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	<title>Comments on: UPDATED 9-8-08&#8230;. French to be forced out of Trooper&#8217;gate legislative investigation? More on Alaska&#8217;s Personnel Board due process</title>
	<atom:link href="http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/</link>
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		<title>By: Gypsy Man</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-111131</link>
		<dc:creator>Gypsy Man</dc:creator>
		<pubDate>Wed, 10 Sep 2008 05:37:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-111131</guid>
		<description>To answer one of the other commenter&#039;s questions, the punishment would be impeachment, if that&#039;s where the Legislature decides to go, which I doubt.  In his haste to smear Palin in the media even before the investigation is complete, French has mentioned this twice.

There&#039;s also a new development--Kim Elton, the one who wrote the letter keeping French on as investigator, turns out to be an Obama supporter also.  &lt;a href=&quot;http://www.notwrightforamerica.com&quot; rel=&quot;nofollow&quot;&gt;Not WRIGHT for America&lt;/A&gt; has posted a photo of French and Elton with Obama signs, which was apparently provided by http://carlosechevarria.blogspot.com/ (Let&#039;s Get it Right).</description>
		<content:encoded><![CDATA[<p>To answer one of the other commenter&#8217;s questions, the punishment would be impeachment, if that&#8217;s where the Legislature decides to go, which I doubt.  In his haste to smear Palin in the media even before the investigation is complete, French has mentioned this twice.</p>
<p>There&#8217;s also a new development&#8211;Kim Elton, the one who wrote the letter keeping French on as investigator, turns out to be an Obama supporter also.  <a href="http://www.notwrightforamerica.com" rel="nofollow">Not WRIGHT for America</a> has posted a photo of French and Elton with Obama signs, which was apparently provided by <a href="http://carlosechevarria.blogspot.com/" rel="nofollow">http://carlosechevarria.blogspot.com/</a> (Let&#8217;s Get it Right).</p>
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		<title>By: Baka Alaska</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-111051</link>
		<dc:creator>Baka Alaska</dc:creator>
		<pubDate>Tue, 09 Sep 2008 23:32:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-111051</guid>
		<description>Needless to say, the investigation has been botched unbelievably for political gain. Which is in turn going to hurt Alaskan Democrats. 

BTW, MataHarley, you&#039;re in Oregon. As am I. If you see my e-mail as put forth on this post, contact me.</description>
		<content:encoded><![CDATA[<p>Needless to say, the investigation has been botched unbelievably for political gain. Which is in turn going to hurt Alaskan Democrats. </p>
<p>BTW, MataHarley, you&#8217;re in Oregon. As am I. If you see my e-mail as put forth on this post, contact me.</p>
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		<title>By: doug</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-110932</link>
		<dc:creator>doug</dc:creator>
		<pubDate>Tue, 09 Sep 2008 13:04:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-110932</guid>
		<description>&lt;blockquote&gt;
(ADN)  A Republican effort failed Monday to unseat the Alaska state senator overseeing the ethics investigation into whether Gov. Sarah Palin abused her power when she dismissed the state&#039;s public safety commissioner.

Democratic Sen. Hollis French was accused of manipulating the probe for political effect on national and state elections. Republican Rep. John Coghill last week asked the Alaska Legislature&#039;s Legislative Council, the body that appointed French to oversee the investigation, to discuss replacing French.

Coghill said he believed the investigation was lacking in fairness, neutrality and due process after French was quoted in media reports that the probe&#039;s results were going to be an &quot;October surprise&quot; that is &quot;likely to be damaging to the administration.&quot;

On Monday, Democratic Sen. Kim Elton, the head of the Legislative Council, turned down his request. French&#039;s decisions to date have been appropriate, bipartisan and unchallenged, Elton wrote to Coghill. And the comments French made were &quot;corrected in a very public way in the media,&quot; Elton wrote.
...
&lt;/blockquote&gt;

Tick. Tick. Tick.</description>
		<content:encoded><![CDATA[<blockquote><p>
(ADN)  A Republican effort failed Monday to unseat the Alaska state senator overseeing the ethics investigation into whether Gov. Sarah Palin abused her power when she dismissed the state&#8217;s public safety commissioner.</p>
<p>Democratic Sen. Hollis French was accused of manipulating the probe for political effect on national and state elections. Republican Rep. John Coghill last week asked the Alaska Legislature&#8217;s Legislative Council, the body that appointed French to oversee the investigation, to discuss replacing French.</p>
<p>Coghill said he believed the investigation was lacking in fairness, neutrality and due process after French was quoted in media reports that the probe&#8217;s results were going to be an &#8220;October surprise&#8221; that is &#8220;likely to be damaging to the administration.&#8221;</p>
<p>On Monday, Democratic Sen. Kim Elton, the head of the Legislative Council, turned down his request. French&#8217;s decisions to date have been appropriate, bipartisan and unchallenged, Elton wrote to Coghill. And the comments French made were &#8220;corrected in a very public way in the media,&#8221; Elton wrote.<br />
&#8230;
</p></blockquote>
<p>Tick. Tick. Tick.</p>
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		<title>By: d55may</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-110834</link>
		<dc:creator>d55may</dc:creator>
		<pubDate>Tue, 09 Sep 2008 00:38:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-110834</guid>
		<description>Both the legislative and independent counsels should be replaced with someone from outside the State who does not have a dog in the fight. She did shake things up and surely has some enemies within the legisative ranks. I mean you don&#039;t just get away with having a State prosecutor indicted without raising the rankles of some of those Washington big wigs, who were taking pork barrel money and directly benefitting themselves. I am sure that she was a pain in the neck of those who could not have business as usual. So the witch hunt begins, to bad, we always destroy those who bring reform. Which is exactly what Washington needs.</description>
		<content:encoded><![CDATA[<p>Both the legislative and independent counsels should be replaced with someone from outside the State who does not have a dog in the fight. She did shake things up and surely has some enemies within the legisative ranks. I mean you don&#8217;t just get away with having a State prosecutor indicted without raising the rankles of some of those Washington big wigs, who were taking pork barrel money and directly benefitting themselves. I am sure that she was a pain in the neck of those who could not have business as usual. So the witch hunt begins, to bad, we always destroy those who bring reform. Which is exactly what Washington needs.</p>
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		<title>By: MataHarley</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-110749</link>
		<dc:creator>MataHarley</dc:creator>
		<pubDate>Mon, 08 Sep 2008 17:22:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-110749</guid>
		<description>Oyster, I would guess that the penalty would depend on what they determine.  Past Board decisions have included financial penalties, suspension.  If you listen to Sen. French, he&#039;s says impeachment as a &quot;worst case&quot; scenerio for his legislative investigation.  

The medical records charge is something different.  The man directly linked to that is Bailey, not Palin, at this time.  So one would think that they&#039;d first have to find Palin associated with that action, and would accommodate with any penalties as abetting.  Bailey would face the maximum penalty on that, and I don&#039;t know what state or federal laws come into play for punishment.

Must still disagree, Gypsy Man, INRE the actual &quot;independence&quot; of an independent counselor.  Two realities for you to mull over.

1:  The Independent Counsel is hired by the Alaskan legislators, and serves at their will.  It&#039;s somewhat unrealistic to assume your &quot;employer&quot; cannot have some say in the direction of the investigation.

2:  Taking that further, Scalia noted the difference between traditional and independent legislative investigations in a dissenting opinion on the now defunct Independent Counsel Act.   A traditional investigation focuses on the crime, then finds out who is involved.

An Independent Counsel is instructed to investigate a particular individual and find any crimes he or she may have committed, not just the most serious crimes or the crimes he or she was appointed to investigate.   

Not unlike a witch hunt, eh?

I have never been a fan of legislative investigations and the independent counsels.  It seems like a separate judicial system on it&#039;s own, and devoid in basic rights of due process.</description>
		<content:encoded><![CDATA[<p>Oyster, I would guess that the penalty would depend on what they determine.  Past Board decisions have included financial penalties, suspension.  If you listen to Sen. French, he&#8217;s says impeachment as a &#8220;worst case&#8221; scenerio for his legislative investigation.  </p>
<p>The medical records charge is something different.  The man directly linked to that is Bailey, not Palin, at this time.  So one would think that they&#8217;d first have to find Palin associated with that action, and would accommodate with any penalties as abetting.  Bailey would face the maximum penalty on that, and I don&#8217;t know what state or federal laws come into play for punishment.</p>
<p>Must still disagree, Gypsy Man, INRE the actual &#8220;independence&#8221; of an independent counselor.  Two realities for you to mull over.</p>
<p>1:  The Independent Counsel is hired by the Alaskan legislators, and serves at their will.  It&#8217;s somewhat unrealistic to assume your &#8220;employer&#8221; cannot have some say in the direction of the investigation.</p>
<p>2:  Taking that further, Scalia noted the difference between traditional and independent legislative investigations in a dissenting opinion on the now defunct Independent Counsel Act.   A traditional investigation focuses on the crime, then finds out who is involved.</p>
<p>An Independent Counsel is instructed to investigate a particular individual and find any crimes he or she may have committed, not just the most serious crimes or the crimes he or she was appointed to investigate.   </p>
<p>Not unlike a witch hunt, eh?</p>
<p>I have never been a fan of legislative investigations and the independent counsels.  It seems like a separate judicial system on it&#8217;s own, and devoid in basic rights of due process.</p>
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		<title>By: Oyster</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-110742</link>
		<dc:creator>Oyster</dc:creator>
		<pubDate>Mon, 08 Sep 2008 17:03:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-110742</guid>
		<description>Thank you for your work on this.  I&#039;ve been reading your updates faithfully since I found them last week.

I have a question, which may have been answered but I missed it.  If things do not go Palin&#039;s way, what is the punishment?  Impeachment?  Jail?  Probation?  I&#039;ve not read anything about it.</description>
		<content:encoded><![CDATA[<p>Thank you for your work on this.  I&#8217;ve been reading your updates faithfully since I found them last week.</p>
<p>I have a question, which may have been answered but I missed it.  If things do not go Palin&#8217;s way, what is the punishment?  Impeachment?  Jail?  Probation?  I&#8217;ve not read anything about it.</p>
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		<title>By: Sunday Links : Stop The ACLU</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-110653</link>
		<dc:creator>Sunday Links : Stop The ACLU</dc:creator>
		<pubDate>Mon, 08 Sep 2008 04:01:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-110653</guid>
		<description>[...] Sunnis &amp; Shias AGAIN The Anchoress: The Humbling: The One Goes To Don Clinton Flopping Aces: French to be Forced Out of Troopergate Legislative Investigation&#8230; Riehl World View: Defending Andrew Sullivan - Yes, Really Just One Minute: You&#8217;re In The Army [...]</description>
		<content:encoded><![CDATA[<p>[...] Sunnis &#38; Shias AGAIN The Anchoress: The Humbling: The One Goes To Don Clinton Flopping Aces: French to be Forced Out of Troopergate Legislative Investigation&#8230; Riehl World View: Defending Andrew Sullivan &#8211; Yes, Really Just One Minute: You&#8217;re In The Army [...]</p>
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		<title>By: Gypsy Man</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-110612</link>
		<dc:creator>Gypsy Man</dc:creator>
		<pubDate>Mon, 08 Sep 2008 01:44:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-110612</guid>
		<description>MataHarley-

Thanks for the suggestions.  &lt;a href=&quot;http://www.notwrightforamerica.com&quot; rel=&quot;nofollow&quot;&gt;Not WRIGHT for America&lt;/A&gt; is actually not my blog but I do know Tim Brugger, who is the editor.  I will pass your suggestions along to him.

I think you are right about the legal/political investigation distinction.

However, I have to differ with you on the independent counsel.  The whole reason for it is to have someone investigating who can realistically say to be independent.  This is destroyed when the person who hired the independent investigator starts calling the shots, as appears to be the case here.</description>
		<content:encoded><![CDATA[<p>MataHarley-</p>
<p>Thanks for the suggestions.  <a href="http://www.notwrightforamerica.com" rel="nofollow">Not WRIGHT for America</a> is actually not my blog but I do know Tim Brugger, who is the editor.  I will pass your suggestions along to him.</p>
<p>I think you are right about the legal/political investigation distinction.</p>
<p>However, I have to differ with you on the independent counsel.  The whole reason for it is to have someone investigating who can realistically say to be independent.  This is destroyed when the person who hired the independent investigator starts calling the shots, as appears to be the case here.</p>
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		<title>By: MataHarley</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-110592</link>
		<dc:creator>MataHarley</dc:creator>
		<pubDate>Sun, 07 Sep 2008 21:39:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-110592</guid>
		<description>Gyspy, as I pointed in out earliest posts about Trooper&#039;gate, French has *never* been neutral... nor the investigative process.   And it started with hiring Branchwater... whom I also pointed out in the first posts is far from removed from Monegan and the issues via his relationship.

The only thing new here today is that perhaps legislators, and media, just *might* be picking up on it... finally.    I mean,  when the Daily KOs finally gets it that there are TWO investigations, one created JUST for this kind of ethics violation, this is genuinely news.  Ask the average viewer.  They think the legislative investigation is the whole enchilada, and think it&#039;s THE way to go....

However I do disagree about your suggestion that French is unduly influencing the investigation.  The Indy Counsel works *for* the Alaskan legislature.  French, as the head of the investigation for the legislature, is Branchwater&#039;s client.  They are obligated to act on their behalf, and on their orders... even if they aren&#039;t wise orders. 

Granted, as I pointed out in my &lt;a href=&quot;http://www.floppingaces.net/2008/09/03/update-on-troopergate-desperate-left-falsely-accuses-palin-of-refusing-to-testify/&quot; rel=&quot;nofollow&quot;&gt;&lt;b&gt;9/3/post INRE the exchanged letters&lt;/b&gt;&lt;/a&gt; French ignored traditional ex parte behavior by responding directly to Van Flein&#039;s letter to Branchwater (his employed legal counsel).  However French - as representative of Branchwater&#039;s employer, the Alaska Congress - is fully within his rights to do so.  He&#039;s not out of line.  He&#039;s just ignoring the legal risk at providing the opposition with verbal and written &quot;fuel&quot;, so to speak.

You are doing good work on your &lt;a href=&quot;http://www.notwrightforamerica.com/&quot; rel=&quot;nofollow&quot;&gt;&lt;b&gt;NotWrightforAmerica blog.&lt;/b&gt;&lt;/a&gt;  But may I make a suggestion?  You are missing the larger point here.  There are two investigations.  One is the legal procedure, and designed to represent and enforce the people&#039;s will (Personnel Board/Ethics Act).  

The other is the legislative investigation which,  by the nature of it&#039;s secretive and politically motivated charges, is not on a par with the Personnel Board.   

The goal is to emphasize the legal process more, and the political process less.  i.e.... two investigations, one more politically neutral and legally sanctioned more than the other.

I might also suggest that you create a &quot;read more&quot; link at the bottom of your posts to get people to your site.  We have many &quot;reader posts&quot; who do that as well.  No problems in spreading the word, guy.  It&#039;s always a good idea to keep the truths moving in as many avenues as possible.</description>
		<content:encoded><![CDATA[<p>Gyspy, as I pointed in out earliest posts about Trooper&#8217;gate, French has *never* been neutral&#8230; nor the investigative process.   And it started with hiring Branchwater&#8230; whom I also pointed out in the first posts is far from removed from Monegan and the issues via his relationship.</p>
<p>The only thing new here today is that perhaps legislators, and media, just *might* be picking up on it&#8230; finally.    I mean,  when the Daily KOs finally gets it that there are TWO investigations, one created JUST for this kind of ethics violation, this is genuinely news.  Ask the average viewer.  They think the legislative investigation is the whole enchilada, and think it&#8217;s THE way to go&#8230;.</p>
<p>However I do disagree about your suggestion that French is unduly influencing the investigation.  The Indy Counsel works *for* the Alaskan legislature.  French, as the head of the investigation for the legislature, is Branchwater&#8217;s client.  They are obligated to act on their behalf, and on their orders&#8230; even if they aren&#8217;t wise orders. </p>
<p>Granted, as I pointed out in my <a href="http://www.floppingaces.net/2008/09/03/update-on-troopergate-desperate-left-falsely-accuses-palin-of-refusing-to-testify/" rel="nofollow"><b>9/3/post INRE the exchanged letters</b></a> French ignored traditional ex parte behavior by responding directly to Van Flein&#8217;s letter to Branchwater (his employed legal counsel).  However French &#8211; as representative of Branchwater&#8217;s employer, the Alaska Congress &#8211; is fully within his rights to do so.  He&#8217;s not out of line.  He&#8217;s just ignoring the legal risk at providing the opposition with verbal and written &#8220;fuel&#8221;, so to speak.</p>
<p>You are doing good work on your <a href="http://www.notwrightforamerica.com/" rel="nofollow"><b>NotWrightforAmerica blog.</b></a>  But may I make a suggestion?  You are missing the larger point here.  There are two investigations.  One is the legal procedure, and designed to represent and enforce the people&#8217;s will (Personnel Board/Ethics Act).  </p>
<p>The other is the legislative investigation which,  by the nature of it&#8217;s secretive and politically motivated charges, is not on a par with the Personnel Board.   </p>
<p>The goal is to emphasize the legal process more, and the political process less.  i.e&#8230;. two investigations, one more politically neutral and legally sanctioned more than the other.</p>
<p>I might also suggest that you create a &#8220;read more&#8221; link at the bottom of your posts to get people to your site.  We have many &#8220;reader posts&#8221; who do that as well.  No problems in spreading the word, guy.  It&#8217;s always a good idea to keep the truths moving in as many avenues as possible.</p>
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		<title>By: Gypsy Man</title>
		<link>http://www.floppingaces.net/2008/09/07/french-to-be-forced-out-of-troopergate-legislative-investigation-more-on-alaskas-personnel-board-due-process/#comment-110580</link>
		<dc:creator>Gypsy Man</dc:creator>
		<pubDate>Sun, 07 Sep 2008 20:45:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.floppingaces.net/?p=8151#comment-110580</guid>
		<description>A couple more recent developments...
Not WRIGHT for America (http://www.notwrightforamerica.com) has layed out smoking gun proof about how Hollis French has lied about his role in the investigation.  French just said yesterday (it&#039;s quoted in the AFP article) that the investigation is independent--they hired a supposedly independent investigator, Stephen Branchflower--and French said he has not influenced the investigation in any way.  But he admitted previously to telling Branchflower to deny requests from Palin&#039;s lawyer!

Isn&#039;t telling someone what to do &quot;influencing&quot; them?!

There&#039;s also a question of whether Trooper Mike Wooten&#039;s alleged death threat against Palin&#039;s father was confirmed by the internal investigation.  The Anchorage Daily News says yes, The Washington Post says no.  This is a key detail.

As usual the blogs are doing yeoman&#039;s work on this.  Riehl World View (www.riehlworldview.com) exposed how French is on the record as an Obama supporter!  Stay tuned, I think French&#039;s days are numbered...</description>
		<content:encoded><![CDATA[<p>A couple more recent developments&#8230;<br />
Not WRIGHT for America (<a href="http://www.notwrightforamerica.com" rel="nofollow">http://www.notwrightforamerica.com</a>) has layed out smoking gun proof about how Hollis French has lied about his role in the investigation.  French just said yesterday (it&#8217;s quoted in the AFP article) that the investigation is independent&#8211;they hired a supposedly independent investigator, Stephen Branchflower&#8211;and French said he has not influenced the investigation in any way.  But he admitted previously to telling Branchflower to deny requests from Palin&#8217;s lawyer!</p>
<p>Isn&#8217;t telling someone what to do &#8220;influencing&#8221; them?!</p>
<p>There&#8217;s also a question of whether Trooper Mike Wooten&#8217;s alleged death threat against Palin&#8217;s father was confirmed by the internal investigation.  The Anchorage Daily News says yes, The Washington Post says no.  This is a key detail.</p>
<p>As usual the blogs are doing yeoman&#8217;s work on this.  Riehl World View (<a href="http://www.riehlworldview.com" title="http://www.riehlworldview.com" class="autohyperlink" target="_blank">www.riehlworldview.com&#8230;</a>) exposed how French is on the record as an Obama supporter!  Stay tuned, I think French&#8217;s days are numbered&#8230;</p>
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