Alaska AG says subpoenas a dead letter
posted at 8:55 am on September 17, 2008 by Ed Morrissey
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The investigation into the termination of Public Safety Commissioner Walt Monegan took another twist yesterday when the Alaskan Attorney General intervened to block the subpoenas issued by the Legislature. Talis Colberg, a Sarah Palin appointee, sent a letter to Hollis French requesting that the subpoenas be withdrawn and that state employees would not honor them:
In a letter to state Sen. Hollis French, the Democrat overseeing the investigation, Republican Attorney General Talis Colberg asked that the subpoenas be withdrawn. He also said the employees would refuse to appear unless either the full state Senate or the entire Legislature votes to compel their testimony.
Colberg, who was appointed by Palin, said the employees are caught between their respect for the Legislature and their loyalty to the governor, who initially agreed to cooperate with the inquiry but has increasingly opposed it since McCain chose her as his running mate.
“This is an untenable position for our clients because the governor has so strongly stated that the subpoenas issued by your committee are of questionable validity,” Colberg wrote.
Last week, French’s Senate Judiciary Committee subpoenaed 13 people. They include 10 employees of Palin’s administration and three who are not: her husband, Todd Palin; John Bitney, Palin’s former legislative liaison who now is chief of staff for Republican House Speaker John Harris; and Murlene Wilkes, a state contractor.
What started out as a quiet investigation that all sides supported has turned into a partisan mess. That began when French began to brag that he would produce an “October surprise” that would embarrass John McCain. At that time, the investigation had barely begun and witnesses still hadn’t been deposed. French later apologized, but the tenor of the probe had permanently shifted.
The AG’s action will likely stoke the partisan fervor further. Almost certainly, this will wind up being handled by the judiciary, which will have to determine whether the AG can actually block the legislative subpoenas, and whether the probe has run off the rails. Since that is a political rather than legal question (unless I missed something in the state constitution), the judiciary will probably throw it all back to the Legislature.
The Legislative Council needs to meet to take back control of this issue from Hollis French and Kim Elton. Either they need to appoint less-partisan special masters from among their own ranks, or they need to end the probe altogether. They could also shift the probe to the State Personnel Board, as Palin’s team has suggested, although that has its own issues; it would have the executive branch investigating the head of the branch, and while they could do that with little problem, it may not satisfy concerns over the potential lack of independence of the probe. They certainly couldn’t do much worse in that regard than French himself, who blocked subpoena requests from investigators.
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The fact that French and Monegan worked together to get bills by Palin is the giveaway. That and French’s promise of an “October Surprise.”
There’s a long history here.
French is scum.
And the worst part of this no one in the media really knows the whole story.
drjohn on September 17, 2008 at 8:59 AM
Not sure this is a good idea.
French and Co. do not care about the outcome of the investigation, they just want the rumors and innuendo floating around unitl Election Day.
It needs to be ended the quickest way possible.
Elizabetty on September 17, 2008 at 9:02 AM
The quickest way to end it would be to bludgeon French on the floor of the Alaskan Senate.
sven10077 on September 17, 2008 at 9:05 AM
NOBODY but ther nutroots cares abouth this. Moutain out of a molehill.
BrianA on September 17, 2008 at 9:05 AM
This is a bump in the road compared to the news that Obama attempted to interfere against the interests of the United States.
But of course, the Palin controversy is so much more relevent to the election.
The lunatics are minding the asylum.
tru2tx on September 17, 2008 at 9:06 AM
We HOPE that the judiciary throws a political question back to the legislature.
I had that same hope in 2000, in a place called Florida, when SCOTUS had to play parent to the adolescents and send them all to their rooms.
The adolescents apparently have learned nothing from that discipline except new ways to make trouble for the grownups.
platypus on September 17, 2008 at 9:09 AM
Preston Brooks where are you when we need you?
Elizabetty on September 17, 2008 at 9:09 AM
Now that’s a show I’d pay to see – a demon-crat getting just desserts.
platypus on September 17, 2008 at 9:11 AM
I like your style. I was thinking that French should be forced to wear a moose antler hat and walk home through the woods.
QFT
Damiano on September 17, 2008 at 9:11 AM
Yeah, that’s looking more and more like a good idea. This whole thing is dumb to begin with, because she could fire him at any time for any reason. Its the Bush attorney firings “scandal” all over again, and just as ridiculous. I despise the media a little more each day as they push “Troopergate” and fail to tell the whole story…
changer1701 on September 17, 2008 at 9:12 AM
Mata Harley over at Flopping Aces has in-depth coverage of “Troopergate”. Alaska’s Constitution actually gives sole authority for investigations potentially leading to impeachment to the Personnel Board, not to the legislature. So if this goes to the judiciary, French and his crew will be up a creek with no paddle.
justincase on September 17, 2008 at 9:17 AM
Worse than scum. He’s dumb scum. Besides the ethics of it, why would anyone conducting an investigation like this make the leaks he did? That alone plus the other Obama toadies should get kicked off. Frankly, there is already enough info clearing her and this crap should be put to rest.
Blake on September 17, 2008 at 9:22 AM
Even if the worst of the rumors were true, I don’t think many people (other than those partisans who don’t care what the facts are) would object to Palin wanting the badge removed from a cop like Wooten. Were he not a relation, it would be precisely the right thing to do. the fact that he is a relation doesn’t really change the equation all that much. And of course, when the facts are out there, the whole thing is a tempest in a teapot. Add in the Obama backing tormenter playing games with the investigation, and this may be a net plus for Palin.
Pablo on September 17, 2008 at 9:23 AM
Word. Especially since they could be covering this, or this. I must admit that Sarah Palin’s tanning bed is more interesting to
thinkfantasize about, but then again, I’m not a journalist. I’m just a red-blooded American male. Heh. From the positive you can infer the negative.smellthecoffee on September 17, 2008 at 9:25 AM
The quickest way to end it would be to bludgeon French on the floor of the Alaskan Senate.
sven10077 on September 17, 2008 at 9:05 AM
Personally, I’d love to see Sly Stallone go “Rocky” on his sorry a$$. Even for an old fart, Rocky would mess him up!
Just a fantasy, I know, but it’s the world I prefer to live in.
SKYFOX on September 17, 2008 at 9:26 AM
French (a flaming liberal and Obama supporter) is a classic liberal idiot. How could this moron expect to appear impartial after having his picture taken at an Obama campaign event and then proclaiming the “October Surprise”? The Dems could have at least had the brains to pick someone else to be ringmaster of their circus.
I still contend that the October surprise will be a back-fire on the Democrats as most of their attacks on Palin have been.
Stupid is as stupid does…(hat tip Forrest Gump)
orlandocajun on September 17, 2008 at 9:26 AM
Is French on Barry’s payroll??
steviedfromnc on September 17, 2008 at 9:27 AM
Good for the AG . . . as for the Democrats, tell them nothing and treat them like rabid dogs. Typical leftist sculduggery.
rplat on September 17, 2008 at 9:27 AM
I think what the McCain people are hoping for is this thing is stalled until after Nov 4th. If McCain wins then Palin resigns as governor to assume the vice presidency which effectively shuts down the investigation.
tarheelcon on September 17, 2008 at 9:27 AM
ACtually, the political investigation in Alaska is a case study for this entire nation because it’s what’s been happening in Washington DC for quite some time now. Why would it matter who the US attorneys are, for instance, if they were accountable to the public and to the rule of law?
I know it’ll sound stupid, but America is effectively a nation without a Constitution. That’s why every election is an epic battle for the survival of America as we know it.
Trials are supposed to be based on evidence that a crime has occurred, but a political hack doesn’t have to have evidence, or even an accusation of a crime – they only have to have a position of authority. This isn’t the America I know and love.
The checks and balances system depends upon accountability to the voters. But that presupposes a public literate enough to reason and on vigorous free speech that is accessible to all. I really question whether we have either in America today.
This election, more than anything, is about the power of the media in deciding our elections. Washington could not be as corrupt as it is without sleeping with the media.If people like you and me can actually work together to be the “Yop” that makes Dr. Seuss’ “Who” village heard, then there will be hope for this nation. That is why Sarah Palin gives so many of us hope, I believe. It’s also why the current power brokers have to kill her – and us.
justincase on September 17, 2008 at 9:31 AM
Aren’t they all?
jay12 on September 17, 2008 at 9:32 AM
and both political parties are guilty as hell for ignoring, and in many cases usurping it with abandon.
Fletch54 on September 17, 2008 at 9:36 AM
Perhaps I missed it somewhere. If Palin fired Monegan because he wouldn’t fire Wooten, wouldn’t Palin then hire someone who would fire Wooten? So why is Wooten still on the job if the objective was to clear the way to get him fired?
NNtrancer on September 17, 2008 at 9:39 AM
He’s probably hoping he will be.
AZCoyote on September 17, 2008 at 9:39 AM
I think this is something on which we can all agree. Partisan politics has no place in a legal proceeding such as this.
thePajamaPundit on September 17, 2008 at 9:45 AM
I wouldn’t underestimate French. Sabotaging the investigation may have been his intention, as a way to guarantee that it (or uncertainty surrounding it pushed by the MSM) is dragged out until the election.
French is a liar and a cad and the MSM is cooperating with him pretty much fully, as we should expect from such a corrupt institution.
Republicans only win by getting past the lies and machinations of the MSM and corrupt Dem officials – we should be proud that we win at all. AND we should do our best to expose them when they cheat, as much of our time it takes to do so.
Merovign on September 17, 2008 at 9:46 AM
The irony is that he was fired or relieved from his position, and offered another position in the gov. He was sacked from working in the administration, just not in this capacity. If you wanted to get rid of someone wouldn’t you just fire him, and kick him to the street…like Clinton’s did to Billy Dale? If you are too young to remember, Google him.
right2bright on September 17, 2008 at 9:52 AM
“Palin fired Monegan because he wouldn’t fire Wooten” is Dem spin. Palin fired Monegan because he didn’t hire enough State troopers, and he tried to go around Palin for funding for a project that she vetoed, by using State money to lobby Washington. A Governor has the power to fire a police commissioner if he doesn’t obey the Governor’s prerogatives.
The Wooten issue is a red herring. Wooten’s threats against Palin’s sister and father occurred in 2005, when Palin was not yet Governor, so Palin had no real power to discipline Wooten except to get a court restraining order against him(successful) and request his firing (which failed). Since Wooten has since divorced Palin’s sister, he is no longer part of Palin’s family. Wooten also has other issues which have nothing to do with Palin, such as Tasering his stepson and drinking on duty, which has been confirmed by outside witnesses.
Monegan is trying to link his firing to the Wooten issue in order to cover up his own insubordination, which led to his firing.
Steve Z on September 17, 2008 at 10:10 AM
Has Ronnie Earle been on a cruise to Alaska lately?
martywd on September 17, 2008 at 10:12 AM
Fletch54 on September 17, 2008 at 9:36 AM
How so?
justincase on September 17, 2008 at 10:18 AM
Ed
But that’s just exactly what they won’t do. They will do everything they can to drag this issue all the way into November. The only way to defeat it is play it out in some form.
I think we’re making a huge mistake by letting the Dems get traction with the “GOP is blocking investigation” meme.
connertown on September 17, 2008 at 10:22 AM
Not so much when they’re throwing it to the judiciary. French is a fool. If he’d have kept his mouth shut, he might have gotten away with an October Surprise. Now he has exactly zero credibility.
Meanwhile, Palin has filed her own ethics complaint with the Personnel Board asking them to review the case, and she did so before French opened his mouth and inserted both feet. Mike Gravel is right. “Troopergate is going to come out in her favor.”
Pablo on September 17, 2008 at 10:50 AM
An enterprising journalist or blogger will document Barack Obama’s fingerprints on this investigation and ask whether Mr. Obama is interfering in matters that ought to be left to the State.
What did Obama know and when did he know it?
Follow the money.
jeff_from_mpls on September 17, 2008 at 10:55 AM
Actually, I thought the AG had an excellent point here —
That’s not throwing it to the Judicial branch. It strikes me as trying to insure that the subpoenas are properly supported and not just the work of a political bomb thrower.
Annoying Old Guy on September 17, 2008 at 10:58 AM
Is French from Scanton?
Fuquay Steve on September 17, 2008 at 10:59 AM
That only refers to employees answering subpoenas. This is throwing it to the judiciary. It’s asking for more sunshine, not drawing the blinds.
Pablo on September 17, 2008 at 11:12 AM
FOLLOW THE MONEY!!
Calm Before the Storm on September 17, 2008 at 11:14 AM
As long as it takes until mid-November to work out the jurisdictional issues — fine.
tommylotto on September 17, 2008 at 11:35 AM
Put the subpoenas on eBay! They’d sell faster than the jet would have…
Spanglemaker on September 17, 2008 at 12:11 PM
This has turned into what nationally would call for a special prosecuter investigation. But even that always calls into questiong the bias of anyone doing the investigation. But clearly, Palin’s two top political oppentents simply cannot be trusted to handle this. There must be someone who is unbiased and that both sides trust.
Also, is an internal executive branch investigation really unusal? That is what happens in police investigations and congressional investigations. It is pretty normal isn’t it?
This does show a Palin weakness. She was niave to think that the truth would save her. This is politics and truth has very little to do with anything.
petunia on September 17, 2008 at 12:14 PM
You make the same mistake as Palin. Democrats have no interest in what happened. They want political hay.
DING DING DING ERROR: I’m sorry but logic is not allowed.
petunia on September 17, 2008 at 12:25 PM
Pablo;
Yes, but that’s not the doing of the Alaskan AG.
Annoying Old Guy on September 17, 2008 at 1:05 PM
True, AOG, but it doesn’t need to be in order for it to be the path to a proper outcome. In fact, it’s better that it be legislators filing the suit that to have Palin’s administration do it.
Pablo on September 17, 2008 at 3:09 PM
The sooner Alaskans feed this French-Fry to the polars bears, the better off they’ll be!
byteshredder on September 17, 2008 at 4:03 PM
This is the third time you repeated this lie Ed. French did not block Tibbles subpoena, it was Rep. Jay Ramras, a Republican and it wasn’t for any partisan reasons.
lowandslow on September 17, 2008 at 9:07 PM
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