ANCHORAGE, Alaska, Oct. 4, 2008

Aka. Top Court To Hear Troopergate Appeal

GOP Legislators Ask State Supreme Court To Block Release of Report Into Charges Of Abuse By Palin's Office

  • A missing sign with Alaska Gov. Sarah Palin's picture is seen at a Hold Palin Accountable rally organized by Alaskans For Truth, in Anchorage, Alaska, Sept. 27, 2008.

    A missing sign with Alaska Gov. Sarah Palin's picture is seen at a Hold Palin Accountable rally organized by Alaskans For Truth, in Anchorage, Alaska, Sept. 27, 2008.  (AP Photo/Al Grillo)

  • Play CBS Video Video 'Troopergate' Heats Up

    Individuals close to Sarah Palin who have been subpoenaed in the "Troopergate" investigation have refused to testify, including Palin's "First Dude" husband Todd. John Blackstone reports from Alaska.

  • Video Palin Becomes Crop Circle

    "CBS News RAW": Duke and Martha Wheeler have carved out a picture of Sarah Palin in their corn maze in Whitehouse, Ohio.

  • Video Sarah Palin Speaks Out

    In an exclusive interview with CBS News, Katie Couric speaks with Republican vice-presidential candidate Sarah Palin about her various positions on foreign policy and diplomacy.

  • Timeline Palin's Path

    A look at Alaska Gov. Sarah Palin's life and career

  • Photo Essay Sarah Palin

    Alaska's youngest and first female governor tabbed to be McCain's running mate.

(CBS/AP)  The Alaska Supreme Court has agreed to decide whether the findings of an investigation into abuse-of-power charges against Gov. Sarah Palin can be blocked.

The probe is investigating allegations that Palin, her husband and staff members exerted pressure to have her ex-brother-in-law, an Alaska State trooper, fired, and that another official who refused was himself fired by Palin.

The report on "Troopergate" is scheduled to be released next Friday, less than a month before Election Day.

A group of six GOP legislators who fear the report may be potentially damaging to Palin's vice presidential candidacy is asking the Supreme Court to decide on halting the report, the day after a Superior Court judge allowed the investigation to proceed.

The lawmakers claim the probe (which was originally authorized as a bipartisan investigation by the Republican-controlled state legislature) is being manipulated for political purposes to hurt Palin before Election Day.

The Texas-based Liberty Legal Institute and local attorney Kevin Clarkson, who are representing the GOP legislators, filed the emergency appeal which read, in part, "The plaintiffs and Alaskans will suffer irreparable harm if the investigation at issue continues and if the resulting investigative report issues as planned on Oct. 10, 2008."

The court scheduled oral arguments for 3 p.m. Wednesday on whether to suppress the probe's findings, with a promise to issue a decision by the end of Thursday.

The independent investigator conducting the probe plans to turn over his conclusions by next Friday to the Legislative Council, the body that authorized it.

The probe is looking into whether Palin, who is Republican Sen. John McCain's running mate, 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.

In dismissing the lawsuit, Superior Court Judge Peter Michalski said the Legislature has the ability to investigate the circumstances surrounding the firing of a public officer the lawmakers had confirmed.

Liberty Legal Institute attorney Kelly Shackelford said Friday that Michalski wants the court to rule that the legislative investigation is unconstitutional. He said that alleged bias by the probe's overseers violates a provision of the state constitution that says legislative and executive investigations cannot infringe on a person's right to "fair and just treatment."

Liberty Legal Institute is the litigation arm of the Free Market Foundation, a Plano, Tex.-based nonprofit that works to organize and promote a conservative Christian agenda. It is allied with Dr. James Dobson's Focus on the Family.

Defense attorney Peter Maassen said the Legislature is free to conduct an investigation as it sees fit and the judge's ruling confirmed the separation of power principles. By the time the Supreme Court makes a ruling, the investigation will have already been completed - all that will remain will be to make its findings public.

"There's been no time in history that a court has suppressed the outcome of a legislative investigation," Maassen said.

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 be honored because they shouldn't have been issued.

It was not clear if those aides would join the appeal. Governor's spokesman Bill McAllister said Attorney General Talis Colberg has not yet spoken with the aides since the ruling was made.

Palin had pledged her cooperation with the probe, until she became the vice presidential candidate. She has said through her lawyer that she only will cooperate with a separate investigation, one that she calls unbiased but is conducted in secret, by board members appointed by the governor's office, and which can last for years.

Maassen represents Senate Judiciary Chairman Hollis French, the Democratic project manager of the investigation; Sen. Kim Elton, Democratic chairman of the Legislative Council; the investigator, retired prosecutor Steven Branchflower; and the Legislative Council.

French said Sept. 2 that the results of the investigation could constitute an "October surprise" for the McCain campaign. He later apologized for the remark, but Palin's lawyer has said the biased impression it created can't be undone.

Of the Supreme Court's five justices, one (Daniel E. Winfree) was appointed by Gov. Palin.

© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Share:
  • Share
  • Yahoo! Buzz
  • Mixx
Add a Comment See all 140 Comments
by harbinger09 October 6, 2008 3:06 AM EDT
There is a new Poll on PBS about Palin being qualified for VP. The RNC got word of it and has had supporters inundate the site with yes votes for Palin. This poll is to be broadcast on the major networks later. it is not a scientific poll but an electronic poll--if you have an opinion about whether Palin is fit to be President or not--go to this link, also email this link to anyone who you think has an opinion on Palin.

1) Click on link and vote yourself. Here''''''''s the link:
http://www.pbs.org/now/polls/poll

-435.html

and cast your vote
Reply to this comment
by mccainisevil October 6, 2008 2:07 AM EDT
MY HOLIDAY WITH JOHN McCAIN

http://myblogthebword.blogspot.com/2008/09/my-holiday-with-john-mccain-it-was-just.html

A MUST READ - THIS GUY IS AS SICK AND CREEPY AS IT GETS!!!!

"McCain''s appreciation of the beauty of Asian women was so great that David the American economist had to move his Thai wife to the other side of the table from McCain as McCain kept aggressively flirting with and touching her. Needless to say I was irritated at his large ego and his rude behavior towards his wife and other women, but decided he must have some redeeming qualities as he had adopted a handicapped child from Bangladesh. I asked him about this one day, and his response was shocking: "Oh, that was Cindy''s idea - I didn''t have anything to do with it. She just went and adopted this thing without even asking me. You can''t imagine how people stare when I wheel this ugly, black thing around in a shopping cart in Arizona .
Reply to this comment
by jimmiejobob October 5, 2008 12:04 PM EDT
Have you heard the latest?

Todd Palin may talk after all, around the third week in October.

-------------------------------------------------------------

Read the fine print...He agreed to testify at the Personnel Board Hearing...Not the one He was subpoenaed to attend. Keep in mind the Personnel Board Hearing is a 3 member team that answers directly to Governor Palin...This is a scam.
Reply to this comment
by jimmiejobob October 5, 2008 11:55 AM EDT
Is this the transparency we are to believe in? The only transparency Sistah Sarah is interested in is a glass ceiling. Not the one Hillary taught us to know and love. This is a ceiling of her own design. One that is self serving. It''s only purpose is to be the launching pad for Sarah Georgette palin''s legacy.

What McSarah doesn''t realize is, She is being used. She is of no more import than the 18 million "pawns" they hope to attract by making her the hood ornament on the Flip Flop Express.

Sarah was a big deal in Wasilla. Not so in Sin City. A barracuda is out of it''s league when surrounded by Great White Sharks. Now, They may allow her to think she is one of them, as long as she is stirring up the water and directing prey into their jaws.... But when her mission is accomplished, she will become a midnight snack.
Reply to this comment
by realpolitik3 October 5, 2008 10:02 AM EDT
I love comments where it starts out great then becomes a nightmare of misspelled words which is interesting since it shows in red underline that the word is misspelled so one has to really be numb not to correct it.
Reply to this comment
by realpolitik3 October 5, 2008 9:52 AM EDT
The Trooper Gate controversy seems to contain all the mystery of a who dun nit. It is so very well fitted into this whole incredible election season that has had just about everything but the kitchen sink. Surprises galore, huge conventions, build ups to debates, switches in momentum, and a whole lot more. I for one will be waiting for this report to be released and my hunch is it will reflect bad news for the Governor. In all that this election has brought forth, wouldn''t you know there is still much more to wait for. So strap in and hang on it should get really good from now to election day.
Reply to this comment
by prudentvoter October 5, 2008 7:01 AM EDT
It is incredible that she thinks she can pull this off without us noticing. Maybe she thinks that she can just flash her big eyelashes at us and we wont notice. That might work in Alaska but not down here.
Reply to this comment
by October 5, 2008 6:52 AM EDT
"The plaintiffs and Alaskans will suffer irreparable harm if the investigation at issue continues and if the resulting investigative report issues as planned on Oct. 10, 2008."

So Palin and the McCain camp want to "suppress the probe''s findings"... like THAT wouldn''t cause irreparable harm to their campaign??? How do they think American voters will view Palin and McCain if the results of an investigation into Palin''s abuse of power are successfully SUPPRESSED? That''s a maverick? An outsider? Uh, sounds like something from the Bush Administration playbook to me.
Reply to this comment
by jimmiejobob October 5, 2008 5:37 AM EDT
The PALIN/mccain Ticket is a Train Wreck ...Hopefully Voters will wake up in time.
Reply to this comment
by eroosevelt08 October 5, 2008 5:27 AM EDT
Sorry! Yes, Governor Palin.
Reply to this comment
by eroosevelt08 October 5, 2008 5:26 AM EDT
And yes, if the result of the investigation goes against Palin, it is better that it comes out before the election. McCain was not thinking well when he chose a VP with so much baggage behind her.
Reply to this comment
by jimmiejobob October 5, 2008 5:26 AM EDT
That would be...Governor Palin :)
Reply to this comment
by eroosevelt08 October 5, 2008 5:24 AM EDT
A Hillary supporter would not be fooled by a puppy like Senator Palin.
Reply to this comment
by jimmiejobob October 5, 2008 5:23 AM EDT
That would be...."Gosh Durnit"
Reply to this comment
by mysticstone October 5, 2008 5:19 AM EDT
"Palin had pledged her cooperation with the probe, until she became the vice presidential candidate. She has said through her lawyer that she only will cooperate with a separate investigation, one that she calls unbiased but is conducted in secret, by board members appointed by the governor''s office, and which can last for years."

How in the heck would an investigataion conducted by board members that she appointed be unbiased??? Geez Louise, how stupid does she think every one is??? She is the one that stated she would cooperate up until the time McCain choose her to run as #2! She is the one that has been attempting delays by having all her staff and her husband refuse the subpoenas. With some information that this investigation has brought to light, Alaska should start proceeding to impeach her. Sounds like she could not do her job and was having her husband take care of most things. He was the one that attended meetings with staff and the Cities elected officals, not her! So who exactly is the governor of Alaska, Sarah or Todd, perhaps John McCain should change the ticket to John McCain/Sar-odd Palin!!!
Reply to this comment
by jimmiejobob October 5, 2008 5:06 AM EDT
Ummm.The investigation ends the 10th...Of Course he will talk the middle of the month
Reply to this comment
by smurfcrusher October 5, 2008 4:47 AM EDT
Have you heard the latest?

Todd Palin may talk after all, around the third week in October.

This is an obvious stalling tactic, and his answers will be full of "I don''t remember" or "I don''t recall".

I say the report should be produced on Friday as planned, and an addendum can be filed later, if appropriate.
Reply to this comment
by jimmiejobob October 5, 2008 4:43 AM EDT
Karl Rove gave them all...Get Out Of Jail Free Cards
Reply to this comment
by occams_taser October 5, 2008 4:38 AM EDT
They need to arrest every Republican that doesn''t obey a subpoena.

Except that would leave no Republicans left in the government.
Reply to this comment
by jimmiejobob October 5, 2008 4:19 AM EDT
Is this the transparency we are to believe in? The only transparency Sistah Sarah is interested in is a glass ceiling. Not the one Hillary taught us to know and love. This is a ceiling of her own design. One that is self serving. It''s only purpose is to be the launching pad for Sarah Georgette palin''s legacy.

What McSarah doesn''t realize is, She is being used. She is of no more import than the 18 million "pawns" they hope to attract by making her the hood ornament on the Flip Flop Express.

Sarah was a big deal in Wasilla. Not so in Sin City. A barracuda is out of it''s league when surrounded by Great White Sharks. Now, They may allow her to think she is one of them, as long as she is stirring up the water and directing prey into their jaws.... But when her mission is accomplished, she will become a midnight snack.


Reply to this comment
See all 140 Comments

Exclusive Webshow

Mike Huckabee on GOP "rock stars," 2012, health care reform and more. Watch Now

Latest News
News in Pictures
Scroll Left Scroll Right
Connect with CBS News

Stay connected with the CBS News using your favorite social networks and online news applications: