An unfortunate oversight in Kentucky law protects Gov. Steve Beshear from criminal prosecution for overstepping constitutional limits on his power, but in March when illegal payments to his ObamaCare executive director in Kentucky accrue to over $100,000 his civil liability will grow harder to ignore.
In court documents, Carrie Banahan, the head of our health benefits "exchange" said her position was created on June 19, 2013 by executive order of the Governor. But that's when Beshear's original ObamaCare order expired under KRS 12.028 and he illegally replaced it (see KRS 12.028(5)). Banahan actually started work at the exchange in May. It's clear she and Beshear see the problem with her employment status.
By next month, Banahan will have been paid a total of $100,000 for a government job that can't legally exist. Restitution should be the least of our expectations.
The need to see this fight through to completion should be obvious. If we go quiet now, precedent will allow governors to create bureaucracies, write laws, levy taxes and spend money without regard for legal processes in place for hundreds of years to protect the voice of the people. We can't go out like this. Please take a moment to contribute to the effort by clicking here and donating what you can to keep this resistance going. Our opponents will be delighted to see me begging for help, which is exactly what I am doing. But they will delight more if we quit. Let's deny them that pleasure.
