Palin denies abuse of power

by dunkelberg | October 11, 2008 at 07:21 am | 344 views | 16 comments | 78 recommendations

GOP vice presidential nominee denies she abused power and claims the special state investigator's report actually clears her in the Troopergate affair.

"If you read the report, you will see that there was nothing unlawful or unethical about replacing a cabinet member," Palin said as boarded her campaign bus in Pittsburgh, Pennsylvania. "You got to read the report."

The McCain-Palin campaign has charged the investigation has been hijacked by presidential politics.

The report does say Palin was within her rights to fire former Public Safety Commissioner Walt Monegan.  However, the report said Palin's abuse of power stemmed from attempts by Palin, her husband Todd and gubernatorial staff members to get the governor's former brother-in-law, State Trooper Michael Wooten, fired.

Special Investigator Steve Branchflower said Palin violated the state executive ethics law, as she did not stop and even participated in the campaign to have Wooten fired.  The violation, the report states, concerned using executive power for personal reasons.

Palin left it to attorneys for her and her husband to address details.

"Put bluntly, " the reply says, "Branchflower completely misapplied the Ethics Act and has instead sought to create a headline to smear the governor."

Palin's attorneys said the state law in question covers using the office for monetary gain.

"Branchflower is dead wrong on the law," the attorneys statement reads, "and demonstrates a complete lack of understanding of the Ethics Act.

"The Ethics Act addresses financial conflicts of interest."

Branchflower quoted the law in question in his report:

"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."
Alaska Statute 39.52.110(a) of the Alaska Executive Branch Ethics Act.

The attorneys also charge that Branchflower's charge was limited to whether Monegan was fired legally, which the report said he was. 

"Because the decision regarding Monegan was 'proper and lawful' nothing relating to this action can be deemed unethical," the attorneys say.  "One cannot on the one hand act properly and lawfully and then be condemned for an ethics act violation."

Palin's lawyers also repeat their assertion that only the state personnel board has jurisdiction in this matter.  They protest the procedures used, and challenge Branchflower's authority to make any conclusion.

Palin originally had said she would cooperate with the investigation, but changed her stand once she was picked as John McCain's running mate.  The Legislative Council which ordered the probe is a group which acts for the legislature when it is out of session. The council is dominated by the Republican Party and voted unanimously to pursue the investigation.

The 12 of 14 members present Friday voted unanimously to make the Branchflower Report public.  Those included Senator Kim Elton (D), Senator John Cowdery (R), Senator Bettye Davis (D), Senator Lyda Green (R), Senator Lyman Hoffman (D), Senator Gary Stevens (R), Rep. Nancy Dahlstrom (R), Rep. John Harris (R), Rep. John Coghill (R), Rep Stoltze (R), Rep. Peggy Wilson (R), Rep. David Guttenberg (D).

The Legislative Council hired Branchflower in August to investigate whether Palin or members of her administration abused their powers in pushing for Wooten's firing, and whether their efforts resulted in Monegan losing his job.

Wooten was involved in a nasty divorce with Palin's sister, Molly. The divorce was finalized in 2006 but custody and other issues over their children continue.

The Palins contend Wooten was a bad cop who threatened to kill Chuck Heath, the governor's father, and a bad person who Tasered his stepson, drove his patrol car after drinking, and claimed a workers' comp disability when he was capable of working. Todd Palin repeatedly told people that he and his wife considered Wooten a threat to his family. Wooten was suspended for five days in 2006, before Palin became governor, as a result of a trooper investigation into his behavior.

Branchflower, however, wrote that he doesn't believe the Palins were truly afraid of Wooten.

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

Shortly after Palin was elected in November 2006, she and her husband met with Gary Wheeler, a state trooper assigned to protect the governor. Wheeler asked the Palins if they were afraid of anyone. "I got a negative response, meaning that there -- they basically said no," Wheeler told the investigator.

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.

Palin's attorneys bristled at that finding.

"Branchflower was never tased by Wooten, was never threatened with death by a 'f----- lead bullet',"  the attorneys say.  "never had his teenage daughter verbally assaulted by Wooten, and was never bullied and intimidated by Wooten.,

"For Branchflower to claim the Palins have no objective apprehension of Wooten is false, misleading and just plain misguided,"  they charge.  "He is in no positionn to udge how the Palins subjectively felt about Wooten."

The statement does not address the reduction in force of the security detail mentioned in the report.

The Legislative Council hired Branchflower in August to investigate whether Palin or members of her administration abused their powers in pushing for Wooten's firing, and whether their efforts resulted in Monegan losing his job.

Wooten was involved in a nasty divorce with Palin's sister, Molly. The divorce was finalized in 2006 but custody and other issues over their children continue.

The Palins contend Wooten was a bad cop who threatened to kill Chuck Heath, the governor's father, and a bad person who Tasered his stepson, drove his patrol car after drinking, and claimed a workers' comp disability when he was capable of working. Todd Palin repeatedly told people that he and his wife considered Wooten a threat to his family. Wooten was suspended for five days in 2006, before Palin became governor, as a result of a trooper investigation into his behavior.

Branchflower, however, wrote that he doesn't believe the Palins were truly afraid of Wooten.

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

Shortly after Palin was elected in November 2006, she and her husband met with Gary Wheeler, a state trooper assigned to protect the governor. Wheeler asked the Palins if they were afraid of anyone. "I got a negative response, meaning that there -- they basically said no," Wheeler told the investigator.



PDF copy of the Palin family attorneys' statement

PDF copy of the Branchflower Report

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Rachel Nixon
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Rachel Nixon
flagged this story as Good Stuff

at 07:56 on October 11th, 2008

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

politisite
politisite
flagged this story as Good Stuff

at 08:13 on October 11th, 2008

dunkelberg, I like this story. It's good stuff.  I like the new photo,  When I said something about the old photo... I came out looked at the headlines and you had obviously changed it before I said anything.  All is needed is an AK-47

jordan
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jordan
flagged this story as Good Stuff

at 08:23 on October 11th, 2008

For those just tuning in, here is a quick link to dunk's previous coverage.

Mike Wood
Mike Wood
flagged this story as Good Stuff

at 08:26 on October 11th, 2008

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

Karen Hatter
Karen Hatter
flagged this story as Good Stuff

at 10:12 on October 11th, 2008

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

kaywood
  • news wrangler
kaywood
flagged this story as Good Stuff

at 10:20 on October 11th, 2008

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

LotusFlower
LotusFlower
flagged this story as Good Stuff

at 11:37 on October 11th, 2008

dunkelberg, I like this story. It's good stuff. Its front page here in the UK - the papers are in no doubt that she's been 'found guilty' - what will it mean to the American voter? Here I'm pretty sure that someone in this position would have to resign.

0
Fairbanks

Here I'm pretty sure that someone in this position

No doubt, but here we know the 'charges' are trumped up as political payback for the fact that she cut the State budget 10% and some politicians' oxen got gored.  Guilty of saving the State $400 million.  She was also found to have acted within her rights to dismiss the Director. 

amyjudd
  • super editor
amyjudd
flagged this story as Good Stuff

at 12:55 on October 11th, 2008

dunkelberg, I guess she would say that - perhaps she should just leave it alone however.

duo
duo
flagged this story as Good Stuff

at 13:31 on October 11th, 2008

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

See?  This is how the headlines would probably begin for the next four years - "Palin denies . . ."  We have had those kinds of headlines for years and years now.  It is time for CHANGE!

Mary

integrityforamerica
integrityforamerica
flagged this story as Good Stuff

at 14:17 on October 11th, 2008

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

mchawk
mchawk
flagged this story as Good Stuff

at 14:30 on October 11th, 2008

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

Barbara McPherson
Barbara McPherson
flagged this story as Good Stuff

at 14:40 on October 11th, 2008

dunkelberg, I like this story. It's good stuff.  See if I understand ... It's an ethics problem if it involves money, but not an ethics problem if it's an abuse of power.  Do the people of the USA really want a leader that thinks that.

Luiz Castro
Luiz Castro
flagged this story as Good Stuff

at 15:26 on October 11th, 2008

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

0
integrityforamerica

I am so tired of the Mccain camp claiming this was due to the campaign.  This investigation has been in the works along time, and she was warned that this would happen way before Mccain picked her as a VP.  I just dont understand why she keeps claiming this is political.  She was warned by her close friend and advisor way before her campaign began.

0
master_jim2008

And you expect her to NOT deny it? Expect her to NOT try to lay the blame off on bias democrats?

I agree with integrityforamerica, this investigation was in the works long before she was vetted and that the same results would have come out either way.


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October 11, 2008 at 07:21 am by dunkelberg, 344 views, 16 comments

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