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 | 8 comments (8 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.

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.

Sarah is (none / 0) (#3)
by pcpablo on Fri Oct 03, 2008 at 03:14:55 PM EST