Editore"s Note
Tilting at Windmills

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October 4, 2008

TROOPERGATE DESPERATION.... It's a shame major media outlets never really sunk their teeth into Sarah Palin's "Troopergate" scandal. I thought a candidate for national office in the midst of an ongoing abuse-of-power scandal, in which she's changed her story and pretty clearly lied, would be a fairly big deal. For the most part, it's considered a tangential footnote, which most voters have probably never heard of.

Indeed, when Palin broke her word about cooperating with the bipartisan investigation, her aides and husband refused to honor subpoenas, and Republicans filed a lawsuit to quash the investigation altogether, I foolishly assumed alarm bells would go off for campaign reporters. Alas, that didn't happen, either.

This week, an Alaskan judge refused to block the rest of the bipartisan investigation, clearing the way for a release of a report on the probe on Friday.

As Josh Marshall noted, this has created some desperation among McCain campaign officials and their lackeys.

Republican state legislators, at the behest of the McCain campaign, have now filed an emergency appeal with the Alaska Supreme Court trying to shutdown the 'Troopergate' investigation. The plaintiffs (echoing the Bush v. Gore decision) claim "the plaintiffs and Alaskans will suffer irreparable harm" if the Branchflower report is released, as scheduled, next Friday, October 10th.

Bear in mind, the people in charge of the investigation moved the release date up so as not to have it released on the eve of the election. That was the original schedule long before Palin was chosen as veep nominee. And the GOP lawyers the McCain campaign sent to Alaska have succeeded in having almost all the parties connected to Palin refuse to cooperate with the investigation. So it's not completely clear just what Branchflower is going to be able to come up with, either inculpating or exculpating.

But this is an opportunity to refocus our attention on something that has been lost in the nonstop coverage of Palin's campaign trail lies and botched interviews: her record in Alaska strongly suggests she lacks the character to be trusted with high office. Though the troopergate scandal is tied narrowly to Palin's firing of Alaska's top cop, Walt Monegan, the heart of the story is about a private vendetta that Palin tried to settle using her new powers as the chief executive of the state of Alaska. Thwarted in doing so, all evidence suggests she fired the public official who refused to execute her plan.

Nor is it the only example. Both as mayor and governor, Palin has shown the tell-tale signs of a politician who hires cronies and fires or blackballs critics. This part of Palin's record gets deep in the weeds. So it's not as flashy as the boffo interviews or as irresistible as the straight-up lies she's been caught in. But we need no closer example than the Bush administration to know that people like this are dangerous and corrosive to our public institutions.

For all of Palin's ridiculous qualities, humiliating mistakes, and breathtaking lies, it's worth pausing once in a while so as to not miss the forest for the trees.

Steve Benen 11:00 AM Permalink | Trackbacks | Comments (15)
 
Comments

I thnk people should be concerned about the legal theories Palin uses, especially coming off eight years of Bush. Troopergate suggests very uncomfortable parallels. But even more may be her comment about the VP role in the debate. Could it be that she would interpret the president of the senate to have powers similar to the POTUS, only within a smaller realm? Does she think she would have the power to schedule votes? Or block them singlehandedly? And who would stop her? Bush/McCain appointed judges?

Posted by: Danp on October 4, 2008 at 11:12 AM | PERMALINK


I'm not an Alaskan, but from the local news there seem to be a lot of people up there, left right and middle, torqued off that the McCain campaign is mucking around with their state government for 100% electoral purposes.

Posted by: winner on October 4, 2008 at 11:13 AM | PERMALINK

It's time for Palin's lawyers to "strenuously" object.

If she's clearly shown to have done this and the media picks it up, what will happen? I haven't the foggiest. How much worse could she get before she has to quit?

Posted by: dannyshenanigan on October 4, 2008 at 11:17 AM | PERMALINK

This could be a big deal. Reporters for mainstream outlets, being mostly lazy and reactive, need something which does their work for them. Branchflower's report may be just the thing.

What became clear early on was that Branchflower is an experienced investigator, and knows his way around. You could tell that by the fact that he didn't whine and waste time with a bunch of showy and time consuming lawyer work to try to compel testimony from those who refused. Making a big show and wasting resources on trying to compel testimony from those who will show up and talk sideways anyway is a waste of time, mainly done by investigators who want to deflect blame from what they fear will be perceived as a failed investigation.

Branchflower had an initial month to work pre-VP nomination. He's had many sources of information, and no doubt many who have been willing to talk to him. He had his hands on at least a goodly slug of documents in the first few weeks. And let's not forget, the basic factual situation makes it highly likely that there is considerable evidence here and there; Palin was probably not but so careful about the whole business at that point in time.

A good investigator ALWAYS has people refuse to talk, it's just part of their job. They use the evidence they have to lay out what is indicated, then emphasize that various affected persons had every opportunity to contradict or add context, but refused to do so. For each factual point of the findings, the report will recite is found, then emphasize the refusal of affected persons to weigh in and defend themselves. The target is not allowed to bury your investigation because they won't cooperate.

There's another major factor; while Palin and crew have refused to testify with various paper thin legal rationale, they haven't invoked privilege against self-incrimination. With cases involving 'pleading the Fifth', the investigator faces fairly serious constraints on drawing conclusions from failure to testify, due to the fact that the affected person has invoked Constitutional privilege. No such constraint exists here, as the refusals are not based on Constitutional privilege. Branchflower could, should he choose to do so, go so far as to argue that the refusals indicate guilt. Being experienced, he is unlikely to do that, but can lead right up to that point, allowing the public to decide that it is what it quacks like.

The McCain / Palin camp has realized that Branchflower hasn't blinked. They probably have some intel that lets them know that he has a stink bomb or two, and have a good idea that he's going to lay this out in the manner described. With the Palin ship rising high on the right (meaning she's untouchable) and sinking slowly in the middle and left, even a medium-sized stinkbomb in this report may put the nail in it. Time to see if the fix is in with the Alaska Supremes?

Posted by: drinkof on October 4, 2008 at 11:18 AM | PERMALINK

Alaskans will suffer irreparable harm" if the Branchflower report is released, as scheduled
Yeah, Alaskans will be stuck with the Moose Killa from Wasilla for the rest of her term for sure.

Posted by: Lew Scannon on October 4, 2008 at 11:28 AM | PERMALINK

...in which she's changed her story and pretty clearly lied...

Palin's got that in-group morality thing going where moral principles only apply within her tribe, i.e., other right-wing Christian conservatives.

So when she lies, she is really only lying to the the "outsiders", and in-group members understand and approve of the need to lie.

Bush has been doing the same thing for the past 8 years.

Posted by: Del Capslock on October 4, 2008 at 11:52 AM | PERMALINK

Ridiculous is not the word for her. The soul of a dictator with the conscience of a sociopath; that's Sarah. Thank god for her limited intelligence.

Posted by: karen on October 4, 2008 at 11:56 AM | PERMALINK

... a Democratic candidate for national office in the midst of an ongoing abuse-of-power scandal, in which she's changed her story and pretty clearly lied, would be a fairly big deal.
-----

Fixed.

Posted by: on October 4, 2008 at 12:07 PM | PERMALINK

But one question needs to be asked of Sarah Palin. A question that will surely allow her unfettered response so we may once and for all better know her as a person, candidate and potential one-heart-beat-away VP in the WH:

Sarah, what are your revelations about foreign and domestic policies?

I think that question would be the one to get her to really open up to the American people. -Kevo

Posted by: kevo on October 4, 2008 at 12:11 PM | PERMALINK

Getting revenge on your political and personal enemies. To us, it's a scandal... to them, it's a perk of the job.

Posted by: Jim G on October 4, 2008 at 12:15 PM | PERMALINK

Two points need to be made. Monegan is not only one of the most popular officials in Alaskan history, he was also a "Native Alaskan," I think the first in his position. Given Palin's very poor record on both Native Alaska issues (see the blog Alaska Real for details) and on sexual assault -- in which Alaska has led the nation for 23 of the last 30 years -- which was his specialty, this firing has caused much consternation in Alaska.

Secondly, according to the blog "The Public Record" (I don't know it, and don't know how reliable it is, I am merely reporting what it says) there is an even more powerful story involved in this. The head of the Alaskan Workmen's Compensation Board also heads a company that holds a $12 million dollar contract from the state. Reportedly, after first denying it, she has now admitted that both Palin's told her, in effect, 'See the brother-in-law's workman's comp is cut off, or forget about getting the contract -- for which she wasn't the lowest bidder -- renewed." If this is accurate, this will be a really powerful explosion of the Alaskan Bubble Gum, and McCain is going to wish she'd pulled a Couric at the debates so he'd had a different reason for dropping her.

And remember, the investigation was originally backed, unanimously, by a Legislative Committee of 8 Republicans and 4 Democrats, and was started considerably before the nomination, for those who cry this is an Obama-led 'witchhunt.'

Posted by: Prup (aka Jim Benton) on October 4, 2008 at 12:15 PM | PERMALINK

I also thought they made a HUGE error in not broadcasting the debacle of the sports arena she built in Wasilla to demonstrate what a POOR administrator she is. That should have been the first line of attack.

For anyone not familiar, Palin decided to build a sports arena- half recreational opportunity; half monument to herself in a small town that had no public sewer system. Maybe a sports arena might not have been the first priority but then the town didn't have any long term debt either.

So, Sarah sets to to build this thing and rushes into it without checking on the title to all the property and building on land that was privately owned. This began 10 years of litigation that is only now being resolved and added 30% to the costs in legal expenses.

To date, the arena does not operate at a break even point and has to be subsidized by the town of Wasilla causing them to have to cut back on other services. AND they've got a huge long-term debt for a town that small.

I read this on the Mudflats blog and it's so significant and central to the job performance of a politician with such a thin resumé that it astounds me every voting American doesn't know that.

Posted by: rainey on October 4, 2008 at 1:01 PM | PERMALINK

Perhaps the investigator can look at a compendium of 'Far Side' cartoons for evidence.

From the beginning the Palin saga has been a deep well of ridiculousness and irony.

McCain said that the people would do the vetting. We are and they do not like it in the least!

Posted by: lou on October 4, 2008 at 1:33 PM | PERMALINK

Why is Liberty Legal Institute involved in Troopergate investigation?

It strikes me as very odd that Liberty Legal Institute filed the suit to stop the Alaska Legislature's investigation of "Troopergate". Liberty Legal Institute is a religious free speech legal organization, a 501(c)(3) nonprofit. This is their mission statement:

"Mission Statement

"To achieve expanded religious freedom and family autonomy through litigation and education designed to limit the government's power, increase the religious rights of citizens and promote parental rights."

They also say:

"About Liberty Legal Institute

"Liberty Legal Institute (LLI) is a 501(c)(3) organization that was founded in 1997 to protect religious freedoms and First Amendment rights for individuals, groups and churches. LLI offers its assistance pro bono to ensure all individuals and groups can thrive without the fear of governments restricting their freedoms.

"Liberty Legal consists of staff attorneys and a network of over 120 dedicated litigators committed to successfully battling in the courts for:

* Religious freedoms
* Student's rights
* Parental rights
* The definition of family

"These litigators donate their professional expertise and time to fight for these sacred freedoms. Liberty Legal Institute is headquartered in Plano, Texas with affiliate offices located in Dallas, Houston, Austin, Fort Worth, Midland and Lubbock."

What does this have to do with Troopergate? This case stands out like a sore thumb in the list of cases they have been involved in. Just wondering....

Posted by: Withfeeling on October 4, 2008 at 1:48 PM | PERMALINK

karen wrote:
Ridiculous is not the word for her. The soul of a dictator with the conscience of a sociopath; that's Sarah.

Well, yeah, she's despicable, but she winked at me! And some part of me straightened up and took notice, as little starbursts covered the TV screen.

(h/t to Rich Lowry for his comedic genius, may we always remember it)

Posted by: josef on October 4, 2008 at 2:26 PM | PERMALINK




 

 
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