Saturday, October 4, 2008

Palinbots run amuck in the court system

Judge Peter A. Michalski put to rest those questions that have been repeatedly and erroneously raised by paid mouthpieces of the McCain Campaign to challenge the legitimacy of the investigation. (Below are excerpts from the court decision.)

Question 1: Can the Legislature engage in the "Troopergate Investigation?"

Excerpt from court decision: "...Monegan, as Commissioner of Public Safety, is subject to confirmation by the Alaska Legislature. Alaska Constitution Article III, Section 25. 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 has previously confirmed."

Question 2: Did the Legislative Council have the authority to investigate?

Excerpt from the court decision: "...under the Malone rationale, the court can only evaluate whether the Legislative Council is complying with the Alaska Constitution. The Constitution authorizes the "legislative council" to "perform duties and employ personnel as provided by the legislature." Alaska Constitution Article II Section 11. It is clear that the constitution intended the Legislative Council be governed internally by legislature. Under Malone, this is a matter for the legislative branch, not the judicial branch."

Question 3: Are the subjects of the subpoenas outside the jurisdiction of the Senate Judiciary Committee?

Excerpt from the court decision: "AS 24.25.010 gives the legislature and the Senate Judiciary Committee's subpoena power. Because the investigation is a proper subject for the legislature, any allegation that the Senate Judiciary Committee has stepped outside its boundaries is, under Malone, an issue for the legislative branch, not the judicial branch."

The court has made it very clear that this has always been a constitutionally lawful investigation.

Letter to Palin from Alaskans for Truth

In light of this, the people of Alaska have the right to expect their government to act lawfully in response. As you requested, Governor Palin, we will once again "hold you accountable."
1) Governor Palin, you should immediately provide a deposition for Investigator Branchflower, as you originally promised Alaskans.
2) Governor Palin, you should immediately order those 12 individuals who defied their subpoenas to contact Investigator Branchflower and set up their own depositions.
3) Ask for AG Talis Colberg's immediate resignation for his unethical and potentially unlawful response to this investigation.
4) Tell McCain Campaign's East Coast attorney, Ed O'Callaghan "Thanks, but no thanks," and send him back to New York. As this court decision destroyed all of his talking points, he has nothing left to discuss.

We look forward to your response.

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