Newspapers ask court to release secret report, Attorney for Fletcher official asks court to keep report secret. Amazing.
In case you have been following the secret report that many have speculated on here, which allegedly reveals unethical conduct on the part of Steve Beshear, you'll be amazed to read the latest update.
As you may recall, the Courier-Journal and the Herald-Leader have gone to court to get the report release. Well, today we find out that Jill Endicott, the Attorney for the current liquidator of Kentucky Central Julie McPeak, who is the executive director of Gov. Fletcher's office of insurance, argued that the newspapers don't have the right to intervene in the case or ask for the document, which could be considered private under attorney-client privilege.
YES, you heard it right; while Steve Beshear wants the "secret" report release, someone in Fletcher's office, who had a prominent role in the affair wants it kept secret.
Amazing, isn't it?
Like I have been saying until I am NOW blue in the face, show me the facts or quit your speculating.
As you may recall, the Courier-Journal and the Herald-Leader have gone to court to get the report release. Well, today we find out that Jill Endicott, the Attorney for the current liquidator of Kentucky Central Julie McPeak, who is the executive director of Gov. Fletcher's office of insurance, argued that the newspapers don't have the right to intervene in the case or ask for the document, which could be considered private under attorney-client privilege.
YES, you heard it right; while Steve Beshear wants the "secret" report release, someone in Fletcher's office, who had a prominent role in the affair wants it kept secret.
Amazing, isn't it?
Like I have been saying until I am NOW blue in the face, show me the facts or quit your speculating.
Labels: Democratism, Keeping them honest, Kentucky politics, Public Service, Republicanism
posted by KYJurisDoctor at 2:08 PM
14 Comments:
If you are referring to McPeak as the Fletcher official, I think that is a bit of an over statement. She has been at KOI as an attorney previously for over nine years. On its face, it looks like the Governor appointed a qualified individual who had been in one or two democrat administrations. As an attorney, she may not like the precedent of turning over court "privileged" documents to the news media.
Don Stephens, former Insurance Commissioner, doesn't remember the 90 page report HE ordered. Managing partner Steve Beshear doesn't either and Judge Graham ain't talking. Osi just ain't too bright about such things now is he?
anon. 6:49: I guess I'm NOT, as you are PLAINLY referring to either CORRUPT practices or engaging in SPECULATIVE, UNFOUNDED AND UNSUBSTANTIATED wild accusations just to SMEAR somebody's character for political gains!
anon. 3:04: As a non merit employee, she was retained by Fletcher. As such, she is by definition a Fletcher official. If you can tell me that she is someone else's -- like Bush or some other Chief Executive -- then I'll gladly accept my mistake. Until then, she sounds like a Fletcher official to me.
As for privileged information, I'm NOT so sure.
The judge ordered the investigation, and Beshear's law firm paid for it. Sounds to me, these two parties own the product!
Could Beshear's firm have revealed privileged information as a part of the report, maybe.
But if they have been revealed as a part of the investigation, how could any privilege CONTINUE to be attached to them?
It is IRONIC to me, though, that Beshear wants it released and someone else (who should be asking for the release, if there is something in it DAMAGING to Steve Beshear) ISN'T!!!
When and where, citation please, did Beshear make the statement that he "wants it released?"
Osi are you sure McPeak was non-merit? If so, one more case of Fletcher not even rewarding supporters when he had every right to do so.
The position of Executive Director is non-merit!
anon. 9:14 PM: I do NOT make up facts as I go along to meet my pre-concieved notions or ideas or conclusions. Here is the link:
http://polwatchers.typepad.com/pol_watchers/2007/09/candidates-for-.html
Click here to read it.
Heck you don't have to go read it anywhere else. I'll post it here for you to read in its ENTIRETY:
"Candidates for governor argue ethics on Kentucky Tonight
The two candidates for governor argued bitterly on statewide television last night, accusing each other of misleading voters about their past actions and future plans.
Republican Gov. Ernie Fletcher and Democrat Steve Beshear turned the normally staid Kentucky Tonight program on Kentucky Educational Television into a shouting match at some points as they questioned each others integrity and picked apart their policy proposals.
The hottest point of the program came as Beshear highlighted Fletcher’s indictment by a grand jury on charges of illegally hiring and firing protected state workers based on politics.
“Ernie has demonstrated his values,” Beshear said.
An angry Fletcher confronted Beshear as he accused the governor of accepting a “plea deal” to avoid a trial.
Fletcher contended the charges were dropped, but Beshear pointed out that Attorney General Greg Stumbo only agreed to dismiss the charges after Fletcher accepted responsibility for any wrongdoing and agreed to replace his appointments to the state Personnel Board.
As Fletcher protested, Beshear peppered him with questions: “The people understand that you were indicted. That’s true, right? And that you pled the fifth. That’s true isn’t it?”
Not waiting to hear Fletcher’s explanation, Beshear nodded and said, “We understand.”
Finally, host Bill Goodman told the two to “take a breath” as he asked them to explain how they intend to reduce smoking rates in the state.
Later in the program, Beshear said the hiring investigation had “paralyzed” state government and “dampened enthusiasm” for the state’s top two education posts, which are currently filled with interim chiefs.
“People don’t want to come into this atmosphere,” Beshear said. “It’s time that we clean this up and clean our image up.”
Fletcher, who ran in 2003 on a platform of cleaning up Frankfort, said he has done just that. He contends his administration has seen fewer personnel complaints than any other governor in the past 24 years.
Fletcher went on the offensive at several points, saying Beshear’s stances on casino gambling, abortion and domestic-partner benefits don’t sit well with most Kentuckians.
“You’re out of step with their values,” Fletcher said.
At one point, Fletcher referred to a new Herald-Leader/Action News 36 poll that shows a plurality of Kentuckians oppose casino gambling to support his point.
“What kind of ethics reform does he want? He wants to bring in casinos — the Gambino family,” Fletcher said.
Since the poll showed Beshear with a 17 point lead in the race, Beshear said he believes “people kind of look at my values and say ‘I’m like him’ and they don’t accept your values.’”
Fletcher also questioned Beshear’s work as an attorney on the liquidation of Kentucky Central Life Insurance Co.
His law firm, Stites & Harbison, performed the largest chunk of work on behalf of the court-appointed liquidator of the company during its multi-billion dollar collapse in the 1990s. Stites & Harbison billed $21 million in fees for that work.
At a $130 hourly rate, a single lawyer would have to work 77 years to bill that amount, Fletcher said.
“Talk about being on the gravy train,” he said.
Of course, multiple lawyers worked on the case and Fletcher’s own insurance commissioner has retained Stites & Harbison to handle ongoing litigation as the Kentucky company’s liquidation continues.
“We did one heck of a job,” Beshear responded. “Kentucky Central went bankrupt and then the government took it over and asked us to come in and represent them.”
However, a secret ethics investigation of Stites & Harbison’s role in one aspect of the Kentucky Central case wasn’t publicly disclosed until last week and still remains under wraps.
After the program,
Beshear said he wants the investigative report to become public and said he doesn’t expect Stites & Harbison to oppose a request by the Lexington Herald-Leader to release the report."
- John Stamper
Any other questions?
Read today's Herald Leader Osi Can't wait for your spin.
anon. 6:28: I do NOT spin. I leave it to others like you.
The wild speculation ont his site is that a "Fletcher official" wants the document kept sealed, and that therefore Fletcher wants it sealed. Until you can show us a document, or sworn testimony (You know that kind that are available about Stites invovlment in selling the KC securities), that Fletcher directed counsel for the insurance commissioner to oppose release, you have engaged in the worst kind of character assination.
There was NEVER a statement in the above post to support your assertion.
I said the attorney for the Fletcher official (and yes, she is a Fletcher official, whether or not you choose to IGNORE that FACT) wanted it sealed.
There was NO mention of Fletcher himself. You made that GIANT leap yourself. Maybe you have more intimate knowledge of that kind of information/fact than I do.
Folks, I can ONLY post them for you to read; I CANNOT also read them for you!
Since Beshear's law firm is opposing the release until it can first read the report of investigation, your reliance on debate alleged statements is misplaced. While releasing the report may be politically advantageous for the political reasons, it may not be good legal precedent. Thus it lets you make inferences that may not correctly reflect the situation. You would make a good editor for Media Matters.
OK. Thank you, for whatever it's worth.
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