Troopergate: Where are we?
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With a flurry of lawsuits and letters over the last few days, it's a good time to figure out just where we are on the road to the truth.
With the McCain/Palin camp setting up a truth squad that doesn't know the difference between a PTA mom and a Public Safety Commissioner and five Republican lawmakers who have filed the most ridiculous lawsuit ever, lets get up to date on where the process is as of Wednesday, September 17.
The Lawsuits
On Tuesday, five Republican state lawmakers filed a lawsuit to stop the investigation that was authorized by the legislative council. This is ridiculous as no judiciary is going to insert itself in a disagreement between lawmakers over a difference of opinion.
A bi-prtisan group of lawmakers voted unanimously to support the investigation and only after Governor Sarah Palin was named to the McCain ticket did they start complaining about politics and attempting to delay the final report.
More importantly, these lawmakers 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 judiciary will not get involved in a legislative spat between lawmakers and this suit will be tossed out.
Meanwhile in Fairbanks, a group of Republican supporters have filed a similar lawsuit. They also have no standing to sue the legislature to stop what is a legitimate legislative process that is well within the legislature's purview. Likewise this suit will be tossed out.
The Letters
On Tuesday, Speaker of the House John Harris sent a letter to State Senator Kim Elton requesting he call a Legislative Council meeting by September 22 to review the investigation.
According to the Juneau Empire, Harris said he was worried about politicization of the investigation of Gov. Sarah Palin’s firing of former Public Safety Commissioner Walt Monegan.
Elton, in a response to Harris said he had previously been concerned that a special meeting before an investigator’s report is delivered could politicize the process. That has changed, he said.
“I no longer believe that the debate can be any more politicized than it is right now,” he said.
Harris had called for a meeting of the Legislative Council by Sept. 23. Elton said in his letter that he will poll members of the Council for a meeting prior to October 10.
According to committee timelines established last week with special investigator Steve Branchflower, the report is scheduled to be released on October 10.
The key letter came yesterday from Attorney General Talis Colberg who told Senator Elton that State employees would not respond to subpoena's issued by the Senate Judiciary Committee.
According to KTUU News on Wednesday, Legislative Council Chair Sen. Kim Elton accused the attorney general of breaking his word on a deal the attorney general proposed. And Colberg's rejection of the subpoenas is prompting allegations that the McCain-Palin campaign has taken over the state's Department of Law.
Days before investigator Steve Branchflower appeared before lawmakers seeking subpoenas in his probe into the governor's firing of Walt Monegan, the attorney general made an offer to Elton to protect state workers from criminal prosecution if they had looked at personnel files.
Senior Assistant Attorney General Mike Barnhill wrote to Elton on Sept. 9, saying, "If the legislative council will acknowledge in writing its agreement with the department of law's interpretation, the department of law will drop its objections and the depositions may proceed without subpoenas."
Then after the hearing with Branchflower, Elton wrote back to the Department of Law agreeing. I stipulate in my role as a chair of the Legislative Council and on behalf of the council that your interpretation of the law is correct," Elton wrote.
Elton thought he had a deal until Tuesday night when Colberg announced state workers will not testify. Colberg did not cite any legal reason for ignoring the subpoenas.
To add to the questionable actions by Colberg, after the surprise announcement, officials said he hopped on a plane to Kansas for a vacation.
In a response to Colberg Wednesday from Elton, he accuses Colberg of compromising the investigation.
"In four paragraphs, you've broken a deal that was accepted by your office and received by Mr.Branchflower after the Senate Judiciary Committee issued subpoenas," Elton writes. "Further your brand new position eviscerates weeks of comments on the record by several parties, including the governor."
The Legislative Council is evaluating it's next move.
To read the letter from Senator Kim Elton to Attorney General Talis Colberg, click on attachment.
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