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Alaska Judge Rules Legislative TrooperGate Probe May Proceed

By Jeralyn, Section Elections 2008
Posted on Fri Oct 03, 2008 at 11:21:00 AM EST
Tags: Sarah Palin (all tags)
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A judge in Alaska yesterday denied a request by Republican lawmakers to dismiss the Alaska legislature's TrooperGate probe and find the legislature's investigation on grounds it is too partisan to proceed.

"It is legitimately within the scope of the legislature's investigatory power to inquire into the circumstances surrounding the termination [of] a public officer the legislature had previously confirmed," the judge wrote.

The report may be out October 10. The investigation is being conducted by an independent investigator.

As for Todd Palin and the other employees' subpoenas:

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 have to be honored because they should not have been issued.

More....

His attorney, Thomas Van Flein, declined to say whether Palin would testify now, saying he had not seen the ruling to study the options.

"The question was never if Mr. Palin would testify, only where. The personnel board or the committee," Van Flein said by e-mail. "Now it could be both. But no decision has been made."

What Palin (and McCain lawyers) were seeking:

At first, Palin agreed to cooperate with the probe, but since being picked Aug. 29 to be McCain's running mate, she, her family and staff have instead said the legislative investigation has been compromised by politics and that they would only cooperate with a separate investigation run by the Alaska State Personnel Board, whose members Palin can fire.

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    Alaska Judge Rules Legislative TrooperGate Probe May Proceed | 9 comments (9 topical)

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    my guess, (none / 0) (#1)
    by cpinva on Fri Oct 03, 2008 at 01:38:09 PM EST
    they'll appeal this ruling. they only need to keep this from finishing up for another month, then it really doesn't matter.

    They have to get a stay, which means grounds (none / 0) (#5)
    by Christy1947 on Fri Oct 03, 2008 at 09:01:19 PM EST
    for a stay must exist. I don't think this is the kind of stay generally that you can get by bonding because this is not a financial dispute at all and money will not protect the interests of the defendants. If it runs in AK on injunction rails as the generally run, they have to show that they are more prejudiced by letting it proceed than the legislature or whoever the nominal defendant is prejudiced by stopping it and that they have a good possibility of prevailing ont the merits. Prevailing on the merits will be tricky here since the judge's ruling is that it is not justiciable, that is, not a matter the court as a different branch of government, can determine. Rules differ from state to state, but they got problems if they were chucked out for non-justiciability.

    [ Parent ]
    well (none / 0) (#2)
    by connecticut yankee on Fri Oct 03, 2008 at 03:00:39 PM EST
    theyve got two weeks to stop it.  Then they'll have to take the hit and deal with it. Assuming there is a hit.

    Initial report is due out in seven days. Oct. 10. (none / 0) (#6)
    by Christy1947 on Fri Oct 03, 2008 at 09:02:20 PM EST
    this either has to get good fast, or the report will be out and the matter will be moot.

    [ Parent ]
    Sarah is (none / 0) (#3)
    by pcpablo on Fri Oct 03, 2008 at 03:14:55 PM EST
    being groomed for a 2012 run by the neo-cons, they think they've got the new Reagan, so if it lasts past the election, and more importantly leads to impeachment charges in Alaska, then it will be a big hit to her chances.

    I'm way more scared of Palin (none / 0) (#7)
    by of1000Kings on Sat Oct 04, 2008 at 01:07:16 AM EST
    in '12 than I am now...

    she's been in the talks for the '12 nomination for some time now, and has the blessing of right-wing extremists like Hagee, Strang and Falwell...

    so, 2012 could be dangerous...

    but hey, at least if Hagee and the rest of the evangelicals get their way we won't have to live in Palin's 'democracy' for long after we go to war with Iran and bring about the second coming (but am I wrong, or before the second coming doesn't their have to be the rise of the anti-christ and then the anti-christ's reign?  hmmmmm....is that your real name Sarah?)

    /post made mostly in cynicism of the Great One Sarah Palin

    [ Parent ]

    Here's Judge Mikalski's written decision: (none / 0) (#4)
    by Donald from Hawaii on Fri Oct 03, 2008 at 06:07:20 PM EST
    "Much of what the plaintiffs raise is not justiciable, that is, it is business to be left to the legislative branch. The issues of constitutional merit which the court may review are that of due process and and construction of the Alaska Constitution's fair and just treatment clause. The court finds no due process or fair and just treatment violation."

    And in response, we get the ultimate legal non sequitur:

    Anchorage Daily News | October 2, 2008
    "Judge refuses to halt Troopergate investigation" - "The Liberty Legal Institute said Thursday's ruling is a dangerous decision and declared that 'Judge Michalski is the same judge who ruled in 1998 that same-sex marriage is a fundamental right, a decision subsequently overruled by a constitutional amendment approved by the voters of Alaska.'"
    ONE WOULD THINK... (none / 0) (#8)
    by stevea66 on Sat Oct 04, 2008 at 04:54:05 AM EST
    One would think that the mere fact that they're doing everything in their power to block the investigation now would make voters go the other way.  I guess these 'religious' conservatives just don't really care about being Christ-like.  Anything to win is the motto.

    it's so interesting that this is the party more likely to be involved in corruption, lie to get elected (over and over and over again), lie on national television in a debate, invade another country that posed no imminent threat and kill hundreds of thousands of innocent people and displace 3 million or more, consistently vote for the rich and against the poor - I mean, which Jesus Christ are they emulating?  Not the one I know.

    I think it's time this party get their heads out of their asses and walk their talk.  Bunch of hypocrites.  What would Mother Teresa say about how they do business?  I mean, Jesus!

    troopergait (none / 0) (#9)
    by drdem on Thu Oct 09, 2008 at 09:36:21 PM EST
    If Palin has nothing to hide why is she trying to
    put this off till after the election i really think
    we have something more than just a cover up here we
    have a real "Moosegait" here

    Alaska Judge Rules Legislative TrooperGate Probe May Proceed | 9 comments (9 topical)

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