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?
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