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The Lunacy of State Rep. Jon Draud (R) -- Candidate For State School Superintendent

Only in the past few days have I been able to check out some of the public statements that State Rep. Jon Draud (R) -- one of the four current "finalists" for state superintendent public schools -- has said over the years, and I'm more frightened than ever.

Aside from the clear odor of a sense of entitlement that emanated from today's Kentucky Post story -- when Draud whined about Gov.-elect Beshear's (D) preference in re-opening and broadening the search -- Draud has made a few comments that really deserve a little attention.

In May 2006, during the middle of the Fletcher Merit System scandal, Draud made this remarkable comment about the very wrongdoing that cost Fletcher's re-election:

"I don't want to trivialize any of this, but I've said it all along, to the victor goes the spoils," Draud said at the time. "Fletcher won that office, and he deserves to bring in some of his own people. The Democrats did it for years."

(As an aside -- beyond that scary rationalization for Fletcher breaking the law, one might ask why Draud isn't using that same logic as far as Gov.-elect Beshear (D) having some say over who is hired as the next state school superintendent?)

But there's more bits of wisdom from Draud that should concern us.

Back in 1999, Draud penned an op-ed in the Kentucky Post blaming the First Amendment for the problem of violence in schools, further compounded by the lack of God in our public schools, and went as far as to "demand that our judges stop the media industry from brainwashing our society with violence and indecent conduct said we should demand that judges."

Here are some excerpts (thanks to a reader for pointing this out):

Pendulum swings too far in protecting individual rights
Guest column by Jon Draud

I would like to focus on the First Amendment to our Constitution as one of the major reasons for the increased violence in our society and ultimately our schools.

...The major answer to the question, why did these tragedies occur in Columbine, Jonesboro, Paducah and other cities in our country, is that our culture has been changed by the entertainment industry under the protection of the First Amendment.

...Throughout my 36 years of education, I have observed teachers and school officials attempting to discipline students. The wearing of trench coats, army fatigues and other inappropriate behaviors were not permitted when most of us were students. You may ask, why don't teachers and school administrators stop this behavior? Because today students are protected as parents complain that you are violating their child's First Amendment rights of expression...

Furthermore, we have taken God out of our society and our schools. Our major institutions are afraid to teach values, while many parents have completely abdicated their responsibilities. Parents frequently do not teach their children about God and traditional American values, and schools are forbidden to do so by our court system. Our political leaders are often terrible role models for our children who view their inappropriate behavior in office. Then there are the adults who do weird and unacceptable things, write books about them, and reap huge economic benefits. We glorify the villains and minimize the accomplishments of our heroes. Is it any wonder, we have a lost generation of teens who are turning violent?

Yes, it is important that in a free society that free speech for our citizens is protected. However, it is my position that we cannot allow the entertainment industry to destroy our great country. The entertainment business under the auspices of the First Amendment has created a new culture for us - a culture of violence protected by the First Amendment...

Can we save our great Republic? What can we do to put the brakes on this trip to social chaos? We can pass laws to have police officers for schools, require metal detectors and other security measures. We can require our teachers to teach conflict-resolution skills and to develop skills to identify emotionally disturbed young people. We can demand that our judges stop the media industry from brainwashing our society with violence and indecent conduct. We can do it. However, it will take a strong will of our citizens to relieve the destruction of our culture. The question is, ''Do we have the commitment?''

This is the man that might lead Kentucky's public schools? Frightening...

How Widespread Is This Latest Fletcher Fraud?

Last week, a reader contacted me about an official letter she received from Governor Fletcher (R) on official stationary. It began:

There's just one problem. She never contacted Fletcher with any such issue, and the only time she ever wrote to Fletcher was to complain about an event nearly two years ago. Period.

Interestingly, this letter was dated October 22, 2007, conveniently the day before Fletcher rolled-out his attack on Steve Beshear (D) on illegal immigration as he desperately tried to insert that wedge issue into the campaign in hopes of saving his political career. The letter was postmarked on October 24, the day that Fletcher's attack hit the newspapers.

So, if Fletcher sent this reader an unsolicited letter on this day on the taxpayers' dime when she never contacted him about this issue, one has to wonder how many more official letters were sent out at Fletcher's request to other unsuspecting voters to coincide with his attack on illegal immigration, which were conveniently paid for with taxpayer funds?

If this was widespread -- and frankly it's hard not to believe it was -- this could have some serious legal repercussions as an illegal contribution to his campaign, not to mention the misappropriation of public funds.

Hello, media?

Click the images below to see the actual letter.

P.S. -- If anyone else has received such a letter, please confidentially contact me at mark@bluegrassreport.org.

A Week To Go And Fletcher Still Lies About His Administration's Corruption And Law-Breaking

You'd think that with a week until the elections and polls showing him down 23 and 24 points, that Governor Fletcher (R) might try to salvage a molecule of integrity (if any remain) and stop lying about his administration's corruption and law-breaking, especially those parts of it that have been well-documented by evidence.

But then if Fletcher thought that way, he might not be looking a record-breaking loss on Tuesday.

Fletcher's Comment On 'Hit List' Promotions Wrong, Records Show
By Tom Loftus, The Courier-Journal

FRANKFORT, Ky. -- During a debate Monday night, Gov. Ernie Fletcher said the so-called "hit list" that surfaced during the investigation of his administration's hiring practices was actually "more of a promotion list."

"More people were promoted that were on the list," said Fletcher, a Republican. But a review of state personnel records shows that's not so.

The list, drawn up inside the Transportation Cabinet on April 18, 2005, named 23 individuals to be fired or transferred. Three were fired; a fourth was removed from a non-merit-system post but was able to revert to a merit-system job. Three were promoted.

Among the others, nine retired or resigned, and seven remain in state government but have not received promotions.

[...]

It listed the names of nine people who had already been fired or transferred, and then the 23 "pending actions."

Along with each name is the person's Democratic credentials, including any contributions made to Fletcher's 2003 opponent, Ben Chandler, now 6th District congressman.

The list recommends that nine on the list be fired, and that others be transferred.

New Radio Asks Fletcher "What Is The Unvarnished Truth About You And The 5th Amendment?"

Working Families for Kentucky has just launched its third radio ad that will be running this week across western Kentucky.

While the first two ads (here and here) focused on ethics and questioned Governor Fletcher's (R) constant implication that he is God's chosen candidate, this ad raising the issue of Fletcher's truthfulness and asks the simply question "Governor, what is the unvarnished truth about you and the 5th Amendment"?

Good stuff.

Download WORKING_FAMILIES_FOR_KENTUCKY_WHAT_IS_THE_TRUTH.mp3

Nothing More Needs To Be Said...

In an AP profile on the Republicans' frighteningly fanatical nominee for attorney general -- Stan Lee (R) -- the equally scary State Rep. Joe Fischer (R) offered one sentence that says all we need to know about what life would be like with Lee as the state's top law-enforcement officer:

Fischer said Lee would be an outstanding attorney general.

"If he believes that the state law is constitutional, he will defend it without hesitation, whether he liked the law or not," Fischer said.

"If he believes"? Hmmm. I didn't realize that the attorney general was given that sort of discretion when it came to doing his job.

Frankly, nothing more needs to be said. That said more about Lee than anything I could ever offer.

RGA Admits Footage Used Was Fletcher's

Mark Hebert has an important update in yesterday's post showing illegal coordination between the RGA and the Fletcher campaign:

UPDATE: Chris Schrimpf from the RGA says the video belongs to the Fred Davis Group which is working on Fletcher's campaign as well as the RGA's work in Louisiana. Schrimpf says the video may be used in any other campaigns in which Davis is involved across the U.S. In other words, Fletcher's campaign didn't shoot the video and hand it over to the RGA. That would be collusion.

Crucial is the admission that the footage was owned by Davis which appears to have been shot in Kentucky, not some generic stock footage. As such, it's not Davis who owns it but the campaign which paid for the production...in this case Fletcher's campaign.

As a result, Hebert's conclusion is incorrect. Davis is Fletcher's agent and any coordination between the Fletcher campaign and the RGA would be illegal. The fact that Davis handed over (or sold) the footage to the entity which has been running independent ads on Fletcher's behalf just isn't going to fly. This appears to be a real problem for both RGA and Fletcher.

The belief that they could get away with Davis working for both Fletcher and RGA at the same time is simply breathtaking.

Can You Say "Illegal Coordination"?

Not to disrupt Governor Fletcher's (R) painfully desperate effort to spin the Kentucky Central matter into some fictional evidence of wrongdoing, but let's. How about we take a moment to examine some real law-breaking when it comes to illegal coordination between the Fletcher campaign and the Republican Governors Association (RGA) in the current campaign, not something that happened 12 years ago?

As we discussed last month, the Kentucky Democratic Party filed a formal campaign finance complaint alleging in detail that illegal coordination took place between the Fletcher campaign and the RGA. Predictably, the RGA dismissed the complaint as "frivolous". But we also found out at the same time that Fletcher's media consultant, Fred Davis, is doing the RGA's ads in the Louisiana governor's race, while the RGA runs its supposed independent ads in Kentucky. How cleverly illegal.

But it gets better.

Would you like a smoking gun of illegal coordination between Fletcher and the RGA for your lunch? Would you like that?

Okay, here's a screen capture from a recent RGA ad in Louisiana for gubernatorial candidate Bobby Jindal (R):

And here's one from Governor Fletcher's (R) primary campaign ads:

Aside from this being the same boy, you can see that the girl to his left is the same, as is the colorful piping on the wall behind him. Also, if you look to the right of the little girl in the Jindal ad you'll see a "I Love UK" drawing on the wall. A UK drawing in a Louisiana ad?

Additionally, the teacher is also the same in both ads, but you can look at that for yourself.

So, how about a little investigative journalism from the Kentucky press corps on whether Fletcher is presently violating campaign finance laws in this race by ILLEGALLY coordinating with RGA? Is that why they've gone AWOL since the complaint was filed?

Would that be too much to ask?

P.S. -- How deliciously ironic is it that UK is playing #1 ranked LSU in football this weekend while Jindal is running education ads in LSU country with a "I Love UK" drawing on his classroom's wall...

UPDATE #1 (2:19 PM): Just in case they try to take down their ads from You Tube, here are the screen captures of the same teacher from the ads:

RGA/Jindal:

Fletcher:

There seems to be two enormous problems here:

1. How can the RGA use Fletcher's media consultant to produce its Louisiana ads when the RGA and Fletcher/Davis aren't allow to communicate because of the RGA independent expenditures in Kentucky for Fletcher;
                  
2. How can RGA purchase footage from an entity it can't coordinate with in the first place?

The Rank Hypocrisy Of Stan Lee, The Republicans' Fanatical Nominee For Attorney General

Hypocrisy doesn't get much worse than this.

We all know how State Rep. Stan Lee (R) -- the Republicans' frighteningly fanatical nominee for attorney general -- is one of the biggest public backers of fetal homicide legislation in the legislature, which passed legislation a few years ago that allows the state to charge an individual with a separate crime for terminating a fetus during the commission of an act that injures or kills a pregnant woman. (In fact, this is one issue where I actually agree with Lee, since I view the abortion debate as being an issue of the woman's choice, not someone else's killing of her fetus).

But what's so shameful is how Lee can't seem to practice what he preaches.

I'm sure most of you remember the tragic accident in a Lexington parking garage in 2006 when a concrete panel fell on top of Stephanie Hufnagel, killing her and her eight-month old fetus, Sydney. Later that year, a lawsuit was filed by Hufnagel's spouse, Brian, for damages. Among them was a claim for damages involving the "loss of his minor unborn child."

Well, it turns out that Lee is the lawyer for the insurance company of one of the defendants, and is now fighting tooth-and-nail that Mr. Hufnagel should not be able to recover damages for the loss of the unborn fetus.

How convenient, isn't that?

So much for Lee's principled rhetoric. Apparently they're disposable principles when they conflict with his ability to earn more income representing insurance companies trying to deny appropriate compensation for injuries.

Shame, shame, shame.

Where's The Beef? (Courier-Journal Editorial)

An excellent Courier-Journal editorial on Governor Fletcher's (R) desperation in clinging to the Kentucky Central non-story:

Where's the beef?
Courier-Journal Editorial

Voters may safely ignore the Kentucky Central issue, with which the desperate re-election campaign of Gov. Ernie Fletcher will try to weaken the broad and deep support that polls are showing for his opponent, Steve Beshear.

There's no "there" there.

You will see Fletcher TV commercials on this subject, but they will be full of sound and fury, signifying nothing.

[...]

What they won't tell you is that the report was written without hearing from the principal witnesses. Nor will they tell you that the special master, to whom the flawed report was submitted -- highly respected Judge Richard Revell, a Republican and a Fletcher campaign contributor -- concluded: "…There was no ethics violation by Stites & Harbison." The judge said, "Steve Beshear and others at Stites & Harbison were off the case for a while, but I recommended they come back on. I even ended up recommending an increased rate of $10 or $15 an hour" for the firm's services.

The report on which the Fletcher ads are based is nothing more than an off-sides call that was reversed after review by the referee.

[...]

Before he drags up and misrepresents old news, Gov. Fletcher should explain the more recent headlines, in which he and others were indicted, after which he pardoned his co-conspirators, pleaded the Fifth Amendment to avoid testifying and made a deal with Attorney General Greg Stumbo to avoid prosecution, while at the same time condemning Mr. Stumbo and declaring the grand jury investigation a witch hunt.

As campaign ammunition, Kentucky Central is no cannonball. It's a dud.

If The Kentucky Bar Association Really Cared About Its Rules Of Professional Conduct (Calling Ted Jackson)

If those running the Kentucky Bar Association really cared about its Rules of Professional Conduct, it would commence action against the repeated comments by two of its members: Larry Forgy and Jessamine County Attorney Brian Goettl for their offensive and shameful accusations against a former judge of actions which constitute bribery and criminal conspiracy, without any offering of evidence whatsoever.

The Rules of Profession Conduct spell out a number of rules concerning "maintaining the integrity of the profession" including:

SCR 3.130(8.2) Judicial and legal officials
(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

As I'm sure you heard, Forgy against showed how unfit he is to serve in any position of trust with his truly shameful, desperate and outlandish accusations this past weekend concerning the manufactured Kentucky Central story. (Click here to read Forgy's outrageous comments).

As an actual prosecutor -- considered a "Minister of Justice" for the purposes of bar rules -- Brian Goettl is held to an even higher standard of professional conduct when it comes to his public statements about the court. Yet, Goettl has repeatedly made allegations that former Judge William Graham accepted "hush money" and that he ordered a "cover-up" of the Kentucky Central report. Sadly, Goettl never offers a shred of evidence that criminal wrongdoing took place other than what his vivid imagination as a desperately loyal backer of Governor Fletcher (R) is able to conjure-up.

The Supreme Court also offered this commentary about persons like Goettl -- attorneys who hold public office:

Lawyers holding public office assume legal responsibilities going beyond those of other citizens.

Here are a few of the many examples of the Jessamine County Attorney Brian Goettl's disturbing rants:

Posted By:Brian Goettl @ 9/25/2007 6:56:00 PM

It is clear that Steve Beshear is selectively recalling events that fit his campaign spin while ignoring the evidence of his actions, payment of hush money, and cover up of the report of his actions.

Brian Goettl @ 9/22/2007 1:43:00 PM

Beshear's firm wants to review secret report before it is made public 

In an odd turn of events, Steve Beshear's law firm, Stites and Harbison, has asked a Franklin Circuit court to be allowed to review a secret report, that was covered up by Beshear campaign adviser William Grahm back in 1995 while Beshear was running for public office, before it is made public . The request is unusual because Stites and Harbison paid $101934.80 for the investigation into their ethics, but then never reviewed the investigation's report.

Brian Goettl @ 9/22/2007 1:21:00 PM

Steve Beshear: "I don't remember" 
In answering reporters questions about a secret ethics report that was ordered covered up by Beshear campaign adviser William Grahm

Brian Goettl @ 9/18/2007 6:27:00 PM

None, mentioned the secret investigation ordered by Judge William Grahm into Beshear's work for Kentucky Central and subsequent cover-up by Judge Grahm of the investigation .

Seems to me that both Goettl and Forgy are begging for bar association ethics complaints to be filed against each of them.

P.S. -- This might be the perfect opportunity for a McConnell Republican to step-up and file an ethics complaint and let Forgy and Goettl know that their conduct and behavior is not acceptable for a member of the Republican Party -- particularly given all the trash both have heaved at McConnell, Anne Northup, Steve Pence and others within the Kentucky GOP over the past year. Maybe Ted Jackson has some ideas...

Demoted Worker Due 10% Raise And Apology In Settlement Of Case (Glasser, State-Journal)

The chickens are coming home to roost for the Fletcher criminals, and not a moment too soon:

Demoted Worker Due 10% Raise And Apology In Settlement Of Case
By PAUL GLASSER, State-Journal

A highway district manager will receive a letter of apology and a 10 percent pay raise as part of a settlement in a personnel case related to the Merit System investigation.

Terry McKinney, of Kuttawa, said he was forced to take an involuntary transfer and demotion in February 2005 because of alleged political discrimination. According to his appeal, McKinney said superiors questioned him about his political activity in July and August of 2004.

McKinney said he had not attended any partisan events or donated to any candidates in 2003 or 2004. In February 2005, McKinney said a personnel administrator told him the new Republican administration of Gov. Ernie Fletcher wanted to put "their own people" in state jobs.

McKinney said he was pressured into taking the demotion although his annual salary of $76,800 was not affected.

"I felt I had no option," McKinney wrote. "The involuntary transfer was obtained by use of fraud, duress and coercion in the pursuit of an illegal purpose, that being to punish me for my political views."

He is a Democrat and former Lyon County judge-executive. The transfer moved him 85 miles from Madisonville to Paducah. The vacant position was never filled. 

Off Topic: New Books On The U.S. Supreme Court

Knowing how many lawyers and law students visit BGR, I wanted to recommend a couple of excellent books that I've read/been reading that offer an engaging inside look at the current U.S. Supreme Court: Jeffrey Toobin's The Nine: Inside The Secret World of the Supreme Court and Jan Crawford Greenburg's Supreme Conflict: The Inside Story of the Struggle For Control of the United States Supreme Court.

I finished Greenburg's book last month and am now in the middle of Toobin's. Both are fascinating reads and I recommend each of the them. Greenburg's book get a little more "in the weeds" about what goes on inside the Court, but she managed to interview each of the nine justices and even gets Sandra Day O'Connor on-the-record.

Greenburg also provides a lot of inside scoop from the conservative perspective on Thomas, Scalia, Roberts and Alito. I don't know whether she's a Republican or simply has good sources among them, but you get a healthy dose of that perspective (for instance, she paints a picture of a very independent Clarence Thomas, who is depicted as a leader among the conservatives, not the Scalia follower as is often portrayed). But that is not a criticism of the book, which I think is well-balanced and a good read.

Toobin's book (which I'm still reading), is more entertaining and probably a better read for non-lawyers, or those not interested in the minute machinations of the Court. While Greenburg's book is more about the politics within the Court, Toobin's seem to focus (so far) with the politics of the Court and the personalities of the justices. Toobin also gives Bush v. Gore a good deal of space while Greenburg only makes passing reference to it.

Simplistically, I'd equate Toobin's style as more Bob Woodward-esque in painting a big-picture narrative while Greenburg highlights more the nuts and bolts of the workings of the Court and the struggles over nominees, and their confirmation, from within the White House over the years. When you read the books, you can quickly tell which author writes for The New Yorker (Toobin) and which one is an ABC News correspondent (Greenburg).

In any event, both are terrific reads and thought you might want to check them out next time you're at the bookstore or browsing Amazon.com.

Finally, there are a few reviews of Toobin's book that reference/compare it to Greenburg's that are worth reading -- here, here and here.

Part 2 On The Failure Of The Kentucky Media

In follow-up to my post this morning about the abysmal coverage of the governor's race by Kentucky's media, I wanted to add one item about the Republican mouthpiece also known as the Paducah Sun (thanks to a reader's comment that jogged my memory).

While I usually reserve my criticism of the Paducah Sun's to the lunacy of its editorial board, and not reporters like Bill Bartleman who I generally like and respect, I was rather offended by Bartleman's Sunday column where he offered this disturbing nugget:

The investigation appeared politically motivated since it was run by Attorney General Greg Stumbo, a politically ambitious Democrat. Stumbo never turned up a smoking gun of major corruption but found hiring law violations that were the equivalent of indicting someone for doing 10 mph over the speed limit on an interstate.

Aside from the offensive characterization by Bartleman of the three political corruption charges brought by a grand jury against Fletcher, I was even more offended by Bartleman's own hypocritical double-talk concerning gubernatorial corruption.

Here's what Bartleman wrote four years ago when assessing then Governor Patton's (D) legal troubles and the pardoning of his aides:

Now, even hard-nosed Democrats acknowledge that Patton has been an embarrassment to the state because of questions about his ethical and moral integrity, his arrogance and indications he abused the powers of his office.

...Patton said the pardons were deserved because they were "honest, honorable men who would not knowingly violate the law" and that they had endured enough suffering. He believes a jury would have found them not guilty.

I'm sure there are hundreds of people charged with crimes in Kentucky who feel they are "honest and honorable," that they did not knowingly violate the law, and that they have endured enough suffering. I hope Patton isn't considering granting them pardons.

...Larry Forgy, who lost to Patton in 1995, offered a suggestion as to why Patton took the unusual step of issuing pardons, especially for Martin, his chief of staff.

"I predicted that he would do this because Skipper knows so much on him that he (Patton) either had to pardon him or drown him," Forgy told The Courier-Journal in Louisville. "You don't pardon innocent men."

Forgy makes a good point. Martin, Patton's chief political sidekick for 10 years, knows more about Patton and his administration than anyone else. Martin has the key to the skeleton closet.

That's quite a change of heart, isn't it?

But maybe even more offensive has been the shameless flip-flops by the Paducah Sun's editorial page.

While they are pom-pom wearing Fletcher cheerleaders today, and heave steady doses of vitriol on Attorney General Stumbo (D) for having the audacity of bringing charges against the governor, here's what they said in 2003 concerning Patton's legal problems:

Then the governor intervened and, exercising the broad pardon powers of his office, short-circuited the judicial process. By issuing pardons before the case even came to trial, Patton prevented a jury — and, in effect, the people of the commonwealth — from judging whether the law was deeply flawed and whether Martin, Ross, Fields and Winstead undermined the integrity of the election.

...But the law still stands, and the governor should respect it, even if he disagrees with it. By pardoning the four men before they were brought to trial, Patton has further undermined public respect for the rule of law.

...As the Democratic nominee in the governor's race, Chandler may have had political motivations for pursuing the case against the scandal-scarred governor's aides. But the law is the law, and Patton, ironically, has been one of its strongest defenders.

...The pardons appear to serve Patton's personal legal interests — not principles of importance to all Kentuckians. Forgy reflected the pervasive cynicism surrounding the Patton administration when he told the Courier-Journal, "I predicted he would do this (pardon Martin and the other indicted officials) because Skipper knows so much on him that he either had to pardon him or drown him."

It doesn't get much more offensive than this.

Can you believe they even argued in 2003 that "the law is the law"?

Yes Virginia, Another Terrible Miscalculation By Governor Fletcher (R)

If the anti-gaming theme wasn't enough of an awful strategic move by Governor Fletcher (R) and the B-Team advising him, here's one more item that terribly undercuts another Fletcher theme: that he was simply the victim of a political witch-hunt by an opportunistic attorney general:

A large plurality of Kentuckians approve of the job Attorney General Greg Stumbo has done in office, according to the latest Courier-Journal Bluegrass Poll.

The poll found that 47 percent of those surveyed approve of Stumbo’s performance, while 26 percent disapprove. More than 27 percent said they had no opinion.

Seems that the public isn't buying Fletcher's efforts to paint Stumbo as the bad guy. They've come to realize that Fletcher is simply a corrupt governor and he's trying to find a scapegoat instead of accepting responsibility for his criminal conduct.

Stated another way, 74% of Kentuckians expressed no problem with Stumbo's performance.

Delusion Sets In For The Fletcher Criminals

The sense of desperation and delusion coming from the Fletcher peons is getting amusing. Here's what the man who topped the list of unindicted co-conspirators -- Chief of Staff Stan Cave -- had to say in today's State Journal story:

Although several polls show Beshear with a significant lead over Fletcher, Cave said the dark days are over. Cave blamed the adversity the governor has faced on political enemies who are opposed to change and fomented "political shenanigans."

"We feel the excitement building," Cave said. "We need to finish what we started and change the state for the better for the foreseeable future."

And then Cave reveals his true idiocy:

Cave suggested Beshear's role in the collapse of Kentucky Central Life Insurance could provide additional ammunition for the campaign. Beshear's law firm represented both the company during bankruptcy protection hearings in 1993 and a Louisville bank that was involved in the settlement, raising allegations of a conflict of interest.

"If I had that kind of baggage I wouldn't run for governor," Cave said.

"That kind of baggage"? From the man who counseled one of the more corrupt governors in Kentucky history, who pardoned his entire administration, took the 5th Amendment, appointed campaign contributors to the Supreme Court to hear his own case, and then signed a document acknowledging wrongdoing. Astounding.

Meanwhile, lawyers representing the state are now trying to block to release of the Kentucky Central report that Fletcer/Cave tout as evidence of something (we don't really know what they're alleging because their attacks no longer make any sense).

Noteworthy is that Cave said this at a Franklin County Republican Party gathering and this is what he heard in return...from his own peeps:

Campaign volunteer Brenda Rice said polls indicate the message is not connecting with voters. After talking with campaign staffers, she said they promised to attack Beshear on other issues.

[...]

Despite the adversity, Cave said Fletcher is a man of integrity. However, Ida Palmer-Ball said she was offended by a piece of campaign literature that included a digitally altered photo of Beshear. Beshear's head appeared on the body of a Las Vegas gambler holding an alcoholic beverage.

"I was ashamed to be a Republican," Palmer-Ball said.

Cave said the photo was produced by the Republican Party of Kentucky and was intended to be funny.

Even stalwart Republicans aren't buying what Fletcher and Cave are trying to sell.

And how pathetic is it that after four years in office they don't have a record to run on and are asking how to "attack Beshear on other issues" as discussed in the story? They've got nothing left other than smears. Nothing.

What a bunch of delusional fools.

Good riddance to them and their criminality.

P.S. -- For old times' sake, click jump-link below...

Lawyers For Fletcher Administration Now Arguing That Judge SHOULD NOT Release KY Central Confidential Report To The Media

According the Herald-Leader, lawyers for the Fletcher Administration's Office of Insurance (also the liquidator for Kentucky Central) is now arguing that the much ballyhooed and speculated about report -- the one that Fletcher's desperate supporters have been hyperventilating about -- SHOULD NOT be released to the media after all, citing confidentiality concerns:

Jill Endicott -- an attorney for the current liquidator of Kentucky Central Julie McPeak, who is the executive director of the office of insurance -- however, argued that the newspapers don't have the right to intervene in the case or ask for the document, which could be considered private under attorney-client privilege.

So, which is it? Governor Fletcher (R) can't have it both ways. While we all know this is just another last-gasp effort by an incumbent governor on the verge of a catastrophic and career-ending 20-point loss, this sure does undercut their hopeless supporters' efforts to nonetheless paint this as Steve Beshear (D) trying to cover-up some ancient and irrelevant legal report.

What a bunch of hopeless incompetents. They can't even do this correctly.

Keep in mind that Beshear has never had any objects to the report becoming public. And despite its hit piece on Beshear, even the Herald-Leader had to qualify whether the report itself is even relevant:

Beshear, now the Democratic candidate for governor, was one of Stites & Harbison's top lawyers on the Kentucky Central case, although it remains unclear whether he was a subject of or even mentioned in the secret investigation report.

How About Some "Three Card Ernie" To Start The Week

As we get closer and closer to the November 6th election, it's remarkable just how mealy mouthed Governor Fletcher (R) has become, particularly on the issue of which corporations and state contractors have given to his private legal defense fund.

I want to highlight a particularly painful parsing that Fletcher told the media following a Northern Kentucky event last week when asked whether any contributors to his legal fund are doing business with the state:

"The people that I'll accept donations from, at least up to this point, are not doing business with the state," Fletcher said after participating in an economic development announcement in Kenton County. "If anybody wants to see the people that have donated, all they have to do is look at my donors in the primary; they're there."

The thing that jumps out is his carefully worded "at least up to this point" comment.

Seems to me that Fletcher just telegraphed that he's waiting until after the election before actually taking money from state contractors? It's so disappointing that the media isn't hitting Fletcher hard for this pathetic shell game and pressing him for his clear refusal to offer a direct and clear statement, rather than the tortured mangling of the English language that he offered us last week at the KET debate (click here).

However, regardless of when Fletcher takes their dirty money, the concern is whether a quid pro quo exists is what angers the public. Whether Fletcher is playing some game with his state contractor cronies, asking them to wait until after November before tendering their checks, isn't any solace whatsoever. In fact, it's even more offensive that he'd be that much more dishonest about this important issue.

Of course, the easiest explanation for all this is that Fletcher is simply lying to us, again. But as I wrote last week, we're going to have long memories if we find out he lied.

State Alcohol Czar Arrested On DUI Charges (AP)

A number of readers have e-mailed me the story (which has now been picked-up nationally), about the arrest of the executive director of Kentucky's Alcoholic Beverage Control, Chris Lilly, on a drunken driving charge this weekend in Jessamine County.

While it's another black mark on the Fletcher Administration, I'm not inclined to bash Lilly. It seems he plans to do the appropriate thing and resign.

According to WLEX-TV (Lexington):

Our cameras caught up with Lilly as he walked out of the Jessamine county jail. When asked by LEX 18 News reporter Chris Lupien if he had any comment, Lilly slammed the passenger door and was driven away in a red Volkswagen Beetle. Later, a spokesperson from the state told LEX 18 News that Lilly had apologized and plans to submit his resignation.

My feeling is that we're human and make mistakes. For me, the larger issue is how we deal with them and whether we own-up to our actions, accept responsibility, and do the right thing in rectifying things -- especially those in the public arena.

Unlike Governor Fletcher (R) who to this date has never accepted any measure of responsibility for his criminality and points the finger at everyone but himself, at least Lilly recognizes staying on as ABC director isn't tenable and he's moving on, not to mention the criminal consequences of his action.

That's enough for me. Thankfully no one was injured and let's hope Lilly learns from his costly mistake. No sense in piling on here.

Bluegrass Freedom Launches 2nd Television Ad On Governor Fletcher's (R) Ethics (Or Lack Thereof)

Another excellent ad from the Bluegrass Freedom Fund on Governor Fletcher's (R) ethics. These are terrific, fact-driven ads and not the over-the-top attacks that the public has come to loathe during an election season (and from which we're seeing from the Republican Governors Association).

UPDATE (10:29 AM):  Click here if you'd like to see the formal back-up documentation for this ad.

Steve Beshear (D) & Lt. Governor Pence (R) On Same Page Regarding Fletcher's Criminal Conduct

I found this exchange is last night's debate very revealing:

"That's not true," Fletcher said after Beshear called the agreement with Stumbo a "plea bargain."

Talking over Fletcher, Beshear responded, "People understand that you were indicted. That's true, right? You took the Fifth Amendment. That's true isn't it? You had to enter into an agreement with the attorney general. … That's all true."

If Steve Beshear's (D) words sound familiar that's because Governor Fletcher's (R) own 2003 running mate -- Lt. Governor Steve Pence (R) -- made the very same point a few months ago:

"But the facts are what they are. The fact is the pardons happened. The fact is he did take the Fifth (Amendment before a grand jury). The fact is he was indicted. The fact is he does have a legal defense fund. The fact is he said we were going to get to the unvarnished truth, but we didn't."

Yep, those are the facts...

UPDATE (11:23 AM): While Fletcher continues to whine in the C-J story above that he didn't enter into a "plea deal" turns out that UK College Republicans Chairman Thomas Roberts wholly disagrees and said so in an op-ed in today's Kentucky Kernel:

After all of the effort Stumbo put in and after all of the tax dollars he wasted, the best he could get out of it was a plea deal.

Even college Republicans don't buy Fletcher's painful excuses for his criminality.

Why Did Alessi Bury The Lede And Then Not Reveal That A Fletcher-Appointee Provided Him Records?

The more I re-read Ryan Alessi's hit piece on Steve Beshear (D), the more questions it raises.

While the entire piece is anchored to an alleged investigation that took place about legal advice Beshear's law firm gave to the Bank of Louisville, it's not until sixth paragraph before you learn that the advice in question wasn't Beshear's:

Beshear, who stepped down as the managing partner of the firm's Lexington office to run for governor, was one of the lead Stites & Harbison attorneys on the Kentucky Central case. But he wasn't the attorney who offered that advice to the Bank of Louisville.

Anyone else troubled by that?

Secondly, focus on the next passage, contained in the seventh and eighth paragraphs:

The investigation into Stites & Harbison, ordered by state regulators and approved by a judge, has never been publicly disclosed. A report containing the investigation's findings or recommendations remains under wraps if it still exists at all.

The investigation's existence was revealed in documents made available by current Kentucky Central liquidator Julie McPeak in response to a request by the Herald-Leader.

Not only is there no evidence of a report, but it is noteworthy that Alessi omits Julie McPeak's formal title -- Executive Director of Governor Fletcher's Office of Insurance -- a position she was appointed to by Fletcher barely a year ago. Click here for the press release of her appointment last year. Got that? She's a post-scandal/post-pardon/post-Steve-Pence-bails-on-Fletcher appointee. In essence, she's a loyal Fletcher soldier and has hitched her wagon to his re-election.

Also, isn't it interesting that the documents Fletcher-appointed-McPeak turns over to Alessi contain reference to an investigation that no one recalls, for which there is no known report, for an issue Beshear wasn't involved in, for which no lawsuit or complaint was ever brought, and for which Alessi can't get anyone on-the-record to corroborate? Though, that didn't stop the Herald-Leader from attaching the sensationalized headline -- "Beshear's law firm was focus of secret scrutiny" -- to the story.

And why didn't Alessi identify McPeak in her formal capacity as a Fletcher-appointee?  Seems like a significant oversight to me, especially considering that Alessi's second sentence raises the issue of how this matter may impact the governor's race.

This might be a perfect example of the old axiom "garbage in, garbage out."

I'll have more to say about this, and other media-related issues, later this evening or tomorrow morning. But I find this very troubling...

Herald-Leader Hit Piece On Beshear

If you haven't noticed, today's Herald-Leader has a story on Steve Beshear's (D) lawfirm's (Stites & Harbison) involvement in the Kentucky Central Life Insurance case that can only be described as a hit piece.

Let me make four quick points about Ryan Alessi's story.

1. The story dealt with actions that at worst would have constituted professional negligence by a lawfirm which could have resulted in a lawsuit. Of course, no lawsuit was filed.

Contrast that with the rampant criminality of the Fletcher administration in the conduct of their official duties which resulted in dozens of criminal indictments (including Governor Fletcher), blanket pardons and the governor refusing to testify before the grand jury and invoking his 5th Amendment right against self-incrimination.

2. Despite the fact that Alessi raises the matter in the context of the governor's race, nowhere is it disclosed that the main defendants at the center of the collapse -- the Webbs -- have given Fletcher-Rudolph thousands of dollars in contributions during this cycle.

3. The story also fails to mention one other important fact. The firm that succeeded Stites in handling the Kentucky Central matter -- Frost & Jacobs (later Frost Brown Todd) -- was ordered by a judge in 2000 "to pay the Webbs $500,000 because of inadequate legal representation and poor case preparation." No such finding was ever made against Stites. The story also doesn't mention that a separate legal investigation of Stites was conducted and that their findings did not result in either a law suit or legal actions against the firm. Odd that was left out.

Also, we know that Fletcher's own attorney is Sheryl Snyder, one of the top partners at Frost Brown Todd. Why is that relevant? Well, if Kentucky Central is going to be raised in the context of this race, let's be sure that all the connections to this case and the two candidates are disclosed, and not cherry-pick aspects of it.

4. The most salient point is the night-and-day difference between how Beshear has reacted to questions about his firm's handling of Kentucky Central and Fletcher's handling of the Merit System scandal.

Beshear wants everything out in the open. Fletcher wants no such thing.

Last week, when a