AP: Judge Rules Ky. Gov. Can't Be Prosecuted

[Eugene]

Judge Rules Ky. Gov. Can't Be Prosecuted


Friday August 11, 2006 3:16 PM

FRANKFORT, Ky. (AP) - Gov. Ernie Fletcher, under fire for a hiring scandal,
is protected by executive immunity and cannot be prosecuted while in office,
a judge ruled Friday.

Fletcher, Kentucky's first Republican governor in three decades, was indicted
in May on charges alleging his administration rewarded political supporters
with protected state jobs. He has accused the Democratic attorney general
of conducting a politically motivated investigation in the case.

Special Judge David E. Melcher essentially stayed the case until Fletcher's term
expires, or unless he is removed through impeachment by the legislature.

http://www.guardian.co.uk/worldlatest/story/0,,-6009030,00.html

[patricia92243]

1. But a sitting President could be prosecuted for lying about sex - not coun

counting being investigated for something that happened 20 years before he became president.

It never ends.

[CraigHinTenn]

5. No, a DEMOCRAT president can be prosecuted....not the lying

SOB we have now.

[Not a moonbat]

11. But Clinton was never prosecuted

He was impeached. Just like the judge said they can do to Fletcher. And I hope they do it.

[redqueen]

2. That link is awful - hardly any info...

The San Francisco Examiner's version has more.

Including this:

"There is no state in this country that has extended the kind of immunity urged by the governor," he said.

[Thickasabrick]

3. That totally sucks n/t

[chill_wind]

4. Wow. I was trying to google up any info that might reveal anything

about the politics of the judge. This RW blog says in a bio snippet that Melcher is a registered Democrat from Cynthiana.


http://elendil.schenkenfelder.com/blojsom/blog/elendil/?month=6&day=3&year=2006

[w4rma]

6. Looks to me like this will get appealed to a non-whacked judge.

I'm sorry but we are not a nation run by untouchable kings.

[Blue_Tires]

7. hmmmm

how con-VEEEEEN-ient!

[HuffleClaw]

8. WTF ???

oh what bullshit.

[Anywho6]

9. Sweet. Politics Kentucky style. Makes me homesick

:sarcasm:

[gratuitous]

10. A paucity of information in the story

But if I adjust the controls on my tinfoil hat just right, here's what comes through:

The chief executive in Kentucky is not subject to laws like you and I are, but is a special case for whom impeachment, conviction and removal from office is the route for criminal discipline. After his term expires or if he is removed from office sooner through impeachment and conviction by the Kentucky legislature, Fletcher would then be at risk for criminal prosecution of his misdeeds.

It's a funny reading of the law, but defensible. I don't know how it might hold up on appeal.