Passing the political hot potato back to Stumbo, Richards today called for Stumbo to appeal Melcher's decision that Fletcher couldn't be tried until he leaves office.
Richards, D-Bowling Green, said the courts need to address the issue of executive immunity, a principle that Fletcher argued -- and a district court judge agreed -- should prevent him from being prosecuted while he’s governor.
Richards said some people do not think a Kentucky governor has as much immunity as was granted in Special District Judge David Melcher’s ruling last week.
“I think it would be important for any future officeholder to know what the rules are and for the citizens to know what the rules are,” Richards said. “I think it would be important to have the highest court adjudicate that matter.”
Yeah right! We need to have this law "settled" for future cases. That is completely unbelievable. Why? Richards doesn't want to start impeachment hearings against Fletcher for these charges.
First, he knows the charges are flimsy at best. How would you like to impeach a person who is found not guilty on all charges?
Secondly, such an act will undoubtedly make this whole case a partisan affair that will not only make the case that this whole investigation was a partisan witch hunt, but it will make Fletcher a more sympathetic figure for Kentuckians.
Lastly, they don't have the political will to move. They don't want their past indiscretions with merit employees to surface again. Especially their lack of prosecution of such cases.
This means that Stumbo will have no choice but to appeal the decision. If he does that, then Fletcher should also appeal his rulings. He may get better reception from the appellate or Supreme court for one simple reason. No district judge has the cohones to throw out the case. They would much rather let a jury decide the case. Higher courts have more gravitas and would be more willing to follow the law rather than be swayed by public opinion.
