Alaskan Senator lays media trap for Palin

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As I noted in my post, Trooper’gate: New charges, new battlefield, Palin filed an ethics disclosure with the proper Alaskan authorities on Sept 1st.

(For links to articles and documents INRE most the below comments,
please read the linked post, so I don’t have to repeat them…)

Additionally, there was a second ethics charge to be filed from PSEA’s John Cyr out of Wasilla INRE the leaking of Mike Wooten’s medial records. Cyr is the executive director of the Public Safety Employees Association…. that would be the union that represents the Alaska State Troopers. The same union, I might add, that was responsible for getting Grimes to issue a reduced suspension of Wooten after being investigated for his abuse of authority.

They are accusing Palin and her office to have had unauthorized acccess to Wooten’s medical files and employment data. And Cyr accuses Palin of dogging the AST ever since she took office.

“This administration has had a full on attack against the Department of Public Safety and the Alaska State Troopers,” Cyr said. “I think Trooper Wooten has been demonized and the governor has used her bully pulpit to hurt Trooper Wooten.”

However the man central to the medical records charge is Frank Bailey – a man who is already on record, under oath, stating he took no action at the direction of Gov. Palin.

Van Flein interviewed Bailey Aug. 28 based on Palin’s complaint.

In the interview, Van Flein said, “There’s an allegation that you improperly accessed confidential personnel files or confidential worker’s compensation files pertaining to Mr.Wooten. Can you tell me if there’s any truth to that?”

“There is no truth to that,” Bailey responded.

The governor’s attorney then asked, “You weren’t doing it because the Department of Administration had asked you to?”

“That is correct,” Bailey said.

Bailey went on to say that he agreed that he overstepped his boundaries.

So how did Bailey have so much information about Trooper Wooten?

“He did not say he had any information other than it was hearsay,” Van Flein said. “You have to put this into context that there was a divorce where much of this information was disclosed and was part of a court proceeding.”

Considering that Bailey states Palin did not instruct him to intervene, then combine that with Wooten’s own waiver in the divorce settlement, authorizing the release of his personnel file, “including but not limited to any and all disciplinary actions and or complaints, and personnel records and actual shift and date worked records.”… it’s a long shot to try and pin the medical records charges on Palin herself. Yet the AST union’s persistence in going after Palin, and not focusing on Bailey, indicates the rift between the two.

Palin’s own Ethics Disclosure was to move the investigation of ethics violations out of the control of Sen. Hollis French, and into the proper legal venue for reviewing ethics charges, per Alaska law. This is done by a three man Personnel Board, who investigates the charges first for probable cause. Under normal circumstances, this “grand jury” type or pre’investigation is kept confidential. However in Palin’s Ethics Disclosure, she waived all rights to confidentiality, and welcomed open scrutiny.

Since Palin’s Ethics Disclosure only dealt with the charge of Public Safety Commission Walt Monegan’s termination, the second ethics charge, filed by Cyr, now addresses those charges. And both these filed complaints triggered the Board’s jurisdiction as legal procedure for the investigation of these charges – and per Alaskan law, they are the only legal authority endowed with that power.

Palin’s attorney told French Palin would cooperate – in the proper venue (see his letter to Branchwater, Aug 31st in previous post linked above). Within 24 hours, Frank Bailey – the man at the center of the medical records charge – also obtained a lawyer when he learned Palin was moving the investigation to the more unbiased and neutral Personnel Board. He too will cooperate… but in the proper venue.

To dissuade the expected charge of loading the Board with Palin devotees, you need to know the Board members are three appointees by Palin’s predecessor, Murkowski.

Sen. French told Palin’s Anchorage attorney, Thomas Van Flein, that he intended to not only continue his legislative investigation, but would convene the Judicial Committee and issue supoenas to get the interviews with those who do not cooperate.

Caught up now? Good. Because French is going to be true to his word.

Alaska state legislators are preparing to issue subpoenas as part of an investigation into Gov. Sarah Palin’s handling of the “troopergate” affair, but Palin herself won’t be hit with one.

State Sen. Hollis French, the Anchorage Democrat who is managing the probe into Palin’s firing of her former public safety commissioner, said legislators decided not to subpoena Palin as a gesture to calm what has become a tense standoff between the Legislature and the newly minted Republican vice presidential nominee.

“We’re trying to de-escalate the situation. We just want the truth, clear the air,” French said.

However, legislators still want their investigator to interview Palin.

The Alaskan legislators are telling the media they want to move up the investigation results from the original Oct 31st schedule release to Oct 10th. Yet they already know they will experience delays for supoenas, and that this is most likely an unattainable goal.

French and crew are countering their obvious appearance of political game playing…. releasing what French has already told the media that the investigation could be “damaging”, and at worst case, result in impeachment proceedings. French, an Obama supporter, can’t help but miss the benefit to the DNC ticket by trashing Palin in the days or weeks prior to the election.

So here we are – the legislators saying all the right and reasoned words. They suggest to the world they are just seeking “the truth,” and they don’t want it to affect the election. Yet their original release date, combined with French’s public pre’judgement of Palin as guilty belie their stated intents today.

This is, IMHO, nothing more than a set up… a media trap carefully set for Sarah Palin. French is going to present himself and his investigation as the high moral road. Since he already knows that Palin and others French is investigating are planning on cooperating with the Board, and refused the legislative interviews, he laying the groundwork to accuse Palin and others in her administration of a cover up.

Expect headlines when supoenas are issued, and fought, that insinuate Palin and others are uncooperative because they are trying to hide something.

The already proven biased media, salivating with the tidbits and hints of Palin scandals, will not cast light on the legal procedure of the Board, per Alaskan law. Instead, they will dutifully fuel the suggestion of uncooperation, and provide French with a megaphone to spread the mistruths.

In the meantime, according to an article in today’s Telegraph, Obama’s campaign has been in touch with Wooten.

Barack Obama’s campaign has been in touch with Mr Wooten, according to CNN which interviewed him on Friday night. The trooper acknowledged making mistakes but said he had been punished and learned from them. He said he did not wish his former in-laws “any ill-will” and described the governor’s nomination as “wonderful” for Alaska.

Interesting… why? Are they waiting for a good moment to bring him into the official campaign talking points? Then again, it can be said that Wooten, compared to Ayers, Khalid and a host of other nefarious Obama associations, looks pure as the driven snow.

Yes.. this is speculation and a prediction on my part. But I believe I will be proven correct.

In fact, Andrew Halcro’s blog also reported the news of the supoenas. Yesterday, a 6:40pm Pacific time, and 5:40 Alaskan time, I posted the below comment to Halcro’s blog.

~~~

It’s a set up for tomorrow’s news

Submitted by MataHarley (not verified) on Fri, 2008-09-05 16:36.

Nice try. But this is nothing more than a set up to complain to the press in the future about Bailey and Palin “uncooperation”.

The ethics complaints should be run thru the Personnel Board, and since two complaints have already been lodged, that priority jurisdiction is in play. Never would have happened if French hadn’t run around with a pre’determined “guilty” and “impeach” result in the media since the inception of his witch hunt. Had he not played his hand he was running a biased, secretative “investigation”, cooperation would have been readily at hand.

Instead, Palin did what anyone would do. Look for the neutral venue. By Alaskan law, it lies in the Personnel Board, manned by Murkowski appointees (save English, who was re’appointed).

This is a media game. French refuses to acquiesce to the higher legal authority of the Board. Bailey and Palin will refuse to play his game and cooperate with the Board. French will cry foul. He only needs to muddy the waters until November.

But the game is obvious. And I say “foul”. And if you’re in doubt, check your handbook to the Alaskan Constitution, and the delegates’ expressed concern about “legislative investigations” when laying out Constitutional rules about “due process”. Hint… Article I, Section 7, and pg 33 of the PDF.

~~~

My comment went into moderation…. and has not been posted since. I’ll certainly keep my eyes open to see if Mr. Halcro posts a dissenting position. But I won’t be holding my breath.

Below, the screen shots of my comment going into moderation to document my post attempt.

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I have commented on Andrew’s blog, actually suggesting he “get out of the mud,” and he allowed it. For what it is worth, he will publish your comment, in my opinion.

So the question i have to ask is how many of the lawyers Obama sent to Alaska are working with French to keep this muddied and alive? French wouldn’t be playing this hard on his own, the backlash form voters in Anchorage could remove him from office pretty quick.

MaraHarley, it was not instantaneous nor was it greater than over night. I do not know Andrew but since I live in AK I am keenly aware that he does have a life (and a wife whom he has written or spoken of recently that has urged him to spend less time with the CPU).

While I have your attn: Have you seen the response from the “traditionalist” far right to Palin? I always thought the left/right deal was linear, but in reality it is a circle. The far right is as noxious as the left, but more subtle. Maybe I just don’t get out enough.

The comment is up, as well as 29 other ones. His Mrs. might have had a friend over and given him an opportunity to disappear to den.

ric

Isn’t there something we can do? Can we write to the individual legislators and tell them how petty this is all sounding? Or can we write to that Personnel Board and ask them to please make a decision on this ASAP? Are the Republicans in the Legislature (I heard it is Republican controlled) doing this to get back at Palin because she exposed the corruption of the Republicans? Why wouldn’t they exert their power and influence and just make the thing go away if they want to see a Republican ticket in the White House.

Sorry for all the questions guys but I’m a new Republican as my Democratic Party left me so I left them.

Somewhere…I’ll have to find it again…I ran across a discussion of this that indicated that French had clearly overstepped his bounds in what he had revealed and was at risk legally. Don’t remember the ups and downs. If I find it, I’ll post it. qando???

Good stuff, MataHarley.
I’m learning a lot. Some of it practical. I work for the state here in Juneau. I thought it sounded like French was conducting a witch hunt.

What don’t you call Halcro’s radio show? He’s on from what should be 5:00 – 8:00 PM ET on KENI 650 AM. There’s a live web cam available here (along with the live audio feed). I assume this is the same Andrew Halcro.