An independent investigator hired by the Alaska Personnel Board has determined that state prosecutor Steve Branchflower miscontrued evidence and applied the wrong state laws to determine that Sarah Palin abused her office by firing Public Safety Commissioner Walt Monegan.
The report provides vindication for Sarah Palin who had claimed that Branchflower's investigation had been motivated by partisan politics.
The board decided to release the normally secret findings after Palin waived her privacy rights. According to Fox News the board released the findings as a matter of public interest due to Palin's status as John McCain's running mate in tomorrows election.
The first investigation found that Palin violated no laws and was within her right to dismiss the state employee yet Branchflower spun it in a way to make it appear that Palin abused her position as governor. The media was glad to run with the abuse of power angle as noted here on Newsbusters.
The Anchorage Daily News released the findings by special investigator Timothy Petumenos.
The report, released at a Monday afternoon press conference at the Hotel Captain Cook, presents the findings and recommendations of Anchorage lawyer Timothy Petumenos, hired as independent counsel for the Personnel Board to examine several complaints against Palin.
Petumenos wrote the Legislature's special counsel, former state prosecutor Steve Branchflower, used the wrong state law as the basis for his conclusions and also misconstrued the evidence.
His findings and recommendations include:
- There is no cause to believe Palin violated the state ethics law in deciding to dismiss Monegan as public safety commissioner.
- There is no cause to believe Palin violated the state ethics law in connection with Wooten.
- There is no cause to believe any other state official violated the ethics act.
- There's no basis to conduct a hearing to "address reputational harm," as requested by Monegan.
- The state needs to address the issue of using private e-mails for government work and to examine how records are kept in the governor's office. Palin used her Yahoo e-mail account for state business until it was hacked.
We'll see if the mainstream media follows up on this report with the same sort of vigor as they did with the tabloid style headlines that painted Sarah Palin as guilty in the first investigation. I'm not holding my breath.
Update: Sarah Palin's attorney has released a statement:
"Governor Palin is pleased that the independent investigator for the Personnel Board has concluded that she acted properly in the reassignment of Public Safety Commissioner Walt Monegan. The Governor is grateful that this investigation has provided a fair and impartial review of this matter and upholds the Governor's ability to take measures when necessary to ensure that Alaskans have the best possible team working to serve them.
"Additionally, Mr. Petumenos determined that the Branchflower report's findings that Governor Palin abused her power had no legal basis and that Governor Palin did not violate the Ethics Act as Mr. Branchflower incorrectly asserted."
Terry Trippany is the publisher of Webloggin and holds the post as The Watcher at Watcher of Weasels. The image accompanying this article was created by Trippany.
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Within the first few days of the Palin administration
November 3, 2008 - 22:29 ET by Josh SNNone of you doubt that Todd Palin had an hour long meeting with Monegan with only one topic, Trooper Wooten, right?
And that Todd hander Walker pictures of a dead moose. Everyone knows Trooper Wooten shot the moose without a license.
How do we know this? Because Sarah Palin's sister was standing right next to him when he killed it. And we know because Sarah Palin's dad was the guy who butchered the dead moose.
Todd Palin wanted to get Trooper Wooten in trouble, but he didn't want any problems for Sarah's dad or Sarah's sister, but of whom were accomplices.
These folks have such a amateurish view of the law.
Remember, they waited for years to tell the cops about Trooper Wooten shooting the moose, they waited until after the divorce.
Pa-thet-ic.
You know somthing Josh...
November 3, 2008 - 22:31 ET by MightyMouthI looked up "dipshit" and your name was at the top of the list. Why is that?
"There are two types of people in this country; those who provide freedom and those who enjoy it." MM says...
Is November 1st
November 4, 2008 - 11:01 ET by Uphillthe opening day for troll (Josh) season? And do I need license?
the opening day for
November 4, 2008 - 17:15 ET by Dan The Man 2the opening day for troll season - Yes Blonde takes care of the license. There is no limit but there is a size requirement.
Nuke em til they glow then shoot em in the dark.
damn Josh I cant keep up
November 3, 2008 - 22:35 ET by dark_dsdamn Josh I cant keep up with you .. you jump around so nimbly ....you are still acting like an ass, i dont know how I can help you my brother
"...you are still acting
November 4, 2008 - 08:50 ET by HelenS"...you are still acting like an ass..."
Maybe he's not acting?!
"Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God." - Paul (Rom. 13:1)
Josh! When did you get
November 3, 2008 - 23:14 ET by HockeyKidJosh! When did you get back from Alaska? It's nice to know you're out there getting the facts first-hand.
Now tell us about 0bama's illegal fundraising, eh? I'm sure you'll find his view of the law to be much less, as you say, "amateurish".
We are lucky that we have
November 3, 2008 - 23:36 ET by ckc1227We are lucky that we have folks like Josh looking out for us, aren't we? I'm sure he has conducted the investigation first hand, and is sharing the true facts as they really happened. And, being a liberal, we all know there is no embellishing, no leaving out facts, and absolutely NO lying. If it weren't for folks like Josh, we'd never get the REAL truth on these issues.
Obama's Economic plan: more taxes, more spending, more regulation. Prosperity here we come.
Dead moose vs tasering of a child
November 4, 2008 - 02:40 ET by Hawaiian JoeJust like the MSM, Josh doesn't mention Trooper Wooten tasering his stepson. Typical liberal, more worried about animals rights than human rights.
On your way back from Alaska Josh
November 4, 2008 - 10:41 ET by IamTinmanOn your way back from Alaska Josh, could you make a little side trip to Hawaii and pick up a real copy of Baracks birth certificate? Or maybe head for Indonesia and make sure Barack wasn't adopted by his foster father because you see, Indonesia doesn't allow dual citizenship.
Then try to figure out how a mediocre student with no money like Obama managed to get into two Ivy league colleges including Harvard Law, one of the most difficult schools in the world to get into.
Give it up bud, the verdict is in and you don't have the evidence to keep beating that dead horse with. 4 years from now you may get another shot!
Only idiots focus on
November 4, 2008 - 13:44 ET by NL207Only idiots focus on non-issues like this Palin-trooper thing.
The real issues are huge.
But folks like you focus on this stupid trooper thing. Why? Because your guy is on the wrong side of every one of the issues listed above. You've got nothing else to talk about except this trivia.
Only idiots focus on
November 4, 2008 - 17:21 ET by Dan The Man 2Only idiots focus on non-issues like this Palin-trooper thing - NL207 it is an issue, it determines character. And we should examine all the little things so we can determine a canditates character. Only they poo poo their character issues and we hold them out for all to see.
Nuke em til they glow then shoot em in the dark.
Can we now release the term
November 3, 2008 - 23:16 ET by HockeyKidCan we now release the term "Troopergate" to its original reference to Bill Clinton's use of Arkansas state troopers to procure women for his use? Thanks. Wouldn't want ol' Willie to get sold short.
»→ Troopergate
November 4, 2008 - 03:56 ET by Cool ArrowWouldn't want ol' Willie to get sold short.
Paula Jones sold him as Wee Willie (also crooked)
For the record on Gov. Palin
November 3, 2008 - 23:19 ET by Lame CherryFor the record as was testified to:
Todd Palin was asked by the chief of Alaskan security about any security matters when Gov. Palin started her Administration.
He informed the chief of the death threats which had been issued.
At that point, the chief according to protocol sent Todd Palin to Monegan as that was what was always done by the chief who has served decades in his capacity.
I have actually read the reports, including the Alaskan State Police files on all of this.
The finding states it all that Gov. Palin did nothing incorrect.
For the people who are being small in this, I hope when your time comes in life that a crazy person is threatening you that you have a sister like Sarah Palin standing by you. In that moment when she is doing all of that and you understand the trauma, I hope God convicts you in your heart for all the low things you have said about Gov. Palin.
God bless Gov. Palin and her family.
agtG
*HIC IACET ARTORIVS REX QVONDAM REXQVE FVTVRVS
Finally!
November 3, 2008 - 23:28 ET by Secret ConservativeGlad to see the end of this non-scandal! Of course, we won't see it in the MSM.
Sarah Palin said from the beginning that she consulted with the Personnel Board from the start about her issues with Monegan. They helped guide her actions and were aware of them from Day 1. She did what any prudent executive would do. Todd Palin did what any concerned family member would do.
So why won't the MSM do what they are being PAID to do and report this???
Of course, we won't see it
November 4, 2008 - 07:38 ET by JasonCOf course, we won't see it in the MSM.
Actually, I learned about this from the NY Times before I read it here. Before invoking that beloved phrase, you might actually check to see if the "old media" has in fact reported the issue at hand, or even, God forbid, beaten NB to the punch.
Who would have dreamed that when socialism came to the U.S.A.
it would be brought not by Bolsheviks in blue jeans but Wall Street
bankers in Gucci loafers?
NYT Contrived coverage
November 4, 2008 - 08:06 ET by Terry TrippanyAnd spinning it as so:
Yet a few sentences later they report the following:
This is laughable; a perfect example of the New York Times contrived sort of journalism.
It's not surprising that the New York Times would report on the conclusions so they could put their own "special touch" on it.
Apparently Jason just
November 4, 2008 - 09:09 ET by Hunter12Apparently Jason just skimmed the headline and didn't bother to read the article. "No news I care about there." I noticed he moved on without a reply.
Anyone doubt that we will hear comments in future like, "When she was governor she had a decorated officer of the Alaskan State Police thrown off the force after he divorced her sister."
"An appeaser is one who feeds a crocodile, hoping it will eat him last." - Sir Winston Churchill
I've heard
November 4, 2008 - 00:53 ET by Chaitealovermore than one MSM spinmeister describe this finding as "the investigators said Gov Palin didn't break any ethics laws when she had her ex-brother-in-law fired."
Chai
“The beauty of our system isn’t that we have the right to vote. No, the nice thing is that people who are too dumb or lazy or uninformed to bother casting a ballot aren’t compelled to vote.” —Burt Prelutsky
Hey Katie
November 4, 2008 - 02:30 ET by owlpelletsBarack: Hey Katie....Is that a bug up your butt or are you just happy to see me?
Don't blame me....I voted for Palin...
Will this be on page 1?
November 4, 2008 - 07:32 ET by Blogger Guy00001The media has an obligation to broadcast this immediately! Today! After months of trying to trash Palin with lies, they need to tell everyone this fact!
Of course they won't, and that's why I will never give any credibility to the mainstream media. They are completely irresponsible.
It was a hatchet job, pure and simple
November 4, 2008 - 07:56 ET by soosanAny repudiation by the media is too little too late. These kinds of tactics by the left will do nothing to convince me join hands with them. They make me sick. (So does that Josh troll)
One was biased one wasn't
November 4, 2008 - 08:12 ET by NCguyI don't care about this issue either way, but you have to acknowlege, that the first report showing she DID violate ethics rules was from a non-partisan committee. The second report was from a Palin hand selected board.
I call it like I see it. It should be suspect regardless of her political affiliation.
Facts only please
November 4, 2008 - 08:28 ET by jgarciaGood Morning, can you explain to me how one side was biased and the other side wasn't? I would be very interested in your view, since you don't seem to care either way but felt the need to add/write a bit on your view of "hand selected" board!
I think GM understands the
November 4, 2008 - 09:28 ET by Hunter12I think NCGuy understands the power the mayor of Wasilla would have over the Govenor. Sarah Pallin obviously knew she'd have to have her own people in place in 2008 to whitewash this scandal and told the govenor who to appoint. Murkowski went along out of fear of what might happen to him when she became VP. We need this kind of foresight in DC, the ability to look six to eight years* into the future and have your own people in place when the time comes.
* Six year term, she's reappointed one, probably means one of the three person board's term expires every two years, so the re-appointed person was selected six to eight years ago by Murkowski.
From the LA Times:
The personnel board consists of three appointees, all of whom were originally appointed by former Republican Gov. Frank Murkowski. Palin has since reappointed one of them. The members serve six-year terms and can be fired only for cause.
In a sharply worded rebuke, the new report from independent investigator Timothy J. Petumenos accused the investigator for the state Legislative Council of using the wrong statute to evaluate Palin's conduct, misconstruing the available evidence and failing to obtain all the "material" evidence needed to "properly" evaluate the case.
"There is no probable cause to believe that Gov. Palin violated the Alaska Executive Ethics Act by making the decision to dismiss . . . Monegan," concluded the new investigation, with which Palin cooperated fully. She had refused to cooperate with the earlier probe once she was chosen as Republican John McCain's running mate, saying it was biased.
The Legislative Council's investigator, attorney Stephen Branchflower, found that Palin violated the ethics statute's prohibition against using her office to advance a personal interest when she failed to stop her husband from pushing Monegan to fire Wooten. Branchflower also documented a number of other contacts between administration employees and Monegan in which they were said to have urged Wooten's ouster.
But Petumenos, an Anchorage trial lawyer who is a registered Democrat, concluded that Branchflower had incorrectly interpreted what constituted a "personal" interest and said Palin and her husband were within their rights to express "personal frustrations" over Wooten's conduct in the context of discussing public policy.
"To suggest that a public official cannot engage in discourse or express disagreement regarding matters of policy would be wholly inconsistent with their role in government," the report says.
Further, it says, Palin testified under oath that she was unaware of her husband's contacts with Monegan over Wooten in early 2007. In any case, it said, the ethics law does not require Palin to police the behavior of her husband or other parties.
The report says there was ample evidence in the form of e-mails and sworn testimony from other administration employees to document Palin's assertion that she fired Monegan not because of Wooten but because he was attempting to contravene her efforts to reduce the size of the state budget.
The report did criticize Palin's use of a private e-mail account and subsequent apparent deletion of many older e-mails.
"Independent counsel cannot say that any e-mails were destroyed that were pertinent to this inquiry. Neither can it be said that they were not," the report says.
Palin said in a statement released by her campaign that she is "pleased" the inquiry concluded she "acted properly" in the Monegan case.
"The governor is grateful that this investigation has provided a fair and impartial review of this matter, and upholds the governor's ability to take measures when necessary to ensure that Alaskans have the best possible team working to serve them," said the statement released by her campaign.
"An appeaser is one who feeds a crocodile, hoping it will eat him last." - Sir Winston Churchill
I don't care about this
November 4, 2008 - 13:32 ET by Jack Bauer#1. Well that's obviously a lie straight off the bat. Why would you comment if you didn't care?
#2."Additionally, Mr. Petumenos determined that the Branchflower report's findings that Governor Palin abused her power had no legal basis and that Governor Palin did not violate the Ethics Act as Mr. Branchflower incorrectly asserted."
Mr Petumenos is a well-known DEMOCRAT.
Don't confuse the Obama followers
November 4, 2008 - 09:41 ET by katiejanethey've received their instructions from the Chosen One and facts are inconsequential.
Exonerated
November 4, 2008 - 11:26 ET by wiwfLike she should be! Congrats Sarah! :)
The Rocky Mountain Collegian: Illustrating Idiocy
palin an Icon?
November 5, 2008 - 12:55 ET by chelseabitesI'm amazed by the incredible amount of public interest in Sarah Palin. Good or bad, she's become somewhat of a pop icon. People are dressing like her to be and/or mock her all at the same time.
For instance, I found this video on dressing like Palin:
http://www.mindbites.com/lesson/668-how-to-dress-like-sarah-palin