Today's new Trooper-Gate report (pdf), shows a number of the emails between Gov. Sarah Palin and fired Safety Commissioner Walt Monegan that discuss Trooper Mike Wooten. While the report finds that Palin did not violate any ethics code in firing Monegan, it's worth looking at the emails between the governor and Monegan -- many of which seem to go out of their way to bring up the governor's grievances against her former brother-in-law Wooten.

An e-mail sent on Feb. 7, 2007 from Palin to Monegan with the title "CONFIDENTIAL cop bill" actually spends little time discussing the cop bill at all. While the email briefly touches on the bill -- which addressed jail time for police officers after killing someone -- the governor spends a full three paragraphs discussing her family's history with Wooten.

It was a joke, the whole year long "investigation" of him - in fact those who passed along the serious information about him to Julia Grimes and Tandeske were threatened with legal action from the trooper's union for speaking about it. (This is the same trooper who's out there today telling people the new administration is going to destroy the trooper organization, and that he'd "never work for that b****, Palin")

Three months later, after a flair up with another state trooper, Palin used the incident as an excuse to mention Wooten again to Monegan:

[B]etween this and the message I received the other night where an Ak [sic] State Trooper recently told a friend of family [sic] that he could further "mess with the governor's sister" by claiming falsehoods about us. . .

In July of that same year, Palin emailed Monegan about a legislative proposal on guns. Again, Palin used the opportunity to bring up Wooten:

The first thought that hit me when reading Gara's quote about people not being able to buy guns when they're threatening to kill someone went to my ex-brother-in-law, the trooper, who threatened to kill my dad yet was not even reprimanded by his bosses and still to this day carries a gun, of course. We can't have double standards.

And in Sept. of 2007, Palin brought up Wooten as the "trooper we've talked about before" in an email to Monegan relating to a state settlement with another trooper.

The take-away on Palin's emails to Monegan listed in the exhibits, is that she didn't shy away from inserting her personal history into her official dealings. Whether or not it was Monegan's failure to pay deference to these (not-so) subtle hints that led to his firing, is still unknown -- but this report would have you believe it didn't.

As we noted before, this report is the result of the investigation at the behest of Palin herself -- so it's not any kind of big surprise that it exonerates her.

The key finding of the new Trooper-Gate report is that the earlier report, conducted by the state legislature, erred in finding that Sarah Palin broke state ethics laws by pressuring subordinates to fire Mike Wooten.

The new report finds that:

The Branchflower Report ... states that violation of the scope of code provision may be based on the governor's inaction as opposed to the governor's affirmative acts.

...

But ... the Ethics Act does not require a person subject to its provisions to police the behavior of third parties who are not subject to its provisions. To find that the Governor violated the Ethics Act by failing to control her husband's behavior would require one to add language to the Ethics Act that does not exist.

In other words, Sarah Palin can't be held legally responsible for Todd Palin's actions.

It bears repeating: this was a report that Palin herself initiated, so, despite some other breathless reporting in the press, it's no surprise that it exonerates her. The only independent report into the matter found that she broke state ethics laws.

The Alaska State Personnel Board's Trooper-Gate report has been released, and it clears Sarah Palin of any wrong-doing.

CNN reports:

"There is no probable cause to believe that the governor, or any other state official, violated the Alaska Executive Ethics Act in connection with these matters," Timothy Petumenos, the Anchorage lawyer hired to conduct the probe, wrote in his final report.

Of course, this was an investigation that Palin herself initiated, by filing an ethics complaint against herself. The three members of the Personnel Board are appointed by Palin, and she cooperated with the investigation.

By contrast, the only independent investigation into the matter -- which was conducted by the state legislature and with which Palin did not cooperate -- found that Palin had violated state ethics laws by pressuring subordinates to fire Mike Wooten, a trooper with whom she was embroiled in a family dispute.

The report's "Summary of Public Findings and Recommendations" follows after the jump...

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The Alaska State Personnel Board will release its report into Trooper-Gate tonight, reports the Associated Press.

From the AP:

Timothy Petumenos, an independent investigator hired by the Alaska Personnel Board, says he will release the report during a news conference 7:30 p.m. EST Monday.

A separate legislative panel earlier found that Palin, the Republican vice presidential nominee, abused her office by allowing her husband and other staffers to pressure the public safety commissioner to fire a state trooper who went through a nasty divorce from Palin's sister. She fired the commissioner, but denies it had anything to do with the trooper.

There's further evidence that the investigation into Trooper-Gate being conducted by the state Personnel Board could have real teeth.

The Anchorage Daily News reports that the probe has broadened to include other ethics complaints against Sarah Palin, and actions by other state employees.

That's according to the investigator hired by the board, Timothy Petumenos, who conveyed the information in two recent letters sent to an Anchorage attorney who had threated a lawsuit over Palin's effort to waive confidentiality in the matter.

Petumenos, a Democrat with a reputation for aggressive prosecutions, plans to sit down with the governor, who is cooperating with his investigation, next week.

It's not clear which other ethics complaints about the governor Petumenos is now looking into, but two have been previously reported. One relates somewhat to Trooper-Gate: the state troopers' union alleges that state officials illegally examined the personnel file of Mike Wooten, seeking damaging information on him. Wooten's feud with the Palin family was at the center of Trooper-Gate.

In addition, a good-government activist has alleged that Palin circumvented state hiring practices in giving a job to a supporter.

Petumenos has also requested a copy of the Branchflower report, released Friday.

Many observers have questioned the ability of the personnel board to come to independent conclusions on Trooper-Gate, largely because its three members are appointed by the governor, and it conducts its deliberations largely in secret.

It's unclear when Petumenos' investigation will wrap up, but the ADN also reports that the personnel board has meetings scheduled for Oct. 20 and Nov. 3. Adds the paper: "The agendas for those meetings mention confidential ethics matters to be handled in executive session."

Separately, ADN reports that Walt Monegan, the former public safety commissioner whose firing by Palin is at the heart of Trooper-Gate, has asked the personnel board to hold a hearing, then issue public findings, on whether he was a "rogue" employee and demonstrated "insubordination", as the Palin camp has publicly alleged in an effort to discredit him.

Palin has given several apparently contradictory explanations for why she fired Monegan. Branchflower's report concluded that Monegan's reluctance to fire Wooten was a contributing factor in his own dismissal.

The Trooper-Gate report found that Sarah Palin violated a state ethics law and abused her power by pressuring subordinates in trying to get Mike Wooten fired. So what happens next?

In terms of official actions, maybe nothing, at least in the three weeks between now and November 4th.

If Palin were to be prosecuted for violating state law, the state attorney general would likely take the lead. But Attorney General Talis Colberg -- who until Palin plucked him from obscurity to make him the state's top lawyer was a Matanuska Valley assemblyman and private-practice lawyer -- has been criticized for appearing to represent the governor's interests in Trooper-Gate, rather than the public interest. So a prosecution led by the AG's office seems unlikely.

Of course, the state personnel board is continuing its own probe of the affair, with which Palin has been cooperating. The board has the authority to impose fines or even recommend impeachment for violations of the ethics act. But the board's members are appointed by the governor, calling into question its ability to draw independent conclusions.

Still, it has hired Timothy Petumenos -- an aggressive Anchorage lawyer, and a Democrat -- to investigate. Newsweek reports that Palin is scheduled to sit down with Petumenos next week, and his findings could be released soon after. "We took a gamble when we went to the ethics board," a McCain aide told the magazine.

Before the report was released, the idea had been floated that the legislature could institute impeachment proceedings. But since Friday night, that possibility appears to have receded. According to a TPM source who attended Friday's session of the legislative council, State Senate President Lyda Green, an outspoken Palin critic, replied with a flat 'no' when asked, after the report's release, whether impeachment was being considered.

And Green told the Christian Science Monitor over the weekend that even a censure motion is unlikely, since the legislature is not currently in session.

Walt Monegan, whose firing as public safety commissioner was at the center of the affair, declined to say whether he was considering filing suit against the administration, when asked this morning on NBC's The Today Show. But the report concluded that Palin was within her rights in firing him, since, as governor, she can fire any executive branch official for any reason.

So it may be that whatever impact Trooper-Gate has on the presidential race will be based on the findings released Friday. If nothing else, the fact that Palin was found by a legislative investigation to have broken a state ethics law will only further complicate the McCain campaign's flagging effort to present her as reform-minded advocate for a more open, honest approach to governing.

It's fair to say that Trooper-Gate hasn't exactly burnished Sarah Palin's reputation for honesty. And in a conference call she gave Saturday to respond to the legislature's report on the affair released Friday night, that reputation took another hit.

Palin opened her remarks by declaring:

I'm very very pleased to be cleared of any legal wrongdoing ... any hint of any kind of unethical activity there.

But of course, it's simply untrue that the report cleared Palin of legal wrongdoing or unethical activity.

Steve Branchflower did conclude that Palin was within her rights to fire Walt Monegan -- since, as governor, she can fire any executive branch official for any reason.

But he also concluded, just as definitively, that Palin pressured and intimidated subordinates in trying to force the firing of Mike Wooten. In doing so, Branchflower wrote, she violated a state ethics law which says that "any effort to benefit a personal or financial interest through official action" is a violation of the public trust.

When an Anchorage Daily News reporter followed up by reminding the governor of this finding, she did not respond directly.

(Below is the audio from the call, preceded by some video footage from over the weekend of Palin calling the Trooper-Gate inquiry "a partisan kind of process.")

In the call, Palin also asserted that the inquiry "did turn into a partisan circus" -- perhaps forgetting that it had been launched through a unanimous vote of the bipartisan legislative council, and that the council voted unanimously again on Friday to release the report to the public.

And asked how she felt about having called Walt Monegan, a widely respected public servant, a "rogue", she replied: "'Rogue' isn't a negative term."

Aside from what it says about Sarah and Todd Palin, the Trooper-Gate report also appears to paint Mike Tibbles -- the governor's former chief of staff, who's now running Ted Stevens' Senate re-election campaign -- as shockingly incompetent. And that's the best case scenario for Sarah Palin.

To explain: Steve Branchflower writes on page 113 of the report that Walt Monegan told him about a conversation between Monegan and Tibbles, shortly after Palin was inaugurated as governor in January 2007. According to Monegan, Tibbles asked Monegan to consider hiring Chuck Kopp, formerly the police chief of Kenai, for a job in the public safety department.

As a result, said Monegan, he met with Kopp. When Monegan asked Kopp whether there was anything in Kopp's background that Monegan should be aware of before hiring him, Kopp revealed that, as Kenai police chief, he had been reprimanded over a sexual harassment allegation, though he maintained that it was bogus.

Monegan told Branchflower that the next day, he talked to Tibbles. "I disclosed what Chuck had told me," said Monegan. Tibbles responded that, in that case, they had "better steer clear from [Kopp] for a while."

But in a separate part of the report (page 43) that we noted earlier, Branchflower writes that in July 2008, Kopp was hired as public safety commissioner -- replacing Monegan -- after being interviewed for the job by two Palin aides for just 30 minutes, and without speaking directly to the governor about it at all.

Just two weeks later, Branchflower writes, Kopp resigned the post, when the sexual harrassment reprimand surfaced. Adds Branchflower: "Apparently, that was a fact that the governor's office did not know about when Mr. Kopp was offered the commissioner's job."

Indeed, at the time, the governor's office said publicly that at the time Kopp was hired, the governor knew of the allegation but understood it to be baseless, and was unaware of the letter of reprimand.

But the report suggests that Tibbles -- who, just four days before Kopp's hiring, was announced as Stevens' campaign manager -- did know about the reprimand, because Monegan had told him about it back in January 2007.

In other words, if Branchflower is correct, Tibbles failed to pass on to his colleagues in the governor's office his knowledge of Kopp's reprimand, setting them up to hire for a high-profile position a man with a significant black mark on his record.

It's also possible, of course, that Branchflower has erred in writing that the governor's office didn't know about Kopp's reprimand when it hired him. Perhaps Tibbles did pass along the information, but Palin and her aides, in their haste to find a replacement for Monegan, decided to overlook it and hire Kopp anyway, trusting that the issue would not resurface.

Tibbles did not immediately respond to a detailed request for comment.

So either Palin's chief of staff was jaw-droppingly incompetent, or she knowingly hired as the state's top law enforcement official a man who had been reprimanded for sexual harassment, then lied to the press about it. Neither alternative is flattering.

As we noted last night, the Trooper-Gate report found that Sarah Palin's claims that she feared Mike Wooten were unfounded. But the subject of Palin's alleged concern for her own and her family's safety deserves more attention.

The McCain-Palin campaign has argued that the Palins were acting merely to "protect their family" in going after Wooten.

But in the report, Branchflower disposes of that argument:

Assuming that Trooper Wooten was ever inclined to attack Governor Palin or a family member, logic dictates that getting him fired would accomplish nothing to eliminate the potential for harm to her or her family. On the contrary, it might just precipitate some retaliatory conduct on his part. Causing Wooten to loose (sic) his job would not have de-escalated the situation, or provided her or her family with greater security.

Here's some evidence from the Trooper-Gate report about just how eager Sarah Palin was to get rid of Walt Monegan as public safety commissioner.

Steve Branchflower found that Palin never interviewed Monegan's replacement, the appropriately named Chuck Kopp, for the job of top law enforcement officer in the state. Rather, she left the task to deputies, who conducted just one 30-minute interview.

Writes Branchflower: "Governor Palin did not speak to Mr. Kopp before he was appointed to his new job."

And as we already knew, Kopp served just two weeks in the job, before resigning after news reports surfaced showing that he had been reprimanded in connection with a past sexual harassment complaint.

Of course, the report found that Palin was within her rights to fire Monegan, since, as a legal matter, the governor can fire state officials for any reason, or none at all.

But that doesn't mean that, as a question of governance, it wasn't a rash, poorly thought-out move, done for reasons of personal pique rather than a concern for the public interest.

Here's a funny note from the report that brings home the depths of Sarah Palin's antipathy toward Mike Wooten:

Shortly before the annual celebration of Police Memorial Day on May 15, 2008, Commissioner Monegan had dropped off a color photograph at Governor Palin's Anchorage office with a request that she sign and present it at the ceremony. The photograph was of an Alaska State Trooper who was dressed in a formal uniform, saluting. He was standing in front of the police memorial located in front of the crime lab at AST headquarters in Anchorage, partially obscured by a flagpole. The picture to be signed by the Governor was to be used as a poster to be displayed in various Trooper Detachments around the state.

Shortly after he returned to his office from dropping off the photograph, he received a call from Kris Perry, Governor Palin's Director of her Anchorage office who asked [according to Walt Monegan's testimony] "Why did you send a poster over here that has a picture of Mike Wooten on it?" Until that moment, Commissioner Monegan never realized it was indeed a photograph of Trooper Wooten. Governor Palin cancelled her appearance and sent Lieutenant Governor Parnell in her place.

Monegan's eventual replacement as Public Safety Commissioner, Charles Kopp, testified that Palin aide Frank Bailey later called him and told him the administration was thinking about replacing Monegan as commissioner. When Kopp asked why, Bailey cited the incident with the Wooten photograph as one reason, among several, for the governor's displeasure with Monegan.

Walt Monegan told Steve Branchflower about what he was thinking directly after a meeting with Todd Palin, in which the "First Gentleman" had given him a stack of files about Mike Wooten's record, and had asked Monegan to look into whether Wooten had been appropriately disciplined:

Well, on the drive back as i was reflecting on the meeting -- drive back to the office, I was thinking that in essence they certainly didn't like the idea that Wooten was still employed. And they wanted severe discipline, probably termination, and that -- and if this was going to build, I had this kind of ominous feeling that I may not be long for this job if I -- if I didn't somehow respond accordingly.

The Trooper-Gate report provides an answer to something we were asking ourselves earlier this week.

It was announced, just days before Steve Branchflower was scheduled to wrap things up, that several top Palin aides would reverse course and honor subpoenas issued in the investigation, after resisting them for weeks. But would Branchflower, we wondered, have enough time to depose those key witnesses and include their testimony in his report?

The answer: no.

Branchflower writes:

On October 6, 2008 Attorney General Talis Coberg announced that some of the ... employees have decided they wish to honor their subpoenas and provide information about this case to the Legislative Council. Given that last minute decision, and in view of the publication date of October 10, 2008 for this report, it has not been possible to inculde any such information herein. It is anticipated that the additional information will be submitted to the Legislative Council in a separate report prepared by the employees and/or the Attorney General.

It's impossible to know what additional information these witnesses would have provided Branchflower. And he made clear that, even without them, he had enough information to draw firm conclusions.

Still, it's certainly plausible that with input from Palin's top lieutenants about the pressure they may have been under to pursue the Wooten matter, the report would have been even more damning.

In that limited regard, the Palin camp's stonewalling appears to have worked.

From the start, the McCain-Palin camp's major strategy in defending Sarah Palin on Trooper-Gate has been to argue that the investigation is a partisan witch-hunt run by supporters of Barack Obama, designed to inflict maximum political damage on the governor.

But most partisan witch-hunts don't end up spending only 75 percent of their allotted budget.

Sen. Hollis French, who was overseeing the probe, told the Anchorage Daily News last night that the investigation ended up costing only $75,000. When legislators voted to launch it in July, they had authorized spending up to $100,000.

The paper reports that Steve Branchflower, the investigator, will be paid $45,000, and the additional $30,000 went to "expenses such as copying, court reporting and transcribing, and managing computer files."

Of course, the fact that the report's release date was moved up by three weeks, to ensure it didn't appear on the eve of the election, may have been one reason why it came in under budget.

Still, Branchflower left $25,000 on the table. That's not exactly the move of 21st-century Ken Starr, a comparison made by Palin's lawyer.

Here's a key excerpt from the Trooper-Gate report about the nature of Sarah Palin's abuse of power, in regard to her failure to rein in her husband's efforts to pressure state employees to fire Mike Wooten:

[Sarah Palin] had the authority and power to require Mr. Palin to cease contacting subordinates, but she failed to act.

Such impermissible and repeated contacts create conflicts of interests for subordinate employees, who must choose to either please a superior or run the risk of facing that superior's displeasure and the possible consequences of such displeasure. This was one of the very reasons the Ethics Act was promulgated by the Legislature.

Here's a statement from the McCain-Palin camp on the report.

"Today's report shows that the Governor acted within her proper and lawful authority in the reassignment of Walt Monegan," said Palin spokeswoman Meg Stapelton. "The report also illustrates what we've known all along: this was a partisan led inquiry run by Obama supporters and the Palins were completely justified in their concern regarding Trooper Wooten given his violent and rogue behavior. Lacking evidence to support the original Monegan allegation, the Legislative Council seriously overreached, making a tortured argument to find fault without basis in law or fact. The Governor is looking forward to cooperating with the Personnel Board and continuing her conversation with the American people regarding the important issues facing the country."

Here's another interesting finding, that belies a key claim made by Governor Palin in her defense against the Trooper-Gate allegations.

"Governor Palin has stated publically that she and her family feared Trooper Wooten. Yet the evidence presented has been inconsistent with such claims of fear."
...

"I conclude that such claims of fear were not bona fide and were offered to provide cover for the Palin's real motivation: to get Trooper Wooten fired for personal family related reasons."

Here's another of the report's key conclusions:

"The evidence supports the conclusion that Governor Palin, at the least, engaged in "official action" by her inaction if not her active participation or assistance to her husband in attempting to get Trooper Wooten fired [and there is evidence of her active participation]. She knowingly, as that term is defined in the above statutes, permitted Todd Palin to use the Governor's office and the resources of the Governor's office, including access to state employees, to continue to contact subordinate state employees, in an effort to find some way to get Trooper Wooten fired."

...

"Governor Palin knowingly permitted a situation to continue where impermissible pressure was placed on several subordinates in order to advance a personal agenda, to wit: To get Trooper Michael Wooten fired.''

In other words, the investigators appear to have concluded that Palin's improper conduct was not the firing of Monegan, which, as governor, she had a right to do for essentially any reason. Rather, it was the improper pressure placed on subordinates in her effort, conducted largely through her husband, to get Mike Wooten fired.

About that meeting between Todd Palin and Walt Monegan, arranged by Todd Palin:

Monegan described to investgators that Todd Palin recounted to him the evidence against Wooten that had came out in the 2005 internal trooper probe -- including that Wooten tasered his stepson and drank while driving a patrol car.

Said Monegan: "He told me ... this guy shouldn't be a trooper."

Monegan added:

"My impression initially was that he's venting. I mean, there was a complaint, the troopers investigated it and they came up with a conclusion, and that he was not happy with he conclusion.

And often, having been a cop for a long time, that actually happens a lot in divorce cases."

Here's a funny note on the airs that the Palin administration appears to have put on after coming into office.

Monegan's secretary told Branchflower that she received a call in December 2006 from a Palin aide, asking to set up a meeting between Monegan and "the First Gentleman."

"At that time." said the secretary, "I was not familar with the term 'First Gentleman'...so I kept asking her 'who?', and eventually she said, 'Todd Palin,' and I said, 'oh okay.'"

The report reveals that four days after Sarah Palin was elected governor in November 2006, Todd Palin called John Glass, who was then the chief of the Wasilla Police Department and shortly afterwards became a deputy public safety commissioner for the state, working under Walt Monegan.

There were two vacant spots on the Wasilla PD at the time. Todd Palin told Glass that he did not want Wooten hired as a Wasilla officer, and that he should be fired as a state trooper.

Wooten was not hired by Glass.

The just-released Trooper-Gate report finds that Sarah Palin abused her power in the affair by pressuring subordinates to fire Mike Wooten, thereby violating an Alaska law holding that "each public officer holds office as a public trust, and any effort to benefit a personal or financial interest through official action is a violation of that trust." *

It also finds that Monegan's "refusal to fire Trooper Mike Wooten" -- who was embroiled in a family dispute with the Palins -- "was not the sole reason [Monegan] by Governor Sarah Paln" but "it was likely a contributing factor". Still, the firing was a proper exercise of Palin's authority to hire and fire executive branch department heads.

In addition, the report found that the office of Attorney General Talis Colberg failed to substantially comply with the legislature's written request for information about the case in the form of emails.

* This sentence has been updated from an earlier version.

The legislative council voted 12-0 to release the Trooper-Gate report, according to the Anchorage Daily News.

Legislators had been in a closed door meeting all day.

We'll let you know about its findings once we have a copy.

Update: Here's the report.