tillermania V: containment (UPDATE: mckinney files to reinstate charges)
The Phill Kline/George Tiller situation has become the classical containment scenario: Cut off all means of escape and then clam up.
Governor Sebelius issued her mild comments the other day, and Paul Morrison’s been short-winded on the matter for a while now, although he got in a few more pops yesterday.
Former Attorneys General Carla Stovall and Bob Stephan, who both took shots at Kline during the campaign, each shared their thoughts on the latter’s appointment of a special prosecutor (and ersatz anti-abortion protester):
Stephan, who served as attorney general from 1979 to 1995, and Stovall, who served from 1995 to 2003, said a special prosecutor would be needed only if: the office had a conflict of interest in a case; the office had a manpower issue; or if there was a need for an expert.
For example, both cited the need to hire outside prosecutors when the attorney general’s office sued neighboring states over water rights.
“There was no one in the attorney general’s office that was an expert in water law,” Stephan said.
And Steckline said she didn’t believe the attorney general’s office has people on staff who lack the expertise to deal with this case. In fact, she said, she hired Senior Assistant Attorney General Stephen Maxwell, who is on Kline’s staff.
“I would think he would be more than capable of handling any criminal action,” she said.
Stephan said that an attorney general can appoint anyone as a special prosecutor, but the selection has little import until responsibilities are detailed.
“In my opinion, it would not be effective until a contract has been entered into, spelling out the responsibilities and the hourly rate.”
Steckline said that even if a contract isn’t in place with a special prosecutor, an attorney general should try to find out some general information about issues such as finances when making such an appointment.
“It would not be a good business practice, obviously, to not have that nailed down ahead of time,” she said.
Some things to note here — both Stovall-Steckline and Stephan are Republicans, and Stephan is a solid conservative. In fact, Stephan worked on Kline’s campaign, until evidence came to his eyes regarding possibly-irregular or unethical fundraising practices.
Morrison may or may not have gone native, and he was on the receiving end of the nastiest stuff in the campaign, so any “lashing out” by him is understandable. Stovall and Stephan, however, are not running for anything and have no “base” or partisan benefactors to placate. When one hears the same criticisms coming from experienced attorneys on all sides, however, there is likely to be something to them. Paul Morrison, whatever his political affiliations may have been or may be now, is a good lawyer. So are Carla Stovall and Bob Stephan. Phill Kline, as I believe the evidence has shown, and as a large majority of Kansans decided, is not. Good, honest lawyers typically police the profession, and I view their comments in that context.
Kline has hurt his pet cause more than he knows. He has now made it politically impossible for a good Attorney General or district attorney to prosecute any legitimate crimes relating to abortion in this state, assuming they exist. The usual suspects come out of the woodwork even then. Neither Morrison nor any other prosecutor in this state is going near any of these charges, whatever their merits. What then when such a case does arise?
UPDATE: For some reason I just can’t get enough of abortion politics: Don McKinney, the special prosecutor, filed a motion in Sedgwick County to have the charges reinstated. This is going nowhere. If Kline — who was elected to his post — didn’t have jurisdiction, then the unelected McKinney is not going to have it either.
And did somebody say something about jeopardizing sex crimes investigations?
Neil on 
12.31.2006 @ 08:12
Disclosure: I’m pro-choice, but of the “legal, safe and rare” sort.
Something I find myself wondering, in reading and thinking about all this–especially in light of the governor’s recent (post-election) comments–is what conversation, if any, there was between Sebelius and Kline (or their offices) when Kline decided to launch his investigation in the first place. Granted Kline’s duty to enforce the state’s laws, his stated reasons for supoenaing (sp?) these records seemed so transparently specious from the get-go that it had to have unofficially raised some offical eyebrows. I’m saying all of this out of ignorance regarding the question of gubernatorial oversight of the AG’s office, but it strikes me that there has to be a story behind this story. Or maybe Sebelius is of the give-’em-enough-rope variety when it comes to such politically-awkward moments.
It also strikes me, given your post’s last paragraph, that Kline’s zealousness is of a piece with regard to the Religious Right’s invention and promotion of Intelligent Design. The Church has a legitimate–even a vital–place in American life, especially in the arena of discussions of the implications of scientific and technological advances on our understanding of what it means to be human. But ID has only served to make that place suspect in the eyes of many . . . which really, really ticks off this practicing Lutheran.
Sorry to end up writing a post in your comments secion.
12.31.2006 @ 09:12
No worries. All human non-spammers are free to speak their minds, no matter how long it takes to do so.
Now, I’ve reviewed the relevant statutes, and they are really unclear as to whom can direct who to do what. I assume that there is extensive case law on the subject to which I am not privy (because really, isn’t the apportionment of powers an area in which you’d want as much ambiguity as possible?).
The only statute which explicitly enjoins the Attorney General to go over the Governor’s head is in cases where someone takes an elected office who is not qualified. As I mentioned previously, the statute/case law which requires the Attorney General to consult with the several DAs before filing cases in their jurisdictions is cut and dried.
No, I think it was a political calculation on Sebelius’s part. She may or may not have had the power to order Kline not to pursue this case, but she also knows that he’ll be gone in a matter of days. A move to prevent Kline from doing what he’s doing will serve only to further aggravate the people supporting him in it. She also knows Morrison isn’t touching it, being presumably near the top of the Kansas Democratic Party, the machinery which got him elected in the first place.
01.08.2007 @ 07:38
All Hail The RINO Sightings!…
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