I must say that I don’t see Kline’s logic here. Morrison may well have done something wrong, and if so, his enemies’ best move would be to sit back and let him fall apart on his own, and to force the Democratic governor to follow through with an investigation of the Democratic AG. Either way, the allegations will tarnish Morrison’s reputation, and if a fair investigation turns up nothing, his enemies won’t look bad as a result. On the other hand, no one will take the result of Kline’s investigation seriously. Morrison whopped Kline six ways from Sunday in the 2006 election, and it was a notably dirty campaign, with most of the dirt being tossed by Kline.
Furthermore, Kline has established a reputation as an investigator more interested in partisan effect and salacious detail than in what the law actually says. He spent years pursuing detailed medical records from family planning clinics, including psychological profiles and sexual histories of patients. The charges he ultimately filed were hastily tossed together and wound up being withdrawn before a court had a chance to toss them out. Similarly, he issued a demand that psychologists and nurses must report any evidence that teenagers were fooling around with one another. The professionals sued, and Kline lost. Indeed, he predicted he would lose, and would prevail on an appeal (but he didn’t). Kansas doesn’t need that sort of drama, it needs clarity.
If there’s been an abuse of power by Paul Morrison as state Attorney General or as county district attorney, the public has a right to a full and fair investigation. I don’t think anyone expects such a thing from Kline. I doubt even Kline expects such a thing from himself, and he certainly knows better than to think anyone else will see his investigation as fair and nonpartisan.
There is now a state agency investigating, and Governor Sebelius is apparently considering appointing an independent counsel to investigate as well. If Kline were smart, he’d keep clear. But he isn’t, so he won’t.