Friday, 11 August 2006
Fletcher Will Not Have To Stand Trial Until After He Leaves Office
« Fletcher's Hearing Today | Main | Republican Civil War Part II »Well, The judge made his ruling today. He found that Fletcher can not stand trial for any wrong doings that occur during the course of his day to day activities as governor.
“Because it is alleged to be an official act, they cannot proceed against the governor until he’s either impeached or out of office," Melcher said.
Ok, so this is not what I was expecting, but it is an interesting ruling. What I gather Melecher is not saying is that the Governor can be prosecuted for any crime while he is Governor. Only those activities that are in his capacity as Governor to do. What this means is that since one of the things he does as Governor is hire people, he can't be prosecuted for any hiring decisions he makes. He would have to be impeached for misconduct in office before he could be charged.
Now if a Governor were caught selling crack on the corner of 3rd and Main in Frankfort at 2AM, he could be prosecuted since that was not part of his official duties as Governor.
What does this all mean?
For Fletcher: This is probably the worst decision that could have happened to Fletcher. Instead of the case being resolved it is going to hang around until he is no longer Governor. The papers are going to spin this as the Governor being "above" the law which is ridiculous, but the perception will probably stick. The ruling will likely cause a serious primary fight that will culminate the brewing Republican civil war.
For the Democrats: They are now in an interesting position. If they believe Fletcher is guilty, isn't it there responsibility to bring impeachment charges against the Governor? If they don't they will appear to not believe the charges are serious. If they do, they are going down a slippery slope that can only end badly. Either sympathy for the Governor will rise (like what happened to Clinton) or they will risk opening this can of worms for any future Democratic Governor. They really have no option but to pass.
For the Democratic Gubernatorial Candidates:
Chandler: I don't think Chandler will run. He is going to have to answer why he didn't prosecute merit violations during the campaign. I think he is way to comfy in his role as U.S. Representative to open himself to the abuse
Henry: He is clearly the strongest Democratic candidate left standing. But does he have support in the party?
Stumbo: He wants to run, but will probably lose. He has too many skeletons in his closet to be able to win in the general. And Democrat's inaction on impeachment will hurt his cause. I think his rank opportunism will come back to hurt him as well.
