Alaska

Alaska AG Files Suit to Quash Subpoenas

Zachary Roth | September 26, 2008, 10:55AM

The national press may have mostly left Alaska, but the legal maneuvering over Trooper-Gate continues. Yesterday, Attorney General Talis Colberg filed suit to throw out the subpoenas issued to witnesses in the legislature's investigation.

Colberg, who was a little-known assemblyman and private-practice lawyer until Palin tapped him for the AG job, argued that the Senate Judiciary Committee lacks the authority to issue subpoenas. Since early September, the Palin camp has maintained that the state personnel board, whose members are appointed by the governor, is the only appropriate body to conduct an investigation -- though that claim would appear to hold little water.

The list of witnesses currently defying subpoenas includes Todd Palin, and several of the governor's key aides. Nonetheless, the legislators running the probe have said that independent investigator Steve Branchflower will wrap up his report by October 11 and release a report soon after.

In response to Colberg's move, Sen. Hollis French, the Democrat overseeing the legislature's probe, told the Anchorage Daily News: "For over 200 years, legislatures have exercised their right to oversee the activities of the executive branch. Denying us that authority undermines the basic democratic process."

A separate lawsuit filed by five Alaska legislators aims to stop the investigation, which was initiated by a 12-0 bipartisan vote, entirely.

Alaska

Trooper-Gate: For Now, GOP Mission Accomplished

Zachary Roth | September 22, 2008, 11:22AM

As the flurry of news breaks over the Trooper-Gate investigation slows, at least for the time being, it's worth making a point that may have gotten lost in the shuffle:

The McCain-Palin camp appears to have been successful in its all-out effort to stifle the probe at any cost.

By preventing Steve Branchflower, the independent investigator in the case, from speaking with many of the key witnesses -- including Sarah and Todd Palin, and several of the governor's top aides -- the McCain campaign has severely limited the amount of information the investigation will have access to.

In the view of the Associated Press: "Although the Legislature's investigator still plans to issue a report in October, the probe is effectively killed until January, when Sarah Palin will either be vice president or return to the governor's mansion in Juneau."

That assessment may turn out to go too far. Branchflower has succeeded in questioning several of the witnesses, including Walt Monegan, the former public safety commissioner whose firing is at the center of the case, and John Bitney, formerly a top Palin aide. Branchflower also has access to the cell phone records of Frank Bailey, the Palin aide who earlier this year was recorded pressuring a trooper official about Mike Wooten. So it's possible that his report, even lacking input from crucial players, may yet prove damaging.

Palin may also pay a political price for her abrupt shift from pledging co-operation to out-and-out stonewalling. Over the weekend, the LA Times reported that Palin's "political capital at home is eroding," as a result of the hardball tactics used to stop the probe -- a subject we got into on Friday. If nothing else, her stonewalling -- along with the slew of reports about Palin's checkered record on seeking federal earmarks -- has significantly complicated the McCain-Palin campaign's effort to present her as a reformer who will help bring a more accountable form of government to Washington.

Still, it's hard not to conclude, at least for now, that the McCain camp has used its muscle to significantly limit the damage that Trooper-Gate could do to Palin. Which doesn't exactly bode well when it comes to the approach a McCain White House might take on issues of openness and transparency.

Alaska

French: Trooper-Gate Report Will Come Out on Schedule

Zachary Roth | September 19, 2008, 5:24PM

Despite Republican stonewalling, the Alaska legislature will release its report on Trooper-Gate on time, Sen. Hollis French, the Democrat overseeing the investigation, said today. The report is scheduled to be completed October 10th.

None of the subpoenaed witnesses showed up to testify at a legislative hearing today. The McCain-Palin campaign, which has challenged the legitimacy of the investigation, had been actively working to ensure that the witnesses did not testify.

Steven Branchflower, the independent investigator conducting the probe, has already spoken with several witnesses. But it remains to be seen whether his report will be able to reach any definite conclusions without access to testimony by key players like the Palins and several top gubernatorial aides.

Todd Palin

Todd Palin Refuses to Testify in Trooper-Gate Investigation

Kate Klonick | September 18, 2008, 10:19PM

Todd Palin, who was subpoenaed just last week in the Trooper-Gate investigation, has said he will not testify.

From the AP:

Todd Palin, who participates in state business in person or by e-mail, was among 13 people subpoenaed by the Alaska Legislature. McCain-Palin presidential campaign spokesman Ed O'Callaghan announced today that Todd Palin would not appear, because he no longer believes the Legislature's investigation is legitimate.

Earlier this week, Talis Colberg, the Alaska attorney general wrote a letter to state legislators, informing them that the state employees who were subpoenaed in the investigation would not be testifying.

Initially, Gov. Sarah Palin promised full cooperation in the investigation, but has been increasingly opposed to the probe since she was named as the Republican vice-presidential nominee.

Late update: Todd Palin's attorney, Thomas Van Flein, sent a letter yesterday to Trooper-Gate investigator Stephen Branchflower, informing him that his client would not be cooperating with the subpoena. The letter can be seen here.

Sarah Palin

AK Lawmaker on Trooper-Gate: "I Don't Think This Is Gonna End Quietly."

Zachary Roth | September 18, 2008, 12:05PM

The no-holds-barred effort by the McCain campaign and its Alaska Republican allies to bury the Trooper-Gate investigation at all costs may be bearing fruit.

Republicans have in recent days been calling on Democratic senator Kim Elton to reconvene the bipartisan legislative council with ultimate responsibility for the probe. And yesterday Elton told the Associated Press that he may do so, allowing for a vote on whether to delay the investigation or replace Democratic senator Hollis French as its manager.

The council, which contains 10 Republicans and four Democrats, had voted unanimously in July to launch the investigation. But many observers believe that, now that the probe could play a role in the presidential race, the committee's GOP members will vote to shut it down if given a chance.

Other recent developments confirm that the GOP is pulling out all the stops.

• Talis Colberg -- the Palin-appointed Attorney General who was directly involved in efforts to pressure the former Public Safety Commissioner Walt Monegan over Trooper Mike Wooten -- said Tuesday that ten state employees would not honor subpoenas to testify in the case. Palin, of course, had originally pledged her office's full cooperation in the probe.

• A group of five GOP legislators filed suit -- with the help of a right-wing Texas-based legal foundation -- to stop the investigation in its tracks.

• The McCain campaign officially took charge of the effort, trotting out a hard-charging former federal prosecutor, Ed O'Callaghan, as its point-man on the issue.

• And the ADN reported today that Palin's lawyer, Thomas Van Flein, is no longer being paid for by the state of Alaska, but could not say whether the McCain camp was helping to pay his bills.

But the GOP's hardball tactics could end up doing more harm than good, by adding to the suspicion that Palin has something to hide.

In an editorial published this morning, the ADN accused Palin and McCain of "trying to ignite a partisan firestorm that wipes out the Troopergate investigation until after the election."

And the liberal journalist David Corn observed last night on MSNBC: "In the last few days the Republicans are treating this like its another Watergate and they better shut it down right way."

So: Where do things go from here?

Van Flein told the ADN that he'd likely decide today whether Todd Palin, who also been subponaed but is not a state employee, will testify, which would occur at a session of the Judiciary Committee tomorrow.

Meanwhile, the band of lawmakers struggling to maintain control of the investigation -- French, Elton, and their supporters in the legislature -- certainly aren't backing down.

Despite saying he might agree to GOP calls to reconvene the legislative council, Elton sent a letter yesterday to Colberg, the Attorney General, accusing him of going back on an agreement to allow the ten state employees testify. "Bluntly, I feel like Charlie Brown after Lucy moved the football," Elton wrote to Colberg.

Sen. Bill Wielechowski, a Democrat and French ally, told TPMmuckraker: "Hollis French has no intention of buckling under," and said that the same holds true of Elton.

The operation, Wielechowski continued, is "clearly politically driven by the McCain campaign."

"I've never seen an effort like this in this state to kill something," he added. "I don't think this is gonna end quietly."

Alaska

Trooper-Gate's Attorney-General Problem

Kate Klonick and Zachary Roth | September 17, 2008, 6:37PM

Earlier today, we learned that Talis Colberg, Alaska's Attorney General, is the latest figure to lend support to the GOP effort to stymie the Trooper-Gate investigation. Colberg sent a letter to Sen. Hollis French, who's overseeing the investigation, asserting that the state employees who have been subpoenaed to testify in the probe won't honor those subpoenas.

So it's worth stressing a point that might be getting lost in the flurry of moves and counter-moves: Colberg is no independent player in this case. In fact, he's a Palin appointee, who was personally involved in the effort to pressure Public Safety Commissioner Walt Monegan to terminate Trooper Mike Wooten, and who has already led an investigation into the matter at Palin's behest.

When the legislature announced that it would hire an independent investigator, Stephen Branchflower, to look into charges that the governor had wrongfully terminated Monegan, Palin revealed that she had already requested that Colberg conduct his own parallel investigation. Colberg had begun gathering documents and evidence in late July, weeks before Branchflower had even begun his probe.

At the time, legislators raised questions about Colberg's involvement and the possibility of witness tampering.

"I think it is harmful to the credibility of the administration, harmful to the process and harmful to all the parties involved," Rep. Jay Ramras, the Republican chair of the House Judiciary Committee told the Anchorage Daily News. "It's just the worst possible thing to be doing."

As a result of new information uncovered by Colberg's investigation, Palin held a press-conference in mid-August and admitted that one of her staffers, Frank Bailey, had been tape recorded making a call to a state trooper's office, requesting the removal of Wooten.

And crucially, she also admitted that Colberg himself -- as well as Todd Palin -- had called Monegan and talked to him about Wooten. Thanks to these calls, Palin acknowledged, Monegan might have felt pressure to fire Wooten. Palin had previously denied that either she or her staffers had ever pressured officials to fire Wooten.

For a time, it appeared that Colberg had distanced himself from the investigation as a result of this conflict of interest. When Palin hired Thomas Van Flein to represent her in the case, Van Flein cited Colberg's call to Monegan as a reason why Colberg himself could not represent Palin. "The Department of Law had a potential conflict of interest, because Mr. Colberg, Attorney General Colberg, made contact with Mr. Monegan about Trooper Wooten," Van Flein said at the time. "That would make him a potential witness, and thus there's a potential conflict."

Last week, Senior Assistant Attorney General Michael Barnhill -- not Colberg -- authored a letter threatening to quash subpoenas if they were issued by the state legislature. Bloomberg even reported that Colberg had recused himself from the investigation.

But in the light of Colberg's letter to French announced this morning, that no longer appears operative.

So in other words, Palin and her lawyer have admitted that Colberg, a Palin appointee, called Monegan and pressured him to fire Wooten, and that he has a clear conflict of interest in the case. And yet Colberg is still working to quash subpoenas issued in a bipartisan vote by the state legislature.

The attorney general's office did not immediately respond to a call from TPMmuckraker seeking to clear up the confusion.

Colberg's background doesn't suggest he's a figure with much independent clout
Before he was appointed attorney general by Palin, he was a little known assemblyman from the Matanuska Valley, in which Palin's hometown of Wasilla sits.

In an article Sunday in the New York Times, a family friend of Colberg described a conversation with him on his move from a one-room law office in rural Alaska to one of the highest offices in the state, supervising over 500 people: "I called him and asked, 'Do you know how to supervise people?'," Kathy Wells told the Times. "He said, 'No, but I think I'll get some help.'"

Sarah Palin

Palin Won't Testify in Trooper-Gate

Zachary Roth | September 16, 2008, 8:48AM

Sarah Palin is unlikely to testify in the Trooper-Gate investigation, according to a spokesman for the McCain campaign.

Speaking at a press conference in Alaska last night, spokesman Ed O'Callaghan argued that the probe had become "tainted." Palin's lawyer, and Alaska GOP legislators, have pointed to public statements made by Sen. Hollis French, the Democrat overseeing the investigation -- including that it could provide an "October surprise" -- as inappropriately politicizing the probe.

Palin had initially pledged her cooperation with the probe. After lawmakers voted unanimously to investigate her firing of former public safety commissioner Walt Monegan, she said: "We have absolutely nothing to hide, and so certainly we would never prohibit or be less than enthusiastic about any kind of investigation. Let's deal with the facts and you do that via an investigation."

But in recent weeks, that cooperation has ground virtually to a halt. In early September, her lawyer asserted that Palin would not testify unless the investigation were transferred to the state personnel board, whose members are appointed by the governor.

French and Steve Branchflower, the indepedendent investigator, have ruled out subpoenaing Palin, but had still expressed the hope that she would testify voluntarily.

Todd Palin was subponaed Friday. O'Callaghan said he did not know whether Todd would challenge that subpoena, though in a letter sent last Thursday, the state attorney general's office appeared to lay the groundwork for such a challenge.

The McCain campaign -- now clearly running the show on Trooper-Gate damage control -- also trotted out a new line to explain Monegan's firing. It released emails suggesting that Monegan alienated the governor's office by seeking federal money to go after sexual assault cases, even though the governor hadn't agreed that the money should be sought.

Trooper-Gate

Official at Center of Trooper Gate: Sarah Palin Lied to ABC

Kate Klonick | September 15, 2008, 2:33PM

Former Public Safety Commissioner Walt Monegan, whose firing is at the center of Trooper-Gate, says the Sarah Palin lied in her interview with ABC when she told Charlie Gibson that she dismissed Monegan based on poor job performance and said she "never pressured him to hire or fire anybody."

"She's not telling the truth when she told ABC neither she nor her husband pressured me to fire Trooper Wooten," Monegan told ABCNews.com, "And she's not telling the truth to the media about her reasons for firing me."

According to Monegan, he met with Todd Palin in December of 2006, just two months after Palin had been elected to office.

From ABCNews.com:

"I was called to her Anchorage formal Governor's office to talk with Todd Palin about an issue that was a private family matter," recounted Monegan. Todd became "upset," Monegan recalled, when told the allegations had already been investigated and the case would not be re-opened.

"When Sarah later called to tell me the same thing, I thought to myself, 'I may not be long for this job.'" But, Monegan said, he stood by his position. "I held the public trust. As Chief, I was responsible."

Trooper-Gate

AK Judiciary Committee Votes to Authorize Subpoenas in Trooper-Gate, Including for Todd Palin

Kate Klonick | September 12, 2008, 3:40PM

The Alaska Senate Judiciary Committee voted today to authorize Trooper-Gate projector director Hollis French (D) to issue subpoenas requested by investigator Stephen Branchflower. The subpoenas are part of the continuing investigation of Gov. Sarah Palin, and include a subpoena for the testimony of the First Gentleman, Todd Palin.

Branchflower requested the power to issue thirteen subpoenas, including a request for the testimony of the governor's husband because he is "such a central figure" to the Trooper-Gate controversy, he thought "one should be issued for him."

The committee debated for over two hours, with Sen. Bill Wielechowski (D) pushing to keep politics out of the investigation and moved to pass the motion in the senate.

Exact wording of the motion from the Senate Records:

SENATOR WIELECHOWSKI moved:

Pursuant to AK 24.25.010(b), I move that you be authorized to issue subpoenas to the following individuals and for the following documents: Frank Bailey, Diane Kiesel, Annette Kreitzer, Nicki Neal, Brad Thompson, Michael Nizich, John Bitney, Ivy Frye, Kris Perry, Janice Mason, Todd Palin, Randy Ruaro, Murlene Wilkes; cell phone records for Frank Bailey for the period of February 1, 2008 through March 31, 2008. This authorization is contingent upon concurrence of the Senate President.

Passed 3 to 2.

Sen. Charlie Huggins (R) crossed the aisle, voting in favor of the motion, and joined Wielechowski in his plea to move the investigation forward.

"I see all this duck-foot action under the water," Sen. Charlie Huggins (R) said. "And I'm here, on a break from my moose-huntin' trip, to say let's just get the facts on the table. "

Sen. Lesil McGuire (R) attempted to amend the motion so that the subpoenas would not be issued until after the election. The amendment was voted down by Huggins, Wielechowski and French.

The House Judiciary Committee was present as well and voted unanimously in an advisory capacity in favor of allowing Branchflower to issue the subpoenas. The authorization of the motion is contingent on Senate President Lyda Green's (R) concurrence with the Senate Judiciary Committee.

Todd Palin

Palin Fired Aide Who Dated Wife of Todd's Friend

Zachary Roth | September 9, 2008, 3:10PM

The Politico reported Friday that a longtime associate and former gubernatorial aide to Sarah Palin says he was asked to leave the governor's office after the Palins discovered that he was dating the soon-to-be-ex wife of a close friend of Todd Palin.

John Bitney, who grew up in Wasilla with Palin, told the paper cum website:

I wanted to stay with the governor and support the governor -- we're talking about someone who's been a friend for 30 years -- but I understood it, and I have no ax to grind over the whole thing."

Today, the Wall Street Journal added more to the story, reporting that seven weeks after publicly praising Bitney, Palin fired him for what her spokeswoman now describes as "poor job performance."

During that time, Palin had found out from Scott Richter, a friend of Todd Palin's, that Richter's wife, Debbie, was having a relationship with Bitney.

The Journal notes that Palin's office seems to have had trouble keeping its story straight on the reason for Bitney's departure.

At the time, the governor's office cited "personal reasons" for Mr. Bitney's "amicable" departure, according to contemporaneous news reports. Last week, Sharon Leighow, a spokeswoman for the governor's office, said "John Bitney was dismissed because of his poor job performance." She declined to provide further details.

Todd Palin

New Complaint Against Palin on Trooper-Gate

Zachary Roth | September 4, 2008, 5:40PM

Sarah Palin could be facing another investigation in relation to Trooper-Gate.

NBC News reports that the police officer's union of Alaska has filed an ethics complaint on behalf of Mike Wooten, the trooper who was embroiled in a dispute with the Palin family, and who the governor is alleged to have attempted to have fired.

According to NBC News:

The complaint alleges that the governor or her staff may have have improperly disclosed information from Wooten's personnel records. The complaint alleges "criminal penalties may apply."

The union argues that recordings of a phone conversation involving Palin-aide Frank Bailey -- released last month as part of the Attorney General's own Trooper-Gate probe -- suggested that Wooten's records were accessed improperly.

In response, the McCain-Palin campaign told NBC News that the files were not protected, and that Wooten himself had signed a waiver allowing a divorce lawyer to gain access to his personnel records. They added that Todd Palin, the governor's husband, was the source of information for Bailey, and that the information came from Wooten's divorce proceedings.

In other words, the McCain campaign is saying that Todd Palin gathered damaging information on Mike Wooten by looking through his divorce proceedings, then passed it on to an aide to the governor, who later used it to try to have Wooten fired. That may or may not be legal, but it doesn't exactly sound like the kind of ethical, reformist approach to government that Governor Palin claims to stand for.

Alaska

AIP: We Were Wrong, Sarah Was Never a Member. . . But Todd Was

Kate Klonick | September 2, 2008, 8:00PM

Retracting past statements, the chair of the secessionist Alaska Independence Party told TPMmuckraker that they were mistaken in stating that Sarah Palin was once a member of their party -- but that her husband Todd, was.

"We searched for it everywhere, but we couldn't find anything to back up what we had been told by our source," Lynette Clark, chairman of the fringe third-party AIP told TPMmuckraker. "We made a mistake, but Todd definitely was a member of the party. We know that for sure."

Earlier today, TPMmuckraker posted that Todd was a member of the AIP party from 1995 to 2002.

Alaska

Todd Palin Was Registered Member of Alaska Independence Party Until 2002

Kate Klonick | September 2, 2008, 3:25PM

The McCain camp today disputed rumors that presumptive vice presidential nominee Sarah Palin was ever registered with the secessionist Alaska Independence Party by releasing years of voter registration history . . . but it looks like that doesn't apply to her husband.

This afternoon, the director of Division of Elections in Alaska, Gail Fenumiai, told TPMmuckraker that Todd Palin registered in October 1995 to the Alaska Independence Party, a radical group that advocates for Alaskan secession from the United States.

Besides a short period of a few months in 2000 when he changed his registration to undeclared, Todd Palin remained a registered member of AIP until July 2002 when he registered again as an undeclared voter.