Judge Lets Palin Troopergate Probe Proceed

(AP)  An Alaska judge on Thursday refused to block a state investigation into whether Gov. Sarah Palin abused her power when she fired a state official this summer.

Judge Peter Michalski threw out the lawsuit filed by five Republican state legislators who said the investigation had been tainted by partisan politics and was being manipulated to damage Palin shortly before the Nov. 4 presidential election. Palin is the Republican vice presidential candidate.

"It is legitimately within the scope of the legislature's investigatory power to inquire into the circumstances surrounding the termination (of) a public officer the legislature had previously confirmed," the judge wrote in his decision.

The probe is looking into whether Palin 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.

The five Republican lawmakers had argued that the legislative body that ordered the investigation exceeded its authority. Their attorney, Kevin Clarkson, said the political bias was demonstrated by the plan of the Legislature's independent investigator to issue a report by Oct. 10 although the full legislature won't consider until reconvening in January.

But Michalski said in his ruling that the mere appearance of impropriety does not mean any individual's right to fairness was violated.

The independent investigator, Steven Branchflower, still plans to conclude the probe and report his findings by Oct. 10, said Democratic state Sen. Hollis French, the investigation's project manager. Branchflower's report will not include the testimony of Palin's husband, Todd, and several top aides who refused to appear under subpoena.

In the ruling, released minutes before Palin and Sen. Joe Biden faced off in a debate in St. Louis, Michalski agreed with defense attorney Peter Maassen, who argued that the Legislature has the authority to investigate the governor as it sees fit.

"He agreed with us on pretty much everything," Maassen said of the judge's ruling. "The separation of power principles that governed this case seemed pretty clear."

Maassen represents the Legislative Council, 10 Republicans and four Democrats who authorized the investigation, and others involved in the probe.

Clarkson said in a statement that the judge's decision was "dangerous because it robs every Alaskan of the protection specifically provided by the Alaska Constitution" against bias interfering with due process.

At first, Palin agreed to cooperate with the probe, but since being picked Aug. 29 to be McCain's running mate, she, her family and staff have instead said the legislative investigation has been compromised by politics and that they would only cooperate with a separate investigation run by the Alaska State Personnel Board, whose members Palin can fire.

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.

SarahPalin's husband, Todd Palin, also refused to testify under subpoena, but he was not a plaintiff in the lawsuit filed by the state. His attorney, Thomas Van Flein, declined to say whether Palin would testify now, saying he had not seen the ruling to study the options.

"The question was never if Mr. Palin would testify, only where. The personnel board or the committee," Van Flein said by e-mail. "Now it could be both. But no decision has been made."

[dibs977]

Bush aids trained Palin for the VP debate. She would be their puppet. God help us if she gets elected. I think she is deceptive, mean spirited and not qualified. And McCain is not qualified based on his decision to have Palin as his running mate.
Vote Obama---or we may all be destroyed by the ruthless politics of Bush and Cheny---and their money hungry cronies.

[pastdue1]

Then pray tell, would you suggest? Because we sure don''''t need the SOCIALST obama in there????
Posted by hbevis at 02:43 PM : Oct 04, 2008

It seems that with the government bailing out the capitalists companies and taking over their debts, buying into AIG and taking back FannieMae and FreddieMac you are getting more socialism under this Republican president than an administration under Obama would ever instigate. What programs Obama wants are programs that will help those who have a specific need , it does not replace the capitalism in our economy, it does not place the production or the business of capitalism under government control. He doesn''t have to do that, Bush already accomplished it. Bush''s unintentional socialism is helping the capitalists out of a fix that they created for themselves. Bush has created welfare for capitalists with his hands off economic policies.

[obamaslady]

It''s so funny that those of you here who seem to HATE Obama, not because he is so intelligent, but rather because he is half black, because I suspect you will get more help from him than you ever received from Bush. He will not start a pre-emptive war, he will not cause you to lose freedoms under the Patriot Act, and he will cause your environment to continue decaying. He will help because he has the intellect and the judgment required to listen and discern the issues. He will even repeal the Bush tax cuts for the wealthy and give the middle class tax breaks. Unless you are among the 2% wealthy of our country, you will benefit from his Presidency - whether you like it or not!

[hbevis]

I still maintain that almost anyone with any sense at all could serve as President.
Posted by hbevis at 01:08 PM : Oct 04, 2008

True, almost anyone COULD serve as president and, to prove it, we just finished 8 years of just anyone serving as president.
What Americans want is not just anyone this time, not the six pack man, not the hockey mom, we need someone who really does know how to pick the best advisors, really will listen to the advisors and after that, have the intelligence to make a truly informed decision. Not a decision made around the poker table with the six pack guy, not a decision made in the stands watching the hockey game, not a decision made from the gut by a couple of mavericks, but an honest to goodness INFORMED decision.
God Save America if we elect another just anyone.

Posted by pastdue1 at 02:03 PM : Oct 04, 2008
Then pray tell, would you suggest? Because we sure don''t need the SOCIALST obama in there????

[pastdue1]

I still maintain that almost anyone with any sense at all could serve as President.
Posted by hbevis at 01:08 PM : Oct 04, 2008

True, almost anyone COULD serve as president and, to prove it, we just finished 8 years of just anyone serving as president.
What Americans want is not just anyone this time, not the six pack man, not the hockey mom, we need someone who really does know how to pick the best advisors, really will listen to the advisors and after that, have the intelligence to make a truly informed decision. Not a decision made around the poker table with the six pack guy, not a decision made in the stands watching the hockey game, not a decision made from the gut by a couple of mavericks, but an honest to goodness INFORMED decision.
God Save America if we elect another just anyone.

[pastdue1]

I still maintain that almost anyone with any sense at all could serve as President.
Posted by hbevis at 01:08 PM : Oct 04, 2008

True, almost anyone COULD serve as president and, to prove it, we just finished 8 years of just anyone serving as president.
What Americans want is not just anyone this time, not the six pack man, not the hockey mom, we need someone who really does know how to pick the best advisors, really will listen to the advisors and after that, have the intelligence to make a truly informed decision. Not a decision made around the poker table with the six pack guy, not a decision made in the stands watching the hockey game, not a decision made from the gut by a couple of mavericks, but an honest to goodness INFORMED decision.
God Save America if we elect another just anyone.

[hbevis]

I still maintain that almost anyone with any sense at all could serve as President. There are just to many people out there that are very good advisor''s. Of course we do not need some radical person in there! Like obama for instance.

[hbevis]

Her approval rating in Alaska has dropped to the 60''''s.
Now what this should tell you, is that perhaps the Alaskan voters are just now finding out a few things about Sarah Palin and may not be liking it. pastdue1

It is now 68% which is still pretty good. Time will tell if it goes up or down from here.

[pastdue1]

He approval rating in Alaska is well over
80%. That tells me a lot, and she has had some ups and downs. So what?
Posted by hbevis at 08:06 PM : Oct 03, 2008

Her approval rating in Alaska has dropped to the 60''s.
Now what this should tell you, is that perhaps the Alaskan voters are just now finding out a few things about Sarah Palin and may not be liking it.
However, one of the reasons that she had such a high approval rating is that she managed to get more money/yr for each Alaskan from the Oil Companies. What most Americans, Alaskans included, don''t seem to realize is that the American taxpayer is paying this money to the Oil Companies. So you could say that the American taxpayer is paying a sort of welfare to every citizen of Alaska.

[spredbury]

I only hope this is this be beginning of the end of the Palin Project. Maybe the investigation into this act and her recently released tax returns will result in her speedy return to Alaska where she can shoot some more moose. I for on am tired of her shooting the bull in the lower 48. The more I see of this woman the more I fear the possibility McCain could be elected President. If McCain and Palin were elected we would just be replacing Bush/Chaney with like examples; only difference one would wear a skirt.