The Governor & the BRIBES

The recent flap occasioned by the exposé concerning the attempt of the White House to offer positions in the administration to people in return for their dropping out of races in which the president desired another candidate, such as regarding the current Sestak- and Romanov-affairs, in which former president Clinton and current deputy staff-chief Messina, respectively, functioned as the go-betweens, might have a poignant lesson for Kentucky. The reason: Turns out that the obvious attempts at bribery violate federal law, with the equally obvious ramification that similar attempts by a state governor also violate either federal or state statutes.

In 2009 and without a blush, Kentucky Governor Beshear, a democrat, offered state republican senators Charlie Borders and Dan Kelly plush appointments they simply couldn’t refuse in an effort to bring the state senate under control of the democrats, the obvious expectation being that in the special elections to fill their seats democrats would be shoo-ins. Borders accepted a Public Service Commission seat and Kelly, also the senate majority leader and constant thorn in Beshear’s side, grabbed the offered judgeship, both income and pension perks connected to the positions being too good to pass up even for maintaining party loyalty. Borders’ seat went to a democrat but Kelly’s went to a republican so the guv made no headway.

Beshear’s own democrats hated his move because a democrat governor simply doesn’t appoint republicans to such much-sought-after positions as those in the PSC and the courts (salaries in six-figures plus perks and pensions). The fact that it didn’t work made matters worse. The quid-pro-quo might be considered tacit but it’s there, nevertheless. The governor offered the men something of value knowing that he was receiving a payoff if they accepted, as in the cases mentioned above…if Sestak and Romanov caved. They didn’t.

This perhaps brings into play KRS Chapter 013A00 of the Kentucky Revised Statutes, which has to do with how the actions of a governor, among other entities, satisfy federal mandates such as those dealing with the Sestak and Romanov cases. The General Assembly and Court of Justice are exempted but the governor is not. Section 13A.245 has to do with “Agencies [entities] to prepare a federal mandate analysis comparing proposed state regulatory standards to federal standards – Relationship between state administrative regulation and federal law or regulation governing a subject matter.” (underline mine)

The subject matter at hand concerns the extent to which Governor Beshear’s actions match that of the president as advanced by his apparatchiks, except that in the governor’s case he acted apparently as his own go-between. In effect, he said to the republicans, “my offer in exchange for your Senate seats.” Nothing could be more clear-cut.

The argument might be made that the governor can appoint anyone he thinks fitted to do a job, no questions asked; however, in this case the quid-pro-quo was automatic and was more reprehensible/specious because the state is full of democrats who could have qualified for those positions and probably let Beshear know that fact in no uncertain terms. For instance, there were three recommendations for the job that Kelly got. Take a guess as to the party of the other two.

In any case, an investigation would bring into play all the memoranda, e-mails, phone-logs, media-items, and other communications/materials involved in what was transparently an attempt at a negotiated settlement of a problem the governor had with the Senate, based primarily on the Senate’s refusal to go for slots at racetracks or casinos anywhere.

There’s no claim to legal expertise in this corner but there’s also the suggestion that another part(s) of the Revised Statutes could apply to the governor’s actions if the one noted here doesn’t. Attorney General Conway would do well to look into the matter and by doing so might even get a leg-up in his campaign for the U.S. Senate by hammering what is unmistakably governmental perfidy by Governor Beshear. Of course, to do so might call attention to Conway’s perfidy, the BIG LIE made to the national media regarding what his opponent Rand Paul said about the Civil Rights Acts, forcing even MSNBC’s democrat attack-dog Chris Matthews to set the record straight. Everyone is advised not to hold his breath.

And so it goes.
Jim Clark