After I called Keeling’s B.S. out, he changes his story in less than 24-hours after his original story in a major way.

Nothing proves evidence of reckless and malicious disregard for the truth like changing your story in order to continue to make the same allegations.? And Keeling’s blog is a treasure trove of evidence of an intent to libel the Governor’s legal counsel in order to help his old boss’s fledgling campaign.

Yesterday, Keeling claimed Marcus was facing felony charges over the thwarted tobacco bust at the Governor’s mansion.? Today, it’s for an entirely different reason.? No explanation given for the switch.?

Keeling isn’t a lawyer,? and I doubt ever went to law school.? He doesn’t know his own State’s laws, let alone Ohio’s.

Of course the Governor’s legal counsel’s office has the authority to ask the Ohio Department of Public Safety (a Cabinet agency) to ensure that the State, and not local law enforcement, has jurisdiction to pursue a criminal matter.? Legal counsel making a jurisdictional inquiry is not criminal obstruction.

If Republican Franklin County Prosecutor O’Brien’s office is seriously considering pushing such a case, the County better be ready for being sued in federal court for malicious prosecution and civil rights violations.? O’Brien might want to ask the former Duke lacrosse prosecutor what happens when a prosecutor abuses his authority for political means.?

The mere fact that Keeling himself reports that the situation is that Marcus must either plea to some crime, any crime, or else O’Brien is planning on waiting until the fall before the elections to push some Indictment (which cannot possibly be resolved before the election) makes the entire thing reek of politics…. if?ANY of it is even true.

After all, what possible criminal charges could Marcus even face?? Marcus isn’t even alleged to have done any act that would qualify as Obstructing Justice as defined in the Ohio Revised Code.? The only other possible charge (and I’m being incredibly charitable) is Obstructing Official Business.? That’s a second degree misdemeanor that O’Brien would have no jurisdiction to prosecute in the first place!? (Never mind that the Governor’s legal counsel has a recognized legal privilege in making a jurisdictional inquiry to a Cabinet-agency without being accused of obstructing justice as a result!)

But even if Keeling’s own inability to keep a consistent story up is not enough to complete discredit his own slime, there’s even further evidence of how his posts are nothing more than a malicious attempt to libel Ken Marcus in the hopes that it will politically benefit John Kasich.? And it’s right there in a block quote on Keeling’s post today.? The Columbus Dispatch reported that the new reason Keeling claims Marcus is in hot water is a series of events that:

In the end, the investigation proceeded without interruption.

No interruption=no crime.? There’s a boatload of Ohio caselaw to that affect.? Ask any prosecutor or criminal defense lawyer.

To repeat, Ken Marcus has NOT been accused or charged with any crime, let alone a felony.? Every inconsistent story Keeling has offered to make such an accusation, there is statutory and amble caselaw demonstrating that there is nothing in which Marcus could possibly be charged with a crime.? And yet, Keeling keeps on suggesting things that are demonstratively false.

First, Keeling pretended to be an Ohioan.? Now, he’s playing lawyer.? He’d better get a real one quickly.? Because he’s stepped in it.

The only question is whether he could be sued in Ohio or must it be filed in Virginia where he lives?

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  • scottpullins

    There's actually an interesting case now in the Ohio Supreme Court about whether someone should be sued in Virginia or Ohio for libel. The Knox County Court of Appeals held that it should be heard in Ohio.

    Its Kauffman Racing Equipment v. Scott Roberts

  • Mike Nifong is the former prosecutor whose name you forgot

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