sure in hell is a political conviction...

[sdwn]

No! You are NOT ALL a bunch of inept crooks! We know that! Just as there are many very decent, sincere Democrats on this earth. Given a chance, we'd probably quickly discover that we have far more in common than we realize.

[Jim Anderson Stivers]

Seems our Republican Governor has to go to court!

It is my hope the Republican Party of Kentucky will want to stand by the current governor for re-election.

This will be on the national news as another STAR in Kentucky’s Crown, as a backward state.

I am not sure there is, in the making, a Democratic candidate that will take what has happen as a serious offence to our state and do something besides warm a chair.

Serious, intelligent leadership is critical for the next four years. Especially since the state has so much more debt than at anytime in history.

The house leadership should also change, but we have already vented that one.

Unfortunately, if convicted, this would be a benchmark of the greatest damage to our state.

And the Democrats are handicapped as long as the present leadership and staff is running the KDP.

[sdwn]

Amen, 5:17, amen.

[Ann]

So much for ridding the state of "Waste, Fraud and Abuse".

Wonder who the 14 sealed indictments are for? Perhaps any sitting legislators? Rep. Howard Cornett was quoted by the Mountain Eagle that he recommended a man for a promotion because "he was the only Republican on the crew." If that isn't an admission of guilt, I don't know what it takes to be indicted.

[Joey Wilson]

This may seal the deal that Whitfield or Rogers will be the GOP choice for governor in '07. I think Dems may look back in November of next year and wish today's indictments would have never happened.

[DM Strong]

DOH!

biggest winner of the day:

David Williams.

5:44--
While I would certainly prefer to have a Dem. running against Fletcher since his approval rating will probably be about 3% by November '07, I think this is still the worst possible thing for Republicans. It is confirmation by a grand jury of our fellow citizens that the Republican Party is corrupt and criminal all the way up to its highest levels.
Voters will remember the result of their electing their first Republican governor in 30 years, a man who ran on a platform of rooting out "waste, fraud and abuse" in Frankfort. I can't imagine they will be fooled twice, no matter who the nominee is and how much money Mitch raises for him/her.
Republicans are done in Kentucky for a long time...

[EK Indy]

Mike Duncan may be the "biggest winner" since he just filed a lawsuit against the State for illegally firing him. Just so happens that one of ernie's indictments deals specifically with Duncan's ummm...release.

[Joey Wilson]

I'm not so sure that people won't simply declare Fletcher a mistake and still vote GOP in '07. In my corner of the state, people laugh about Fletcher but I don't see this sticking to all Pubs. Hope I'm wrong though.

Who are the big-name Republicans other than Fletcher? Other than the congressmen, I'd say that all they have is Steve Pence who has done nothing (in fact, he has been so MIA during this administration he may escape the scandal), David Williams and Trey Grayson. Everyone Mitch tries to promote as a candidate flames out. Are they going to run Richie Farmer for governor?
To sum up, the Rs have nothing.

Fletcher is no Tom Delay- he'll take the KRP down with him before he gives up on his re-election fantasy.

Fletcher is also not going to fall on his sword for Mitch McConnell, and knowing the speed of our court system- this will be daily grist up to November.

The perfect storm; too sweet.

[Kevin in Shelbyville]

I will never again watch American Idol. CHRIS VOTED OFF????? Are you freakin kidding me?

[Roger That]

I'm not surprised that Gov. Fletcher was indicted. I think most folks who frequent this website thought he would be. The disagreement is whether it is right or wrong. I would be very surprised if the Supreme Court renders an opinon that would unseal the indictments until after the May 16 election. May 19 is my guess.
I am VERY interested to see who the unindicted persons are. I wonder if it will focus on the Personnel and Transportation Cabinets, or will the indictments be spread out over the all the Cabinets? Will Pence be named?
Either way, Ernie is done. Buh-bye, Ernie.

[Julie]

If only we could vote our Governor off...

[Sam Wise]

Fletcher's done.

Northup was incredibly evasive a few weeks ago on WHAS when she was asked if she would support Fletcher for Governor in 2007. Bizarre response, I thought. Now I think I see--they've got somebody else in mind. With the possibility that the GOP could lose the U.S. House, being a minority leader might be unattractive to one of the three viable congresspersons: Rogers, Northup or Whitfield.

That's interesting, but it also seems like they've all got some pretty harmful Ambramhoff type/earmarking kind of skeletons though. They could be viewed as part of the crooks in Washington that need replacing, not promoting.

I agree with JAS on what we in Kentucky need. Who knows...maybe someday we'll get it? We need a leader with guts and principles, who doesn't change his or her mind based on which way the wind is blowing.

Here's the move to look out for- Williams moves to neutralize Fletcher's bad-for-GOP-bidness mojo and calls for his impeachment during a special session.

Pence steps in and runs as an incumbent in November.

[Gtownstoney]

Must have been some juicy material on Sadie's personal blackberry.

Can you imagine the Attorney General holding a Grand Jury over a charge equal to fishing in a Kentucky lake without a fishing license? What waste of money.

See? republicans are soft on crime. Their morals only go as deep as the coin in their pocket.

[Gtownstoney]

Hey 6:35, if you were one of the qualified employees passed over for some political chump, or were told to either move a hundred miles or give up your job, you might be whistling a different tune.

Whoops, there it is-

We just made CNN.

"...another republican governor was indicted today..."

I could kiss whoever wrote that line for the CNN talking head!

Remember the discussion of the high school girl that Marcus Carey killed after drinking? The law he broke was a misdemeanor! So, be careful about that argument...

It is a great day! Ernie gets indicted and the worthless piece of crap from West Virgina gets indicted for perjury (a felony).Hopefully Sam Beverage is found guilty as he got away with that crap for too long and maybe now he will get what he deserves.The low life had mistreated, sabotaged, and lied numerous times to dozens of KYTC employees during his tenure in Ky while serving as CDE in 3 different highway districts as well as State Highway Engineer.Hes also instituted changes that has cost the state hundreds of thousands of dollars in unnecessary expense solely because he wanted them.It will take the state years to recover from some of the decisions Sam made.Ernie needs his ass kicked for keeping the man to begin with since he was a Patton hiree with a widely known reputation as a hatchett man.You should have known better Ernie or was Sam acting on your orders when he was transferring those people and forcing all those new contracts into existence?

Governor's Office Responds to Grand Jury Indictments

Press Release Date: Thursday, May 11, 2006
Contact Information: Brett Hall
Jodi Whitaker
Troy Body
502-564-2611

The following statement is from the Office of Governor Ernie Fletcher in light of today’s action by Attorney General Greg Stumbo:

“This has been a politically motivated, media-driven investigation from the start.

“As Governor Fletcher has said repeatedly, his conscience is clear. He has done nothing wrong.

“We are evaluating the charges and, likewise, we are studying our recourse of action in the wake of this malicious prosecution.

“Because of the politicization of this entire investigation, we are filing a motion at this time to disqualify Greg Stumbo and his entire office from further participation in this matter.”

[liquid]

Take the blinders off 6:35. At some point you have to put partisan views aside and just say this is wrong what can be done to make it right. I think on a national level people are starting to come to that conclusion. That's why you see 31% approval ratings for POTUS. It's not about advancing Republican or Democratic agendas it's about making things right. As good for our country as I think Clinton was as POTUS there came a time when I had to admit I didn't think his deception was right. I know a lot of good Democrats who came to that conclusion and sadly I know a lot who kept the blinders on and defended something they knew was wrong. Just take off the blinders.

He doesn't just want to disqualify Stumbo... He wasnt to remove the entire OFFICE from pursuing this.

http://kentucky.gov/Newsroom/governor/20060511statement.htm

Governor Ernie Fletcher’s Communications Office
Governor's Office Responds to Grand Jury Indictments

Press Release Date: Thursday, May 11, 2006
Contact Information: Brett Hall
Jodi Whitaker
Troy Body
502-564-2611

The following statement is from the Office of Governor Ernie Fletcher in light of today’s action by Attorney General Greg Stumbo:

“This has been a politically motivated, media-driven investigation from the start.

“As Governor Fletcher has said repeatedly, his conscience is clear. He has done nothing wrong.

“We are evaluating the charges and, likewise, we are studying our recourse of action in the wake of this malicious prosecution.

“Because of the politicization of this entire investigation, we are filing a motion at this time to disqualify Greg Stumbo and his entire office from further participation in this matter.”

Motion to disqualify an entire office?

What's next, a motion to abolish the judicial branch?

I'm sorry, I know this is simplistic, but these guys are Booger-eating Morons.

[Kenneth Stepp]

It is a sad day for the Bluegrass State when a sitting Governor has been indicted. A previous blog has a connection to the indictment, and I ran a copy of it. I will try to fax a copy to the later blogger that requested a copy, but it is available on this web site on one of the above blogs. I am a lawyer. I do not see the word "misdemeanor" on the indictment, and I have looked at many indictments. They usually say whether they are a Class B Misdemeanor--or whatever. I will cross-reference the KRS statutes he is accused of violating, and if they are not misdemeanors, I will let you all know. I am not familiar with misdemeanor conspiracies, but maybe a group of people can conspire together to commit a misdemeanor. Kenneth Stepp, Democratic Primary Candidate for U.S. House, KY-05.

Time for scorched earth....Floyd Co is about to get cut off completely.

[Roger That]

In addition to CNN, the DrudgeReport has a link to the story as well.

[Sam Wise]

You two-bit crooks never learn, do you?

Scorched earth, throw them under the bus, cut off Floyd County...what the hell is the matter with you? Kentucky's had it with your childishness, and Fletcher promised that he was the solution Kentucky sought to keep that kind of thing from continuing. Instead, he and folks like you lied, and continue to use third-world approach back-street thuggery instead of using public resources for public good.

Ballard County, Boone County, Fulton County, and every other county in Kentucky will unite with Floyd County against you. We've had it with this third-world bullshit, and with lying bastards like Fletcher and David Williams.

[Not- so Rich]

Don't bet that anything will happen. In Ohio, up north of y'all, we have a sitting governor, Bob Taft, who pled GUILTY to several crimes, and refused to step down. He's still there, the most unpopular governor in, perhaps, U.S. history. he's still there, unimpeached by the repub legislature. I mean, he pled guilty and he's still in office.

What Twilight Zone?

Nothing left to learn, it is what it is.

[Bil]

CNN just broadcast the story about Ernest paying off political donors with jobs - their words. Ernest is toast.

[Robert Cumming]

Clean up the mess in Frankfort. How that slogan stings more than ever . When you ride a reform horse into Frankfort your best road is the high road away from the muddy bottom.

[Roger That]

Fletcher ruined lives of people he never met solely because he wanted to force them out so that he could give even low level jobs to his "own". Now, Fletcher humiliates this state on a national level. Whether or not Stumbo is politically motivated by his prosecution, Fletcher still committed these acts. And, will continue to do so if he thinks he can. Ernie has learned very little.

5:17 said it best.

It'll be damn hard to prove violations of 18A since the governor has no power whatsoever to hire and fire under the merit system but a conviction isn't what Stumbo was after. All he wanted was an indictment.

I pray to God that the members of that grand jury don't have important jobs that involve life-or-death decision because obviously they are too fucking stupid to realize when they've been led around like dogs on leashes for political reasons.

Fletcher will never be found guilty of any crime but the damage is done. Stumbo got what he wanted. I hope the bastard (or should that be father of a bastard) can sleep well at night.

[Roger That]

7:31 - Take one to know one? Wow, that was bitter AND low - goin' after someone's minor child.

07:31 PM:

You did it to yourselves; go cry me a river.

[Bil]

7:31 -- 'conspiracy' -- go look it up and get back to us, hmmm?

Oooooh! Vulgar name-calling....I smell a right-wing nut case!

I just read the indictment -- this is incredible! They indicted in part because of statements EF made to the public and because they did their own internal investigation?

I don't know who "Rachel Auxier" is but she'd better get ready for the scrutiny that's coming her way. Time for the Revenue Cabinet's auditors to get busy.

And i agree with the previous poster about cutting off Floyd County. I'd have done it a year ago when this little show first got started.

I can't wait to see what the KDP has to say about these indictments.

I mean that literally. I can't wait Jerry is probably still off trying to make money off of Hurricane Katrina.

[kentondem]

7:21 pm

If you believe what you wrote, then you are dumber than Fletcher's stump broke mare in Montgomery County.

[Gtownstoney]

7:38, I'm fairly sure they indicted because there's a mile-long trail of emails showing Sadie condoned an organized system of demotions and other adverse personnel actions against people who had the audacity to be registered Democrats.

Sam has just dropped off the face of the earth wonder where he is now. Last I knew he was workn gfor Hinkle Contacting at their Somerset Office. Any up dates on Sam since he left the state ???

[Julie]

Democratic National Committee Spokesman Damien LaVera issued the following statement:

"Looks like Governor Fletcher forgot to preemptively pardon one person-himself. Today's indictment shows that Governor Fletcher has brought the Republican culture of corruption and cronyism to Frankfort. Voters in Kentucky and across the country are hungry for change, not more of the same Republican pay-to- play schemes in which partisanship trumps the public interest. That is why Democrats are offering voters a real agenda of tough ethics reforms that will put government back to work for the people."

---

Paid for and authorized by the Democratic National Committee, http://www.democrats.org. This communication is not authorized by any candidate or candidate's committee.

There is a woman named Rachel Auxier who is the jury foreman on the Grand Jury hearing this case.

7:38--Wow! How positively Richard Nixon of you, not only creating an enemies list, but also seeking to commit crimes involving governmental abuse of process like tax audits.

Not at all surprising from someone associated with Ernie Fletcher, who during the campaign resorted to and rewarded those who slashed the tires of Chandler vehicles.

Both his continuing criminal behavior and your soliciation to commit felonies misusing state tax records are par for the course for the hoodlums this hypocrit has empowered.

But be careful, because IP addresses can be used to connect you to the conspiracy you are soliciting concerning tax abuses. If I were you, I'd take the Fifth Amendment. That seems to be what guilty politicians in Kentucky do these days.

5:04 says Justice Roach has "done a lot of bad stuff". Like what? That's a pretty heavy smear to toss out without anything specific to claim!

8:17--He's a Roach, not a justice. He's an appointed hack crony to the ultimate hack, Ernie "I am not a Crook" Fletcher.

He is a Justice, regardless of his last name.

6:35 posts: "Can you imagine the Attorney General holding a Grand Jury over a charge equal to fishing in a Kentucky lake without a fishing license? What waste of money."

That's nothing compared to the waste of money (tens of millions) and time that Kenneth Starr caused in his years of hateful pursuit of Bill Clinton. I'll bet you weren't complaining then, when it suited your political interests.

To claim that a governor usurping state hiring laws is equal to fishing without a license is totally bogus.

7:31 sure is testy and upset - and mistaken.

The governor has power to order or direct others in hiring and firing.

The governor isn't charged with hiring and firing anyone; he's charged with conspiring with others to do so for illegal political reasons.

If you have to resort to calling the grand jurors names, then it is obvious you do so because talking about the facts would destroy your argument.

Roach and "justice" are by definition incompatible terms. By his own admission, the crooked one doesn't even understand the requirement of justice in the Supreme Court, which is predictable considering his track record of unbridled cronyism.

UPDATE #1: while it may be true that Governor Fletcher is the first Kentucky governor indicted in history, what I find to be even more sad is that he is NOT the first (or even second) governor to be indicted this year or recently. Ohio's governor was indicted (and convicted), Connecticut's governor was indicted and convicted, and Illinois' former governor was indicted and convicted. Yes, all were Republicans, but what is most bothersome about it all is that this sort of corrupt conduct has become so common.

Or should we perhaps be happy that this sort of corruption and crime at the highest levels of state government are finally being brought to light and prosecuted?

Either way, it is sad that officeholders engage in such conduct.

UPDATE #2: it will be interesting to see how the Supreme Court rules on the issue of indictments of pardoned people for pardoned activity.

I would think that a pardon would be an affirmative defense to the actual charges but not a bar to being indicted. But it certainly is problematic to allow a grand jury to indict someone for conduct that has been pardoned. And, it is hard to believe that this (presenting indictments for people and conduct that have been pardoned) could be done in good faith. It is an interesting issue.

UPDATE #3: Anyone interested in this story really should take the time to read the actual indictment. It is very detailed. For those who have all along wanted to know the real story of what was going on, the indictment lays it all out.

The "unvarnished truth" has come out in the form of that indictment, if the grand jury has based it on complete, thorough and truthful testimony.

I'm sure this isn't how Governor Fletcher envisioned the "unvarnished truth" coming out when he promised that it would, way back when...

[kentondem]

update #9

Ed Whitfield just took his name out of contention for the Governor's race. He just hung Ernie around his neck.

UPDATE #4: The conduct of Fletcher and his flunkies is reprehensible and it is nice that at least one person is being held responsible.

That being said, Fletcher's attorneys raise a valid point in their disqualification motion.

Nobody reading this blog honestly thinks that Attorney General Stumbo has not had political considerations throughout all of this. Everyone knows he is interested in becoming governor and in fact gave up being House Majority Leader to run for Attorney General in order to become governor one day.
That doesn't mean that this investigation or prosecution should not have occurred. But it does mean that there is an apparent conflict of interest between Stumbo's political aspirations and his prosecution of Governor Fletcher.

If the shoe were on the other foot and this were a Democratic governor being investigated and prosecuted by a Republican attorney general who hoped to himself become governor, the word "corruption", so frequently used on this site, would be even more frequently used on this site.

There certainly is at minimum an appearance of a conflict of interest with Stumbo prosecuting Fletcher.

And, honestly, I don't know that Fletcher would actually do him any favors by having Stumbo and his office removed from the case. If someone else were appointed to handle the matter and continued to prosecute Fletcher, then the Republicans lose their last flimsy political defense in all of this, the claim (repeated again today by Fletcher's people) that this is not a big deal and is nothing but a political attack by a Democrat who wants to be governor.

Fletcher's disqualification motion shouldn't be dismissed as being without merit. And nobody who thinks this prosecution is merited should be bothered if that motion is granted, placing this prosecution in the hands of someone whose motives can't be as easily questioned and attacked as with Stumbo.

Taking issue with the fact that Fletcher said Chandler should have more thoroughly investigated Patton's administration misses the point. Chandler could not possibly have run against Patton or faced him as a political opponent in the next election cycle. That is the issue here.

However, it speaks volumes about Fletcher that he decried the prior attorney general's investigation of the prior governor as being too weak, then claims the opposite when he himself is in office and subjected to it. It also speaks volumes about Fletcher that he ran for governor promising to clean things up, yet responds to such an investigation by pardoning everyone (except himself...so far).

And it speaks volumes about Fletcher that he'd think it is OK to appoint judges to his own case who were his own political contributors, but then raises this disqualification issue because of political loyalties. While the motion is valid, it is also proof that Fletcher doesn't care to abide by the same standards he apparently thinks apply to others.

Julie (7:50): Is it true that the Democratic National Committee was addressing the media about Fletcher's indictment before the Kentucky Democratic Party did?

Are Jerry Lundergan and his crew totally worthless?

I hope John Stanton is one of the 14 sealed indictment people. He was the NKY representative for LINK. My guess the 14 include the LINK people. Stanton is now NKY chief of staff for Congressman Geoff Davis. DeLay, Cunningham, Rove, Taft, Fletcher....there is a pattern here.

UPDATE #5: Again, anyone who wants the "unvarnished truth" about what Fletcher's people were doing should read the actual indictment. There's your story, at least as told by the dozens of witnesses who testified under oath to the grand jury.

UPDATE #6: Sorry, but the disqualification motion is actually pretty sensible and valid.

But, having someone other than Stumbo and his office heading up this prosecution would remove the Republicans' last remaining feeble claim to a defense to all of this, that line that this is just a partisan attack by a political enemy.

That disqualification motion being granted would end up being more politically damaging to Fletcher than if it were not!

I wonder who the 14 indicted along with Ernie are? I really want to see that list, regardless of whether those "pardons" cover them or not.

Someone earlier wondered if Steve Pence would be one of the indicted...I'm thinking not. He was never called before the Grand Jury, was he? The Justice Cabinet would've escaped the Grand Jury's scrutiny entirely if it weren't for the Office of Drug Control Policy. As I recall, employees from that office were the only ones from the Justice Cabinet that got questioned. Somebody correct me if I'm wrong.

Someone else wondered if most of the indictments will come from the Transportation Cabinet or be spread across state government. I think they'll come from all corners of all the Cabinets. And that, my friends, will make for some interesting reading...

The motion and memo are very valid. I said all along that this belonged in the hands of the Frankin County attorney, who is the prosecutor who handles misdemeanors in Franklin County.

I'd love to see the indictment of Sam Beverage. Beverage is supposedly working on the project to repair Wolf Creek Dam at Lake Cumberland.

UPDATE #7: Deckard's legal opinion about the appropriation to the University of the Cumberlands being valid is very questionable. Fletcher's new attorneys' move to disqualify Stumbo and his office is legally sound though it may end up being politically damaging for Fletcher in the long run if it is granted. In this grand jury matter, Fletcher has been soundly advised, legally; it is unfortunate that he hadn't been given sound legal advice about personnel matters before all of this began, or about what the state constitution says about state money going to private schools.

But then again, if Fletcher were morally sound, he wouldn't need sound political advice about personnel matters. A decent person wouldn't be hatcheting employees and hiring and promoting unqualified hacks, regardless of whether state law criminalizes that conduct.

Oh, and as for Larry Forgy . . . he truly is a nut. He doesn't deserve any of the media attention he gets. But, like Louis Coleman, the media will quote him not because he is credible but because he will say outlandish things whenever a reporter sends a microphone or phone call his way. Both Forgy and Coleman are used as sources of wacky perspectives that most people find ridiculous. It is shameful that the news media gives either of those loony loudmouths any print or airtime.

...Ernie Fletcher, who during the campaign resorted to and rewarded those who slashed the tires of Chandler vehicles.

Proof?

I thought not...

Motion granted, Chandler's office disqualified, Franklin County Attorney chosen to prosecute the misdemeanors, said County Attorney drops charges. A beautiful sight in the Bluegrass!

The most important thing to watch for in the next week are who decides to bail on the administration and resign. That will show the depth of realization that this investigation has discovered real criminal acts; misdemeanor or not.

The hard-core Fletcher supporters posting here probably don't even realize how ridiculous their slander of the AG, the investigation, the grand jury and these recent events really appears. Stumbo can't win a governor's race - everybody knows that; he knows that - he can only seek that race if there is a counterbalancing opponent and Fletcher isn't that opponent so his motion is just all drama.

So what these Fletcher-whiners are left with is a grand jury who has diligently done its' civic duty throughout this investigation. Do these Fletcher supporters consider grand jury investigations of political corruption in other states political; how about grand jury investigations of embezzlement, grand larceny, theft by unlawful taking or any other host of crimes investigated by grand juries?

How sad that they are so deluded they can't even understand that most every Kentuckian appreciates the depth of a grand jury investigation and respects the results of such investigations. Many thousands of Kentuckians serve on grand juries every year! To slander this process speaks volumes about these Fletcher-backer's collective desperation! He still has the power to pardon himself; urge him to do so and face the consequences if that's his preference!

UPDATE #8: the comments put up on this site regarding the disqualification motion are ill-informed spite.

If it were a Republican attorney general and gubernatorial wannabe who had just indicted a Democratic governor he hoped to supplant, this site would be using the words "absurd", "corrupt", "absurd" (again), "dishonest", "hypocritical" and "embarrassing" to describe the attorney general, not the governor or his response.

The hope that Fletcher's attorneys would be sanctioned over this motion cannot possibly come from anyone with any hint of knowledge about the legal system. The spite and hatred of Governor Fletcher really goes overboard here sometimes - much to the detriment of responsible reporting and commentary, unfortunately.

"motion and memo are "very valid"?

Good grief. I don't even know how to begin responding. The ethics opinions cited are total nonsense, and there's never been a prosecution dq in Kentucky on a basis such as this.

UPDATE #9: I don't think many people really care what Jody Richards thinks about the indictment.

I think people ought to be interested, though, in whether or not the facts revealed by this indictment and prosecution will prompt House Democrats to impeach this governor for his conduct in office.

Frankly, I do not really understand why such proceedings were not done in the 2006 session of the General Assembly.

It's not like they were busy doing anything else . . .

[Ernie Fletcher]

Does anyone here know how I can get a hold of any of OJ's lawyers?

UPDATE #10: I offer this in good faith. Please do yourself a favor and don't go on the air with your comments about the disqualification motion being without merit and deserving of sanctions. Frankly, those were stupid, ill-informed comments and I suspect they were the product of passion and not reason. You would do well to disown them.

Otherwise, let them have it Mark!

9:07, neither the Franklin County Attorney nor any other prosecutor would dismiss these charges. You can bet your ass there is a wealth of testimony and evidence to support them. You don't just dismiss criminal charges for no good reason or because the defendant happens to have been a governor misusing his office.

9:08, we all know about the service grand juries do. We also know that they are tools for the prosecutor and grand juries rarely if ever do anything on their own if not directed to do so by the prosecutor. I don't think this grand jury indicted Fletcher because it wanted to. I think it did because Greg Stumbo and his office wanted it to.

The Beverage indictment is on the Herald-Leader Web site but it really doesn't say what he did. It would have been nice had the indictment actually listed what Beverage said that the prosecutors believed to be false.

Update 3,118:

The only thing embarrassing here is Fletcher, and the pathic and feeble efforts to respond on his behalf. He has been willing to literally destroy the judiciary to twist the results for himself, and is willing to continue destroying any authority that holds his crooked criminal ass responsible for his crimes.

Let him be a real leader, face the music, and accept the consequences. Where's some of that "personal responsibility" he claimed was so important when he was running for office?

Why aren't the individuals that were called to be witnesses before the Grand Jury, but refused to testify (by pleading the 5th) not listed on the indictment?

[kentondem]

9:23pm
There are 14 sealed indictments.

[sdwn]

Scroll down there, 'bout two-thirds of the way, and check out what Sam Wise has to say. He's hit the nail on the head. There's no lingering shred of a defense for the anti-Republican whatchamacallits now occupying the governor's office. Incredibly, they're still making smug threats...in the face of all of this! It'd be a helluva knee-slapper if it weren't so sad.

6:35 PM "Can you imagine the Attorney General holding a Grand Jury over a charge equal to fishing in a Kentucky lake without a fishing license? What waste of money."

I see that Ernie may have given up e-mail, but hasn't given up the internet (although last time he was handing out pardons and called it noodling without a license...

Great comments on WHAS, Mark. Rock on. You've got Fletcher's number, and it's a nickels and dimes figure.

Like you said, we can also learn a lot by the contempt he has shown for authority since this began, who has a disdain for the rule of law. Yet in 2003, Fletcher attacked Chandler for not doing enough to root out corruption in the Patton administration. The hypocrisy is astounding.

Even Joe Elliot called the motion to disqualify "laughable"!

9:21 is basically arguing that all grand juries are tools who don't understand how to synthesize clear information/evidence presented to them during the course of an investigation.

So basically one major foundation of our federal and state judicial institution, citizen-composed grand juries, should not really be accorded the responsibilities currently constitutionally conveyed since they are all at the whim of prosecutors and cannot be entrusted with the review of evidence presented to them?

Do you realize how dictatorial this sounds? Where was all this grand philosophizing during the Clinton impeachment, or the Patton investigation, or the Taft investigations or the Mayor Daley patronage investigation (conveniently aided by the FBI, mind you - Dem patronage hand-outs in Chicago get the big promotion past the state investigators and right into the hands of the Feds)? Where were these stirring calls to squash grand juries then?

Oh... Right... Those folks kept all that great insight to themselves because either it would appear ignorant and desperate to slam the investigations pursued by grand juries then or maybe those being investigated were just those damn sinful Democrats and, well, they just deserve that sort of treatment!

No one needs to inform them that these investigations are all zombies of the prosecutors!? Nnnooooo... It's only zombie-juries when Kentucky Gubernatorial Republicans are targeted! Well I'll be!

9:21, you overstate your point; the grand jury would not have indicted Fletcher had it not wanted to do so. Stumbo or Crawford-Sutherland may have wanted them to do so, but if a grand jury doesn't want to indict someone, they won't.

The specific facts of the Beverage indictment (what he said that was false) will be spelled out in a bill of particulars which should be shortly after his arraignment at the latest.

[Chris]

"It is time for this matter to be tried in the courtroom and not in the media. I am confident all sides of this political investigation will be heard and justice done."- Lt. Gov. Steve Pence at an event in Owensboro.

I guess Steve forgot about those pardons.

[Steve Magruder]

Fletcher needs to resign and turn it over to Mr. Pence.

That's all I have to say.

Perhaps Pence will be a responsible governor who respects the law and the state constitution.

Yes, I'm now referring to Fletcher in the past tense. This authoritarian assclown is outta there. And there's no debate on this. If he's not gone soon, he will be triggering major conflict in this state.

[blogbart]

He's been charged with conspiracy?!?

Huh?

You mean a Republican Governor believes 911 was an inside job too??

Whoa!

[Wyatt]

The Governor said: "I have a clear conscience." The problem is-he has no conscience.

[blogbart]

He's been charged with conspiracy?!?

Huh?

You mean a Republican Governor believes 911 was an inside job too??

Whoa!

Sam Beverage went to work for Hinkle Contracting, one of the largest Highway Contractors, after he left the Transportation Cabinet. I am not sure if he waited the correct amount of time as accorded by law but thats where he is. He is a project manager over a job in rural Pulaski County on Lake Cumberland, not the Wolf Creek Dam. This is a very good place for him to hide for a while but might be back at the Transportation Cabinet the next administration. The contractors "really liked Sam"

Big change from running the Cabinet to building a subdivision.

He just needed a place to be for a while then he will be back,,,,,,,,,,,,, after he is pardoned of course and the Dems are back in for the next 40 years or longer.

[t nt]

Fletcher's disgrace really knows no limit. Last year a Meade County magistrate died accidentally, his wife applied for the right to finish out his term, to continue his vision in an act of respect, etc.
Most any governor worth his salt would have signed her up, just as a gesture at least. Not Ernie, instead, Fletcher appointed the republican party chair who happened to live in the same 4 th district. The replacement repug-lican even went on record stating that the deceased magistrates wife was too dispondent and upset and didnt bother to ask to take the job(lie); stating that a repub would have connections in frankfort, to get more things for Meade County(which was bs, considering Fletcher appointed no Meade Countians to the BRAC committee, even though BRAC affects Meade County more than any other incidentally, its a 70% democratic county). All this occured, at the same time he was giving pardons to his staff. In small, rural inconsequential Meade County he couldnt resist one more display of what he denied to habituate...sick, what a great Christian he is.

He will not leave before his term is up.

I just tuned in that WHAS show, catching just the last bit of Mark's appearance.

A Fletcher defender asked what other crimes carry the same penalty as those with which Fletcher was charged. The host did not know.

Maybe it's time to answer that, and refute the Fletcher defenders' claims that the crimes with which Fletcher and others were charged are minor and unimportant.

Crimes with the same sentences as those faced by Fletcher and his pardoned flunkies include:

Theft under $300

Attempted theft of any value over $300

Joyriding in a stolen vehicle

Assaulting someone (without a weapon or damaging an organ)

Driving drunk, third offense (after getting two other DUI convictions in the past 5 years)

Attempted identity theft

Attempted fraudulent use of a credit card

Wanton endangerment 2nd degree (creating a substantial danger of injury to another person)

Sexual abuse 2nd degree (subjecting someone who is retarded, or under age 14, or a foster child, or an inmate if you are a corrections employee, to sexual contact)

Indecent exposure of one's genitals to someone under age 18, second offense (first offense is a less serious offense than what Fletcher is charged with doing)

Possession of burglar's tools with the intent to commit a burglary or help someone else do so

Criminal trespass 1st degree - entering someone's home without permission

Criminal mischief 2nd degree - destroying or damaging someone else's property to the tune of between $500 and $1,000 of damage or destruction

Attempted Burglary 3rd

Some forgery offenses

Fraud in insolvency

Filing a false police or fire report

Impersonating a public servant

Advancing or profiting from unlawful gambling

Distribution of obscene materials to minors

Using minors to distribute obscene materials

Voyeurism

Endangering the welfare of a minor

Inducing a minor to commit a crime

Bail jumping on a misdemeanor case

Perjury 2nd degree

Attempting to bribe a juror

Attempting to bribe or tamper with a witness

Resisting arrest

Carrying a concealed deadly weapon without a permit

Removing the serial number from a handgun

Possession of a handgun by a minor

Bringing certain types of contraband into a prison or jail

Fleeing or evading police (under most but not all circumstances)

Unlawful imprisonment 2nd degree

By contrast, several crimes are lesser than what Fletcher is charged with doing, including prostitution, public officials soliciting unlawful compensation and unauthorized practice of law.

So, it's fair to say that anyone who argues that the crimes for which Fletcher and his henchmen were indicted are only minor offenses either 1) thinks that all of the above crimes are minor offenses, 2) doesn't know what they are talking about, or 3) isn't being honest.

[kentondem]

He is damn sure guilty of " Impersonating a public servant".

Did you overlook noodling?

All this hatred will cave in on the Democrats. Democrats hate W and Republicans so much that they end up winning the meida wars but lose most elections. I see no end to this trend with these developments.