Impeach Governor Ernie Fletcher

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Monday August 29, 2005 · 7:10 PM PDT

2005/08/29 · 19:10

I was shocked to hear this was happening, but Governor Ernie Fletcher has abused his position by seeking to cover-up a corruption scandal before he testifies tomorrow. It is unknown whether Governor Fletcher will take the 5th, but it is certain that he has created a gigantic political scandal. Bluegrass Report has been the source on this and Bluegrass Report has a legal source who understands Section 77 of the Kentucky Constitution:

Section 77 relates to retrospective acts only -- the Governor is empowered to nullfy punishment. This was the ruling (dicta) of the Kentucky Supreme Court in Anderson v. Commonwealth, 107 S.W.3d 193 (Ky. 2003) -- opinion by Johnstone -- all concur! In the opinion (p. 196) the Court looked to the US Supreme Court's decision in Schick v. Reed, 419 U.S. 256 (1974) for guidance from the English common law in construing a President's power to pardon under Article II. The Schick Court observed that the Constitution gives "plenary authority to the President to "forgive" the convicted person in part or entirely." Id. at 266. The Governor just has no authority to pardon indicted persons because there is no fine to remit, no sentence to commute and no punishment imposed from which to grant a pardon or reprieve. There sure as hell is no authority to pardon persons who "might" be indicted!

No wonder serious legislators are talking about impeachment. And now, the suspects -- who were potentially illegally pardoned -- will be compelled to testify and can no longer take the fifth.

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