Trooper’gate correction & my promised mea culpa:
There *are* two lawsuits…

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I mentioned in my last Trooper’gate post INRE the GOP lawsuit that I didn’t think there were two suits, as Amanda Carpenter mentioned in her Townhall article. I hadn’t seen a second filed brief…. I guess I’m one of those doubters of media reports until I see the legal documentation.

Well, I also said I’d do a mea culpa if warranted. And here it is… TWO mea culpas, in fact. The first is that I was wrong, and there are two lawsuits.

The second mea culpa is that, not knowing the names of all the Alaskan legislators, I have the two briefs backwards. The 14 page brief in the first Trooper’gate post is the filing from the five Fairbanks citizens against Steve Branchwater…. not the GOP lawmakers I had read about first. So many names in this story…. boggles a girl’s mind sometimes! sigh….

Today I found what I needed… the 27 page brief filed by the GOP lawmakers, Representatives Wes Keller, Mike Kelly and Bob Lynn, and Senators Tom Wagoner and Fred Dyson.

Named defendants in this suit are Senators Hollis French and Kim Elton, investigator/counsel Steve Branchwater and the entire Legislative Council.

In this brief, there are far more quotes from Hollis French to various media documenting his pre’judgment of Gov. Palin’s guilt than I was aware of. He’s been a very busy media mouthpiece…

There are more specifics on the illegal actions of the Legislative Council… acting without authority on the commencement and funding of the investigation is more clearly delineated, including Sen. French’s interference in the investigation specifics itself. Also touched on was it’s method of conduct, violating Constitutional due process rights of Gov. Palin and all involved. This includes everything from using a biased investigative process and counsel to McCarthy’esque tactics as “tip lines”, and subpoenas for private citizens in secret depositions, testifying to hearsay and rumors.

Another was the mention of subpoening Todd Palin – a private citizen – requiring him to produce records.

The lawsuit suggests the Legislative Council is also violating the Separation of Powers, as they are not authorized to investigate in arenas that are not related to advancing legislation. (this mirrors federal Constitutional powers as well) Nor was impeachment discussed… or the procedure for seeking impeachment properly followed.

Van Flein is now being bolstered by some of McCain’s bigwigs now, acting as consultants to the Anchorage attorney in the high profile action. Naturally the Newsweek article presents it in such a way that it looks like Palin is trying to avoid any scrutiny by ignoring the legality of the Personnel Board complaints authorized to investigate ethics charges against the Executive Branch, as per Alaskan law. But coming from Michael Isikoff, I can’t be too surprised. One day these guys will get a clue….

So mea culpa…. just straightening out the record. I promised I would. And wanted to do it johnny-on-the-spot.

Senator Elton, the Council chairman, responded to the lawsuits via an email yesterday afternoon:

The Judiciary, the third branch of government, is now part of the drama surrounding the Legislative Council’s investigation into “the circumstances and events surrounding the termination of former Public Safety Commissioner Monegan and potential abuses of power and/or improper actions by members of the executive branch.”

Five legislators now are asking the courts to stop an investigation unanimously endorsed by the Legislative Council several weeks before Gov. Sarah Palin was elevated to the Republican national ticket as a vice presidential nominee.

The suit filed in the Superior Court of the State of Alaska seeks “declaratory and injunctive relief in the investigation,” according to the attorney hired by Reps. Wes Keller, Mike Kelly, and Bob Lynn along with Sens. Tom Wagoner and Fred Dyson. Named in the suit in addition to the Council were: Sens. Kim Elton, chair of the Council; Hollis French, project director for the investigation; and Steven Branchflower, the investigator hired by the Council.

“While the suit is a distraction,” Sen. Elton said today, “I’m comfortable with the notion that the court will review the substance of the suit and find the Council acted properly and that the decisions made during the course of the investigation so far are appropriate and well within the mandate of the Council.” He added the investigation will continue pending a ruling from the court.

“The silver lining in this action initiated by the five lawmakers,” Elton said, “is that some of that debate now has been kicked to the judicial branch which, unlike the legislature and the governor’s office, is more insulated from the red-hot passion of presidential politics.”

Elton also noted that an attorney will be hired to represent himself, French, Branchwater and the Legislative Council – all the named defendants. Wonder if they have the right to appropriate those funds too….

See all previous Trooper’gate posts here

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