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Ky Gov. Fletcher May Have Violated Federal Law

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paineinthearse Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-30-05 02:38 PM
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Ky Gov. Fletcher May Have Violated Federal Law
Edited on Tue Aug-30-05 02:40 PM by paineinthearse
http://releases.usnewswire.com/GetRelease.asp?id=52296

CREW Sends Letter to Attorney General Gonzales Urging Investigation Into Gov. Fletcher's Activities; Fletcher May Have Violated Federal Law

8/30/2005 3:15:00 PM


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To: State Desk

Contact: Naomi Seligman of Citizens for Responsibility and Ethics in Washington, 202-588-5565

WASHINGTON, Aug. 30 /U.S. Newswire/ -- Citizens for Responsibility and Ethics in Washington (CREW) sent a letter to Attorney General Alberto Gonzales requesting a Department of Justice investigation into Kentucky Gov. Ernie Fletcher's employment practices.

CREW's executive director Melanie Sloan said that CREW sent the letter to the Attorney General after learning that Gov. Fletcher had pardoned members of his staff to stymie the state prosecution. Sloan stated, "(It) is unconscionable for a Governor -- a person charged with upholding the law -- to blatantly violate the law and then pardon everyone involved. Given that Governor Fletcher killed the state investigation, it is now up to the federal government to ensure that neither the Governor nor his staff get away with their crimes."

Yesterday, Gov. Fletcher pardoned nine members of his administration, including his deputy chief of staff, for violations of Kentucky's merit system. Kentucky law provides that qualifications, not political connections, must be used in determining state employment. Governor Fletcher's actions effectively ended the investigation and prosecution of these violations by the state's Attorney General, Greg Stumpo.

In its letter, CREW explains that the Fletcher administration's employment practices violate not only Kentucky state law, but also federal law. The Supreme Court has held that the First Amendment of the U.S. Constitution forbids government officials from hiring, discharging or promoting state employees on the basis of their party affiliation. By making employment decisions based on political connections, the Fletcher administration violated this prohibition.

CREW also argues that by violating state employees' First Amendment rights, the Fletcher administration has also violated a federal criminal civil rights law. The law provides for a sentence of up to ten years in jail if two or more persons are found to have conspired to violate the constitutional rights of any person.

As a result, by conspiring to hire, terminate and promote employees based on their political connections in violation of the First Amendment, the Governor and members of his staff likely committed criminal civil rights violations, requiring the Justice Department to act.

For more information and a copy of the letter, please visit http://www.citizensforethics.org.

---

Citizens for Responsibility and Ethics in Washington (CREW) is a non-profit, progressive legal watchdog group dedicated to holding public officials accountable for their actions.

http://www.usnewswire.com/

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/© 2005 U.S. Newswire 202-347-2770/

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