Bevin’s pardon recipients could face federal prosecution, US attorney says

Bevin’s pardon recipients could face federal prosecution, US attorney says

Former Gov. Matt Bevin’s controversial pardons are raising concerns with the U.S. Attorney’s Office for Kentucky’s Western District, which said Tuesday it could seek to bring federal charges — if warranted — against any pardon recipients.

U.S. Attorney Russell Coleman said Tuesday he is particularly concerned about the “risk to the public by those previously convicted of sex offenses, who by virtue of the state pardon, will not fall under any post-release supervision or be required to register as sex offenders.”

Coleman’s announcement comes days after The Courier-Journal learned of a possible FBI investigation into the more than 650 pardons and commutations Bevin issued in his waning days in office.

The Courier Journal reported last week, citing two sources with knowledge of the inquiry, that an FBI agent had spoken with a state representative about Bevin’s pardons. An FBI spokeswoman declined to comment.

Coleman said in an emailed statement that his office would review any cases brought by commonwealth attorneys or law enforcement agencies “and examine through the lens of the statute of limitations, double jeopardy, and evidentiary requirements to determine if it meets Department of Justice standards to then aggressively prosecute if it meets Department of Justice standards to then aggressively prosecute.”

The rare act of bringing federal charges against those granted a state pardon would need approval “by the highest levels at the Department of Justice in Washington, D.C.,” Coleman said.

A spokesman for Coleman’s office could not confirm or deny whether the office has received any cases for review.

Jeff Cooke, assistant commonwealth’s attorney for Jefferson County, said Tuesday it’s too soon to say whether his office would refer any pardoned cases to federal prosecutors.

Bevin, a Republican, issued more than 650 pardons and commutations between his Election Day loss to Beshear and his final day in office.

His flurry of executive orders was applauded by some for showing compassion and righting injustices. But several pardons and commutations have ignited sharp criticism, as well as calls for a federal investigation and a proposed constitutional amendment to limit future governors’ ability to issue end-of-term pardons.

Bevin’s most controversial pardons include a man convicted of murder whose family raised more than $20,000 for Bevin at a political fundraiser last year, the son of a state representative who had donated to Bevin’s campaign, and a man convicted of raping a young girl.

By Jonathan Bullington and Matt Mencarini
Louisville Courier Journal