It was surely an odd bit of timing on Monday, November 3--just hours before one of the biggest presidential elections in American history--that the Alaska State Personnel Board issued a finding by its chief investigator, Timothy J. Petumenos, that Republican vice-presidential candidate and Alaska governor, Sarah Palin, did not breach state ethics laws when she fired Alaska public safety commissioner Walt Monegan in July of this year.
This last minute finding appeared to exonerate Palin of any legal culpability in the so-called "Troopergate" scandal that dogged her throughout her ill-fated, two-month run on the Republican ticket. Palin boldly claimed it a "vindication," while headlines throughout the world declared that she had been "cleared" of any wrongdoing.
That was hardly the case. Composed entirely of political appointees--and all Republican--the Personnel Board was hell-bent on clearing Palin from the get-go. Its findings were neither final nor impartial. And they leave many questions about her behavior, along with that of her husband and her staff, unanswered.
Perhaps the most significant questions that remain are whether or not Governor Palin and her husband, Todd, committed perjury in their sworn affidavits to the personnel board.
There is significant circumstantial evidence that they did.
Less than a month before the Personnel Board's findings, of course, a Republican investigator of the bipartisan Alaska Legislative Council declared that while Palin broke no laws in firing Monegan, she had, in fact, violated the state's Executive Ethics Act by actively pursuing the firing of her former brother-in-law, Alaska state trooper Mike Wooten.
Palin put the lean on Monegan to fire Wooten. He didn't. So he was fired instead.
As Governor, Palin had the executive right to fire Monegan. On that fact, both the Legislative Council and Personnel Board agree.
What they disagree about is whether Palin, her husband, and her staff had the right to hound Monegan about the firing of Wooten. The Personnel Board said that she did have the right; the Legislative Council's reading of the Alaska Ethics Act says she did not.
And hound they did. More than three dozen times in less than two years.
In the aftermath of Monegan's dismissal, Palin gave at least four different reasons for it--all of which seem spurious, at best, and concocted, at worst. And there is strong evidence contradicting every one of her four explanations.
But even more troubling is the absolutely obsessive pattern of strong-arming Monegan about Wooten that began immediately once Palin took office. Within two months of her December 2006 inauguration, Palin and her husband, Todd, contacted Monegan a half-dozen times about firing Wooten. Then Palin's staff members began the assault. Then more contacts from the Palins. Then more from staff.
The pressure was unrelenting and continued right up until the time that Monegan was fired. The record on that--emails, notes, even taped phone conversations--is quite clear.
Perhaps the most troubling piece of evidence is a February 7, 2007, email from Gov. Palin to Monegan. It's a long, rambling missive that concludes with a return to her obsession with Wooten: "Just my opinion -- I know you know I've experienced a lot of frustration with this issue. I know Todd's even expressed to you a lot of concern about our family's safety after this trooper threatened to kill a family member..."
Both Palin and her husband swore under oath that they did not have conversations with Monegan a month earlier (in January 2007) about the Wooten matter. Yet the February 2007 email proves concretely that Palin was aware that her husband had conveyed concerns to Monegan and, by implication ("I know you know") that she had as well. It also clearly establishes the pattern of her trying to use her influence to get Wooten fired from her earliest days in office.
Palin further contradicted her own testimony by saying that her husband complained to her so frequently about the handling of the Wooten matter that she had to tell him to stop, and then shortly thereafter contended that she knew nothing about his activities to get Wooten fired.
Implausible? Absolutely. Perjury? That remains for a legal body to decide.
But will one?
I contacted Monegan's talented attorney in Anchorage, Jeffrey Feldman, of Feldman, Orlansky & Sanders, to ask him about the state of the case and what were the next legal steps in this matter.
"No one knows the answer to that question," he declared. Since the Personnel Board made a finding of "no probable cause" and denied Monegan's request for a hearing, there "is nothing currently pending before the Personnel Board."
Feldman indicated that Monegan's legal options are also limited. He "could file an action in court either challenging his dismissal, asserting defamation claims, or seeking a due process name-clearing hearing," but as of now that's uncertain.
That leaves the Alaska Legislature. When it goes back into session in January, there are a variety of options it could pursue. Although there's a bipartisan majority caucus in the state Senate, Feldman said, it's uncertain whether Senate President-designate, Republican Gary Stevens (not related to the convicted U.S. Senator), will follow up on any matter dealing with Troopergate.
That, to me, would seem to be a dereliction of the Legislature's duty. The Alaska Legislature has the right--and I believe the obligation--to follow-up on the findings of its own investigation and to censure Governor Palin for what was a clear pattern of abusing her power.
Moreover, the Legislature also has the power to seek contempt charges against Palin and other state officials who willingly ignored the Legislative Council's subpoenas during its investigation of Troopergate. And it also has the power to hold hearings on whether or not Palin and her husband committed perjury. There's troubling evidence that they did.
Come January, someone needs to show Alaska's first family that they are not above the law.
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Do you mean there are actually people who believe that the subject investigation was legitimate?
Good grief.
Those would be the same people who thought VP Palin was a good idea. Not the brightest bulbs on the tree.
At least some of the R Gov's at the convention didn't like the idea of Palin having any future in the party....t hey effectively ignored her when it came to commissions and any leadership possitions ....only the media made a fuss about her...whic h the Gov's did NOT like.
Hopefully, the citizens of Alaska will have an awakening and demand that their legislature do their jobs to investigate this travesty. It's been at times amusing, but the reality is that Palin is an actual sitting governor, not a just beauty pageant media mouth, and shoudl be held responsible for her actions just like all other elected officials.
Wake up Alaska! Demand good governance or you will remain the laughing stock of the nation and even the world.
Good article, thank you. It sounded like a cover-up at the time. I just hope Alaska does the right thing and God gives her another sign, maybe writes accross the sky that she is NOT meant to be in politics. Hullo Sarah - noticed the whole world thinks you are a JOKE yet?
"Come January, someone needs to show Alaska's first family that they are not above the law."
You said it.... Justice needs to be served.
Politics and ethics appear to be mutually exclusive in Alaska.
I would tend to agree with the State ethics report signed by 11 Republicans, that Governor Palin abused her position.
I suspect that 1 or more of those Republicans will challenge her in a Primary.
This chatter that Palin represents the future of the GOP is mindless but never underestimate the GOP for being stupid.
Palin didn't just tape the address for the 2008 Alaska Independence Party convention, she also delivered the keynote address for the 2006 one, attended the 2000 one and was also there in '96 when they drafted up their own Independent Alaska constitution. Not only is she clueless about the world outside of Alaska, she couldn't care less.
In 1988, Frank Zappa had a song (on his Broadway the Hard Way album) entitled "Any Kind of Pain". The words fit Sarah Palin perfectly!
you are SO right...an d that is SO freaky....
If she isn't held accountable it will send a strong message to all the other petty tyrants out there they can act with impunity.
I truly don't think the Alaskan people are tough enough to take Palin to task for Monegan and for her expenses either. She's got them wrapped around her little fingers. I'm so glad I don't live there.
Having the state of Alaska pay for her children's travel and later changing the reimbursement forms to make it appear that they were on state business seems like fraud to me,
Since it's fraud from the state, it's tiptoeing towards treason.
Is it just me, but does the finding by the Alaska legislature, elected by the PEOPLE, far more credible than a finding by the AK Personnel Board with its members all appointed by the person they're investigating? Am I missing something?
You mean the one that said she violated no laws? That one?
NO, the one by ...
"a Republican investigator of the bipartisan Alaska Legislative Council"
that declared that
" she had, in fact, violated the state's Executive Ethics Act"
... WHICH IS A LAW ...
" by actively pursuing the firing of her former brother-in-law, Alaska state trooper Mike Wooten."
Now you got it? I KNOW some of you right wingers are THICK, but I think even W can understand that if you are found to have VIOLATED a LAW, then you VIOLATED a LAW!
Yes, unfortunately, you are missing the fact that under Alaska law it is the Personnel Board that has responsibility for this investigation. Agreed, it reeks of ethical problems, but since when has Alaska really been part of the U.S. rule of law.
for that matter, why can the socialist state of Alaska charge royalties for petroleum that flows through the trans alaska pipeline while other states like Louisiana, Texas, Oklahoma, etc. do not. Alaska pushed through an amendment to its state constitution that allows this. why don't these other cash-strapped states do the same?
There is NOTHING in the Alaska Constitution to stop the Legislature from conducting an investigation, for ANYTHING. If they find the Governor has broken laws they can then refer the case for prosecution AND/OR vote to IMPEACH or CENSURE. The Personnel Board has no jurisdiction over what the Legislature does ... the Legislature is separate and EQUAL to the Executive ...
The glue that will eventually stick to Palin will ultimately be her and husband Todd's membership in, and support of the Alaska Independence Party, which contrary to statements to the contrary by SP, is still active in seeking secession from the union.
Todd Palin was listed as a member of AIP from 1995 to 2002. Sarah televised a welcome speech for the 2008 AIP convention in which she closed with "....keep up the good work, and God bless you."
As late as 2006, the AIP collected enough signatures to place an initiative on the Alaska fall ballot calling for the state to secede from the union. The State Supreme Court ruled any attempt at secession to be unconstitutional. The initiative was not approved to appear on the fall ballot.
I believe any future attempt by SP to seek any federal elected position may be successfully challenged in court by merit of a well documented and close personal association with a seditious political party. The facts of the case may be ignored by the media, but a suit in court must and will be heard.
The beauty of Ted Stevens loss to the Anchorage Mayor is that if overly ambitious and unqualified Sarah decides she wants to go for the Senate , she has to challenge a Republican Woman who currently holds the job. That would be in 2010 for Lisa Murkowski's seat.
Originally she(Lisa) was appointed to that position by her Father, the former Govenor, but later won an election to keep it. That really PO'ed alot of prominent Repugs who wanted the job. That explains the newer law the forbids this practice now. (Maybe the Dems in AK could find a good candidate also.) Lisa was not anti-choice when in the AK legislature as a congresswoman.
Would be a fun fight to watch. (AK resident from 81 to 05) PHIL
"Come January, someone needs to show Alaska's first family that they are not above the law."
Good luck with that... even a clear and indisputable duty will not persuade the cowering Democratic majority in Congress to curb the outrageous, rampant, debauched and lethal criminality of the Bush Administration. "Above the law" is just what Republicans do as a matter of course, and just what their self-loathing authoritarian voters want -- and expect -- them to do.
Alaska may have a state legislator with both a sense of duty and a spine, but since it seems that having that particular combination in one's character makeup does not usually serve one well in government (the criminal class run 'em off before they can even get started), it would seem unlikely.
Straight as the hind leg of a Moose, when the norms of law are not applied it degrades the system!
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