Palin abused power, violated state ethics law - Troopergate investigation

by dunkelberg | October 10, 2008 at 04:32 pm
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Alaska Governor and GOP Vice Presidential candidate Sarah Palin abused her power as governor a state legislative investigation concluded today.

"I find that Governor Sarah Palin abused her power by violating Alaska Statute 39.52.110(a) of the Alaska Executive Branch Ethics Act,"  Special Investigator Steve Branchflower says in his first finding in the report.  That section prohibits using a state office for personal reasons or gain.

The report does find that Palin was within her rights to fire Public Safety Director Walt Monegan.  The violations address pressures put upon him and others prior to the firing.

"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,"  the report reads, 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 statuatory authority to hire and fire executive branch department heads."

However, citing 18 specific incidents, Steve Branchwater lays out a pattern of Palin, her husband Todd and members of the executive office contacting Monegan and others in a campaign trying to get Palin's ex-brother-in-law fired.

"Governor Palin knowingly permitted a situation to continue where impermissible pressure was placed on several subordinates in order to advance a personal agenda,. to wit; to get Trooper Michael Wooten fired.  She had the authority and the power to require Mr. Palin to cease contacting subordinates, but she failed to act,"  the report states.

"Such impermissible and repeated contacts create conflicts of interests for subordinate employees who must choose to either please a superior or run the risk of facing that superior's displeasure and the possible consequences of such displeasure."

Branchflower says he makes no determination about Palin's husband.  Mr. Palin was not a member of the executive branch and his conduct did not fall under the scope of his findings. 

However, Branchflower says he does understand the frustration of the family as it tried to get information about its complaints regarding Wooten.  Their attempts were blocked by privacy statutes covering such investigations.

"I believe their frustration was as real as was their skepticism about whether their complaints were being zealously investigated," the report says.  "The irony is that the complaints were taken very seriously and a thorough investigation was underway.  However, the law prevented the Troopers from giving them any feedback whatsoever."

Branchflower also casts doubts on the Palin family claim that Gov. Sarah Palin's ex brother in law, Trooper Michael Wooten, was a danger to the family.

"Governor Palin has stated publicly that she and her family feared Trooper Wooten," Special Investigator Steve Branchflower writes in his report.  "Yet the evidence presented has been inconsistent with such claims of fear.

In fact, Branchflower says, the head of Palin's security detail reported that shortly after her election, the governor reduced her security details in Anchorage and Juneau.  Branchflower says that is a definite sign she was not in fear of harm from Wooten or anyone else.

"I conclude that such claims of fear were not bona fide," Branchflower writes, "and were offered to provide cover for the Palins' real motivation:  to get Trooper fired for personal family reasons."

After a day-long meeting behind closed doors, Alaska's bipartisan legislative council voted 12-0 to release to the public the Branchwater Report involving Troopergate.

Before the report was released, the campaign of Palin's running mate, Sen. John McCain, denounced the investigation as biased and said that the governor did nothing wrong. The campaign characterized Monegan's firing as a "straightforward personnel decision" that has become "muddied with innuendo, rumor and partisan politics."

At a campaign stop Thursday, Palin told reporters that she has "absolutely nothing to hide" in the investigation.

The governor originally agreed to cooperate with the Legislative Council inquiry, and disclosed in August that her advisers had contacted Department of Public Safety officials nearly two dozen times regarding her ex-brother-in-law.

But when she became Sen. John McCain's running mate, her advisers began painting the investigation as a weapon of Democratic partisans.

Ahead of Friday's hearing, Palin supporters wearing clown costumes and carrying balloons denounced the investigation as a "kangaroo court" and a "three-ring circus" led by supporters of Democratic presidential candidate Barack Obama.

The state senator managing the investigation, Sen. Hollis French, fueled those complaints with a September 2 interview in which he warned the inquiry could yield an "October Surprise" for the GOP.

But Palin's lawyers already had begun pushing for the state Personnel Board to launch its own investigation, calling it the proper legal venue for the matter

Branchflower also concludes the workers compensation claim for Trooper Wooten was handled properly, and that Wooten was entitled to those benefits.

The report sayd the state attorney general's office never turned over emails requested for the invesigation.

"Although I do not assert any bad faith on the part of the Attorney General's offive of the AAG (assistant attorney general) I have been working with, it does seem there has been an unusual delay in material that was requested by me in writing two months ago," the report says.

Branchflower also recommends the legislature look at amending laws to make refine which government agencies can get access to employees' medical records.  He suggests a "reasonable relationship between the request for the records and the purpose for obtaining the records."  Todd Palin managed to get the workers compensation records for his ex brother in law, and the recommendation addresses that.

The report also recommends that the state set up a better feedback system to those who file complaints against peace officers. 

Branchflower says the governor declined an interview.  He says that would have assisted his investigation to better understand her motives and reasons.

PDF of Branchwater Report

Follow-up:  Palin's denial of wrongdoing

PDF of Palin family attorneys' response

recommend This comment thread is now closed
Amy Judd
Amy Judd
flagged this story as Good Stuff

at 16:36 on October 10th, 2008

dunkelberg, interesting...

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Rachel Nixon

dunkelberg, thanks for getting this story out so quickly. It will now show up on the home page for four hours. If new developments justify it, I'll renew this flag for another cycle.

JeffHuang
JeffHuang
flagged this story as Good Stuff

at 16:41 on October 10th, 2008

dunkelberg, I like this story. It's good stuff.

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master_jim2008

It DOES say she abused her power. I wonder what/who else she'll abuse if she gets VP. My first guess is she'd abuse McCain, but being a former POW he's used to it and would probably enjoy it.

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master_jim2008

I love that, "yeah I'm a ho, so what are you going to do about it?" look on Bristol Palin's face.

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Rachel Nixon

master_jim2008 - this comment is inappropriate and does not have anything to do with the story. By the way, I removed the photo you are talking about.

politisite
politisite
flagged this story as Good Stuff

at 17:22 on October 10th, 2008

dunkelberg, I like this story. It's good stuff. Thanks for the report. You can stop calling this troopergate as the findings state that the firing of the trooper was proper and that Palin may have used this situation with her family member as a contributing factor.  Her firing was not inproper.  There is nothing here that would  cause a removal or a criminal case.   The only recommendations are for the legislative branch to make certin changes to the law.  Basically Palin is cleared of any wrong doing accept a overstepping of her power to fire a law enforement officer who has been found grossly negligent in his employment and personal life by tazering his child and commiting child abuse.  One who is a peace officer must keep the highest standards on and off duty. 

Bottom line, not much here that compares with Obama and Acorn, Ayers, Rezko and others.  Sorry Guys.


rahul
rahul
flagged this story as Good Stuff

at 17:05 on October 10th, 2008

dunkelberg, I like this story. It's good stuff.

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Laughing-Samurai

Good post, my friend

0
Rachel Nixon

Members can also see what people in the microblogosphere are saying about this story by using our Scan tool.

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iraqivetwifeforchange

What it says is that the procedure she used to fire him was proper. But it makes clear that the reasoning behind her firing him was partly personal, and that she used her office for personal gain.

Wooten was never found guilty in his personal life of anything. He was charged professionally, and found to have "poor judgement" on one count. All of the rest were dismissed as unfounded. The moose didn't seem to be a problem for Palin who ate it after her dad ground it up, and didn't complain about it until 2 years after it was killed, when the trooper filed for divorce against his wife. It sounds like the same verdict of "poor judgement" McCain received in the Keating 5 scandal.

It also says she must turn over her personal emails, because it showed she used personal emails to conduct government business, and in the pressuring of firing Wooten. There is a seperate investigation going on related to this that may shed some more light on this subject.  It says she overstepped her powers by also allowing her husband to use government offices, her position, and her contacts with state employees, etc, to pressure Monegan to fire Wooten. The judge had to warn Palin and her sister that if they persisted in these bogus claims and caused him to get fired, they would held liable in court.

The investigation was started before she was vetted, and the unanimous decision in this report came from a 10 Republican, 4 Democrat committee. Palin refused to cooperate, so she can't claim that the finding was unfair because they did not get input from her. Her biggest downfall was her own husband. Many of his own typed statements were what sealed the nails in the coffin.  She put her long time friend in the position of Monegan, though days before she fired him, her staff made public statements saying he would become the new Commissioner of Public Safety. This whole budget bologna is just that. If she wanted to cut spending, why this: According to the Legislative Finance Agency in Alaska, the public safety budget in fy09 was cut by .06% from what the governor originally proposed while the governor's own budget increased 22.6% over what she originally proposed.

Documents to support all of this were made public in July, 2008 by the PSEA.

So to sum it up, she lied, she abused her power, and she allowed her husband to use her office in inappropriate conduct of her position. The exact verbage is "she violated the public trust". She is attacking Obama on public trust as we speak, lol. Is this the same as killing someone...no. But she tried to assassinate someone's career and character.

iraqivetwifeforchange
iraqivetwifeforchange
flagged this story as Good Stuff

at 18:45 on October 10th, 2008

dunkelberg, I like this story. It's good stuff. You go, Dunkelberg. Good stuff! And I don't hear anyone saying "kill her!" Imagine that.

Karen Hatter
Karen Hatter
flagged this story as Good Stuff

at 19:31 on October 10th, 2008

Dunkelberg, I like this story. It's good stuff.

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Karen Hatter

Well stated.

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phoenixesrose

Exactly. 

And this wasn't about the "trooper" Wootin - this was about his supervisor - Monegan.  This means that there is more yet to come about how Wootin was let go.

So, Troopergate (yes, that's what it is guys - even if you don't like it politsite) continues, and yet again we see just how dirty ALL politicians hands are.

phoenixesrose
phoenixesrose
flagged this story as Good Stuff

at 21:57 on October 10th, 2008

dunkelberg, I like this story. It's good stuff.

anamika.mis15
anamika.mis15
flagged this story as Good Stuff

at 23:47 on October 10th, 2008

dunkelberg, I like this story. It's good stuff.

Jordan Yerman
Jordan Yerman
flagged this story as Good Stuff

at 07:59 on October 11th, 2008

dunkelberg, I like this story. It's good stuff.

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Jordan Yerman

The saga continues...

Criticom
Criticom
flagged this story as Good Stuff

at 15:15 on October 11th, 2008

dunkelberg, I like this story. It's good stuff.

0
Facts Please

Are you illiterate? What part of "abused power" and "broke ethics laws" didn't you understand in the commission's report????

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