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And They Wonder Why They Can't Get Elected Statewide

Joe Gerth had this tidbit in the Courier-Journal's political blog:

At a campaign rally at the Kentucky Horse Park tonight in Lexington, Fletcher running mate Robbie Rudolph may have implied the Democratic ticket was gay when he asked the crowd, "Do you want a couple of San Francisco treats or do you want to reelect Gov. Ernie Fletcher?"

Attorney General candidate Stan Lee referred to Beshear and Mongiardo as "San Francisco treats" as well.

What's amazing to me is that Rudolph is such a political Neanderthal that he thinks such childish and bigoted comments are going to move any of those crucially needed Democrats and Independents to their side. But then Rudolph is about to be 0 for 2 since 2003 in trying to get the voters to elect him their lieutenant governor.

Meanwhile, we've long realized that Stan Lee is a political moron, so it's no big surprise that he thinks such a tactic is the preferred route towards getting elected. Like Rudolph, Lee will also remain winless in statewide elections.

Thank the good Lord for that.

Hobby?

It's just so hard to take anything Robbie Rudolph (R) says seriously:

By the time alarm clocks start going off in most homes around Kentucky, Robbie Rudolph is already on the job, pouring over the volumes of paperwork that cross his desk.

And when most workers are back home sitting down to dinner, he is still on the job...

"It is my hobby," he said.

Nevermind that Kentucky taxpayers are paying Rudolph $130,038 per year to do what he calls "his hobby."

What a first-rate blow-hard.

Rudolph: Campaign Has Been Very Competitive

Robbie Clueless:

Rudolph Pleased With The Support
By Greg Travis, Murray Ledger & Times

As election day approaches, Murray businessman Robbie Rudolph says the campaign for governor and lieutenant governor has, thus far, been very competitive.

Rudolph is running for the second seat with incumbent Republican Gov. Ernie Fletcher.

“We're down to the last three weeks before the finish line,” he said. “I've traveled every corner of the state. I'm still getting out in western Kentucky and seeing the people. The governor is doing the same thing in eastern Kentucky.”

He said the Fletcher-Rudolph ticket was getting a lot of support everywhere he goes.

I think it's about time for Rudolph to go back to selling tires...

Where's Robbie?

Last week, a prominent Republican insider e-mailed me the following about Governor Fletcher's (R) never-been-elected-to-anything running mate, Robbie Rudolph (R):

A good friend indicated Fletcher's campaign did some polling early on and found his [Robbie Rudolph's] unfavorables and unknowns worse than the Governor and they subsequently have put him on the sidelines to work on "strategy." 

A lot of people attending Governor Fundraisers are also reporting he's not attending, however before the primary he didn't miss a single one and some occasions spoke longer than the Governor. Is Robbie that bad, and will him being pulled from the race also means he won't be contributing big bucks?

The insight on Rudolph dovetailed very nicely with this finding in the poll conducted last week by the Herald-Leader/WTVQ:

Mongiardo, a state senator from Hazard who is running with Steve Beshear, enjoys a 53 percent favorable rating statewide, according to the Herald-Leader/Action News 36 Election Poll.

Rudolph, Gov. Ernie Fletcher’s running mate and his Cabinet secretary, has a 33 percent favorable rating in the poll.

[...]

Mongiardo’s strongest favorable ratings came in Jefferson County’s 3rd Congressional District. He amassed a 69 percent favorable rating in that district compared with only 18 percent for Rudolph.

...Mongiardo was slightly  more popular than Rudolph in the 1st Congressional District in far Western Kentucky, where Rudolph resides.

About 46 percent of the respondents said they think favorably of Mongiardo and 41 percent for Rudolph. In his home 5th District, Mongiardo had a 54 percent favorable rating compared with 31 percent for Rudolph.

In Central Kentucky’s 6th District, Mongiardo’s favorable rating was 59 percent, Rudolph’s 22 percent.

...and to think that Republicans passed-up the chance to have an Anne Northup/Jeff Hoover ticket instead of the one of the more unpopular and unimpressive Republican tickets imaginable.

Hey Robbie, It's Been A Year, Where Is That Support Or The Accomplishments You Promised?

Well, it's been more than a year since Robbie Rudolph (R) publicly predicted that Governor Fletcher's (R) support will return and then they could turn their focus to their "accomplishments".

Funny thing is that support has not returned and we're still all waiting for those "accomplishments". If any there are, they sure haven't been incorporated into the Fletcher-Rudolph advertising so far, as they're still stuck in fear-mongering mode and nothing else.

But nice try, Robbie, but the public seems to really dislike you and your running mate, in case you haven't noticed from the polls. Maybe someday you'll get elected to something, but it sure looks like you're going to be 0 for 2 in about 10 weeks.

Rudolph: Support Will Return
By Bill Bartleman (Paducah Sun)
Wednesday, July 26, 2006

Robbie Rudolph says the negative feelings that Kentuckians have about Gov. Ernie Fletcher will be erased after the probe into state hiring winds down and the focus turns to the accomplishments of his administration.

[...]

“Once we get past the investigation and begin talking about the accomplishments, the polls will change and people will come on board and support the governor,” Rudolph said.

“Hopefully, the media will begin focusing on the accomplishments, but if they don’t, we’ll have to depend on paid advertising to communicate with the voters.”

Robbie Rudolph Named As A Defendant In Sexual Harrassment Lawsuit

Earlier this year, you might recall some discussion about a Murray State University employee who had filed a federal lawsuit for sexual harassment and sought leave from the Court to amend her complaint to add lieutenant governor nominee Robbie Rudolph (R) as a named defendant.

Late last week, U.S. District Court Judge Thomas B. Russell did just that in the case of Annazette Fields v. E.W. Dennison, et al.

From the Plaintiff's First Amendment Complaint:

3. The Defendant, Robbie Rudolph, conspired with the Defendants, E. W. Dennison and James Butts, to effectuate the campaign of retaliation against the Plaintiff by written and other communications with the individual members of the Murray State University Board of Regents more particularly described in the Plaintiff’s original Complaint, for the purpose of discrediting, disparaging, embarrassing and humiliating the Plaintiff in her employment at Murray State University.

4. The retaliatory conduct of Defendant, Robbie Rudolph, with the other Defendants, resulted in a hostile work environment that negatively impacted the Plaintiff’s ability to work with members of the Murray State University administration and its Board of Regents, which conduct was of the type which may have dissuaded a reasonable worker from making or supporting a charge of discrimination.

5. The Defendant, Robbie Rudolph, conspired with the Defendants, E. W. Dennison, James Butts and C. M. Baker, and each with the other, to violate the Plaintiffs rights and to obstruct justice as prohibited by 42 U.S.C. § 1985(2), to violate the Plaintiff’s rights as secured by the Fourteenth Amendment to the United States Constitution, and to deprive her rights and privileges secured by 42 U.S.C. § 200e by the acts set forth herein and in the Complaint.

6. The Defendant, Robbie Rudolph, intentionally, maliciously and without regard to their falsity, published false statements concerning the Plaintiff which have caused the Plaintiff injury in her occupation, embarrassment and humiliation.

A sexual harassment complaint? Seems like serious allegations, especially considering the guy wants to be lieutenant governor...

Makes All The Sense In The World, If You Think Like The Fletcher-Rudolph Criminals...

There are those times in politics when events paint such a crystal clear picture of why certain things happen that little explanation or discussion is required. This is one them:

Marian Davis has submitted her resignation as commissioner of the Kentucky Department of Revenue to go to work for the state Republican Party.

This simple appointment puts so much into context. Word is that the Fletcher-Rudolph campaign has asked her to be the new executive director of the RPK.

Isn't it just a remarkable coincidence that the woman who ran what should be the least political agency in state government proves herself to be such a loyal Fletchie, well-known henchman (or woman) for his running mate Robbie Rudolph (R), and rabid Republican that she magically becomes ED of the Republican Party of Kentucky?

At least these criminals don't care whether we see right through their criminality. I'm going to enjoy to rest of this election cycle, very, very much...

So, Which Is It Robbie?

In light of yesterday's developments, I guess it's safe to assume that Robbie Rudolph (R) wasn't being truthful with Elisabeth Beardsley of the Courier-Journal last June when he pretty much claimed he didn't use e-mail and only loaned his buddy, E.W. Dennison, money but wasn't intending to fund his lawsuit against Murray State University?

From the federal sexual harassment lawsuit asking that Rudolph be added as a named defendant:

4. Transcripts of email communications between Dennison and Robbie Rudolph produced in the other action pending before this Court and appended to the February 13, 2006, deposition transcript, reveal the close contact between Dennison and Rudolph, making reference to the pending claims and their “plans.” One such email transcript from a transmission from Rudolph to Dennison is as follows:

Sorry that I was on the phone when you called. EW, it is going 24/7 now and tomorrow will not be any better. I have meetings tomorrow that will go very late until the night. Please, as we have discussed, send me by email what the plan is with the figures and all. I will study and then we can meet. Today would be best if you can do it. I am getting ready to go to a meeting in just a few minutes but somehow today I will be able to read what you send.

To which, Dennison responds:

We did have a big win last week. The court granted our request to move the case back to state court and have it tried in Western Kentucky. Gray and Harold are GOOD friends with Both of the judges down here. The university fought hard to keep this from happening. It will hurt pretty boy’s image down here more than it would in Frankfort and plus we will have a better chance of winning.

Harold, Gary and both the Frankfort lawyers all feel great about suing him for defamation in West Kentucky. Suing him personally and in West Kentucky will splash a bunch of mud up on his image. We get a win, Joe saves his job, we get our money back and more importantly we get the last laugh.

Let me know in the morning or today if you read this today if you want me to come up and I’ll be there Tuesday afternoon. If not we will try to do this electronically. It will not take long but there are some decisions that need to made this week.

What Rudolph told Beardsley last year:

STILL IN FLETCHER'S CORNER, ROBBIE RUDOLPH STEPS UP; The running mate
By Elizabeth Beardsley, The Courier-Journal (June 11, 2006, Page 1A)

E-mail discretion was also the subject of a pact Rudolph swore to the last time he ran for elective office as former Jefferson County Judge-Executive Rebecca Jackson's lieutenant governor candidate in 2003.

Last week he joined Gov. Ernie Fletcher's ticket as candidate for lieutenant governor in 2007 after Lt. Gov. Steve Pence said he wouldn't pair with Fletcher.

And Rudolph said in an interview with The Courier-Journal that nothing has changed in regard to his e-mail pledge with Jackson.

"I never will forget her saying this no offense she said if you don't want anything on the front page of The Courier-Journal, don't put it in an e-mail or say it," Rudolph recalled. "And so I tried to live by that."

[...]

MURRAY STATE
President says building project cut as retaliation

In February, Murray State University interim President Kern Alexander accused Rudolph of axing a science building project from Fletcher's budget in retaliation for the school's attempts to crack down on its troubled athletic department.

The former athletic director, E.W. Dennison, is a close friend of Rudolph's and is suing the school for alleged breach of contract. Rudolph lent Dennison $250,000 several days before he filed an amended version of the lawsuit in federal court.

Alexander declined to discuss Rudolph last week, citing the pending litigation.

"Robbie is financing the court case against the university, and I think any comments that I might make might be taken out of context with regard to their lawsuit," he said.

Rudolph denied that charge.

"It was for a friend," Rudolph said. "I knew that he was in financial trouble and he was paying for a lawsuit. I didn't say, 'E.W., go sue them and I'll pay for it.'"

Rudolph also denied any budget retaliation, saying he avoided participating in any discussions about Murray State, which he once attended until he dropped out to pursue a career in tires.

Robbie Rudolph Sued For Retailiating Against Woman Claiming Sexual Harrassment Against Former Murray State Athletic Director

An explosive development in the ongoing Murray State University saga as it relates to Governor Fletcher's (R) running mate, Robbie Rudolph, and his aggressive efforts to help his friend E.W. Dennison, the school's former athletic director who was fired from the school.

Now, a woman named Annazette Fields (the wife of the former MSU women's basketball coach) has asked a federal court judge to allow her to amend her lawsuit against Dennison for sexual harassment to allow her to include Robbie Rudolph as a named defendant for his efforts to "effectuate the campaign of retaliation against the Plaintiff by written and other communications with the individual members of the Murray State University Board of Regents...for the purpose of discrediting, disparaging, embarrassing and humiliating the Plaintiff in her employment at Murray State University." (Note: I am not certain whether the motion is still pending or if the court has granted plaintiff's leave to amend.)

(Click here for the original complaint, motion to amend, and the first amended complaint).

In the motion, the plaintiff asserts:

Since the initiation of this action, the Plaintiff, through her counsel, has discovered other evidence which leads her to reasonably conclude that the proposed new Defendant, Robbie Rudolph, was a co-conspirator with the other individual Defendants, in obstructing justice and depriving the Plaintiff of rights and privileges guaranteed her. A portion of the information learned by the Plaintiff, through her counsel, is the following:

1. On or about October 22, 2004, certain written correspondence were delivered to the Board of Regents of Murray State University in furtherance of the conspiracy to discredit the Plaintiff. One piece of correspondence was admittedly authored by Defendant, James Butts, and the other piece of correspondence is purportedly authored by “C. M. Baker.” The correspondence authored by Butts shows a copy also delivered to Robbie Rudolph.

2. During his discovery deposition taken in a separate action pending before this Court on February 13, 2006, Case No.: 5:05-cv-182-R, James Butts testified that the written communication, although authored by him, was drafted on behalf of the individual members of the Racer Foundation and other supporters of Dennison, with specific input and information provided by Robbie Rudolph. (Butts Deposition at pages 28-39).

3. During his discovery deposition taken in the separate action pending before this Court, Dennison testified that Robbie Rudolph loaned him $250,000.00 to pay, in part, Dennison’s legal expenses in this and the separate action. (Dennison Deposition of January 31, 2006, at pages 26-28). Rudolph confirmed this loan in his discovery deposition in that case taken on February 13, 2006. (Rudolph Deposition at page 35).

4. Transcripts of email communications between Dennison and Robbie Rudolph produced in the other action pending before this Court and appended to the February 13, 2006, deposition transcript, reveal the close contact between Dennison and Rudolph, making reference to the pending claims and their “plans.” One such email transcript from a transmission from Rudolph to Dennison is as follows:

Sorry that I was on the phone when you called. EW, it is going 24/7 now and tomorrow will not be any better. I have meetings tomorrow that will go very late until the night. Please, as we have discussed, send me by email what the plan is with the figures and all. I will study and then we can meet. Today would be best if you can do it. I am getting ready to go to a meeting in just a few minutes but somehow today I will be able to read what you send.

To which, Dennison responds:

We did have a big win last week. The court granted our request to move the case back to state court and have it tried in Western Kentucky. Gray and Harold are GOOD friends with Both of the judges down here. The university fought hard to keep this from happening. It will hurt pretty boy’s image down here more than it would in Frankfort and plus we will have a better chance of winning.

Harold, Gary and both the Frankfort lawyers all feel great about suing him for defamation in West Kentucky. Suing him personally and in West Kentucky will splash a bunch of mud up on his image. We get a win, Joe saves his job, we get our money back and more importantly we get the last laugh.

Let me know in the morning or today if you read this today if you want me to come up and I’ll be there Tuesday afternoon. If not we will try to do this electronically. It will not take long but there are some decisions that need to made this week.

The contents of a separate email exchange just four days prior to the Plaintiff’s Complaint being filed, but after Dennison was advised that the lawsuit would be filed, were completely redacted when produced in the separate action by Rudolph.

The Plaintiff, through her counsel, obtained copies of the deposition transcripts cited herein following her formal request made June 27, 2006, that the Defendant, Murray State University, produce copies thereof. The Plaintiff obtained copies of those deposition transcripts in August, 2006, and prior to her review of those transcripts had no reasonable basis to believe that Mr. Rudolph was involved in the aforesaid conspiracy.

More On Robbie Rudolph and the Murray State University Debacle

You may remember a series of stories last year concerning Governor Fletcher's (R) running mate, Robbie Rudolph, and his very questionable meddling in the affairs of Murray State University.

First, Rudolph admitted covertly financing a lawsuit against the university by his buddy, former athletic director E.W. Dennison, to the tune of $250,000 after being fired by the school "amid arrests of athletes and other problems."

Then Rudolph's fingerprints seemed to be all over the decision by the Fletcher administration to omit funding for some crucial university projects in the last budget, Fletcher's effort to appoint regents that the school did not approve, and other instances of petty retaliation by Rudolph.

Now it seems that former MSU President Kern Alexander is having the last laugh by refusing to sign-off on a "nuisance settlement" of Dennison's case after a judge threw out 50 of the 52 claims made by Dennison:

King Alexander Refuses To Settle In Litigation
Issue date: 2/9/07 Section: News
The Murray State News

Former University President F. King Alexander said he will not be a party to a monetary settlement in the ongoing litigation with former athletics director E.W. Dennison in a memo released Monday.

"I am aware that now the MSU Board of Regents is considering a monetary settlement of the case brought against the Board of Regents and me by E.W. Dennison, a former employee in the Athletics Department at MSU," Alexander wrote. "I understand from counsel that the kind of agreement that the Board is contemplating is frequently referred to in legal circles as a 'nuisance settlement' which simply pays a plaintiff to go away, desist in being bothersome, and cease causing fruitless expenditures of time and money. However, I do not believe that this is good education policy nor does it appear to be good legal strategy. In my opinion, any monetary settlement to pay off the plaintiff in this instance would encourage other meritless claims against the University and inhibit future administrations from properly addressing personnel decisions."

Alexander went on to praise the judge for his previous dismissal of 50 of the 52 claims by Dennison in the suit, and said paying off the plaintiff to avoid litigation on the final two claims would be "a tragic and irresponsible waste of money..."

A Revealing Look

The Courier-Journal submitted written questions to our congressional delegation on the Iraq Study Group report, asking them where they stand on a couple of issues.

What is noteworthy is how Senator Bunning (R) and Rep. Geoff Davis (R) show themselves to be disturbingly out of sync with the rest of the Kentucky delegation over the question: "Should the United States engage in negotiations with Iran and Syria to find ways to stop sectarian violence in Iraq, and why or why not?"

U.S. Rep. Ed Whitfield, R-Ky.
"Yes, any new diplomatic offensive cannot be successful unless it includes the active participation of all countries that have a critical stake in preventing Iraq from falling into chaos. For different reasons those countries would be Iran and Syria, as well as Turkey, Kuwait, Saudi Arabia, and Jordan."

U.S. Rep. Harold “Hal” Rogers, R-Ky.
"The people of Iraq — as well as its neighbors in the Middle East — have an interest in a peaceful, stable Iraq. Diplomatic and political approaches can assist in bringing about a united and stable Iraq."

U.S. Rep. Ben Chandler, D-Ky.
"Considering the instability and dangerous circumstances that our troops are facing every day in Iraq, I see no reason why the United States should not explore every option for finding potential solutions to this ongoing war.

"If we can persuade countries neighboring Iraq to be helpful in our efforts rather than harmful, then that would certainly be to our advantage."

U.S. Rep.-elect John Yarmuth, D-Ky.
"They (Iran and Syria) are critical figures in backing a lot of the insurgency and therefore there’s no reason we wouldn’t want to try to engage them to see if they can help stop it."

U.S. Sen. Jim Bunning, R-Ky.
"I do not support engaging in negotiations with rogue nations such as Iran and Syria that are known sponsors of terrorist groups in Iraq, Lebanon, the West Bank and Gaza.

"I do not believe that we should give terrorists a seat at the negotiating table. Such a shift in our nation’s foreign policy could have grave consequences for our national security."

U.S. Rep. Geoff Davis, R-Ky.
"It is important to the stability of the Middle East to increase the diplomatic dialogue between all of Iraq’s neighbors. The United States will not negotiate with Iran and Syria regarding Iraq’s future — that is for the Iraqis to determine."

(Note that neither Senator McConnell nor Congressman Lewis responded directly to the questions.)

State Worker Suspended For Forging Application (AP)

Suspended without pay for two days. That's it?? For forgery??

Anyone else thinking there's a lot more than meets the eye here?

State Worker Suspended For Forging Application
Fletcher aide Rudolph had requested project
Associated Press

MURRAY, Ky. -- A state worker will serve two days of suspension without pay after admitting she signed an official's name on a permit application submitted by Robbie Rudolph, Gov. Ernie Fletcher's executive cabinet secretary.

Traci Hyatt, an environmental technologist with the state Division of Water, told investigators she didn't know Rudolph was the secretary and signed the name of Dawn Gaskin, Calloway County planner, to the application.

County Planner Says Signature Forged On Rudolph's Application (AP/Murray Ledger & Times)

This ran in yesterday's Murray Ledger & Times and picked-up on the AP wire today. What do you make of this? Appears that someone wanted to help out Robbie Rudolph:

County Planner Says Signature Forged On Rudolph's Application
Associated Press

MURRAY, Ky. - A western Kentucky county planner said her signature was forged on a document that gave approval to a plan by a Kentucky cabinet secretary to build in a flood plain.

Calloway County Planner Dawn Gaskin said she never signed off on an application by Robbie Rudolph, the Executive Cabinet Secretary and running mate for Gov. Ernie Fletcher, to build a stream-bank stabilization along Clear Creek.

The project, approved by the Natural Resources and Environmental Cabinet's Division of Water in Frankfort, would be near Rudolph's home in Murray.

Rudolph said he mailed the application to the state and was unaware that there was any problem with the document. Rudolph has not been implicated in any wrongdoing.

The Kentucky Bureau of Investigation, an arm of the Attorney General's Office, and the state Department of Natural Resources are investigating the forgery complaint.

Any type of construction work in a flood hazard area requires a permit from the state under federal flood plain insurance regulations. Gaskin, who is also the county's flood plain coordinator, said she didn't know about the application until she received a letter from Art Clay, manager of the division's water resources branch, saying the project was approved.

Gaskin said she asked Clay for a copy of the application, then saw that someone had signed her name on the paperwork.

"Normally, people will come in and get me to sign it, and if I don't sign it and they send it in, the state sends it back to them for my signature," Gaskin said.

(click here to read entire story)

Why does it seem like every week there's something shady going on with Rudolph relating to something/someone in Murray?

Fletcher: Lawsuit Confirms Decision About Nominations (Taylor, Ledger & Times)

What a total jackass and imbecile. And he wonders why his own party is trying to overthrow him.

Fletcher: Lawsuit Confirms Decision About Nominations
By KRISTIN TAYLOR
Staff Writer

AURORA, Ky. - For Gov. Ernie Fletcher, the lawsuit three Murray State regent nominees filed against him confirms he made the right decision in refusing to appoint them to the university board.

Kenneth “Pete” Galloway of Sedalia, Sharon Green of Mayfield and Kenneth Shadowen of Benton sued the governor earlier this week, asking a Franklin Circuit Court judge to order Fletcher to appoint one of them to MSU's Board of Regents. If the governor doesn't, the postsecondary nominating committee - which initially forwarded the three names to the governor in early July - should have to, the lawsuit says.

“I don't know those individuals, but the fact they filed a lawsuit solidifies that I made the right decision,” Fletcher said while making comments on a variety of subjects to statewide media during a Republican gathering Friday night at Kenlake State Resort Park.

[...]

MSU interim President Dr. Kern Alexander has said Fletcher wants to appoint someone who will help settle a breach of contract lawsuit former athletic director E.W. Dennison - Rudolph's friend - filed against the university about 18 months ago. In defending the delay in the regent appointment, Fletcher went back to a line he's used before in describing the tenure of Alexander and his son, Dr. King Alexander, whose presidencies combine to date back to 1994: “I don't think it's good for any state institution to be family owned and operated.”

“I don't know Kern personally, but we will continue to do what is right despite those outbursts,” Fletcher said of recent clashes with MSU's president.

Fletcher remained steadfast in his allegiance to Rudolph.

“Anyone who says he's trying to hurt Murray State doesn't know his heart,” he said.

Of course, Fletcher has no problem with Rudolph helping to finance a lawsuit against the university by his buddy E.W. Dennison. Presumably that lawsuit has merit. I suppose MSU can make the same claim that Dennison's lawsuit means they made the right decision as well, by firing him in the first place.

The terrifying thing is that Fletcher continues to fill judicial seats at the highest levels here in Kentucky with judges who will hear lawsuits, but candidates like William McAnulty don't think there's anything nothing wrong with dealing with this ethically and politically bankrupt governor appointing him to the Supreme Court. I suspect the voters will say the opposite.

Bill Stone: Apologist In Chief

Former Jefferson County GOP Chairman Bill Stone again demonstrates that he's one of the very crew members remaining on the rapidly sinking USS Fletcher-Rudolph with his letter-to-the-editor in today's Courier-Journal:

Criticism of Rudolph 'makes me sick'

In more than four decades of civic participation, I have met few individuals who possess the character and work ethic of Robbie Rudolph. To see him criticized in The C-J editorial pages ("Rudolph's meddling," July 26) for his concern for his beloved Murray State University makes me sick.

Here is a hard-working, self-made entrepreneur, who for five days a week gives up an earned comfortable life in a beautiful home to come to Frankfort to work from dawn to dusk, and with each day's end, his reward is to return to an empty hotel room.

...Bless you, Robbie; just keep on keeping on.

BILL STONE
Louisville 40207

Now I feel sick...

The Fletcher-Rudolph Crime Family

Man, these guys don't give a rat's ass about the law, do they? Today, there are two major stories involving the Fletcher-Rudolph cabal and Murray State University.

First, indicted Governor Fletcher (R) keeps asking for a "do-over" when it comes to the list of  nominees submitted to him for selection to the Murray State University board of regents.

The law states that the governor is to select from a list if three nominees. Twice now -- and apparently against the law -- Fletcher has asked for a new list. It seems that Fletcher's efforts to circumvent the state's nominating process when it comes to appointments is not limited to judges and, as usual, his reasons are nefarious:

Acting Murray State President Kern Alexander said Fletcher wants to appoint a candidate who could aid former Murray State athletic director E.W. Dennison in a breach of contract suit against the school.

Alexander said Dennison is friends with Robbie Rudolph, Fletcher's running mate in the 2007 gubernatorial race. Rudolph has said he has lent Dennison $250,000 for legal bills and other costs. Alexander alleges Rudolph wants to have a say in Fletcher's choice.

"It has much to do with that, the settlement of that case," Alexander said.

Also, in a related development, Fletcher's capo and running mate Robbie Rudolph seems intent to meddle with a lawsuit his buddy, former athletic director E.W. Dennison, filed against the university after being fired for failing to keep top school administrators informed of incidents including student-athletes' arrests for alleged drug possession, burglary, rape, and theft.

Here's what Mark Pitsch wrote in today's Courier-Journal:

Gov. Ernie Fletcher's running mate said he talked privately with Murray State University regents about a lawsuit his friend had filed against the school, according to a deposition in the suit.

Robbie Rudolph was Finance Cabinet secretary when he spoke "in general" about the breach of contract lawsuit that his friend E.W. Dennison filed against the school in 2005.

Some Murray State officials said Rudolph's discussion with regents could be a conflict of interest.

"If he is calling individual university board members to influence the outcome of that lawsuit contrary to the interests of the university, in my mind that is a blatant conflict of interest," said Marilyn Buchanan, chairwoman of the Murray board of regents. "It makes you think there is an agenda."

Rudolph said in the Feb. 13 deposition that he discussed a "40,000-foot view of the lawsuit, not the particulars of the lawsuit" with regents Vickie Travis, Bill Adams and "maybe" Alan Stout. The deposition provided no other details about the discussions.

Rudolph declined to comment yesterday through a spokeswoman.

These guys are common criminals who unfortunately are running state government...into the ground.

A Record Of Monumental Accomplishments?

What fantasy world does Robbie Rudolph live in? "A record of monumental accomplishments"? Please.

Once again, they try to find a scape goat rather than ever accept responsibility for their own criminality and political problems, and blame the media for their problems. But when the Danville Advocate-Messenger and Kentucky Enquirer blast this administration, it's awfully hard to lump the criticism together as simply part of the "liberal media."

But these guys don't let facts get in their way...

From Ronnie Ellis' political column:

...his 2007 running mate and Secretary of the Executive Cabinet Robbie Rudolph thinks those numbers will change if the administration can somehow get beyond the shrill noise of the Merit System investigation and talk to voters about Fletcher’s accomplishments.

“This governor has had a record of monumental accomplishments,” Rudolf said Tuesday when asked about the results of the poll. “But, with someone else putting out the message — that being the liberal media — we can’t get our message out.”

[...]

“We’re running against the mirage of perfection,” in such polls, Rudolph said, meaning they test Fletcher without comparison to an opponent. “This person is going to cut taxes in half, lower health insurance costs 50 percent and create billions of dollars of surplus — and who is that candidate?”

***NICKOLAS VS. FLETCHER FILED*** Federal 1st Amendment & Equal Protection Clause Lawsuit Filed Against Governor Fletcher, Secretary Rudolph, and Secretary Farris Regarding Censorship Of Political Speech

This afternoon, a federal lawsuit was filed in the Eastern District of Kentucky entitled Mark Nickolas v. Governor Ernie Fletcher, Secretary John Farris and Secretary Robbie Rudolph over the recent targeting and censorship of BluegrassReport.org. (click here to see verified complaint). The suit alleges that the administration's actions are an infringement of rights under the 1st Amendment and Equal Protection Clause of the United States Constitution. (for background click here)

Louisville attorney Jennifer Moore and the Washington, DC litigation group of Public Citizen (led by attorney Greg Beck) are representing me in this litigation. The complaint asks that the government's ban of BluegrassReport.org be declared unconstitutional and access be restored. No monetary damages are sought.

Click here for the press release which Public Citizen has just put out.

The complaint focuses on two separate issues:
 
First, the Fletcher Administration targeted my political speech by specifically banning BluegrassReport.org because I have been critical of this corrupt administration, and not so coincidentally did so the morning after a front-page New York Times story very critical of Fletcher where I was quoted and this site mentioned. Only after the fact have they scrambled to block other sites, albeit haphazardly.
 
The second issue, however, has significant national implications as it involves the unconstitutional efforts by government to discriminate against non-traditional media, like the blogs. In this case, the mainstream newspapers’ websites were not blocked, but non-traditional media like mine were. They did so with no standards or policy guidelines in place and implemented in a non-sensical and arbitrary manner.
 
This is fertile constitutional ground since the blogosphere is such a recent phenomenon, but the courts have already begun according blogs with media protections (as has the FEC) and historically are quite sensitive to targeting of non-traditional media, often comparing them to the early American pamphleteers.

One last thing. I'll need your help in coming days and weeks to ensure that we have the resources to fully fund this legal effort! Please contribute below if you can.

UPDATE (4:30pm): Already getting some national attention as Political Wire and Daily Kos have just posted.

UPDATE #2 (6:15 pm): TPMmuckraker continues its excellent coverage of this matter.

UPDATE #3 (6:30 pm): We've learned that federal Judge Karen Caldwell has been assigned this case. This should be quite a fight.

UPDATE #4 (7:25 pm): AP has a story:

Washington Group Files Suit On Behalf On Political Commentator
ROGER ALFORD
Associated Press

FRANKFORT, Ky. - A federal judge will decide whether state officials violated the constitutional rights of a political commentator by blocking access to his Web site on government computers.

The Washington-based advocacy group Public Citizen claims in a lawsuit filed Monday in U.S. District Court in Lexington that the state singled out the Web site of Mark Nickolas, http://www.BluegrassReport.org.

The lawsuit names Gov. Ernie Fletcher and two of his top administrators as defendants.

[...]

"The state has not consistently enforced its ban and has not yet given a coherent reason why blogs devoted to news and politics should be treated any differently than traditional news sites," said Greg Beck, the attorney who filed the lawsuit.

The Fletcher administration declined comment on the lawsuit Monday evening. "We've not even seen the lawsuit yet," spokeswoman Jill Midkiff said. "We can't comment until we've had the opportunity to review it."

Midkiff previously said the state blocked numerous Web sites to boost employees' efficiency. State officials were not targeting particular sites, she said.

However, Beck said the circumstances of the case suggests that the state intentionally targeted Nicholas, because it occurred immediately after Nicholas was quoted in a New York Times article being critical of Fletcher.

In the lawsuit, he contends the state infringed on Nicholas' rights under both the First Amendment and the equal protection clause of the Constitution.

"The state's blocking of BluegrassReport.org constitutes content-based discrimination," said Louisville attorney Jennifer A. Moore. "While the state may regulate what its employees do during work hours, it cannot selectively control the reading material of employees based on content. The state also cannot discriminate based on traditional and nontraditional media sites."

UPDATE #5 (7:35 pm): Elisabeth Beardsley weights in with a story on the Courier-Journal website:

Blogger Sues Fletcher Over Web Policy
By Elisabeth Beardsley
ebeardsley@courier-journal.com
The Courier-Journal

Blogger Mark Nickolas, who runs BluegrassReport.org, has sued Gov. Ernie Fletcher and other administration officials for barring access to his Web site from state workers’ computers.

The lawsuit, filed Monday in U.S. District Court in Frankfort, alleges that the state’s action violated the First Amendment and the equal protection clause of the U.S. Constitution.

[...]

Nickolas, a frequent Fletcher critic, claims the administration targeted his Web site based on his political speech, said his lawyer Jennifer Moore.

He is also arguing that the administration illegally discriminates based on content, since state workers can still access newspaper and TV station Web sites.

The suit asks for the blog to be un-blocked and for attorney fees, but no monetary damages, Moore said.

Finance Cabinet spokeswoman Jill Midkiff said the agency had not yet received the lawsuit and could not comment.

UPDATE #6 (8:00 pm): Kentucky Law Blog -- a terrific online publication -- posted about the lawsuit this afternoon:

This just in. 

Mark Nickolas tells governor he'll see him in court over censorship of blogs.  Actually, suit was filed in federal court over the censorship mess. Jennifer Moore and attorneys with Public Citizen are representing Mr. Nickolas in this First Amendment case.  Jennifer is an outstanding attorney with a firm known for quality legal work. Therefore, this is not a posturing suit but a legitimate legal action seeking a restraining order against the governor's actions.

Although one initially might think it a legitimate government interest to keep government employees on the government payroll spending their government time on government business, this is not how the blog filtering worked or was implemented.  Reports from Frankfort and others reveal that some blogs were blocked, others were not, some were then they were not, and a distinction was made between various publications (be they blogs or the on-line equivalents of main stream media (newspapers). 

...This appears to be another fine mess that Ernie has gotten himself in as he plays a political version of cowpie bingo.   

Yesterday it was censoring political opinions, today it was flying a trial balloon on changing the law to allow gubernatorial appointments of the attorney general and state treasurer.  With all that is going on, someone at the state's power center needs to follow this sage advice - it's best to remain silent and let them think you are the fool, rather than open your mouth and speak and thus remove all doubt.

UPDATE #7 (8:40 pm): Jack Brammer has just filed a story with the Herald-Leader:

Blogger Sues To Restore Ky. State Workers' Access
By Jack Brammer
HERALD-LEADER FRANKFORT BUREAU

FRANKFORT - Gov. Ernie Fletcher's administration cannot block state workers' access to political blogs while permitting the use of traditional news sites, said a federal lawsuit filed today by a national, non-profit consumer advocacy organization.

Public Citizen, based in Washington, D.C., filed the lawsuit in U.S. District Court in Frankfort on behalf of Mark Nickolas, who writes the BluegrassReport.org political blog.

Louisville attorney Jennifer Moore, who is working with Public Citizen on the lawsuit, said the state unconstitutionally singled out Nickolas' political news site. She also said Nickolas is not seeking any monetary damages, but the lawsuit does seek attorney fees.

"It's not about the money," Moore said. "It's about constitutional rights. The government says it wants its employees to be informed. But when the government decides what news they can read, that's dangerous."

Fletcher's press office referred calls to Jill Midkiff, a spokeswoman for the Finance Cabinet. She said the state had no immediate comment on the suit.

[...]

The Fletcher administration contended that it was not targeting Nickolas' blog, but had formulated a policy to add to a list of sites banned on state employees' computers, including gambling and pornographic sites.

But blogs on mainstream media Web sites, as well as prominent conservative blogs such as the Drudge Report, remained accessible, Moore said.

She said the state's blocking of BluegrassReport.org constitutes content-based discrimination.

"While the state may regulate what its employees do during work hours, it cannot selectively control the reading material of employees based on content. The state also cannot discriminate based on traditional and non-traditional media sites."

Greg Beck, the Public Citizen attorney who filed the lawsuit, said in a statement: "The state has not consistently enforced its ban and has not yet given a coherent reason why blogs devoted to news and politics should be treated any differently than traditional news sites.

"The circumstances of this case suggest that the state intentionally targeted Bluegrass Report because of the political content of the site."

Listed as defendants in the lawsuit are Fletcher, Finance Secretary John Farris and Executive Cabinet Secretary Robbie Rudolph.

U.S. District Judge Karen Caldwell has been assigned the lawsuit. No hearing date has been set.

Saturday Government Censorship Update (Day 3)

Another round of stories over the plan by indicted Governor Fletcher (R) to ban political speech he does not like. It just gets worse.

First, The Kentucky Post has a segment on the controversy in their Saturday Week in Review column:

Blog controversy

Kentucky Gov. Ernie Fletcher got a lot more unwelcome press this week, from both the traditional and non-traditional sources.

First, a front-page story in the New York Times titled "A Governor's Troubles Threaten Republicans' Hold on Kentucky" detailed the various controversies surrounding the state's first Republican in three decades.

Then, half-way through the week, Fletcher ignited a firestorm when his administration blocked access to various political Web-logs on state computers.

Administration officials said it was just another step in a strategy to make workers more efficient and that a lot of sites are blocked. But the timing was very suspicious.

One of the sites blocked, and one of the most popular ones, is run by Democrat operative Mark Nickolas, who was quoted in the Times article criticizing Fletcher's team. The funny thing is if you're familiar with Nickolas' site, www.bluegrassreport.org, you'd know that his Times' quotes were tame compared to what he puts out every day.

The ban got national coverage on both blogs and TV.

It's an interesting issue. We're all for state workers being more efficient, but it opens up a whole proverbial can of worms. Not all political blogs were blocked - how'd they choose? And should religious sites be blocked, too? What about sports sites? And so on and so on.

The Bluegrass Institute -- whose political blog was reinstated by Fletcher on Thursday night -- wonders why some blogs are banned, but not others, and points to the lack of any specific policy on which sites get banned. It's the very question we're asking.

While the Fletcher minions say the plan was in the works for weeks and that's the only reason why BluegrassReport.org was banned the day after it was cited in a front-page New York Times story critical of the administration, I think we're getting a glimpse into the truth of this issue. They had no plan and the banning of this site was a knee-jerk reaction by Fletcher and Rudolph because they were tired of the political speech critical of their actions:

Picking and choosing
The Herald-Leader has picked up on the fact that the Bluegrass Institute site is no longer blocked by state government (including our blog), but other sites are still getting blocked.

The state, so far, has offered no credible rationale for why our site gets a pass and other sites do not.

From the article:

The administration doesn't have a specific policy outlining the reasons for bans of certain sites or categories of Web pages.
Soooo, how do they make the call?

Posted by Caleb O. Brown at June 23, 2006 04:41 PM

Mark Hebert has an interesting post on his political blog on the WHAS-11 TV (Louisville) website --another political blog that state employees can still access:

You've heard the story. Governor Fletcher's administration blocks state employees' access to political blogs, porn sites, lingerie sites (Victoria's secret), and on-line auction sites (E-bay) and dozens of others, from their state-owned computers. Sounds like a good move. None of us want state employees viewing non work-related web sites on our (taxpayers') time. But the firestorm has begun. Mark Nickolas of BluegrassReport.org says the Fletcher blocking is aimed squarely at him and his web site, which has been harshly critical of Fletcher, repeatedly calling his administration "corrupt". Nickolas' site is one of those state employees can no longer access. But they can still get to RushLimbaugh.com and my blog page on WHAS11.com. Nickolas says Fletcher is just looking to stifle web voices that are critical of his administration. Jill Midkiff of the State Finance Cabinet says that's ridiculous. She says a study of state employees' web habits showed they were surfing the web on state time so some of the most popular non work-related sites were blocked. Presumably, that means BluegrassReport.org was popular with state employees who don't like their boss.

Anyway, CNN and the NY Times have interviewed Nickolas, visitors to his web site have increased five-fold and he's weighing a First Amendment lawsuit against the Fletcher Administration. Seems to me Fletcher has inadvertantly shown the spotlight on his chief critic and added the possibility of a protracted lawsuit. And it's raised the issue of government officials deciding what is, and isn't, a legitimate work-related website. Whatever the motivation for blocking web access to these sites, it's backfired. It might have been better for Fletcher to stick with the generic site-blockers used by the state and say "I trust state employees but we'll investigate if there's reports of computer misuse". Nickolas is right about one thing when he says "this is a microcosm of the Fletcher administration". I think they look like the "gang that can't shoot straight" even when they're probably trying to do what they believe is right thing for Kentucky taxpayers.

Tom Loftus has a significant story in today's Courier-Journal that highlights the protest by State Treasurer Jonathan Miller (D) over Fletcher blocking sites on his staff's computers. This is an issue I raised earlier, namely that Fletcher has legal authority over another statewide elected constitutional officer. Fletcher has enough trouble on his hands and probably ought to keep from expanding the number of battles he must fight -- and lose:

State Treasurer Fights Blockage Of Internet Sites
Miller criticizes Fletcher's action
By Tom Loftus
tloftus@courier-journal.com
The Courier-Journal

FRANKFORT, Ky. -- State Treasurer Jonathan Miller said yesterday that the Fletcher administration's decision to block state worker access to some Web sites this week has cut his office's access to sites it needs.

Miller, a Democrat, said the action by the Republican administration to limit how he can use his computer "raises serious constitutional concerns."

"We face many difficult challenges in Frankfort," Miller said in a statement. "Censoring critical speech, however, will not assist us in moving the state forward."

[...]

But Mark Nickolas, a Democrat whose BluegrassReport.org blog is highly critical of Gov. Ernie Fletcher, said he was targeted by the administration.

Nickolas noted the move came one day after he was quoted as criticizing Fletcher in a New York Times report about the ongoing special grand jury investigation into administration hiring practices.

Nickolas also noted that one site blocked Wednesday, that of the conservative Bluegrass Institute, was restored Thursday.

"The Fletcher administration really demonstrated its true intent when they undid Bluegrass Institute. It proves that this entire move is content-driven," Nickolas said. "Government can't ban speech because of content."

[...]

Miller said blocking auction sites impairs his office, which conducts and monitors online auctions as part of its responsibility to dispose of unclaimed property that comes into the state's possession.

Pinson said Miller has asked that his access be restored to all sites that were blocked this week. But "we do not make a blanket exception for anyone. He needs to give us a list of specific sites he wants restored with his office's business purpose for those sites."

Pinson said Attorney General Greg Stumbo and state Auditor Crit Luallen, both Democrats, have computer systems separate from the system controlled by the administration.

She said Secretary of State Trey Grayson and Agriculture Commissioner Richie Farmer, both Republicans, are on the administration system and have not complained.

However, I continue to be remarkably disappointed by the lack of protests by Kentucky Democrats -- aside from Rep. Ben Chandler (D) and Miller. I thought government banning political speech is something the Democratic Party historically fought against? Where are the voices? Why aren't elected officials -- who I respect -- like Auditor Crit Luallen (D) or Senator Ernesto Scorsone (D) or Rep. Kathy Stein (D) speaking-up loudly here? I expect a frightened, tepid response from the likes House Speaker Jody Richards (D), but I'm surprised by others. Maybe they'll come around. Just a thought.

Finally, there's no slowing down to the national traffic that BluegrassReport.org has been getting over this controversy. Over the past three days, this site has received 39,488 visitors who have viewed 72,784 pages. Compare that to the average traffic of 3,000 visitors per day and 10,000 page views.

The Running Mate (Beardsley, Courier-Journal)

Not a ton of news this morning in the Sunday papers.

Elisabeth Beardsley has a profile on indicted Governor Fletcher's (R) newest, and third, running mate Robbie Rudolph where we are reminded how hard Rudolph fought to kill Kentucky's pre-paid tuition program (KAPT) and then lost in court. A good story about yet another milque toast rich guy turned politician.

Robbie Rudolph

A reader sent me the following about indicted Governor Fletcher's (R) newest (and third) running mate, Robbie Rudolph: