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Alaska State Supreme Court: Troopergate

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On Friday, The Alaska State Supreme Court agreed to hear an  emergency appeal from lawyers seeking to shut down the Legislature's investigation of Gov. Sarah Palin. 

The state Supreme Court scheduled oral arguments on their appeal for 3 p.m. Wednesday and agreed to rule no later than the close of business Thursday.

On September 16, five Republican state lawmakers filed a lawsuit to stop the investigation that was authorized by the legislative council. The following day we posted a blog that stated, "this is ridiculous as no judiciary is going to insert itself in a disagreement between lawmakers over a difference of opinion."

In July, a bi-partisan group of lawmakers had voted unanimously to support an investigation into the governor's firing of former public safety commissioner Walt Monegan and that her office potentially abused their power.

Only after Governor Sarah Palin was named to the McCain ticket did a handful of Republican lawmakers begin complaining about fairness and attempting to delay the final report.

On Thursday, Superior Court Judge Peter Michalski dismissed the  lawsuit, ruling that the conduct of the investigation did not violate the right to fairness. He found the Legislature has the right to investigate, and issues such as whether that happens through a council or committee are not for the courts to decide and is "business to be left to the legislative branch."

As we stated after the lawsuits were filed, the lawmakers filing this suit have no standing to sue their fellow lawmakers. The legislature operates with the rule of 21 and 11 meaning 21 votes in the House and 11 in the Senate allows the legislature to set their own rules and direction by a majority vote. The ruling by Michalski proved the judiciary will not get involved in a legislative spat between lawmakers.

In addition, Michalski threw out a lawsuit filed by Alaska Attorney General Talis Colberg. Colberg, a Palin appointee, was attempting to persuade the court to quash the Legislature's subpoenas ordering state officials to testify in the investigation. By dismissing Colberg's suit, Judge Michalski ruled the subpoenas were legally issued and enforceable.

Look for the Alaska State Supreme Court to uphold Judge Michalksi's ruling and allow independent investigator Steve Branchflower to go about his business. 

This is nothing more than a frivolous lawsuit. The legislature is free to conduct their business as they see fit and the rules are worked out among themselves based on a majority of the votes in the Senate and House and the judiciary is not going to get involved between squabbling lawmakers.

The Supreme Court only agreed to take this case due to public interest and establishing a precedent so the next time the lawmakers want to sue themselves they won't burden the court.

What is the most absurd about this whole process of wasting time and money is the lawsuit was filed by some of the same Republican lawmakers like Fred Dyson who have long berated Alaskan judges for legislating from the bench.

The Supreme Court will toss this out and then Branchflower will put his report out. 


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I guess I just don't

I guess I just don't understand what's going on in our country. Look at the justice system for example. Today in the news you see a 20 year old college student who managed to "hack" into SP's email account even though she gave away one of the answers at the RNC and the rest were public knowledge (perhaps she should have thought of more 'secure' security questions?). He's being led into court in handcuffs and shackles. Meanwhile, SP, the person who really belongs in jail is out campaigning for Vice President of the US! Not only has she abused her power but she tries to force Monegan to abuse his. Meanwhile lawyers are working hard to keep her from even facing a preliminary investigation. I am so saddened that at a time when this country needs a great leader, these options are the best the parties could put in front of us.


email tragedy

I agree; I don't like to see this young man's life destroyed. Problem is, along with all the other criminal acts the Palin's have done.........they have done the same thing to Randy Rhuedrich. I am amazed no investigation has been done in this. Where is he, and what is he doing? In jail? I don't know really.


On Trooper- Gate

Sounds to me like the Alaska republicans are hedging their bets. As long as things are delayed McCain & Palin don't have to worry about an October surprise. If they win in November any revelations from Alaska are mooted by the election and even if a crime were committed the U.S. Constitution would bar her prosecution during her tenure as vice president. If they lose the election,this issue and Sarah Palin will be relegated to the dust bin of history.


Troopergate

By virtue of the fact that many Republicans, including the national ones, want the Palin inquiry quashed, it begs the question that there must be something hidden that they know about and don't want us to find out. It is reminiscent of us as kids who, when told not to do something, would do it just because we'd been told not to. The more they complain, the more folks want to look into it. It's sort of like touching the park bench after it's been painted and there's a sign saying, "Do Not Touch - Wet Paint." It's irresistible.


Sarah thinks lying is OK!

Lying it OK in Sarah Palin's Religion, as long as it is a means to gain power. She is a member of a Pentecostal religon called Joel's Army which believes in Dominion theology. Dominion theology is the belief that Christians have a divine right to fill, and if necessary seize positions of power in the society and government. For most of them, in the end of times (which, they believe, we are in or on the brink of), God will create special leaders who will overcome the world, destroy the enemies of Christ and attain ruling power ('dominion') throughout the world, ushering in the Kingdom of God. Some of the leading Pentecostal preachers use elements of dominionist ideas when preaching, and use terms inferring that such leaders will come from their own ranks. If you were not scared before by Sarah Palin possibly being our next VP - now you should be!


Compared to the radical

Compared to the radical teachings of Jeremiah Right and Obama's two Muslim-socialist daddies (father and step father- one who wrote a book about tax theory espousing a 100% marginal tax rate for the "rich"), Sarah background is mellow. The media has so buried Obama's past that uninformed faith bashing people like you can continue to ignore the real threat to America - Barack Hussein Obama!


Are you kidding me? I don't

Are you kidding me? I don't think so. living in the lower 48 is far worse than Canada, Europe etc. The lower 48 is despised around the world and is the most racist country in world. They don't get it.


Go put your racist self to

Go put your racist self to bed and get up on the "thinking" side.


latest development

So now some will honor the orders to appear and be deposed per the ADN this morning. "Now what?" is the question: 1) Is the appeal to the Alaska Supreme Court being withdrawn? Likely not. Todd Palin and the Republica 5 are still in the mix 2) Will this delay the release of the report? Probably. This keeps an unfavorable report out of the lime-light a little longer. I am believing the report to be unfavorable from the news-coverage and "leaks" as posted on the web. Todd Palin will not be deposed by Branchflower and cross-examined with evidence. 3) End criminal contempt prosecution: This will likely "moot" any criminal prosecution for contempt, they can rely on the "bad advice", this is new and novel, and "I complied anyway" defenses. Will the State of Alaska really (after initial non-compliance) want to appoint a special prosecutor to deal with the contempt issues? Not likely. Final assessment: brilliant ploy by the Palin administration to delay the release of the report, still sheild Todd Palin, limit the criminal exposure of loyal Palin employees. If the Republican five still pursue the appeal, they win, by still claiming the investigation was tainted by French et al.


Palin Lies

Again - Palin has brought this on herself by refusing to grow up and face the music and make it right. Many times in our own lives we have been wrong. What most grown ups do is admit it - do what they can to make it right - move on and learn from it. If McCain does not win she will fly back in maybe on her broom rather than his campaign jet but then what. How do we deal with her. She will no doubt be worse as she will think she is smarter and better than all of us. You know when his report comes out - it could show that they committed crimes - then what? PS - Hey JimAK I like reading your posts. It think you are Todd.


ZZZZZZZZ

You folks are unbelievable. What do you think Todd Palin is going to do? Testify that his wife, the Governor, asked him to get Wooten fired? "Look, Walt, you gotta get rid of Wooten. If you don't, she's going to fire you and kick me out and take the kids, the house and the Super Cub. Here's a letter that describes everything in detail." Do you think any of those subpoenaed are going to admit to any wrongdoing by the Governor? And what if they did, is there any physical evidence to back this up? If there were, Frenchflower wouldn't need anybody to testify. And speaking of subpoenas, anybody want to take a bet that even if the 12 showed up, French would then take that testimony to widen the investigation? 'After talking to the 12 witnesses, we have determined that the level of involvement goes far deeper than we have been led to believe. We will be carefully going over all the witness statements we've received so far and we will be issuing many more subpoenas in the weeks to come.' This whole deal has been a witch hunt from the jump. There is no evidence here other than hearsay and rumor. She said, she said. French wants to keep this issue in front of the press as long as he can so he raises his own public profile for his '10 Governor's race and so he can tap the Democrat party coffers for his run. Monegan served at the pleasure of the Governor. She didn't need a reason to fire him. Todd Palin is a private citizen. He can say or do what he want without any offical connection back to the Governor. Murleen Wilkes has apparently changed her testimony which would make her a liar and an unreliable witness. French or Branchflower leaked her secret testimony to the press which might shed some light on their motives and sense of ethics. And a number of other secret details have ended up on blogs like this one which, again, speaks to French's integrity. Yes, Hollis French, the man who talked of an "October Surprise" and a report that would "likely be damaging to the Governor." The only people who care about 'Troopergate' are those who want to use it to embarrass the Governor. None of them care about the so-called truth, none of them are worried about 'an abuse of power.' This is all political opportunism at its worst. If Sarah hadn't been nominated, the Democrats would have gotten bored and gone home but the stakes are much higher now so the DNC is pouring gas on the flames at every possible chance, counting on some 'concerned citizens' to keep the issue alive. Concerned citizens? All they are looking for is a chance to smear some mud on Sarah. These folks are divided into 3 categories: Sore losers, Obama Democrats and pro-abortion women. Which description fits you? Or is it all three?


Blogspots

Andrew, Why don't you show JimAK how to set up his own blog? His rantings detract from the articles you write. People respond to his ravings instead of discussing your posting. Personally I think he might be suffering from PTSD. Post Traumatic Sarah Disorder.


Post Traumatic Sarah Disorder

Hahahahaha, that's good.


So basically, the only

So basically, the only person who has credibility with you would be a conservative male, or a pro-life woman? I think Steve Branchflower fits that description. He's definitely not a sore loser, he is not a democrat, he is not an Obama supporter, nor is he a pro-abortion woman. I'm sure you will embrace his findings, right? And of course I expect Todd and those good Christian top staffers to lie throught their teeth. But, I also suspect that Steve Branchflower has spent the last two months carefully combing through all of the written recrods, emails, etc that will trip them up in their lies. They can follow Governor Palin's lead, since we have all seen her willingness to repeat on national stage lie, after lie, after lie (I told them no thanks, we're building a pipeline, I'm an advocate for special need children even though I cut funding for special olympics, I cut spending in my state, I cut taxes (we don't have any), and I'm an energy expert). I'm from a small Alaska town, and where I come from small town values include humility, not exagerating your accomplishments to the point of flat out lies. In the integrity department your Governor and her Christian friends should be asking God for some serious fogiveness.


I'm just an Alaskan looking for truth

JimAK - Please use the brain that God gave you and think about what I am about to ask you: Why are the Governor and her husband and her staff members who were subpoenaed all unwilling to come forward if they have done nothing wrong? If no one did anything wrong (i.e., as in unethical and/or illegal), then no one should fear speaking with Investigator Branchflower. All Alaskans, I hope, would want to know the truth. Even you, JimAK. I am not a "hater," but I'm not stupid either. Right now, I feel like our Governor has not lived up to her promises of being open and transparent. Am I wrong? I don't think so.


Get Jim a room at API

Jim, Your logic is so flawed, it's hard to know where to start. If those under subpoena chose to lie under oath, they run the risk of being charged with perjury. I know you support liars by your rampant support of the Governor who has been caught red handed. About that cub, Todd doesn't use it anyway. Remember? You are the biggest kook who has ever taken the time to post anything. I am starting to believe that you're not out in Big Lake anymore, but you have been institutionalized. You claim there's no physical evidence. Did you already forget the Frank Bailey recording? That sums up the whole case. Walt wouldn't break the law, so he got removed. Todd doesn't quite get to play the "ordinary citizen" card since he sits in on official meetings, and has a blackberry issued by the Governor's office. That makes him part of the administration. Jim, please get some help. You are suffering from the worst case of Palinbotism I have ever seen.


All she had to do, was tell the truth?

I am one that cares about "Troopergate". I care! I am a Republican. I am a born and raised Alaskan and I, as a voting Alaskan/American want to know the truth! Why is that so hard for you to understand that people want to know the TRUTH? I am NOT a sore loser, I care about the TRUTH! I am NOT a Democrat, I care about the TRUTH! I am NOT pro-abortion, I care about the TRUTH! Personally, I don't like it when people lie and their lying in turn has the potential to destroy other peoples lives. Poor Sarah, she is the one that has smeared mud on herself....she's a liar.


Re: JimAK's endless playlist

What does your post have to do with this article? If this puts you to sleep, as the ZZZZZZZZ title of your post implies, why do you keep coming back and posting? Seriously, JimAK, get a life.


"What do you think Todd Palin is going to do?"

Oh, I don't know, JimAK. Perjure himself maybe? We'll see! It does make for very interesting political theater, don't you agree?


Fat chance.

'Todd, did your wife, the Governor, ask you to go to Monegan and ask him to fire Wooten?' 'Hmmm, lemmee see.........I don't remember...' 'Uhh, hold on a second, I need to get the door. Yes?' 'Mr. Branchflower, I need to inform you that you have been indicted on charges of transporting stolen property, hindering prosecution and other charges will likely follow. Your office has been releasing confidential and secret files to the media and to the public which violates numerous precepts of due process. You need to close your office and come with us. Please don't attempt to contact Mr. French and warn him, we have people in his office right now.'


Alaska State Supreme Court

Don't these people know McCain doesn't like judges legislating from the bench? Perhaps there are convenient exceptions.


Supreme Court

I hope and pray you are right. In addition to what the Palin Goon Squad has done to Walt Monegan I am very disturbed at the McCain people for trying to take over and disrupt the system in this State. This shows me Palin cares nothing about the State - just herself and furthering her career. If she had any character whatsoever she would have put and end to this by simply telling the truth - making amends and moved on. We would have been ok with that. But no - she tries to tear the legislature apart. That speaks volumes to her character and integrity.


I agree

I agree 100% with your words. Palin only cares about her career and her ego, nothing else.


legislating from the bench

IOKIYAR Legislating from the bench is the term that is applied to rulings that they don't like. What they are doing is causing Branchflower's report to come out close to the election which was what the legislature was trying to avoid. But the worst thing about this whole story is that she could have emerged from this by just admitting her bad judgement early on but instead, now she has smeared Moneghan, exposed Colberg as inept/unqualified, put the state through a stupid constitutional challenge and basically pissed off a lot of people. It's funny how this whole episode makes it clear how eminently unqualified for being vice-president and I suspect it will ruin her political career in Alaska too.


Troopergate

It is ridiculous that public money was spent for the Attorney General's Office to join a Texas Attorney to fight this in the Superior Court. Who is paying for all the time spent and Attorney Fees to now have this go to the State Supreme Court?


What's the basis for the review?

Was the Alaska State Supreme Court bound to hear the appeal just because it was filed? Or because of the way it was filed? Or did they feel the appeal merits review? I assume that they could have refused to hear the appeal so why did they agree to?


ASC

I was told by an Alaskan lawyer (perhaps AH could confirm this point) that the Alaskan Supreme Court HAD to hear the appeal. In a civil matter, there is no other court of appeal. Also, that their agreeing to hear it doesn't imply that they think the case has merit.

..Agreed. AH


They are hearing arguments

They are hearing arguments at 3PM Wednesday and will release a decision by EOB Thursday. Doen't that tell you they already know their decision without having to actually hear the "evidence?" I know they are compelled to hear the case, but I'm betting they've already got their briefs researched and the opinion will be unanimous - the Legislature can do as it will.


Then what

Assuming all happens as expected: SC throws out legislators' suit. Report is delivered on Friday. Will the subpoenas be enforced? Will they ever have to testify under oath?


Legislating from the Bench

I hope you're right. So far you've got a great track record. I look forward to reading Branchflower's report next week.


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