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Palin May Quash Subpoenas in Trooper-Gate Probe
The stand-off between Sarah Palin and the state legislators investigating Trooper-Gate threatens to continue, with the Alaska Attorney General's office saying it may "move to quash subpoenas" if they are issued by legislators in tomorrow's hearing.
From Bloomberg:
"The eyes of the nation have now turned upon us,'' senior Assistant Attorney General Michael Barnhill wrote. "We think there is a legitimate concern that this investigation is no longer being conducted in a fair manner.''Barnhill complained in a seven-page letter about public comments made by Hollis French, a Democratic senator, that Palin or her aides may have broken the law by allegedly obtaining personnel files of the fired state public safety commissioner, Walt Monegan.
Just three weeks ago, Palin had pledged full cooperation with the investigation from her and her staff and had even requested that the state attorney general conduct his own parallel investigation alongside the probe commissioned by state legislators.
But in days following her nomination as vice-presidential running mate John McCain, Palin has hired a lawyer, and seven witnesses who had agreed to give depositions to an independent investigator, have all refused testimony. Allegations of politicization of the probe's legislative overseer, Hollis French (D), have surfaced after French told reporters they could expect an "October surprise" with the investigation's report on Palin.













What sorta P.O.S. state constitution would give this thug the right to disrupt justice?
September 11, 2008 10:12 AM | Reply | Permalink
Seriosly, how is this not obstruction, contempt, conspiracy and screwing with an independent investigation?
September 11, 2008 10:25 AM | Reply | Permalink
They are REPUBLICANS; wtf are you all asking?
September 11, 2008 12:15 PM | Reply | Permalink
Seriosly, how is this not obstruction, contempt, conspiracy and screwing with an independent investigation?
September 11, 2008 10:26 AM | Reply | Permalink
Palin is stonewalling, challenging subpoena powers, obstructing justice, claiming executive privilege? She IS ready to lead this country!
September 11, 2008 10:58 AM | Reply | Permalink
I smell booooosh, cheney, libby, gonzales et al type administration. IF the American people vote for Palin/McCain 08, that means they like corruption in government - "Palin and simple" as that.
September 11, 2008 11:33 AM | Reply | Permalink
President Blutarsky and Darth Cheney will look Jeffersonian by comparison.
September 11, 2008 11:38 AM | Reply | Permalink
Seriosly, how is this not obstruction, contempt, conspiracy and screwing with an independent investigation?
It's not, because she's a Republican and when Republican's do it - it's legal. Where have you been for the last 8 years?
September 11, 2008 11:41 AM | Reply | Permalink
Ah, the cover-up. It's usually what brings the tyrants down, more than the crime. Palin must be in trouble on this thing if she doesn't want her staff to have to testify under oath.
September 11, 2008 11:43 AM | Reply | Permalink
Sounds like the Bush/Cheney justice system. So in reality then it's just more of the same.
September 11, 2008 11:43 AM | Reply | Permalink
Imagine this on a national level.
Oh. Right.
September 11, 2008 11:45 AM | Reply | Permalink
How wonderfully consistent the repubs are in denying subpoenas when they are used to investigate corrupt practices by their executives. Wow, I hope they do move to quash them if issued. That would be a great narrative to point out that there would be no change if those two made it into office.
September 11, 2008 11:46 AM | Reply | Permalink
Gonzo! Gonzo! Gonzo!
We've been here before?
September 11, 2008 11:53 AM | Reply | Permalink
Cover-up!
Fredo-style injustice.
September 11, 2008 11:56 AM | Reply | Permalink
The campaign is about a lot of soap-opera nonsense right now.
Say whatever you want about Ms Alaska - the effective rebuttal is, "I think she's GREAT!"
The Republicans have to keep this nonsense up for about seven more weeks - they can win if no serious topic gets any air.
Weep for our country ...
September 11, 2008 11:59 AM | Reply | Permalink
Wait a minute. How does the Attorney General (a member of the Executive Branch of the Alaska State government, quash subpoenas issued by the Alaska Legislature?? That would be like the US Justice Department trying to stop the House or the Senate from issuing subpoenas. Hard to imagine the circumstances under which the AG has the right under law to do any such thing.
September 11, 2008 12:06 PM | Reply | Permalink
The eyes of the nation have now turned upon us,'' senior Assistant Attorney General Michael Barnhill wrote.
Great, let's have nationally televised hearings in Juneau on the matter. Palin, after all, said she has nothing to hide.
September 11, 2008 12:12 PM | Reply | Permalink
This lady is one fine Christian woman, alright.
September 11, 2008 12:13 PM | Reply | Permalink
Is there an angle to bring in the FBI on this now?
September 11, 2008 12:14 PM | Reply | Permalink
Looks like she is following the Bush doctrine. Do you think that Karl Rove is advising her
September 11, 2008 12:14 PM | Reply | Permalink
Looks like she is following the Bush doctrine. Do you think that Karl Rove is advising her
September 11, 2008 12:16 PM | Reply | Permalink
Looks like she is following the Bush doctrine. Do you think that Karl Rove is advising her
September 11, 2008 12:16 PM | Reply | Permalink
We are closing in on the 35th anniversary of the resignation of the US Attorney General Elliot Richardson. Let's see if this guy is more Richardson or Mitchell.
September 11, 2008 12:24 PM | Reply | Permalink
Are there any lawyers in the house? I seriously want to know if and how this move to quash the subpoenas is legally credible.
Anyone? Buhler? This place is normally crawling with lawyers. Pipe up, por favor! And thanks.
September 11, 2008 12:32 PM | Reply | Permalink
Sarah Palin is running for the second-highest office in the land. Therefore, she shouldn't be scrutinized or questioned in any way. It's disrespectful. The American public has no "right" to know anything about the people they're voting for. What the hell do you think this is, a democracy?
September 11, 2008 12:33 PM | Reply | Permalink
You are correct, we, her potential subjects, must show her the proper degree of Deference. And that, according to our betters, means not questions that haven't been approved by the Minister of Propaganda.
September 11, 2008 12:42 PM | Reply | Permalink
Given that the investigation into Palin's corruption, and let us call a pig a pig, began before McCain even knew her name. It can't logically be called a political witch hunt, except, of course for the obvious "witch" connection. And, it doesn't matter what the law says, or what the Alaska constitution says, delaying tactics are routine in the legal field, so routine that their absence is evidence of legal misrepresentation.
For many years now the news media have operated on the basis that voters have no business trying to find out any facts about candidates. Instead we are supposed to go by what the media pundits tell us. After all these years why do I have to explain this stuff.
September 11, 2008 12:53 PM | Reply | Permalink
How about sticking to the rule of law.You get a subpoena,you appear.If you do not appear you get arrested.Fair and simple.You have nothing to hide because you are the friend of Governor Hockey Mom.
September 11, 2008 1:13 PM | Reply | Permalink
Let us just stick to the rule of law.You`re served a subpoena,you got to the hearing and testify.You have nothing to hide as you are a friend of Governor Hockey Mom.You decide not to go;you`re arrested.
September 11, 2008 1:17 PM | Reply | Permalink
Let us just stick to the rule of law.You`re served a subpoena,you got to the hearing and testify.You have nothing to hide as you are a friend of Governor Hockey Mom.You decide not to go;you`re arrested.
September 11, 2008 1:24 PM | Reply | Permalink
I think this is a lose-lose for Palin. If they issue subpoenas, they lose. If they quash the subpoenas, she looks guilty anyway.
September 11, 2008 1:29 PM | Reply | Permalink
i think you are discounting what mccain and palin are counting on: the media will treat the accusation of political motivation credulously: "is the troopergate investigation into sarah palin a political witch hunt??" and the whole thing will be a wash.
the msm decided long ago that news journalism doesn't have anything to do with telling people what the truth is. they've decided their job is to passively report/regurgitate whatever claims (no matter how absurdly false they may be) either side makes*. the media's favorite fallacy is that the truth is always somewhere in the middle ('if one side is claiming something is a fact, it obviously can't be a fact'). keeps contests closer, keeps people watching/reading, keeps ad revenues up.
*this is often misconstrued as being pro-republican/anti-democrat only because the republicans are (of late) the party of lies and lying liars (which is why they cowed the media into the passive reporting paradigm with their bullshit 'liberal media' crusade in the first place).
September 11, 2008 5:06 PM | Reply | Permalink
Would an Obama Justice Department have jurisdiction to go after these guys on obstruction of justice, etc.?
September 11, 2008 1:33 PM | Reply | Permalink
A judge warned her to stop harassing the brother-in-law. She blew that off.
She abused the power of her office on a personal vendetta.
She's known for retaliating against anyone she considers an enemy.
She told the press on her plane that she wouldn't answer questions. When they asked why, she arrogantly said "it's my plane, and I'll do what I want" or words to that effect.
Just like McCain would be Bush III, Palin is really Cheney in a dress. Secretive, vengeful, corrupt, disrespectful of the law and the public they serve.
Someone on the Dem's side should do some research comparing Cheney's "dark side" to Palin's secretive "dark side" -- the public would see that she's more of the same.
It's not a pig with lipstick -- it's Cheney in a dress.
September 11, 2008 1:36 PM | Reply | Permalink
see also: 'because i said so!'
and: 'as long as your living under my roof, you'll do as i say young lady!'
and: 'do as i say, not as i do!'
being a mom (a shitty one or otherwise) isn't really a qualification for the white house. and it really isn't an effective management or governing style.
USA! USA! USA!
September 11, 2008 5:15 PM | Reply | Permalink
Legal for AG to quash? Read your Alaska Constitution, I guess. However, it is a typical feature of American Checks-and-Balances doctrine that legislatures have free-standing authority to conduct investigations of the executive branch. The problem is when the executive branch pushes back and takes it to court, basically a battle of the branches. I would not expect that the AG can quash the subpoenas by fiat, but he could certainly gum up the works by suing the legislature about it. Palin's point is self-evidently to use her allies in the executive branch and outside lawyers to slow everything way down to minimize the impact on the election. It is transparently self-serving, shows she has something to hide, and should be rejected by anyone having any capacity of discernment. Evidence indicates to me, unfortunately, that such a person may represent a minority of the voting public. Therefore, we are are the mercy of the main stream press, especially Tee Vee. If they are not going to pursue this, then Obama may be toast.
September 11, 2008 1:50 PM | Reply | Permalink
A judge warned her to stop harassing the brother-in-law. She blew that off.
She abused the power of her office on a personal vendetta.
She's known for retaliating against anyone she considers an enemy.
She told the press on her plane that she wouldn't answer questions. When they asked why, she arrogantly said "it's my plane, and I'll do what I want" or words to that effect.
Just like McCain would be Bush III, Palin is really Cheney in a dress. Secretive, vengeful, corrupt, disrespectful of the law and the public they serve.
Someone on the Dem's side should do some research comparing Cheney's "dark side" to Palin's secretive "dark side" -- the public would see that she's more of the same.
It's not a pig with lipstick -- it's Cheney in a dress.
September 11, 2008 1:50 PM | Reply | Permalink
I suspect the Alaskan Constitution is modeled after the National constitution. So I would assume that the Legislative Branch is a co-equal branch with the Judicial. Therefore, the Judicial side of the equation can't overrule the Legislature if the Constitution allows them the right to issue subpoenas to investigate individuals and agencies within the Alaskan government.
September 11, 2008 1:57 PM | Reply | Permalink
How come this is not obstructing justice by the AG ,trying to impede an investigation ??Any attorneys out there can you comment.
September 11, 2008 2:40 PM | Reply | Permalink
Jeez, its like we nominated Berlusconi for VP. This is sickening.
Oh wait, she wasn't nominated; she was appointed by McCain through fiat the day of. Right.
September 11, 2008 6:35 PM | Reply | Permalink
The second coming of Bush/Cheney, or should I say Bush/Cheney's wet dream has come to life.
September 11, 2008 7:29 PM | Reply | Permalink
This racketeer's threat is made to order if you want to see Obama elected. As someone pointed out upthread, "..I hope they do move to quash them if issued. That would be a great narrative to point out that there would be no change if those two made it into office".
Exact-o-mundo.
Indeed, barring a complete exoneration of the Governor (hardee-har-har), the McCain/Palin ticket is as good as finished.
The Bush administration's corruption was sustained years longer than it should have been because the mass ego of his deluded supporters was on the line (among other reasons that will remain "off the table" in this comment). But no one's ego is on the line where McCain or Palin is concerned. This uppity attitude will not cut it with voters who have yet to cast their ballot. People are aware of this story. Being (by-and-large) fair minded, they've withheld judgement thus far. That is about to end, and, when it does, so will the hopes and dreams of John McCain.
September 12, 2008 3:53 PM | Reply | Permalink
RESPONSE TO: "Wait a minute. How does the Attorney General (a member of the Executive Branch of the Alaska State government, quash subpoenas issued by the Alaska Legislature?? That would be like the US Justice Department trying to stop the House or the Senate from issuing subpoenas. Hard to imagine the circumstances under which the AG has the right under law to do any such thing."
Anyone has the right to file a motion to quash a subpoena. The checks/balances system is designed so that if the legislature (US or state) is abusing its power or overreaching its authority in issuing subpoenas, the AG (or attorney representing the subpoenaed parties) has recourse, and the Judicial branch has the authority to decide the dispute. I find it strange that you would question the right of one branch of government to step in and reel in the other if it is acting outside its authority--please rereach your civics chapter on Checks and Balances. Briefly, the system is DESIGNED so that, in circumstances like these, the AG's office can request that the Justice Department evaluate whether the issuing authority is playing by the rules--House or Senate, or whomever--it doesn't stop them from issuing subpoenas, it quashes the subpoenas that are issued on unlawful ground.
A motion to quash isn't a guarantee the subpoena will be quashed--it's just a request. There are many grounds for which a subpoena may be quashed, not the least of which is that the subpoenaed person has the same information as every other subpoenaed person, and only one should be called to testify. That happens very frequently, because it would be a monumental waste of time and money for every single employee to testify when they all have the same information. There are many reasons to quash a subpoena, but some are privilege, person has no information or documents requested or improperly issued subpoena. I've seen a protective order issued when a wife said she wouldn't be able to emotionally hold up, and the judge allowed the husband to testify in her behalf, so long as he did not answer questions with, "I don't know, only my wife knows that."
Sometimes it's a stall tactic, but often there was an improper subpoena. We'll see how this shakes out. I can actually imagine Todd Palin's motion being granted--if the investigation is whether Sarah Palin improperly exercised her authority, it doesn't matter what he said to anyone, that's not the same as his wife saying it, and it's not relevant to the legal issue. I also find it strange that, according to the Alaska State constitution, the governor has the right to appoint the commissioner--wouldn't that give her the right to fire him? And if the commissioner's job is to staff the police force with people who are not committing unlawful acts of violence against children, wouldn't it be a reasonable justification and use of power for the appointing authority to require the commissioner to fire the officer in question, or risk losing his job? I mean, his JOB is to staff the POLICE FORCE, and her job is to make sure he's doing that properly. I have no problem with what she did, and I would certainly expect it to be within the scope of her authority fire the commissioner for keeping a bad cop on the force.
September 21, 2008 3:06 PM | Reply | Permalink
Oh, and I didn't put this in my response because it seemed obvious, but in case it isn't, marital privilege is grounds to quash a subpoena. Specifically, a spouse cannot be required to give testimony that might incriminate the other spouse. It doesn't mean that the testimony WOULD incriminate, but 99% of attorneys would have the spouse keep off the stand, no matter WHAT the testimony would say. I'm a lawyer, and I don't care WHAT the issue is, but I would FIRE an attorney who advised me or my husband to waive our marital privilege--let me ask you this: if the IRS were auditing you, and you were 100% honest, and your husband or wife had the OPTION of testifying, would you put them under the spotlight if it were OPTIONAL???? Of course not. In the case of Todd Palin, if the marital privilege applies, his testimony is OPTIONAL. What's more, claiming marital privilege is like pleading the 5th (a la Bill Clinton)--it is a privilege, you may do it without any inferences made as to the nature of what you might have testified to, or any assumptions about guilt or innocence being drawn.
September 21, 2008 3:29 PM | Reply | Permalink