Troopergate Report: Palin violated ethics, abused power

[Duckie]

Here!

A investigation has concluded that Gov. Sarah Palin abused her power, according to a report just now unanimously released by the legislative council.

The report by investigator Steve Branchflower found that Palin violated the state's executive branch ethics act, which says that "each public officer holds office as a public trust, and any effort to benefit a personal or financial interest through official action is a violation of that trust."

Branchflower was investigating whether Palin abused her power by pushing for the firing of state trooper Mike Wooten, who once was married to the governor's sister.

additional info will be forthcoming, I believe the report was released just 15 minutes ago.

[Duckie]

The Report (PDF) is now available via the legislature of the state of alaska's site

Finding Number One
For the reasons explained in section IV of this report, I find that Governor Sarah Palin abused her power by violating Alaska Statute 39.52.110(a) of the Alaska Executive Branch Ethics Act. Alaska Statue 39.52.110(a) provides

The legislature reaffirms that each public officer holds office as a public trust, and any effort to benefit a personal or financial interest through official action is a violation of that trust."

Finding Number Two
I find that, although Walt Monegan's refusal to fire Trooper Michael Wooten was not the sole reason he was fired by Governor Sarah Palin, it was likely a contributing factor to his termination as Commissioner of Public Safety. In spite of that, Governor Palin's firing of Commissioner Monegan was a proper and lawful exercise of her constitutional and statutory authority to hire and fire executive branch department heads

from my reading of this:

=It was, while technically legal, a breach of ethics, and thus an abuse of power. It was likely motivated by the police officer's relationship with her sister.

[Falkenhayn]

And they have so far chosen to sit on their hands.
Chicago Tribune

Alaska inquiry finds Palin abused power for personal gain in seeking the firing of ex-relative
By MATT APUZZO
ANCHORAGE, Alaska (AP) _ Sarah Palin unlawfully abused her power as governor by trying to have her former brother-in-law fired as a state trooper, the chief investigator of an Alaska legislative panel concluded Friday. The politically charged inquiry imperiled her reputation as a reformer on John McCain's Republican ticket.

Investigator Stephen Branchflower, in a report by a bipartisan panel that investigated the matter, found Palin in violation of a state ethics law that prohibits public officials from using their office for personal gain.

The inquiry looked into her 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 with the governor's sister. Palin says Monegan was fired as part of a legitimate budget dispute.

The report found that Palin let the family grudge influence her decision-making even if it was not the sole reason Monegan was dismissed. "I feel vindicated," Monegan said. "It sounds like they've validated my belief and opinions. And that tells me I'm not totally out in left field."

Branchflower said Palin violated a statute of the Alaska Executive Branch Ethics Act.

Palin and McCain's supporters had hoped the inquiry's finding would be delayed until after the presidential election to spare her any embarrassment and to put aside an enduring distraction as she campaigns as McCain's running mate in an uphill contest against Democrat Barack Obama.

But the panel of lawmakers voted to release the report, although not without dissension. There was no immediate vote on whether to endorse its findings.

"I think there are some problems in this report," said Republican state Sen. Gary Stevens, a member of the panel. "I would encourage people to be very cautious, to look at this with a jaundiced eye."

The nearly 300-page report does not recommend sanctions or a criminal investigation.

The investigation revealed that Palin's husband, Todd, has extraordinary access to the governor's office and her closest advisers. He used that access to try to get trooper Mike Wooten fired, the report found.

Branchflower faulted Sarah Palin for taking no action to stop that. He also noted there is evidence the governor herself participated in the effort.

[Admiral Valdemar]

Can't have a potential VP indicted on criminal charges over abuse of power. That's not how the system works.

[Aratech]

Can't have a potential VP indicted on criminal charges over abuse of power. That's not how the system works.

What's the likely fallout from this, in your opinion?

[rhoenix]

Can't have a potential VP indicted on criminal charges over abuse of power. That's not how the system works.

Exactly - that's only for proles!

The very fact that this finding was loosed, despite nothing happening (criminal charge-wise) immediately, I feel is a good sign. It erodes Palin's newfound semi-legitimacy, and also silently looks askance at McCain for picking her in the first place without doing his homework.

I wouldn't be surprised if some articles begin raising questions about his judgement over this.

[Patrick Degan]

Can't have a potential VP indicted on criminal charges over abuse of power.

—or facing a Bill of Impeachment either...

[CaptJodan]

Can't have a potential VP indicted on criminal charges over abuse of power.

—or facing a Bill of Impeachment either...

As it says, it's an ethics violation, not a violation of the law. How far legally can you go with just an ethics violation that didn't actually break any laws?

Regardless, we know we can't have anyone ethical in the office of the VP. THAT is not the American way.

[FireNexus]

Umm... Al Gore?

[Patrick Degan]

Umm... Al Gore?

Funny, I don't recall Al Gore actually breaking laws while in office, or having done so before getting to office, or simply making up any convenient legalism to justify actions in office (ahem —Spiro Agnew, Dick Cheney).

[Omega18]

As it says, it's an ethics violation, not a violation of the law. How far legally can you go with just an ethics violation that didn't actually break any laws?

The report explicitly states that Sarah Palin violated Alaskan state law.

Finding Number One

For the reasons explained in section IV of this report, I find that Governor Sarah Palin abused her power by violating Alaska Statute 39.52.110(a) of the Alaska Executive Branch Ethics Act. Alaska Statute 39.52.110(a) provides

The legislature reaffirms that each public officer holds office as a public trust, and any effort to benefit a personal or financial interest through official action is a violation of that trust.

http://community.adn.com/adn/node/132565

While the report apparently says that Palin acted within her authority regarding simply firing Monegan, (although Branchflower says that he beliefs the Wooten issue played a contributing role in the firing contrary to Palin's claims on the subject) she did break the law regarding the pressure she personally and knowingly let others who were part of her administration (as well as Todd Palin) put on Monegan to fire Trooper Wooten. (With part of the issue being members of the administration effectively represent the governor and knowingly letting them pressure Monegan over Wooten is still an abuse of the office given its a personal matter for Palin and they are presumably acting that way because of how the situation personally involves Palin.)

Its specifically a crime according to Alaskan state law for a public office holder to specifically make an effort to benefit a personal interest with an official action. (The law goes on to advise them to avoid such potential conflicts of interest.) In other words, we're not merely talking about an ethics violation but a violation of the law in this case.

Its true no penalties are spelled out for violating the law and no penalties were specifically recommended in the report, but the legislature does potentially have the option of pursuing criminal penalties.

[FireNexus]

Umm... Al Gore?

Funny, I don't recall Al Gore actually breaking laws while in office, or having done so before getting to office, or simply making up any convenient legalism to justify actions in office (ahem —Spiro Agnew, Dick Cheney).

Which is why I brought up his name, in response to the "ethical VPs are not the american way comment". He was my counter-argument. Apparently my sarcasm meter was off just then or something. Hell, I'd vote for Al Gore if he was in full S&M gear during the debates.

[CaptJodan]

snip

Fair enough, thanks for the clarification. Still, I doubt a largely republican led legislature will pursue such charges. The best we can hope for, I think, is that it further disrupts the McCain campaign.

[Omega18]

snip

Fair enough, thanks for the clarification. Still, I doubt a largely republican led legislature will pursue such charges. The best we can hope for, I think, is that it further disrupts the McCain campaign.

Realistically nothing is going to happen until after the election with regards to any actual legislative action other than possibly to some degree endorsing the report. (Although its not clear that will happen given the obvious partisan consideration here.)

It should be noted though that such charges could be pursued according to the law, and I could scenarios where the legislature ends up eventually doing something after they come back and the election is over.

However its true that the real issue for McCain and Palin in the short term over this matter are the political consequences.

[CmdrWilkens]

As an addendum to Omega's post right now the Alaska State legislature is on recess campaigning for re-election. The only members in town are the 14 members (10 R and 4 Dem) mentioned as being part of this committee. They are essentially a rump legislature who sit in session at all times in order to deal with any immediate and pressing business. while the committee can make recommendations the legislature as a whole cannot vote to endorse the findings or pursue charges until it resumes session after the election.

[Max]

You know Palin supporters are going to argue that the people who conducted this are 'Obamassiah' (tm) supporters, and are just out to get her...

[RedImperator]

You know Palin supporters are going to argue that the people who conducted this are 'Obamassiah' (tm) supporters, and are just out to get her...

Palin could eat a live kitten on national television and her supporters would either defend it or blame Obama. They're never going to vote Democrat anyway, so it doesn't matter. What does matter is that if Palin ever had any chance of winning over independents (doubtful; her favorable rating is -18, and that poll was taken before the Troopergate report), it's gone now. Furthermore, this badly damages McCain--he was the one who put her on the ticket without vetting her. In the long run, this could torpedo any kind of future Palin had in national politics, though again, she was plenty damaged already. Between the demagoguery and that humiliating performance in the Couric interview, she's damaged goods with everyone except the same people who think Bush is doing a good job.

[CaptJodan]

You know Palin supporters are going to argue that the people who conducted this are 'Obamassiah' (tm) supporters, and are just out to get her...

They already have.

McCain-Palin 2008 Statement on ‘Troopergate’ Report

McCain-Palin 2008 spokeswoman Meg Stapleton issued the following statement on today’s release of Stephen Branchflower’s report:

“Today’s report shows that the Governor acted within her proper and lawful authority in the reassignment of Walt Monegan. The report also illustrates what we’ve known all along: this was a partisan led inquiry run by Obama supporters and the Palins were completely justified in their concern regarding Trooper Wooten given his violent and rogue behavior. 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. The Governor is looking forward to cooperating with the Personnel Board and continuing her conversation with the American people regarding the important issues facing the country.”

Source: http://blogs.wsj.com/washwire/2008/10/1 ... te-report/

[Duckie]

Except that, you know, the investigation was started before Palin was a VP, so was Obama persecuting her even before then? What marvelous foresight.

[consequences]

Wait, so he not only predicted Palin as the Republican Vp pick, but he managed to stack the Alaskan legislature with 10 supposedly Republican members who were actually democratic sleeper agents in his employ, and arranged for them to be the only ones in town to conduct the investigation? Screw President of the US, Obama for Galactic Emperor.

Honestly though, how can you even function in modern society if you lie to yourself that badly?

[Mr Bean]

Except that, you know, the investigation was started before Palin was a VP, so was Obama persecuting her even before then? What marvelous foresight.

And that's why we love the media, not ONE of them will question the McCain statement, only print his talking points like the good little robots they are. How could Obama in July of this year have the foresight to see Sarah would be picked as VP and "arrange" to have very red republicans from a red state vote unanimously on July 28th 2008 to begin this investigation.

Wow that man's good. See here's the thing, if he's that good of a forecaster it argues for him becoming President

Vote "That One" 08
For his vision can piece the veil of time!

[Admiral Valdemar]

The liberal media has a lot to answer for. Mainly their lack of existence and scrutiny over these outlandish counter-claims by the McSame party of clowns.

[ArcturusMengsk]

The liberal media has a lot to answer for. Mainly their lack of existence and scrutiny over these outlandish counter-claims by the McSame party of clowns.

I'm hopeful that an Obama administration will re-institute the Fairness Doctrine that Reagan nixed, or some facsimile thereof. That could have saved us a lot of headaches in Iraq had the media been doing their job and not kow-towing to Bush.

[Ender]

The liberal media has a lot to answer for. Mainly their lack of existence and scrutiny over these outlandish counter-claims by the McSame party of clowns.

I'm hopeful that an Obama administration will re-institute the Fairness Doctrine that Reagan nixed, or some facsimile thereof. That could have saved us a lot of headaches in Iraq had the media been doing their job and not kow-towing to Bush.

IIRC, that was undone by a SCOTUS ruling, so the President really has no say there.

[ArcturusMengsk]

The liberal media has a lot to answer for. Mainly their lack of existence and scrutiny over these outlandish counter-claims by the McSame party of clowns.

I'm hopeful that an Obama administration will re-institute the Fairness Doctrine that Reagan nixed, or some facsimile thereof. That could have saved us a lot of headaches in Iraq had the media been doing their job and not kow-towing to Bush.

IIRC, that was undone by a SCOTUS ruling, so the President really has no say there.

SCOTUS upheld the Fairness Doctrine's Constitutionality in Red Lion Broadcasting Co. v. FCC. Here's how it ended:

Under FCC Chairman Mark S. Fowler, a communications attorney who had served on Ronald Reagan's presidential campaign staff in 1976 and 1980, the commission began to repeal parts of the Fairness Doctrine, announcing in 1985 that the doctrine hurt the public interest and violated the First Amendment....

In June 1987, Congress had attempted to preempt the FCC decision and codify the Fairness Doctrine [9], but the legislation was vetoed by President Ronald Reagan. Another attempt to revive the doctrine in 1991 ran out of steam when President George H.W. Bush threatened another veto.[10]

I'm under the impression that this was a very deliberative assault by conservatives to monopolize the traditional media, as they have now almost completely succeeded in doing.