‘Great irregularities.’ Kobach calls on Marshall to release affidavit in 2008 case
Kris Kobach has called on Rep. Roger Marshall to release the probable cause affidavit in a 2008 criminal case in which Marshall’s conviction for reckless driving was later reduced to a lesser charge.
“There were great irregularities in how this case was handled, all in an apparent effort to conceal from the public what Roger Marshall did. I call on Marshall to release the probable cause affidavit. Voters need to know what happened,” Kobach said in a Sunday email to The Star before posting the same comment on Twitter.
Kobach, the former Kansas secretary of state and 2018 Republican nominee for Kansas governor, and Marshall, a congressman who represents western Kansas, are among the candidates vying for the GOP nomination to succeed retiring Republican Sen. Pat Roberts.
Kobach’s effort to pressure Marshall follows The Star’s reporting on the personal connection between Marshall and the Barton County assistant prosecutor who handled the case. Carey Fleske, the prosecutor, is the son of Marshall’s business partner and neighbor.
Marshall pleaded no contest to reckless driving in 2008 after a battery charge related to the same incident was dropped. Weeks later, Marshall had his conviction erased and replaced with a minor traffic infraction at Fleske’s request.
The Star had asked Marshall’s campaign to release a sealed affidavit in the case before publishing its story Sunday. Marshall as the defendant has the power to release the affidavit that supported the initial charges.
The request was rejected by the campaign, which dismissed the case as an inexpensive traffic ticket and the connection to the prosecutor as a fact of life in small town Kansas.
Marshall’s campaign responded to Kobach’s call that he release the affidavit by jabbing Kobach on one of his own legal headaches.
“We aren’t going to play games with a two-bit attorney who was ordered by a judge to take remedial law classes,” said Eric Pahls, Marshall’s campaign spokesman.
Kobach was ordered to complete six hours of continuing legal education training on civil procedure after a series of stumbles in federal court when he defended his office in a lawsuit in 2018. Kobach was found in contempt of court and saw his signature policy, a proof of citizenship voting law, struck down in the same case.
“Kris is desperate to distract from yet another flailing campaign, so he’s talking about a 12-year-old frivolous traffic ticket. We’ll stick to issues that actually matter to Kansans.”
This story was originally published June 22, 2020 at 11:29 AM with the headline "‘Great irregularities.’ Kobach calls on Marshall to release affidavit in 2008 case."
