Massive GOP Pushback vs. Bipartisan Troopergate Investigation

by: Paul Rosenberg

Wed Sep 17, 2008 at 10:31

“The Partisan actions of Sen. French, Sen. Elton and the Legislative Council have tainted the investigation beyond the appearance of impartiality required under the Alaska Constitution,” said Kevin Clarkson, Esq., of the firm Brena, Bell & Clarkson, P.C., and counsel in the suit.

The investigation, which began after Monegan’s dismissal in July 2008, is being led by outspoken supporters of Barack Obama and members of the Democratic Party. Sen. Elton, the Chair of the Legislative Council donated $2,000 to the Obama campaign but has failed to disclose this to the Legislative Council and he continues to preside over the Council with respect to the investigation, refusing to convene meetings of the Council at the request of a majority of the Council’s membership.

In fact, the GOP-majority Senate Legislative Coucil met last Friday, and issued 13 subpeonas, with a Wasilla Republican casting the deciding vote in defiance of mounting party pressure to fall into line.  Palin herself has been silenced, with GOP operatives talking to the press in place of her, and, apparently, the entire Alaska executive branch.  Meanwhile, AP reports the involvement of the Texas-based Liberty Legal Institute, which TPM explains is connected to James Dobson.  Alaska blogger/radio host and former GOP legislator Andrew Halcro has a list of 13 times–from July 18 to September 2–that Palin pledged full cooperation with “any investigation.” (full list on flip).

First is the massive nature of the Troopergate stonewall, intended to suppress the truth unitl after the election, and bury it under a well-coordinated chorus of lies and accusations of Democratic partisanship.  All the GOP resources that should have been dispatched to Alaska to vet Palin in the first place, are now in state trying to suppress what they didn’t even know about in the first place.    This is reinforced by the Dobson-connected Liberty Legal Institute teaming up with an Alaskan conservative lawyer to bring a lawsuit on behalf of five legislators not involved in the legislation.

Courts routinely refuse to involve themselves in these sorts of political disputes–indeed, they are so loath to involve themselves in political battles that for decades the constitutional principle of “one person, one vote” was routinely violated by state legislatures, which did not redistrict for decades on end to reflect the growth of urban populations.  Thus, most observers view the suit as purely a stalling tactic–i.e. a “frivolous lawsuit.”

Second is the long record of Palin’s statements that she would fully cooperate with any investigation–statements that even continued after she had be named as McCain’s running mate.  This was not a case of a single off-handed comment.  Rather, he repeated statements of cooperation were vital in halting the erosion of public support for her, which took a big hit as soon as Troopergate hit.  Here is Halcro’s list:

Lawmakers seek outside inquiry of Monegan firing – KTUU-TV – July 18, 2008:

Some lawmakers are asking for more answers to the reasons Palin had for firing Monegan. Palin, in Wasilla for the Governor’s Picnic, said she would not fight such an effort to look into this matter by an independent investigator.

“We would never prohibit, or be less than enthusiastic about any kind of investigation. Let’s deal in
the facts, and you do that via investigation,” Palin said.

Senate will look into Monegan firing – KTUU-TV – July 19, 2008:

While the governor said there is no need for an investigation from an outside investigator, she said she will answer any questions from lawmakers, media and the public.

Public Safety already headed in ‘new direction,’ some say – Anchorage Daily News – July 22, 2008:

The governor denies any wrongdoing, and says she welcomes any questions on the matter.

Palin under fire – Legislature appears poised to appoint investigator –  Aftermath of Monegan Dismissal, Anchorage Daily News – July 22, 2008:

“I’ve said all along, hold me accountable,” Palin told reporters in Juneau. “And I’m telling the truth when I say there was never pressure put on Commissioner Monegan.”

Lawmakers move to investigate Monegan ouster, KTUU-TV – July 24, 2008:

The governor says she welcomes the investigation. “I have absolutely nothing to hide and am happy to answer any questions,” she said. “I’m happy to answer any questions between now and when they do conduct an investigation also.”

Gov. Palin said last weekend that she did not think an independent investigator was needed. “That being the route that they choose, then so be it,” she said. “I’m happy to comply, to cooperate. I have absolutely nothing to hide. No problem with an independent investigation.”

Hired help will probe Monegan dismissal – $100,000: Legislators vote to have independent investigator look into controversial firing – Anchorage Daily News –July 29, 2008:

“The governor has said all along that she will fully cooperate with an investigation and her staff will cooperate as well,” Leighow said.

Branchflower to investigate in Monegan firing – KTUU-TV – August 1, 2008:

“I’ve heard (Branchflower’s) name, or course, over the years in Alaska,” Palin said. “I know he’s a prosecutor, probably a heavy duty prosecutor, and so that kind of puzzles us why we are going down that road when we are very, very open to answering any questions anybody has of me or administrators.”

PRESS RELEASE: GOVERNOR TO TURN OVER FINDINGS – Office of the Governor – August 13, 2008:

Governor Palin has directed all her staff to cooperate fully with Branchflower.

Palin administration cooperating with investigator – KTUU-TV – August 15, 2008:

Lawmakers had wanted to know if Steve Branchflower needed them to issues subpoenas to require witnesses to talk to him about Gov. Sarah Palin’s decision to fire Monegan and about the actions of her staffers. But State Sen. Hollis French says the meeting was cancelled because there’s no need for subpoenas at this point.

Palin aide Frank Bailey placed on administrative leave – KTUU-TV – August 19, 2008:

“We figured, if there is an investigation going on with an unknown outcome – we don’t know exactly what (special investigator) Mr. Branchflower is going to conclude – that Mr. Bailey just needed to step away from the situation, although be available to the investigator,” [Palin spokesman] McAllister said. The governor’s office also says that Bailey will cooperate fully with the investigation. Palin aide put on leave in firing flap, BAILEY: Official who made all inquiring about trooper taken “out of the mix.” – Anchorage Daily News – August 20, 2008:

Spokeswoman Sharon Leighow said that with Bailey still a state employee, Palin “can direct him to assist Mr. Branchflower, thereby fulfilling her pledge to Alaskans to cooperate fully with the investigation.”

Re: Governor Palin and Trooper Investigation – McCain Campaign Press Release – August 30, 2008:

Governor Palin is an open book on this – she did nothing wrong and has nothing to hide. As a reformer and a leader on ethics reform, she has been happy to cooperate fully in the inquiry of this matter.

Attorney challenges Monegan firing inquiry – Anchorage Daily News – September 2, 2008:

He [Governor Palin’s Lawyer Mr. Van Flein] said the governor’s office welcomes the inquiry and will cooperate. Palin has made repeated public statements that she’ll cooperate, and that hasn’t changed at this point, Van Flein says.

Where there’s smoke, there’s fire.  In 1972, there was smoke, all right.  Woodward and Bernstein had begun reporting on the Watergate breakins, and George McGovern tried to make an issue of it.  But the stonewall held.  McCain/Palin is not just a continuation of Bush/Cheney.  It’s a continuation of Nixon/Agnew as well.