Colberg's subpoena side step

AG COLBERG IGNORES ILLEGAL SUBPOENA AG Colberg is NOT in conflict of interest because he made a phone, he is NOT a material witness in this matter. That would tie the hands of all attorneys trying to fight for their clients. Palin agreed to cooperate without subpoenas (see AG Barnhill's "warning" letter), then Judiciary Chair Elton (Democrat), issued 13 illegal subpoenas for witnesses to appear before a private investigator (paid $100,000 for 30 days work!) to conduct closed door backroom depositions under threats of prosecution. The Judiciary Council can only issue subpoenas to appear "before the Council... or legislative committee" ie, before LEGISLATORS) and NOT freely hand out subpoenas (signed by Chair Elton! not a Judge) to a hired private investigator. This is a breach of Judiciary Council's original agreement with Palins’ and AG. Only a fool would continue to "cooperate" with this witch hunt. The subpoenas are illegal, exceed all statutory enabling authority, are an unconstitutional delegation of the Judiciary Council subpoena power to a private party. They are not enforceable, should and are being appropriately ignored by the AG, and will quashed by the Court. Let the courts assure due process!

I think McCain/ Palin/ Colberg are banking on winning the election and hoping all these ethics issues will just go away. If they lose, Palin and Colberg may have some problems. Colberg may have gone to Kansas so he might stall troopergate and ethics issues that come across his desk. Alaska Bar Association attorney complaint information may be found at: http://www.alaskabar.org/index.cfm?id=6486 On this particular issue (subpoena refusal) someone might also file an executive branch ethics complaint. EBEA requires you to swear the truthfulness of your statement under oath, and then you have to take your argument before the personnel board (who have been appointed by either Murkowski or Palin). You might also be concerned about landing on Palin's black list-- I'm not sure if there is a fair or reasonable way within the state government to file an ethics complaint against the Governor, Lieutenant Governor, or Attorney General. Whether one files a complaint with the bar or with the state, it would need to be worded correctly and raise valid concerns or it may get nowhere. That's where the attorneys come in. I wish there was some kind of (free) resource where people could get some feedback on their specific complaints and get help drafting them correctly.

who would enforce a violation of this law?

Our country has lasted a long, long time because we are based on the rule of law. This notion, combined with a BALANCE of POWER between the executive, legislative and judicial branches of government,provides a recipe for a successful country.State government is no different. The only way we can achieve true balance of powers and the RULE of LAW is to elect the AG, thus making this powerful position non-partisan. As long as it is an appointment by the governor, the populace is being cheated out of true justice because the chief enforcer of the law will bend the rules in favor of his mentor. This enables the shenanigans that we are witnessing today. You want to really reform something??? Elect the A/G !!!!!!

Your story in part is based on the premise that Colberg may be violating ethics and his clients breaking the law. That is questionable at this point and unless you are the judge and jury we really don't know that. In a letter to Branchflower, Van Flein has referenced Alaska Statute AS 24.25.010 which states that subpoena power does not apply to the legislative council thereby raising the question if the subpoenas are even legal to begin with. Since there are now two court cases in play, perhaps these details will get ironed out. Why would you be suggesting a Bar complaint if the law still needs interpretation by a judge? Perhaps its because you have already made your mind up regardless of that outcome?

How does the legislature enforce a violation of this law? File a complaint with the Attorney General?

You are likely too young to remember the Buffalo Springfield song, 'For What It's Worth': "Somethin's happenin' here........what it is ain't exactly clear..." That was true for a time but I think we're all beginning to get a little sense of what's happening now and it's time you leveled with your loyal readers. It's pretty obvious that you are being fed information by various Democrats and you are doing your part to offer only one narrow side of any story. I find it curious that the details behind Monegan's firing showed up here within hours but months later, information about his _alleged_ wife-beating is carried by a California paper. I find it curious that Bill Allen is _allegedly_ being investigated for involvement with a second teenage hooker and there is no mention of that here. I find it curious that private letters and communications between various Legislators get posted here but only those that are somehow damaging to Palin and the Republicans. I find it curious that no mention has been made by you of the connections between French, Elton and the Obama campaign. I find it curious that you have, on various occasions, made flip remarks about your political future but have not denied that you will be a candidate for state office. I find it curious that you blasted away at Palin for not sharing her emails but when hackers invaded her account and posted her daughter's cell phone number on line, you never mentioned it. if you are nothing more than a mouthpiece for the Obama camp and the DNC, tell us. Stop all this pretense about 'seeking the truth' when it is clear that you are after a new job in a post-Palin world.

I heard that when Palin fired Monegan, she offered him another job. Is that true. If so, what was the position? Why would she offer someone a job she felt was insorbornate? Is there something rotten in the State of Alaska????? I am a 'letter to the editor' writer (live in St. Louis, MO). Yes, I write lots of letters and I get published. But I want my facts correct. thanks much, jeanne barnes

Exerts from the letter that made Sarah Palin the famous ethics watchdog. Most of it could be written today about her. Letter from Palin (RE: Renkes) December 10, 2004 "When serious allegations such as these are made against the state’s top public officials, Alaskans deserve to know that the law is being followed and that allegations are investigated independently. To do any less undermines Alaskans’ confidence in their government. Alaskans deserve to know the truth. Normally, the attorney general prosecutes the alleged violations by investigating the matter and presenting the evidence to the personnel board for its determination. However the drafters of the Ethics Act recognized that this process would not work when the governor or the attorney general was the subject of the allegation…The Ethics Act specifically recognizes the conflict of interest inherent when the attorney general, the governor, or even an agent of the attorney general or governor attempts to conduct an investigation into the conduct of the attorney general or the governor….neither the attorney general nor the governor [should have] an active participatory role in investigations concerning their own actions. The action taken by the governor in unilaterally hiring an attorney, to gather evidence on this matter does not constitute a truly independent investigation and ignores the clear procedures set out in the Ethics Act for allegations of this kind…Having a lawyer hired by the governor attempt to investigate…is not only not an “independent” investigation; it presents impossible conflicts of interest in the investigation itself…Because [the attorney] was hired by the Governor, he owes him a duty of loyalty and confidentiality. The current investigation by [the Governor’s attorney] ignores this law and is not truly independent. Alaska deserves better." Yes Sarah - I think we do...

Colberg had to make that statement to protect state employees from feeling compelled to respond to the impending subpoenas. See, they would be trapped between the Governor's wishes for them to not comply, and the Legislature's request to do so. I don't see why this is so confusing. Everyone knows its far worse to be on Sarah's sh*t list than to be... well, anything else. Look, when you were a kid, I'm sure you got into some shenanigans with the law, and at some point, your mommy must have said, "you don't have to go to court, because I say so". Then, when the officers came to arrest you, all you had to do was say, "Mummy says I don't have to go to jail", and the officers surely nodded their approval and went on their merry way. Right? Vinces non stultus.

http://www.alaskabar.org/index.cfm?ID=4852 This is the link for a complaint at the Alaska Bar Association

I also would like to know how to file a bar complaint and if I need to be an attorney to do so? These state employees are not exempt from following the law. We appreciate your time and effort to keep us informed on the facts of what is going on.

Hey, yeah, someone should file a complaint. How about us voters? Do we not have attorneys among us?

So, what happens next? Do we have the same tactics of Rove and Harriet Meirs? You are still doing a fantastic job of exposing the facts. Thank God, for all of the Alaskan blogs. Palin/McCain are no Mavericks, they do not know what they are doing now. McCain has already been thro Ethics Committee in the Keating 5 scandal/ Savings and Loan scandal, and here we go again. Looks like these subpoenas have to be upheld? The lower 48 is paying attention to this, and I am sorry, Alaska for all your mess, caused by the McCain campaign.

Andrew - how do you file a complaint? Do you have to be an attorney. Show us how and we will do it if possible.