"Panel: Palin abused power in trooper case"

[[michele]]

http://www.cnn.com/2008/POLITICS/10/10/palin.investigation/index.html

ANCHORAGE, Alaska (CNN) -- Republican vice presidential nominee Sarah Palin abused her power as Alaska's governor and violated state ethics law by trying to get her ex-brother-in-law fired from the state police, a state investigator's report concluded Friday.
http://i2.cdn.turner.com/cnn/2008/POLITICS/10/10/palin.investigation/art.palinflag.gi.jpg Alaska Gov. Sarah Palin is under investigation for the firing of her public safety commissioner.


http://i.cdn.turner.com/cnn/.element/img/2.0/mosaic/base_skins/baseplate/corner_wire_BL.gif


"Gov. Palin knowingly permitted a situation to continue where impermissible pressure was placed on several subordinates in order to advance a personal agenda," the report states.

Public Safety Commissioner Walt Monegan's refusal to fire State Trooper Mike Wooten from the state police force was "likely a contributing factor" to Monegan's July dismissal, but Palin had the authority as governor to fire him, the report by former Anchorage prosecutor Stephen Branchflower states.

The investigator's report states Palin's efforts to get Wooten fired broke a state ethics law that bars public officials from pursuing personal interest through official action.

http://i2.cdn.turner.com/cnn/.element/img/2.0/mosaic/tabs/video.gifWatch what led to investigation » (http://www.cnn.com/2008/POLITICS/10/10/palin.investigation/index.html#cnnSTCVideo)

The lawyers representing both Sarah and Todd Palin issued a three-page attack on the investigative report, including the contention that Ethics Act violations can only involve financial motives and financial "potential gain, or the avoidance of a potential loss."

"Here, there is no accusation, no finding and no facts that money or financial gain to the Governor was involved in the decision to replace Monegan," the lawyers said.

Any abuse of power, they said, was on the part of the Legislative Council members, not the Palins.

"Sen. French and Sen. Green may have abused their government power by using public money to pursue a personal vendetta against the Governor, and then agreeing to pursue the PSEA attack against an administration that would not cave in to outrageous union demands."

"Put bluntly, Branchflower completely misapplied the Ethics Act and has instead sought to create a headline to smear the Governor," the lawyers wrote.

Monegan has said he was fired in July after refusing pressure to sack Wooten, who had gone through an acrimonious divorce and custody battle with Palin's sister.

http://i2.cdn.turner.com/cnn/.element/img/2.0/mosaic/tabs/interactive.gifView a timeline of the investigation » (http://www.cnn.com/2008/POLITICS/10/10/palin.investigation/index.html#cnnSTCOther1)

Monegan said he was "relieved" by the findings.

"I believed and had the opinion that I was terminated because I did not fire Wooten," he told CNN. "Now these findings say that that's what happened, so I feel relieved."

Palin (http://topics.cnn.com/topics/Sarah_Palin)and her husband, Todd, have consistently denied wrongdoing, describing Wooten as a "rogue trooper" who had threatened their family -- allegations Branchflower discounted.

"I conclude that such claims of fear were not bona fide and were offered to provide cover for the Palins' real motivation: to get Trooper Wooten fired for personal family reasons," Branchflower wrote.

The Branchflower report states Todd Palin used his wife's office and its resources to press for Wooten's removal, and the governor "failed to act" to stop it. But because Todd Palin is not a state employee, the report makes no finding regarding his conduct.

The bipartisan Legislative Council, which commissioned the investigation after Monegan was fired, unanimously adopted the 263-page public report after a marathon executive session Friday.

About 1,000 more pages of documents compiled during the inquiry will remain confidential because they involve private personnel matters, according to the council's chairman, state Sen. Kim Elton.

"I believe that these findings may help people come to a conclusion on how they should vote" in the presidential election, Elton said.

McCain-Palin campaign spokeswoman Meg Stapleton said Palin would cooperate with the Personnel Board investigation. The Palins' lawyer has said an investigator named by that board wants to question them in late October.

Stapleton called the investigation "a partisan-led inquiry" run by supporters of Democratic presidential candidate Sen. Barack Obama, but hailed its finding that Monegan's firing broke no law.

"Gov. Palin was cleared of the allegation of an improper firing, which is what this investigation was approved to look into," she said.

Stapleton went on to say that the Legislature exceeded its mandate in finding an ethics violation. "Lacking evidence to support the original Monegan allegation, the Legislative Council seriously overreached, making a tortured argument to find fault without basis in law or fact."

Rep. John Coghill, a Republican who criticized the handling of the investigation, said it was "well-done professionally."

He said Palin "bumped right against the edges" of the state's ethics laws but that he would give "the benefit of the doubt to the governor, though, at this point."

Palin originally agreed to cooperate with the Legislative Council inquiry, and disclosed in August that her advisers had contacted Department of Public Safety officials nearly two dozen times regarding her ex-brother-in-law.

But once she became Sen. John McCain's running mate, her advisers began painting the investigation as a weapon of Democratic partisans.
Ahead of Friday's hearing, Palin supporters wearing clown costumes and carrying balloons denounced the probe as a "kangaroo court" and a "three-ring circus" led by supporters of Democratic presidential candidate Barack Obama.





The state senator managing the probe, Sen. Hollis French, fueled those complaints with a September 2 interview in which he warned the inquiry could yield an "October Surprise" for the GOP. But Palin's lawyers already had begun pushing for the state Personnel Board to launch its own investigation, calling it the proper legal venue for the matter.

"The report speaks for itself," French told CNN Friday night.



:) Michele

[[michele]]

http://news.yahoo.com/s/ap/20081011/ap_on_el_pr/palin_troopergate


ANCHORAGE, Alaska - The politically charged investigation into Alaska Gov. Sarah Palin is over, and its conclusions are stinging. But the fallout, if any, might not come until Election Day.
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A legislative investigator found that Palin violated state ethics laws and abused her power by trying to have her former brother-in-law fired as a state trooper.

The next move may be at the ballot box. The legislative committee that released the report Friday recommends no criminal investigation and has no authority to sanction the governor, the Republican vice presidential nominee.

"It is out of the Legislative Council's hands. It goes to anyone's hands who got a copy or clicks the link on the Web," said Democratic state Sen. Kim Elton, the chairman of the committee that released the report. "I can't tell you how the process ends."

If voters believe the report's finding and it tarnishes Palin's reputation as a reformer and a champion for good government, that could hurt Republican presidential nominee John McCain in the final weeks of the race.
The McCain campaign quickly rejected that notion.

"I think the American people can tell the difference between the results of a politically motivated investigation and a legitimate finding of fact," campaign spokesman Taylor Griffin said.

The inquiry looked into Palin's dismissal of Public Safety Commissioner Walter Monegan, who said he lost his job because he resisted pressure to fire a state trooper involved in a bitter divorce and custody battle with the governor's sister. Palin says Monegan was fired as part of a legitimate budget dispute.

Stephen Branchflower, a retired prosecutor hired to conduct the investigation, said Monegan's firing was lawful. But the pressure Palin and her husband put on him, he said, was not.

Under Alaska law, it is up to the state's Personnel Board, not the Legislature, to decide whether Palin violated the ethics laws. If so, it must refer the matter to the Senate president for disciplinary action. Violations also carry a possible fine of up to $5,000.

By the time that investigation is over, however, the election will be over. If Palin is the vice president-elect, the results will hardly matter. If she loses, she'll have to address the board's findings at home. The national media will be long gone.

Barack Obama's presidential campaign did not comment on the report amid persistent accusations by Republicans that rival operatives were manipulating the investigation to help the Democratic presidential nominee.

Democratic Sen. Hollis French, who oversaw the investigation, contributed to that perception when he said the report could provide an "October surprise" for the McCain campaign.

Elton said partisanship played no role in the report.

"When we began investigating this, we had no idea that Sarah Palin would be a part of the national ticket," said Elton, an Obama supporter.
Branchflower said Palin violated a statute of the Alaska Executive Branch Ethics Act. Lawmakers don't have the authority to sanction her for such a violation and they gave no indication they would take any action against her.

Palin has recently said that the Personnel Board inquiry is the only one that matters. And McCain's campaign echoed those comments Friday.

"This is the opinion of this Legislative Council investigation," Griffin said. "It's just an opinion."

The report notes a few instances in which Palin pressed the case against trooper Mike Wooten, but it was her husband, Todd, who led the charge. Todd Palin had extraordinary access to the governor's office and her closest advisers and he used that access to try to get Wooten fired.
Gov. Palin knowingly "permitted Todd to use the Governor's office and the resources of the Governor's office, including access to state employees, to continue to contact subordinate state employees in an effort to find some way to get Trooper Wooten fired," Branchflower's report reads.
Wooten had been in hot water before Palin became governor over allegations that he illegally shot a moose, drank beer in a patrol car and used a Taser on his stepson. The Palins said they feared for their family's safety after Wooten made threats against them. ___


:) Michele

[tammy1999]

First of all, how many politians don't use their office as power or leverage in any matter?

First of all the woman that started the investigation is Dem that doesn't get along with the Gov. One of the only few in the State of Alaska. The Gov. has an 80% approval rate. How many politicians do you know that has that kind of rating? Also, this Dem. Senator paid a priviate investagtor $100,000 to do this job.

The next time a mother friend of yours doesn't take matters in her own hands when it comes to the safety of her family and others, let me know. Because I think you would do the very same thing.

[vegaschristina]

The next time a mother friend of yours doesn't take matters in her own hands when it comes to the safety of her family and others, let me know. Because I think you would do the very same thing.

The problem isn't that she took matters in her own hands when it came to the safety of her family and others. The problem is that she tried to get her soon to be ex brother-in-law fired. That isn't safety for family members...that's revenge. And then when Walter Monegan wouldn't fire him as asked, she fired him. That's not safety for family...that's a woman using her powers for revenge.

I would never do the very same thing. She fired a man because he wouldn't go along with her revenge. That's not safety, it's revenge.

[Tiffikat]

Any abuse of power like this is not okay. If she abuses her power as governor, what would she do as VP or even President if something happened to McCain?

[JCSimon]

First of all, how many politians don't use their office as power or leverage in any matter?

First of all the woman that started the investigation is Dem that doesn't get along with the Gov. One of the only few in the State of Alaska. The Gov. has an 80% approval rate. How many politicians do you know that has that kind of rating? Also, this Dem. Senator paid a priviate investagtor $100,000 to do this job.

The next time a mother friend of yours doesn't take matters in her own hands when it comes to the safety of her family and others, let me know. Because I think you would do the very same thing.

Actually, it wasn't a woman that started the investigation. It was a congressional panel -- 10 Republicans & 4 Democrats -- that started it. Gov Palin said when it started -- a whole month before anyone knew she was going to picked for VP -- "Bring it on. Hold me accountable."

The independent counsel was brought in (again, long before she was picked for VP) to avoid any appearance of politicism.

Now, McCain's campaign is saying it was too politicized and that the investigator can't have correct information because they never talked to her (because she refused to). They want the Alaska Personnel Board to do a separate investigation. That would be quite convenient, since the Personnel Board is *appointed* by the Governor.

[tammy1999]

Actually, it wasn't a woman that started the investigation. It was a congressional panel -- 10 Republicans & 4 Democrats -- that started it. Gov Palin said when it started -- a whole month before anyone knew she was going to picked for VP -- "Bring it on. Hold me accountable."

The independent counsel was brought in (again, long before she was picked for VP) to avoid any appearance of politicism.

Now, McCain's campaign is saying it was too politicized and that the investigator can't have correct information because they never talked to her (because she refused to). They want the Alaska Personnel Board to do a separate investigation. That would be quite convenient, since the Personnel Board is *appointed* by the Governor.

You didn't answer the question though. How many politicians do you know that hasn't used their office to get things done?

I don't care if the investigation goes on for years. If someone tasered my son and with death threats to my family, you don't think I wouldn't find some way to go after this piece of crap that shouldn't be a state trooper that has been in trouble numerous times before?

[Tiffikat]

There are proper channels to go through for everything. If someone hurt my child I would take it to the police. I am quite sure someone with Palin's influence could get an investigation into the actions of the trooper without putting pressure for him to be fired. If the allegations were true then likely he would have been fired for them. Also we have restraining orders for a reason.

There is a right way to handle something like that and a wrong way. I would prefer to have someone in the White House that uses the proper channels of handling issues such as this.

[HLWalter725]

You didn't answer the question though. How many politicians do you know that hasn't used their office to get things done?


Well I can't get a count the politicians that have or haven't misused their office to their own benefit, but I'm sure you are right that she isn't alone. That still doesn't make her behavior right or acceptable!!!

If my kids used that argument with me "awww mom, everyone else is doing it" it STILL wouldn't be ok.

I think it SUCKS that we appoint politicians to be our representatives and instead they make decisions that are in their own or their family's best interest. We shouldn't allow this from Republicans OR Democrats OR anyone else for that matter. Saying its okay because others have done it just permits the cycle!!!!

[Tiffikat]

Exactly Heather.

In my opinion there has to be a time when as Americans we step up and say "This is not okay and we cannot/will not support these blatant abuses of power." I think the Bailout was also one of those times.

[JCSimon]

You didn't answer the question though. How many politicians do you know that hasn't used their office to get things done?

I don't care if the investigation goes on for years. If someone tasered my son and with death threats to my family, you don't think I wouldn't find some way to go after this piece of crap that shouldn't be a state trooper that has been in trouble numerous times before?

So, if other politicians have abused their power for personal reasons, that makes it ok that she did? The *reason* she did it has no bearing on the case. The fact is that, when she took the oath of office as Governor, she implicity agreed to abide by the law.

[tammy1999]

So, if other politicians have abused their power for personal reasons, that makes it ok that she did? The *reason* she did it has no bearing on the case. The fact is that, when she took the oath of office as Governor, she implicity agreed to abide by the law.

The point I was making was that it has happened soooooooooo many times before with other congressmen and women and nothing has happened to that person. No its not right. But why just pick on her and let other crap slid under the rug that is much, much worse. How many times the main stream media will blast a Republican on the news and forgets to bring up the fact that maybe another congressman did something wrong. EX: Barney Frank right now and how he has stated on public record and video that Fannie and Freddie were sound. You won't see that on main stream and it happens all the time.

[Tiffikat]

Those other people are not running for President or Vice President. Currently (and likely until the election is over) the only thing in the news is likely to be about McCain, Palin, Obama, and Biden.

[txmusicmom]

Her ex-brother in law has admitted to tazering his son. He says it was all in fun-
He had a record of other inappropriate behavior.

On the radio today- it says it wasn't what she DID , it was what she didn't do? BUT they never said what that was.

[txmusicmom]

So, if other politicians have abused their power for personal reasons, that makes it ok that she did? The *reason* she did it has no bearing on the case. The fact is that, when she took the oath of office as Governor, she implicity agreed to abide by the law.

They also said she did nothing illegal-

[txmusicmom]

Remember the balance of powers- Executive, Legislative, and Judicial......

[JCSimon]

They also said she did nothing illegal-

No. They said the firing of the top cop was legal. They also said she "unlawfully used the power of her office" to her personal advantage.

[Scorpiosue1102]

If the man tasered his son and if it's illegal then the COURTS should take it up. It is not up to the Governor to set what should and should not be done or what retribution should be given. It should be done through the family courts, and/or criminal courts. Do I think the guy is scum to have done that? Absolutely. I think anyone, Gov. Palin included, should be held accountable for their actions. It's what I do with my five year old why should politician be any different.

[Gina.Maria]

First of all, how many politians don't use their office as power or leverage in any matter?

First of all the woman that started the investigation is Dem that doesn't get along with the Gov. One of the only few in the State of Alaska. The Gov. has an 80% approval rate. How many politicians do you know that has that kind of rating? Also, this Dem. Senator paid a priviate investagtor $100,000 to do this job.

The next time a mother friend of yours doesn't take matters in her own hands when it comes to the safety of her family and others, let me know. Because I think you would do the very same thing.

Do you honestly believe it's right for a politician to use their office in this way? For personal revenge? She asked that the charges she levied be investigated and they were. The department found some evidence of misconduct and he received his punishment which was in line with the type of punishment that any officer in the same situation would have been given - unpaid leave for a period of time determined by his superior officer. That should have been the end of it.

Also, her approval rating (http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1003856855)mean s nothing to me. I don't care if the population of Alaska thinks their governor's "the greatest" because I don't think the entire state is represented in that poll (actually, her rating's have plummeted since she reached her all-time high of 80% (http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1003856855)). There are some Alaskan towns so isolated that they don't even know who she is, let alone that she's been selected as the running mate of John McCain.

You didn't answer the question though. How many politicians do you know that hasn't used their office to get things done?

I don't care if the investigation goes on for years. If someone tasered my son and with death threats to my family, you don't think I wouldn't find some way to go after this piece of crap that shouldn't be a state trooper that has been in trouble numerous times before?

First off, the death threats are hearsay and haven't been confirmed outside the family. We can't accept them as fact just because Governor Palin said it happened.

Secondly, he was already reprimanded in the tasering case and it was explained (by the stepson, even) that it was in the format of a training exercise with the taser set on a very low setting and entirely at the request of the boy. Was it a good idea? No, but this guy isn't the sharpest tack in the box.

[Chreamps]

Washingtonpost Factchecker (http://blog.washingtonpost.com/fact-checker/) on Palin's radio interview about the report:

...The Pinocchio Test

Whether or not the Branchflower report -- which was launched by a bipartisan committee -- was a partisan smear job is debatable. What is not debatable is that the report clearly states that she violated the State Ethics Act. Palin has reasonable grounds for arguing that the report cleared her of "legal wrongdoing," since she did have the authority to fire Monegan. But it is the reverse of the truth to claim that she was cleared of "any hint of any kind of unethical activity."
http://media.washingtonpost.com/wp-srv/politics/interactives/factchecker/pinocchio.gifhttp://media.washingtonpost.com/wp-srv/politics/interactives/factchecker/pinocchio.gifhttp://media.washingtonpost.com/wp-srv/politics/interactives/factchecker/pinocchio.gifhttp://media.washingtonpost.com/wp-srv/politics/interactives/factchecker/pinocchio.gif