Legal Commentary

Alaska Judge Rules Legislative TrooperGate Probe May Proceed

By Jeralyn

A judge in Alaska yesterday denied a request by Republican lawmakers to dismiss the Alaska legislature's TrooperGate probe and find the legislature's investigation on grounds it is too partisan to proceed.

"It is legitimately within the scope of the legislature's investigatory power to inquire into the circumstances surrounding the termination [of] a public officer the legislature had previously confirmed," the judge wrote.

The report may be out October 10. The investigation is being conducted by an independent investigator.

As for Todd Palin and the other employees' subpoenas:

Michalski also threw out a lawsuit filed by Palin aides seeking to dismiss subpoenas compelling their testimony in the investigation. The aides had argued that the subpoenas should not have to be honored because they should not have been issued.

More....

His attorney, Thomas Van Flein, declined to say whether Palin would testify now, saying he had not seen the ruling to study the options.

"The question was never if Mr. Palin would testify, only where. The personnel board or the committee," Van Flein said by e-mail. "Now it could be both. But no decision has been made."

What Palin (and McCain lawyers) were seeking:

At first, Palin agreed to cooperate with the probe, but since being picked Aug. 29 to be McCain's running mate, she, her family and staff have instead said the legislative investigation has been compromised by politics and that they would only cooperate with a separate investigation run by the Alaska State Personnel Board, whose members Palin can fire.

Full post as published by TalkLeft on October 03, 2008 (boomark / email).