Steve Pence exercises prosecutorial restraint. By Derek Combs.

A reader, Derek Combs, former Chair of the Young Republican Federation and a former Chair of the Republican Party from Mt. Sterling, sent me this article that he wanted published on this site. Anyone who wants to have any articles published here can email it to me. Here is Derek's post. Tell him what you think about it by commenting below::

An Editorial Article in a recent issue of the Lexington Herald Leader (July 2, 2006 Sunday Paper) prompted me to write this article. I was somewhat surprised by the article, as it was presented. The article was entitled: FRIGHTENING MISUSE OF FEDERAL POWER. It should have been entitled, "Federal Prosecutor Exercises Prosecutorial Restraint" or it could have been entitled, "Steve Henry Pleas Guilty to Federal Charges" or it could just as easily have been titled:"Frightening Misuse of the First Amendment".
The article as it appeared in the Herald Leader was very much a "Puff Piece" for Steve Henry and an attack piece on Mr. Steve Pence.
The bottom line facts are these:
First, Steve Henry entered the agreement with the United States five months after Mr. Pence left the United States Attorney's Office. It is an unfathomable stretch to allege that this case was "Politically" motivated. Why? Because Steve Pence recommended AGAINST CRIMINAL PROSECUTION Or Criminal Indictment. The civil matter was settled by another US Attorney months after Pence left office and it had the approval of the U.S. Department of Justice. Now, Mr. Henry denied any intent to defraud. However, he did acknowledge that he received payments from Medicaid and Medicare to which he was not entitled and for services that he neither performed nor supervised. Mr. Henry not only paid a restitution, but agreed to pay a penalty which was twice the amount of the loss. Those are the facts. Now, here is my article:

Steve Pence Exercises Prosecutorial Restraint.
Steve Pence is married to Ruth Ann Cox. Ruth Ann is a partner in the law firm of Pedley, Zielke, Gordinier & Pence in Louisville. Ruth Ann earned her Bachelor of Arts degree with Highest Honors in political science from the University of Louisville and her Juris Doctor from the Brandeis School of Law. She was admitted to practice law in Kentucky in 1984 and in Texas in 1993. Ruth Ann worked for several years in private practice and as the head of legal services for a public company before returning to private practice where she remains today. Ruth Ann is a member of the Metropolitan Republican Women’s Club in Louisville where she served as secretary for two years and president for two years. She is a member of and teaches Sunday School at St. Mark United Methodist Church in Louisville. She is also a devoted runner.
Steve Pence is an accomplished former Federal Prosecutor and accomplished attorney in his own right. Steve Pence gives money to good causes and favors free speech as well as individual constitutional rights.
If this guy could be unfairly targeted by local paper editorials, what do you think could happen to you?
That question can't be tossed aside because Pence is also the Lieutenant Governor and clearly could be a candidate for some future office.
In 2002, it came to the attention of the U.S. Attorney's Office that Mr. Steve Henry, in wreckless disregard of the truth, falsely submitted or caused to be submitted a substantial number of claims for payment to the Medicare and Medicaid Programs. It also came to the Federal Governments attention that between October 1996 and February 2001, Dr. Henry billed and caused others to bill Medicare and Medicaid for surgeries when he was not present or immediately available for these surgeries. The Government concluded that it had certain administrative claims against Dr. Henry for engaging in the covered conduct. The full details of the United States' case were set out in a complaint, a full copy of which is available.
Despite all of the evidence that mounted against Dr. Steve Henry, then-U.S. Attorney Steve Pence recommended against criminal prosecution. Mr. Pence did acknowledge that Dr. Henry's misconduct was serious, systematic and showed a wide-spread pattern by Dr. Henry.
With all of this information and evidence in hand, Steve Pence recommended against criminal prosecution. Mr. Pence chose not to ask for a criminal indictment because the matter was best handled civilly.
Henry admitted that he and/or his office was guilty of the charges by settling with the U.S. Government. He not only paid resititution but agreed to pay a penalty which was twice the amount of the loss.
Years after this action, no one has mentioned any misconduct on Mr. Pence's part...until the Herald Leaders Editorial on July 2nd, 2006.
According to the Lexington Herald Leader: "One person who worked in the same area as Henry has been indicted. In late May, a woman who supervised the billing operations during the time of Henry's questionable billings, pleaded guilty to six counts of fraud for embezzling more than $74,000. She faces up to 60 years in prison and a $1.5 million fine. Last week, the office of U.S. Attorney David Huber in Louisville issued a written statement in response to questions about these two cases and declined further comment. The statement said Huber's office is "satisfied that there is no connection" between the cases.
I would think that Steve Pence could rightly conclude that the Herald Leaders Editorial may have exacted some political damage to him personally. I'm sure the Herald Leader would claim that to be absolutely false.
Whatever the motive, it seems clear that Pence was singled out by the Lexington Herald Leader and accused publicly with very little reason.
That is scary.
It's not scary because it might affect Pence's political career. It's scary because it could happen to anyone.
Free Speech and Freedom of the Press is a wonderful, elegant right of the American People, powerful enough to protect our rights even from the government itself. It is wrong and dangerous to misuse.