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Colberg's subpoena side step

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Over the last week, a few lawmakers have remarked to me that Attorney General Talis Colberg seems completely over his head in dealing with the investigation into his bosses firing of former Public Safety Commissioner Walt Monegan.

From conducting a pre-investigation investigation, to recusing himself due to a conflict to reinserting himself right back into the middle to getting on a plane for a vacation in the middle of one of the biggest legal controversies the attornery general's office has handle in recent history, Colberg more and more appears out of his league.

Plucked from the relative obscurity of drawing up wills in Palmer to managing one of the biggest legal staffs in the state, Colberg's latest actions show he is certainly not ready for prime time.

As officers of the court, it's generally viewed, not surprisingly, as unethical for a lawyer to advise a client to violate the law. 

Alaska law deems disobedience of a Legislative subpoena to be unlawful and provides a stiff punishment:


AS 24.25.080. Punishment For Disobedience to Subpoena or Refusal to Testify.

A person subpoenaed as provided in this chapter who fails, neglects, or refuses to attend at the time and place where the person's presence is required, or fails, neglects, or refuses to produce the books, papers, or instruments or other evidence designated in the subpoena, or who having attended in response to the subpoena, or having appeared voluntarily, refuses to testify as to any material and proper matter within the power of the senate, house of representatives, or a committee to investigate, upon conviction, is punishable by a fine of not less than $100 nor more than $500, or by imprisonment for not less than 30 days nor more than six months.

So the question has to be asked; is anyone is going to file a Bar complaint against the Attorney General for advising 11 state employees to disobey a legislative subpoena.  

Usually, is a lawyer or a party believes that there is a defect in a subpoena, the remedy is to go to court and ask the court to quash the subpoena, not advise the client to ignore it.  

But not only has Colberg advised his clients to ignore the subpoenas, but he broke a written agreement between one of his assistant attorney generals and the Chair of the Legislative Council Kim Elton over the ground rules so state employees could testify.

Shouldn't the state's top cop know the law?

Shouldn't the state's top cop abide by the law?


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Legislature Troopergate mess unlawful conspiracy coup!

TROOPERGATE CONSPIRACY COUP MOST SERIOUS LEGISLATURE ABUSE SINCE VECO This legislature conspiracy coup called Troopergate, is the most serious abuse of the elected legislature since VECO scandals. Only this is worse, where they have formed a committee coup to attack the executive office and Gov. Palin. They all should have know better, they cannot give away the people’s constitutional powers via legislative committee to a private hired gun Branchflower just to complete his $100,000 report to the same committee organizing the conspiracy coup. Branchflower’s unlawful subpoenas and extreme conflict of interest make his report worthless. Some heads will roll when this is all over, or there will no longer be due process in the Alaska legislature. If they get away with the unconstitutional coup against the executive office, then the average citizen doesn’t have a chance for justice and due process. The Courts will no doubt find the subpoenas illegal and a violation of legislature authority. This unlawful Troopergate investigation is an absolute disgrace to the constitutional binding legislators and all the People of the State of Alaska.

Yes....yes...yes....that's why the governor said she'd participate up until the time she got appointed. And that phone call by Frank Bailey... a total conspiracy.


You are full of it

You are full of it. You are acting like Branchflower did this whole thing on his own. This was decided on and agreed to by 10 Republicans, 4 Democrats and Palin herself. Before anyone became a nominee. Palin said she is transparent, and a corruption breaker. Why does this change when she becomes a nominee? That is the only thing that has changed. Remember, Gov. Spitzer was also a corruption breaker. He then broke the law and went down. She cannot have it both ways.


What about Van Flein? Other

What about Van Flein? Other commenters have indicated Colberg's actions warrant an official grievance complaint, that the result could be disbarment. Why no grievance complaint for Van Flein? TP didn't bother to appear, either. Van Flein provided a statement or a letter or whatever saying TP wouldn't appear - but Colberg provided a letter informing the State employees would not appear, too. Is it because Van Flein's notification (hey, I'm not a lawyer, if I'm using the wrong terms throughout this comment, please forgive me) included a legal excuse (shaky as it may be)? Is it because Colberg is the AG and Van Flein is in private practice? Please enlighten me... Thanks


colbergs departure

I think it was intentional he left for Kansas to delay this troopergate investigation. By slipping out of town, he avoids face to face controversy and its one more delay--stonewall of this investigation. It might be he was planning on leaving for some time now, and perhaps he waited till before his departure to slide his latest stonewall of requiring a full vote of the senate or both legislative bodies. He needs a leave slip signed (by Nizich?) and when that was signed would give us some indication of his plans. I am still trying to figure out why Bailey is on the payroll. If he's not working why is he getting paid. That's disturbing.


What the heck goes on in Alaska?!

Between Palin and Palmer are the rest of us down here in the "lower 48" to assume that Alaska is truly the last frontier? By frontier I mean that they seem to think that they're so far removed that they can act independently and make up their own system of right and wrong and justice. I'm glad that McCain chose Palin as a running mate. This shoves her, her twisted nepotism and her lying cronies out into the light where they can be seen for what they are. If there's truly any justice in the world she'll not only not be VP, but she'll be bounced as Governor of Alaska.


Supoenas

QUIT BEING A PUSSY AND DO YOUR JOB !!!!!!!!!!!!!!!!


What we need

It's pretty clear that this ain't working. Both sides have dug in deep and lawyered up and what should have been a minor case has taken on a life of its own. So, here's where it needs to go: 1. French and Branchflower terminate their investigation now. They turn over all their materials to the personnel board as requested by Palin. Probably won't accomplish much but it can't hurt and helps French regain his claimed impartiality. 2. They release a preliminary report to the public based on their limited findings. 3. They also take what they have back to the Legislature. The matter is either handled by a special session or waits for the next regular session. 4. Once the Legislature takes up the matter, a true, hands-off independent prosecutor with wind ranging powers needs to be hired. Someone from out of state with no personal or political ties to either side. 5. The ethics board needs to reach their conclusion - for what it's worth - in 14 days. French and Branchflower have little choice. They apparently don't have the power to make Palin and her associates comply with their subpoenas so they cannot move forward. French has overplayed his hand, banking on public pressure to force Palin to cooperate. It ain't there as the vast majority of folks, people who don't post on internet fora, the bulk of Alaskans and Americans feel that Palin was justified in getting rid of Monegan. Yeah, maybe something a little unclean went down but it ain't enough to bring down a dogcatcher, let alone a governor or VP. It ain't gonna be enough to vault French into the Mansion, he's going to have to earn it the hard way. Screaming about coverups and stalling isn't going to accomplish a thing. The public and the media are tired of the story and don't care. The last line of one of my favorite movies sees an LA cop leading a private detective away from a crime scene. He knows something happened there, something illegal but he also knows there ain't no way he's going to be able to prove it: "Forget it, Jake.....it's Chinatown."


Truthiness

The Personnel Board is appointed by the Governor, so how impartial is that? I don't think the general public has their mind up about whether or not Palin was justified in firing Monegan. Especially if Wooten's Workman's Comp files were peered at by someone unauthorized and in a position to pressure the Workman's Comp Contractor to withhold benefits. The issue becomes something other than abuse of power at that point. We don't know what happened, but I think we have a right to find out before the election. Seems evident that the longer this goes on w/o Palin's cooperation, the more people surmise something of magnitude is being hidden. I'm not tired of the story and, evidently, neither is ABC.


Actually...

there are quite a few of us here in Vermont paying attention to the Troopergate developments on a daily basis. Frankly, we have had enough of the current VP's abuses of power so the pattern exhibited by Palin is both relevant and disturbing. Thanks to Halcro for his relatively straightforward reporting of what is happening there in Alaska.


Personnel Board

All three members of Alaska's Personnel Board are Palin appointees. Debra E. English, Laura Plenert, and Alfred L. Tamagni, Sr. Palin in not know for responding well when board members do not do as she likes. See Mantanuska Maid Dairy Incident. There is a interesting letter authored by PB member Laura Plenert http://www.sitnews.us/0407Viewpoints/041407_laura_plenert.html regarding the firing of a Mr. Martin by the Sitka School Board.


The Palins Spit in the Face of Alaskans

As someone who voted for Sara Palin I am in shock at the arrogance of both Todd and Sara Palin but especially Todd. He is a private citizen who has been issued a subpoena and his reaction is to use New York lawyers to stonewall. He doesn't even demonstrate the respect to be in our State when he is scheduled to appear. The arrogant, elitist and dishonest behavior of both Todd and Sara Palin is wearing thin with this long time Alaskan, Republican and former supporter. Their lies, constantly changing stories and phony playing to whatever crowd or camera is around is just sad. Let Todd and Sara just keep right on going as long as it is away from Alaska where we still expect honesty from our elected officials and respect for the rule law from everyone.


How can a person refuse a

How can a person refuse a subpoena? The AG tells the state employee's to break the law? A normal everyday American citizen would be thrown in jail for refusal to answer the summons, I know many who have. This is what we want for the highest office in our land? No accountability for misuse of power. This gets stranger and stranger every day.


JimAK

Did you forget to take your meds again?


Response to JimAK

Response to Jim AK: 1."*** eliminating or restricting the "at-will" service of commissioners *** Can't/won't work." Jim, I really think you should have paid attention in civics class (if you ever took one). Absolute power, without oversight, in the hands of one person and/or entity is a dictorship, whereas the cornerstone of our democracy is built through oversight by maintaining three seperate branches of government overseeing one another on both the state and federal levels. 2. As for Gov. Palin "lying", you should realize that presenting "half truths" as the whole truth is the most effective form of lying. As long as there is a thread of truth woven into the the larger fabric of a lie, it lends a misbegotten sense of credibility and believability to the lie. It is much easier for the average person to accept a lie with a fabric of truth inserted in it, than it is for that person to search for the truth, because the searching process would take time and effort, which the average person does not want to exert.


*** eliminating or

*** eliminating or restricting the "at-will" service of commissioners *** Can't/won't work. The governor has to be able to set policy and goals and has to be able to change dept. heads if things are not operating correctly. Usually, dept. heads can see the writing on the wall but occasionally they feel they are immune. That's what happened to Monegan and, 40 years ago, that's what happened to Wally Hickel as Sec Interior.


Colberg

How convenient that he left on vacation. There are times inlife for most people that work demands require cancelling or at least postponing vacations. No one knew until late today that Sean Parnell was not going to be campaigning and Sarah is long gone. Does this seem like a good time for the Attorney Generaln to disappear. I suppose if McCain's dudes are telling you what to do and how to do it there may be no need for anyone to do anything at this level of state government. Isn't there anything that can be done legally about any of this?


ALASKA PLEASE DO SOMETHING

ALASKA PLEASE DO SOMETHING !!! Now your problems are the whole nation's problems. America deserves to have this resolved before Election Day. Only Alaskans can make it happen.


Next legislative session's agenda

I realize much of what I'd love to see accomplished in the next regular session is impossible, since it would involve amending the state constitution: things like eliminating or restricting the "at-will" service of commissioners, strengthening the investigative powers of the legislature, etc. Other things, though, I think can be accomplished: Making it impossible to gain access to confidential employee files without an absolute "need to know"; automatic termination for any employee conducting state business through private e-mail, text messaging, etc.; requiring that per diem only be paid to a state official when in actual travel status; requiring the governor to give written reasons for rejecting any nominee for a judgeship that has been approved by the judicial council. We need an overhaul of the state's ethical standards...once again. The Branchflower investigation's frustrated purpose has revealed the ambiguities inherent in the authority of the legislature to challenge the abuses of the governor. I wonder which legislators would have the strength of will to demand that the process of cleaning house begin in January? I wonder also if it's not time to review the state's constitution and tune up the parts that unequally allow a "strong" governor to manipulate the system to advantage.


Agreed.

Agreed. Everything you said - perfect. Ironic-bad, isn't it? The Governor who charged in claiming to be a reformer, who plans to head off to DC as a national reformer, has left behind her a desire by Alaskans to reform the system she herself abused so that it cannot be abused in that way again. I'm with you in hoping our legislators are up to the challenge come January, with the support of their constituents...


Serious Question

How did Sara Palin get to be such a skilled liar ??? This may seem like rhetorical question but it truly is not. I voted for Sara and even had a sign in my yard and I am now really shaken as I watch her lie on a national stage every day, day in and day out. She lies loudly and with emotion looking straight into the camera or an interviewers eyes. She lied so effectively at the Republican Convention she has become a media star for all the wrong reasons. I feel like I'm in good company as most prominent national Conservative spokesman have also been duped. Many have compared her lieing skills to Bill Clinton. I remember reading that Clinton's skill at lieing spawned from his completely disfunctional childhood and that it is not unusual for children growing up in unstable circumstances to develop manipulative skills as a protective mechanism. From all I have seen Sara Palin is supposed to have grown up in a stable home. Can anyone explain why, how and when in her life she developed and exhibited this ability to make a total fabrication believable ?? I have teenagers and they certainly push the limits and once in a while wonder over the line but they are terrible liars. They have none of Palin's ability at least at this age. My kids entire manerisms change, they blush and they speak in a whisper when they are not telling the whole truth. The contrast to Sara Palin's obvious comfort and vigor for lieing is really creepy.


Mythomania

There's a name to explain why Sarah Palin lies frequently: Mythomania - here's a Wikipedia definition: The affected person believes their lies to be truth, and may have to create elaborate myths to reconcile them with other facts. A compulsive liar will resort to telling lies, regardless of the situation - it becomes a habit and a way of life. Simply put, for a compulsive liar, lying becomes second nature.


Pathological Liars

I do not know the secret of how pathologocical liars acquire their skills, but one thing that I have observed is that these people truly believe that the lies they are telling are the God's honest truth. They have such an elevated opinion of themselves that they actually believe they can say whatever they want as long as the end justifies the means for themselves, then it becomes the "truth." I think they actually believe their own lies.


Lies about EVERYTHING and RIDICULOUS things too

I saw her tell Sean Hannity that she watched the Saturday Night Live skit with "the volume turned all the way down", making a motion like she was turning the volume knob as though her t.v. is from the 1950s. She said the visual image was "spot on" and then said again, "I did not hear anything she said." She quickly turned her comment to noting that she (Sarah) played Tina Fey for Halloween once and that is why she can say there is similarity between them. Got to bring everything back to a cute story about Sarah, I suppose, particularly when things are hard to face in a direct way. Who on earth believes she did not listen? But she said it--and said it twice to make her point with a fixed smile on her face. The reporters on her plane said they watched it from the back and she and her staff were watching from the front behind a curtain. They could not see her or hear her but come on, it defies logic to believe she went to the trouble of viewing it but did not listen. I suppose she found the skit totally unamusing and since it reflected badly on her, she has to do her best to pretend it did not exist but saying she "heard nothing." It reflects her character, and her comfort with lying, that she concocts a ridiculous story about it though and repeats it without blinking an eye.


You need to develop a more

You need to develop a more discerning ear - leaving out a portion of the story is not lying. Sarah said "she put the jet on eBay." She did. Yes, she was trying to create a positive impression and is _possibly_ guilty of a bit of embellishment but she did not lie. She said she "killed the Bridge to Nowhere." She did. She never denied she initially supported the project, never said she sent the money back. She did not lie. She never asked anyone to ban books, never tried to get creationism taught in schools, never had women pay for their own rape kits, doesn't believe lizards from Satan lived here a few years ago. Don't believe everything you read. Unless it comes from me.


She did lie

She said she SOLD the jet on e-BAY. She did not. She did not kill the bridge. Congress did. She said she fired M because he didn't do enough about rural alcohol abuse, while offering a job to do just that? This proves a lie, especially because she now says she fired him for a different reason. Don't let her lies deceive you.


Where she has not lied - completely

Jim, So you have been reduced to picking out the parts of her speaches where she is NOT lieing - completely. Admittedly you have chosen the shorter list vs. the absolute complete falsehoods. Wow this is getting a little strange.


Your discernment is selective

While all of the cases you cite are correct, how do you get around her numerous promises to run an 'open and transparent' administration? She does that by hiding stuff on her personal email account and refusing to release (or redacting) most of her state emails (on sensitive subjects like Halcro, Fagan and the Ear). She said (numerous times again) that she would cooperate with the investigation but now has politicized it and refused to cooperate. And don't give me the 'French politicized it' argument unless you think that Charlie Huggins, Jay Ramras, two to four other Republican House Judiciary Committee members (vote was 5-0 on a 7 member committee), and the Republican members of the Legislative Council are Democrats. They all voted for the investigation and/or the subpoenas. French gave the reporter a number of different 'possible' outcomes, one of which was nothing comes out of this but Palin (and her cult of personality) latched onto the October surprise comment like a lifeline. So much for openness and transparency.


A lie of omission is none

A lie of omission is none the less a lie.


Lower Expectations

Jim, I know most of your postings are not serious but I'm worried you are not kidding here. Because Sara and Todd can't tell the truth the rest of the world is supposed to redefine our standards (sounds like "it depends what is is" to me).


Telling part of the truth to

Telling part of the truth to create a false impression is a lie. That kind of "not lying" got us into a war in Iraq. She does not tell the truth, and she does not tell the truth over and over. I hope America has the sense to send her back to Alaska.


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