GOP lawmakers file appeal to halt Troopergate case
Originally published Friday, October 3, 2008 at 4:55 p.m.
Updated Friday, October 3, 2008 at 6:11 p.m.
Digg
delicious
Facebook
Mixx
Reddit
Stumble It!ANCHORAGE, Alaska -- Six Alaska lawmakers filed an emergency appeal Friday asking the state's Supreme Court to halt an investigation into abuse-of-power allegations against Gov. Sarah Palin before the findings are released next week.
The independent investigator conducting the probe plans to turn over his conclusions by next Friday to the Legislative Council, the body that authorized it. The six Republican lawmakers, who are not on the Legislative Council, claim the investigation is being manipulated to damage Palin before Election Day on Nov. 4.
Late Friday, the Supreme Court accepted the appeal and scheduled oral arguments for Wednesday in Anchorage.
The probe is looking into whether Palin, who is the Republican vice presidential candidate, and others pressured Public Safety Commissioner Walt Monegan to fire a state trooper who was involved in a contentious divorce from Palin's sister and then fired Monegan when he wouldn't dismiss the trooper. Palin says Monegan was ousted over budget disagreements.
Five Republican lawmakers sued to block the investigation or remove its overseers and were later joined in their lawsuit by a sixth legislator. But the lawsuit was dismissed on Thursday by an Anchorage judge.
Superior Court Judge Peter Michalski said the Legislature has the ability to investigate the circumstances surrounding the firing of a public officer the lawmakers had confirmed.
Plaintiffs' attorney Kelly Shackelford said Friday that Michalski overlooked the legislators' assertion of bias and conflict of interest by the investigation's overseers. He said that alleged bias violates a provision of the state constitution that says legislative and executive investigations cannot infringe on a person's right to "fair and just treatment."
The legislators are asking for an expedited appeal process so that a decision can be made by Thursday's close of business.
Defense attorney Peter Maassen said the Legislature is free to conduct an investigation as it sees fit and the judge's ruling confirmed the separation of power principles. An emergency appeal is unwarranted, he said, because by next Thursday the investigation will have already be completed - all that will remain will be to make its findings public.
"There's been no time in history that a court has suppressed the outcome of a legislative investigation," Maassen said.
Michalski also threw out a lawsuit filed by Palin aides seeking to dismiss subpoenas compelling their testimony in the investigation. The aides had argued that the subpoenas should not have to be honored because they should not have been issued.
It was not clear if those aides would join the appeal. Governor's spokesman Bill McAllister said Attorney General Talis Colberg has not yet spoken with the aides since the ruling was made.
Palin pledged her cooperation with the probe until she became Sen. John McCain's running mate. She has said through her lawyer that she only will cooperate with a separate investigation, one that she calls unbiased but is conducted in secret and can last for years.
Maassen represents Senate Judiciary Chairman Hollis French, the Democratic project manager of the investigation; Sen. Kim Elton, Democratic chairman of the Legislative Council; the investigator, retired prosecutor Steven Branchflower; and the Legislative Council.
French said Sept. 2 that the results of the investigation could constitute an "October surprise" for the McCain campaign. He later apologized for the remark, but Palin's lawyer has said the biased impression it created can't be undone.
Community Discussion
Newsminer.com doesn't necessarily condone the comments here, nor does it review every post. Read our full user's agreement.
The legislative commitee that started the investigation is composed of a majority of Republicans and yet here we have other Republicans claiming this is some kind of political action taken against Palin.....by her own party?
Riiight.... That's the strangest case of "partisanship" I've ever seen in my decades on this ol' green Earth.
All I can figure is the GOP politicians so intent on closing this down before it becomes public must have some inkling of something particularly juicy coming out of it and are afraid what a factual finding might do to Palin's Polly Purebred image. So much for the often heard claim that the Republicans stand for law, order, and justice.
Impossible, dobieman!
Republicans are the 'Party of Personal Responsibility and High Moral Values'. At least that's what the politicians tell us...
It would matter not if the case ultimately vindicates Palin, liberals will think what they want, that she is guilty.
Hypocrisy. That is what the Republicans are so good at. Actually some are good, honest principled people...but far too many aren't and claim that they are.
What I want to know is WHY they haven't named the legislators who are bringing on this suit? They've named the people who they are suing, including the investigator that was hired by the 8 Republicans and 4 Democrats on the committee. Could it be because they know damn well that their constituents do not want this investigation stopped, that Palin said that she would cooperate and would run an open and transparent administration (ha), and that Alaskans want everyone to come clean and be honest?! Why is the court and media protecting the identity of these wasteful legislators? C'mon you big, brave red necks - show yourselves in the light of day. Or are you like a bunch of cockroaches, afraid of the light?
It is painfully obvious that Governor Palin has something to hide, and whatever she has to hide is something that will hurt the McCain candidacy. Otherwise, McCain wouldn't have sent his hired guns to Alaska to stifle justice. Bush and Cheney used their Republican cronies in Congress to break the law....McCain and Palin appear to be no different. She's just Cheney-in-a-skirt.
I found the 6 legislators who are suing - they are Mike Kelly, Wes Keller, Fred Dyson, Tom Wagoner, Carl Gatto, and Bob Lynn.
Anyone know how much a Legislator is going for nowadays? Just in case I get a little extra coin I would like to buy myself a couple in case I ever get in trouble.
The real title of this article should read "McCain campaign files appeal to coverup Troopergate case in response to falling poll numbers."
Liars liars liars.
And why does it not surprise me that Mike Kelly leads the list of lawmakers filing this appeal. He doesn't belong on the ballot, he belongs on the 4th floor of FMH.
Let the investigation continue. Let Sarah Palin be found innocent. It is not going to make a hill of beans difference in the election. Our country is going down the tubes with B.H. Obama as President. It wouldnt matter if they found she could walk on water, they are going to lose and Obama is going to be our next President. Get used to it folks, we are in for some seriously bad times. America had a chance for some sense with Ron Paul, but chose not to get someone with some integrity and knowledge to run our nation.
There we have it! next time don't vote the following chicken noodles-Mike Kelly, Wes Keller, Fred Dyson, Tom Wagoner, Carl Gatto, and Bob Lynn. As poeple of this free world we need to vote only for goodness. The Republicans are the reason we are in this sinking boat.
($95,000 + I wonder what the total figure will be ? I am glad all the Mistakes I have made didn't cost as much as this one "Per mistake", I couldn't afford it . I would be forced monetarily , to quit making mistakes . I would have to do that all on my own .
I think that as Alaskans we should support Sarah Palin. She has done a good job for our state. She takes care of the little issues, as well as the big issues. As Governor she has worked for the best interest of the state. I believe that as vice president she will work for the best interest of the people of the United States. I do not understand the people in Alaska that are against her. If you don't want to vote for her then don't vote for her. But why protest and put her down. She fought so that each Alaskan could get and extra 1200.00, what other Governor would have done that? Those who are against her probably didn't send back the money in protest. We have a chance to put someone from our state into the Vice President seat, why are we not all behind this incredible effort?
hi_there, I am pretty sure the people of Texas felt the same way about Bush, Oh wait maybe they just wanted him out of Texas.
Well if Mike Kelly is one of them then that explains it for me ...lol. He raped GVEA, and you in the process, so now he is on a new mission I guess.
Palin ... well there is another sad story. What an embarrassment. Look how quickly she has dumped Alaska. A total idiot, which she is in my opinion, could be popular in any state with the same wealth we have.
Being Alaskan does not mean we have to vote for Palin, nor should we after seeing what she has and has not done for this state since becoming Governor. What I know for sure is she is vindictive and quite the liar. She claims she would cooperate with the troopergate investigation, ask her the hard questions, she did no wrong, has nothing to hide, doesn't even know what goes on in her own administration apparently since she supposedly didn't know her hubby and people in her administration contacted Monegan or the troopers about her ex brother in law two dozen times. Don't forget she also said she nor her administration ever put pressure on Monegan to fire the trooper. But oops when Baileys recorded call surfaced she had to change her story. And I would love someone to tell me why Bailey got a paid vacation instead of losing his job? She has changed her story at least 3 times about why she fired Monegan. Wasn't the first lie good enough? She replaced Monegan with Kopps, another poor decision. Watch his resignation video on youtube. That was quite telling. She has 3 ethics complaints ongoing. Her buddy and appointee dept. of corrections Commissioner Schmidt got a public overwhelming no confidence vote and she still supports him 100%. With the budget cuts to public safety we now have unmanned units in our correctional facilities. Our public safety workers already have enough stress without being so shorthanded. Would you like to hazard a guess what happens when someone is seriously injured or killed in one of those unmanned units?
Check out her involvement in the Mat Maid scandal too.
She ran on a platform of truth and transparency in government and public safety. She has failed on both. Her numererous lies on are video for all to see. Check them out for yourself. She cut public safetys budget by 10%, yeah that makes me feel safer.....NOT. She has been an embarrassment to herself and all of us repeatedly so. No I will not condone or support her LIES! About our $1,200, that is my business, Palin cannot buy my vote. That really makes all you Palin supporters so mad that we got the same money as you yet we won't vote for her. Did you contribute yours to her campaign since you're so vested in her winning? Ridiculous! Don't blame me because you don't want to know the truth or you support and condone her lies. I am an American first, Alaskan second.
I am an American first, Alaskan second. SandyAK
Good to know Sandy. I guess you never had a history class that described how America was formed. We are the United STATES of America. A group of STATES that formed together for their mutual defense. That is why this country was born.
My question is why is this Trooper still employed? More lefties are concerned about a political appointee who does not perform to the requirements set forth by his/her boss than the continued employment of a menace to society.
NoDemonCraps: Because the trooper in question was investigated, found to be at fault in some things, and punished accordingly.
A true Alaskan will support an Alaskan first, especially if they are doing a good job. Some people are so negative, they attempt to push that negativity on to others. She is doing a great job. If you want to find faults with others I guess you can find them in everyone. I suggest those that unhappy with Palin send back their 1200.00 to the State of Alaska in protest of her candidacy, that would really make a statement. Palin is a hardworking successful person, let's not show any envy.
The End of the Republican (crooked) Party. Read the lead story in the NYT: http://www.nytimes.com/2008/10/05/magazi....
In Alaska it is the corrupt bastards club. In America it is the moribund Bush and the incompetence.
Anyone in Alaska who is choosing to run in this party is either corrupt or stupid. Of course it will take another two years for Alaska to figure it out.
Anyone in Alaska who continues to vote for this party is voting for their own self destruction. The party chair is corrupt, the Governor is not home, and now the far right wing of the legislature is working for the Republican National Committee saying the Legislature does not have the "right" to examine the Executive.
Jeeze they were the ones who initially said to investigate and the ambitious Governor encouraged them to examine herself.
Of course the Court has the obligation to pick up the issue, but are we the people being stuck with the bill?
I forgive all the Republican Candidates who are caught up in this Kafka obscenity, but if you have any moral ground drop out especially Ms. Henry and Ms. Hull.
Ramras, Coghill, and Kelly are already part of the problem.
What a mell of a hess!
So hi_there then anyone who give you $1200 is doing a great job right? LOL. That is precisely the mentality I am complaining about.
I can beat your mother but if I give you $1200 then it is OK ...LOL.
Palin has done zip for Alaska's good but she has pounded a pile of money down a hole ... that $1200 come to mind right off the bat.
Same liberal posters, saying the same thing every day. I'm starting to feel sympathy for some of you. Your entire life seems to be caught up in hatred for Palin, McCain, Bush, Cheney, any elected Republicans, and most of your Republican neighbors. No Republican ever did a damn thing that you approve of. No Democrat ever crossed the line.
I'm not pretending to be a saint. I've insulted a few of you, though I try to be a little more clever than to say "You're stupid". But I try hard not to. I've deleted many, many posts of mine because of they were personally insulting.
I dont like the politics of the former community organizer Obama, but I dont know him and I have never spat the venemous hatred that I hear from some of you. Admittedly, some of my conservative brothers and sisters also get carried away, and that also disappoints me no end.
This election is obviously so important to us all. I know that politics isn't patty cake for the actual participants. It's a blood sport. But it shouldn't be that way for us voters. Calm down, look at what you espouse, and ask yourself "Is this who I really am? A hate filled purveyer of the latest rumor? A human National Enquirer? Or do I want to be someone who can discuss and debate without the name calling and insults toward my fellow citizens?"
The only reason Sarah Palin and others (legislators and private citizens who have filed lawsuits) object to this investigation is because Hollis French has hijacked the investigation to accomplish his personal goal of discrediting Sarah Palin. He is using it as a tool to try to keep Palin from being elected. This investigation is not impartial. It is being used as a political ploy. That is the basis of the complaints - not the claim that the legislature does not have the "right" to investigate the governor. No-one would have objected if it had been conducted fairly and impartially.
My beef, alaskaflower, is that nobody claimed unfairness or lack of impartiality until after she was appointed as a VP candidate. Nothing else changed, but all of a sudden, the investigation was a witch hunt, despite all of the bipartisan support. What changed? And for the record, I am an strong conservative, but that doesn't mean I blindly support unethical behavior, no matter which side of the aisle it comes from.
Palin has done a lot more, and she has just begun.
Post a comment
Commenting requires registration.