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Ex Alaska AG: Palin's Legal Strategy is Bogus

It looks like Sarah Palin's legal strategy in the Trooper-Gate investigation may not hold much water.

In a complaint filed this week with the state Attorney General, Palin's lawyer argued that only the state personnel board -- whose three members are appointed by the governor -- has jurisdiction over ethics complaints. The lawyer, Thomas Van Flein, asserted that unless the legislature's investigation were called off and the matter handed over to the personnel board, Palin would not be made available for her deposition.

But an expert we spoke to shot down that argument. John Havelock, a former Alaska Attorney General, told TPMmuckraker: "The investigative power of the legislature is plenary." In other words, the Alaska legislature can investigate whatever it likes. Said Havelock of Van Flein's argument "It's not likely to be persuasive to a court." That opinion was echoed by several other Alaska lawyers that TPMmuckraker spoke to.

Havelock, a Democrat, added that the legislature could voluntarily choose to hand over the investigation. But is has shown no sign of making that choice. Hollis French, the Anchorage Democrat who heads the bipartisan committee overseeing the probe, responded to Van Flein's filing by telling the Anchorage Daily News that the investigation would go ahead as planned.

It's likely, of course, that Van Flein's argument isn't designed to ultimately hold up on the merits, but rather to drag out the investigation. That impression was re-inforced yesterday when a lawyer for ex-Palin aide Frank Bailey abruptly cancelled Bailey's scheduled deposition. The lawyer today cited uncertainty over the jurisdictional issue as a reason for the cancellation.


29 Comments

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Drip, drip, drip

Here's what I don't ge. Why is she stalling the investigation? Stalling guarantees this will be a story until the very day of the election.

Why is she doing this? My understanding is that even if the investigation were to make a worst case finding against Palin, it still wouldn't be that bad.

As I understand it (and I may be wrong), as Governor, she has the right to fire anyone for any reason. There wouldn't seem to be any criminal liability even if the investigation were to find she fired her safety commissioner for no other reason than personal payback. Sure, the safety commissioner could sue her, but so what.

I think the drip, drip, drip hurts her more than any eventual finding. Of course, the timing of finding is REALLY bad for her. It's not due to arrive November 1st, so that's not good for her at all.

Were I advising her, my goal would be to end this as quickly as possible. I wouldn't stall, I'd try for an early ruling. I might suggest she try to come to a cooperative agreement with the investigator. One where she and all her employees would quickly appear for depositions, in return for assurances that the final report would be released as soon as possible. At least a few weeks before the election.

She's on the record as saying she "invited the investigation" and would "cooperate fully". By stalling she just makes herself look like a crooked politician in the mold of so many Bushies. drip, drip, drip.

Another potential way of ending this quickly would be a full mea culpa. She could admit that, yes, she fired the safety commissioner for not firing that terrible, awful, terrible, did I say terrible? state trooper x brother in law. They've already demonized the guy so much that it seems this actually might be their plan.

The drip, drip, drip just proves she's a politics-as-usual crooked, politico.

Exactly. The McLame campaign obviously knows that what will come out would be even worse than the drip, drip. Fascinating.

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Not so fast. She's on the record (and on video) that her wanting to fire the commissioner was NOT based on anything to do with her brother-in-law. Only after taped phone calls and e-mails contradicted that argument did she say "it could be interpreted that way."

It's always the lies after the allegations are made, not the allegations themselves, that sink politicians.

She will, at some time, have to answer, but McCain doesn't want such obvious self-serving lies and obfuscations to come out before November 4.

Just sayin'

The problem is that the result of the investigation is going to be wildly negative. She has stated she did nothing wrong. McCain similarly stated she did nothing wrong. The obvious conclusion is that, well she did something wrong. Once the rule comes out Obama will be able to attack her as having been sanctioned for an ethics violation. Further, all of her hires and fires become fair game once she has been "convicted" of thug like reprisals for anyone who disagrees with her.

J

STONEWALLING an investigation....!
That's a first one!
Sounds like anybody we know????

Geez, whatever happened to Obstruction of Justice?

What is telling that if Palin thought she'd be exonerated she'd likely want the investigation to play out and even sped up. She knows she has stepped in it here and wants to drag it out past the election date.

I mean an open investigation isn't a good thing, but it's better then being found in the wrong I guess.

The problem for her is when this report from the prosecutor is due to come out. The report is due to come out just DAYS before the general election. This stonewalling tells me she's guilty and is trying to slow it down...

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"nothing to hide"?....what a reformer! After this election she will be governor of nowhere.

@ Jonze

But even if she's found to be guilty of everything she's being investigated for, I don't think she'll have broken any laws.

So what's the point of her stalling? If she hadn't said she "invited the investigation" and would "cooperate fully", she might be able to stall without looking like an outright liar. But she did say those things.

Just another idiotic decision by the McSames.

M. Stevens puts forth that if Palin can fire anyone for any reason there may be no recourse for firing a state official. If Alaska law is consistent with other jurisdictions, it is certainly be illegal to fire someone for improper or illegal reasons. Government's proper functioning could not occur otherwise. Personal payback by elected officials is an improper reason inconsistent with the law or a function democracy.

The dripping, at least, will obviously have to continue since the alternative for McCain-Palin is surely worse.

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Hmmmm... she wants the investigation turned over to her appointees.

Why am I thinking Gonzales? Mukasey?

I hope Alaska's Senate has the diligence to do what our US Senate (or House) will not.

PEACE

Why, just stop it right now, you horrible sexist misogynists! How dare you expect a republican ice queen to be held accountable for her actions?
She can skin a moose, by golly, so that shows me she is ready to be the #2 running our country!

Subpoena her under penalty of contempt for failure to comply. Do they have the power?

This should be the news of the day. A vice presidential pick under investigation, using dubious legal strategy to push back the outcome past election day. When's the last time that happened? And now we have to hear that any question about her background is sexist. It's amazing.

http://pufferfish.typepad.com/

I came across this that in actuality, Sarah Palin DIDNT sell that plane on EBAY. How many untrue stories is she spewing out?

I came across this.
That in actuality, Sarah Palin DIDNT sell that plane on EBAY. How many untrue stories is she spewing out?

Correct, but she did "put it on eBay" (twice, if memory serves). It just didn't sell, so they had use a broker. But, as stated, this one technically was the truth — just not the whole truth.

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Was Monica Goodling part of McCain's vetting team? Her standards certainly were applied.

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More and more Tracey Flick comes to mind.

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Ain't an ethics issue . . . This is a felony investigation.

I can't tell you all how pissed off I am that Alaska State Troopers did not cuff and frog-march her off the stage after her acceptance speech last night . . . That would have been GOOD political theatre . . . Way better than McInsane's enterence at the end.

@ resonator

But that's exactly how Palin was cleared of wrongdoing when she fired her police chief in Wasalla.

The court ruled that she was within her rights to fire him for any reason.

Even if the legislative investigation were to find that she fired him for personal reasons, it would only be a precursor to a possible court case. While I think a civil action by her safety commissioner (and perhaps Wooten) would be overwhelming likely, a criminal case would be far less so.

Consider that such a case would probably have to be brought by the attorney general. Yes, the same attorney general Palin has just requested should investigate her instead of the existing legislative investigation.

So even if this legislative investigation were to find against her she would still be a long, long, long, way from criminal charges. Even if the legislature finished its investigation today, even if the AG weren't in her pocket, there's no guarantee that an impartial AG would have criminal charges ready before the election.

I just don't see the sense in delaying this with the drip, drip, drip.

Ain't an ethics issue . . . This is a felony investigation.

Posted by Richard L. Adlof

Felony? Where are you getting this? We can dream, but that's not the reality.

The investigation appears to be very similar to those done by the US Congress. They'll dig up evidence and make findings. Those findings can then be sent to the Attorney General for possible prosecution.

http://www.adn.com/monegan/story/478090.html

If they do send it to the AG, they'll probably runs into exactly the same problem we have with the Bush administration, an Attorney General that will refuse to file any charges.

dear admins: why wasn't my first post (about an hour ago) cleared?

The unimaginable power of the presidency nags at my attention. Personally, I am frightened by the possibility of Ms. Palin inheriting high office. Very frightened.

Look at what she did to Director of Public Safety, Walt Monegan!

A hearing had been held concerning charges made by Ms. Palin’s family against her sister’s ex-husband, State Trooper Mike Wooten. He had been given a suspension.

Subsequently, when she became governor, Ms. Palin lived up to her self-description as a bulldog. She wouldn’t let go.

From kttu TV Alaska news service, August 13, 2008 by Jason Moore:

“Palin said her administration made more than 20 calls to the Department of Public Safety regarding Wooten, the governor's former brother-in-law.

Palin previously had denied her administration pressured Monegan but at least one of those calls was caught on tape.”

As a result: From the AP: “Monegan has said he felt pressured by Palin family members and her administration to fire Trooper Mike Wooten.”

Imagine Walt Monegan’s position. His job or his principles.

And it wasn’t just member’s of her administration putting on the pressure, the governors’ husband, Todd, also “talked” to him.

After seeing Ms. Palin and her husband, two people with the drive of competitive athletes, I ask myself who wouldn’t buckle under such pressure. 20 calls concerning one trooper!

I don’t doubt that he felt pressure. Yet, Monegan stood firm, both, for the rights of the individual, and the integrity of his department, telling the Palin team that he would not be a part of a “head hunting” expedition. Due process means due process.

A good man’s service was lost to the community when, without giving cause, Governor Palin fired Mr. Monegan. His replacement had to be replaced quickly, disqualified for previous inappropriate behavior.

And what about Ms. Mary Ellen Ellen Emmons. She, like Mr. Monegan, stood firm.

“Shortly after becoming mayor, former city officials and Wasilla residents said, Ms. Palin approached the town librarian about the possibility of banning some books, though she never followed through and it was unclear which books or passages were in question.

Ann Kilkenny, a Democrat who said she attended every City Council meeting in Ms. Palin’s first year in office, said Ms. Palin brought up the idea of banning some books at one meeting. “They were somehow morally or socially objectionable to her,” Ms. Kilkenny said.

The librarian, Mary Ellen Emmons, pledged to “resist all efforts at censorship,” Ms. Kilkenny recalled. Ms. Palin fired Ms. Emmons shortly after taking office but changed course after residents made a strong show of support.” www.nytimes.com/2008/09/03/us/polit...amp;oref=slogin

I fear the power of the presidency in the hands of Ms. Palin.

An abuse of power that involves firing a Director of Public Safety for defending due process, or firing a librarian for resisting censorship is a strong indicator that she lives in a world where she knows what is right, and good governance means eliminating those who don’t see the light.

I don’t believe that it serve the country well to place the power of the presidency so near the reach of Ms. Palin.

THERE SHOULD BE APPROPRIATE REMEDIES FOR HER REFUSAL TO COOPERATE:

1. ADVERSE FACTUAL INFERENCE: If permitted by the investigative procedural rules, the investigator or committee could draw adverse factual inferences against palin.

If a party would naturally produce evidence (she apparently agreed to this investigation, which would fall under the legislature's general right of oversight over the executive branch), and fails to do so, an adverse inference can be made against her that, if she had actually produced such evidence, it would have been unfavorable to her.

2. DEFAULT: If the investigative procedures allow it, the investigator or committee could find against palin by default for failing to cooperate.

3. IMPEACHMENT: This probably is not likely, but the appropriate legislative member could seek to initiate an impeachment proceeding for palin's failure to cooperate in the investigation.

4. COURT: The committee/investigator could seek a court order forcing palin to cooperate or be held (in jail) for violating the court's order.

You are almost correct. When an appointee serves at the pleasure of the governor, she can fire him for any legal reason. In other words, she can fire him because she doesn’t like the color of his shoelaces, but not because she doesn’t like the color of his skin. And, she can fire him for not doing her bidding, as long as her bidding itself was not illegal. In this case, her bidding was that the appointee fire her ex-brother-in-law based on two-year-old charges for which he had already been investigated and punished by the proper authorities. There are additional tawdry details, as you might imagine, but that is the crux.

It seems so straightforward to me, but damn if we can get the concept through to her loyal Palemmings (aka the Branch Palinians).

it's not obstruction of justice to use every legal means available to you, by definition. Seems like her lawyer is just doing his job.

And I can guarentee this won't come to a head before the election. If there is some kind of decision, there are interlocutory appeals, motions injunctions, lots of perfectly legal delay tactics.

Another thing I am sure of is that she got the lawyer for the express purpose of stalling the investigation until after the election.

Even if she should ultimately succeed on the merits, I'll bet that the dirt we get to hear in the process would not be appealing to swing voters.

I do not know why McCain would want baggage like this on his No. 2 ticket! It is bound to drag him down also. It is about Abuse of Power and there is a similar story when she was a mayor -- firing an employee who did not do her bidding. He too filed a lawsuit, not sure what became of it. There is a lot of baggage with this lady with other messy stories being played out on Enquier, US, you know Celebrity Magazines. I guess McCain got his celebrity status after all!

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