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Governor-Appointed Panel Clears Governor of Wrong-Doing

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The Personnel investigation into the firing of Walt Monegan–the one conducted by three governor appointees (Sarah didn’t hire all of them, but she can fire any of them)–has cleared Sarah Palin of any wrong-doing.

Since this outcome is almost certainly too little too late to help the McCain-Palin ticket, I’ll review the report sometime after we elect a new president. But this explains how the Personnel board came to the contradictory conclusion from what Stephen Branchflower did:

These findings differ from those of the Branchflower Report because Independent Counsel has concluded the wrong statute was used as a basis for the conclusions contained in the Branchflower Report, the Branchflower report misconstrued the available evidence and did not consider or obtain all of the material evidence that is required to properly reach findings.

So the governor’s appointees say Branchflower just answered the wrong question. And didn’t consider all the evidence–which is not surprising, of course, since Palin reneged on her promise to cooperate with the Branchflower investigation and the governor’s office refused to turn over emails clearly relevant to the attempts to fire Monegan. 

Also, the executive summary makes no mention of whether it was appropriate or not for Sarah Palin to allow her husband to use government resources to stalk her ex-brother-in-law.

Todd Wormtongue

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The Branchflower report was clear: Sarah Palin abused her power, in violation of Alaska’s ethics law.

But the Branchflower report was equally clear: since Todd Palin is not a state executive branch employee, Stephen Branchflower had no jurisdiction to consider the appropriateness of Todd’s role in the firing of Walt Monegan. 

The terms of my contract with the Legislative Council establish the framework within which I have been required to conduct my investigation and make my findings. Specifically, the "Statement of Work" provision required me to " …investigate the circumstances and events surrounding the termination of former Public Safety Commissioner Walt Monegan and potential abuses of power and/or improper actions by members of the executive branch." Todd Palin is not an employee of the executive branch, so his conduct is not a violation of AS 39.52.010 – 39.52.965. Given the terms of the contract, I make no finding as to Mr. Palin’s conduct. [my emphasis]

Nevertheless, Branchflower provides evidence of several aspects of Todd Palin’s wrongdoing, without necessarily pursuing that evidence to a conclusion. Branchflower provides at least some evidence in his report that Todd Palin:

  • Lied in the sworn affidavit he submitted to Branchflower
  • Got access to Mike Wooten’s personnel file and/or the results of the Grimes investigation
  • Attended confidential cabinet meetings
  • Stalked Mike Wooten
  • Made the final decision to fire Walt Monegan

Did Todd Palin lie in his affidavit?

Most obviously, Branchflower provides evidence that makes it clear that the claim Todd made in his sworn affidavit–that he didn’t know the outcome of the investigation into Wooten’s behavior–is a lie. In the meeting between Todd and Walt Monegan in early January 2007, for example, Todd made it clear he knew the results of the investigation.

MR. BRANCHFLOWER: And did he tell you what the outcome of that investigation was, and specifically whether or not he was satisfied with it?

MR. MONEGAN: He told me that he just got a few days off, and he didn’t think that was enough. And this guy shouldn’t be a trooper.

[snip]

MR. BRANCHFLOWER: Did he characterize the discipline that had been imposed on Trooper Wooten?

MR. MONEGAN: He didn’t think it was enough. It was more of a slap on the hand or slap on the wrist.

There are abundant examples–citing multiple witnesses–that show that Todd knew the results of the Grimes investigation; but he claims he didn’t know the results. 

Did Todd get access to Mike Wooten’s personnel file?

Read more →

More to Come in Alaska

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TrooperGate is not done in Alaska.

First, Walt Monegan is a little bit tired of being called "rogue" by Sarah Palin.

Gov. Sarah Palin’s former public safety commissioner says the governor smeared him and he wants a hearing to clear his name.

Walt Monegan on Monday asked the state personnel board to allow him a chance to disprove the vice presidential nominee’s assertion he was a "rogue" and insubordinate commissioner. The board is investigating Palin’s July dismissal of Monegan.

"Governor Palin’s public statements accusing Mr. Monegan of serious misconduct were untrue and they have stigmatized his good name, severely damaged — and continue to damage — his reputation, and impaired his ability to pursue future professional employment in law enforcement and related fields," said the hearing request filed by Monegan’s lawyer, Jeff Feldman.

And, at the same time, that same personnel board seems to be using an expansive scope for its investigation of Sarah’s abuses of power.

The state Personnel Board investigation of Gov. Sarah Palin’s firing of Walt Monegan has broadened to include other ethics complaints against the governor and examination of actions by other state employees, according to the independent counsel handling the case.

The investigator, Tim Petumenos, did not say who else is under scrutiny. But in two recent letters describing his inquiry, he cited the consolidation of complaints and the involvement of other officials as a reason for not going along with Palin’s request to make the examination of her activities more public.

Two other ethics complaints involving Palin are known. One, by activist Andree McLeod, alleges that state hiring practices were circumvented for a Palin supporter. The case is not related to Monegan’s firing. The other, by the Public Safety Employees Association, alleges that trooper Mike Wooten’s personnel file was illegally breached by state officials.

John Cyr, the PSEA executive director, said Monday the union plans to amend its complaint to be sure the board investigates "harassment" of Wooten as well.

Petumenos has not spoken to the press, in keeping with the secrecy of the state process. But he gave a rough description of the investigation’s course in two letters to an Anchorage attorney threatening a lawsuit over Palin’s effort to waive confidentiality.

Read more →

Either Todd Palin or Walt Monegan Didn’t Tell the Truth

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Two details of this detailed NYT article on TrooperGate stick out to me (h/t lemondloulou). In this post I’ll look at how Walt Monegan’s testimony contradicts the First Dude’s. Here’s what First Dude had to say in his affidavit.

I was not aware of the Grimes report until July 2008, after Monegan left the government. The DPS never informed me or my wife that Wooten had been disciplined. 

[snip]

Monegan never informed me about the substance of any investigation that had been done.  I was told no details could be released. I assumed nothing had been done or that whatever was done internally must have been a slap on the wrist. Col. Grimes never told me and Monegan never told  me.

[snip]

Not until Wooten released, and then the ADN posted, his personnel records in July 2008 did I learn that there was a completed internal review by Col. Grimes and what was done. (3, 23)

Here’s what Monegan told the NYT (which I assume matches his testimony to Branchflower).

On Jan. 4, 2007, a month into the Palin administration and his tenure as public safety commissioner, Mr. Monegan was called to the governor’s Anchorage office to meet Todd Palin. Mr. Palin was seated at a conference table with three stacks of personnel files. That, Mr. Monegan recalled, was the first time he heard the name Mike Wooten.

“He conveyed to me that he and Sarah did not think the investigation into Wooten had been done well enough and that they were not happy with the punishment,” Mr. Monegan said. “Todd was clearly frustrated.”

That is, not only did Monegan tell Todd the investigation was completed–but he told Todd what the punishment was. (See Halcro for his point on this earlier today.)

There’s a reason Todd repeats the claim that he didn’t learn of the results of the Grimes investigation until after Monegan was fired. Because so long as he can claim he didn’t know the results of the investigation, then he can (sort of) claim to have had a reason to nag Monegan so much–because he still believed it was an outstanding issue.

The question, of course, is whether or not Branchflower has proof that Monegan had already told Todd the results of the investigation. Read more →

Todd’s 52-Page Affidavit

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Looks like someone liberated the 52-page affidavit Todd Palin submitted in TrooperGate today. Unfortunately, it was liberated to the AP, which tends not to be forthcoming with details of liberated documents.

Alaska Gov. Sarah Palin’s husband defended his role as a close adviser to his wife Wednesday but was adamant that he didn’t meddle in her administration to try to settle a family dispute.

[snip]

"I have heard criticism that I am too involved in my wife’s administration," Todd Palin wrote in an affidavit Wednesday that was provided to The Associated Press. "My wife and I are very close. We are each other’s best friend. I have helped her in her career the best I can, and she has helped me."

[snip]

He answered the questions and provided his first detailed views on how the Monegan case was handled. He also expanded on his complaints about his former brother-in-law.

It’d be nice, don’t you think, if the AP had identified whether or not the information in said affidavit was in contradiction with any known facts? Or, at the very least, if the article made it a little more clear why the document got liberated today, when–most observers believe–we’ll have a report in our grubby little hands on Friday?

As it is, all this tells us is that Todd Palin still believes this is a battle over whether or not Mike Wooten is a creep or not–and not whether he, Todd Palin, is a creep for having Monegan fired for following the rules.

McPalin Campaign on TrooperGate: Shut Up! Shut Up! Shut Up! Shut Up!

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Walt Monegan, the guy Sara Palin inappropriately fired, just revealed he has emails proving the McPalin campaign’s latest lie–that Monegan was insubordinately seeking earmarks in DC–was a lie.

Former Public Safety commissioner Walt Monegan said he’s turned over e-mails not yet released that prove he was responsible with the budget and not insubordinate.

Monegan said his e-mails provide a bigger picture because they include messages between other people, including his legislative liaison.

[snip]

Monegan said he often printed out e-mails to read them when he was in transit to Juneau and that’s why he still has them.

The McPalin campaign, realizing they’ve been caught (again) in a lie, responded in a manner worthy of Bill O’Reilly.

A spokesman for Gov. Sarah Palin said Sunday that Monegan is acting in an inappropriate manner.

"The deal is you serve at the pleasure of the governor, and when the governor is no longer pleased, you leave and you’re supposed to walk away quietly," Bill McAllister said in a phone interview. [my emphasis]

"Why didn’t you just let us fire you as part of a personal vendetta and move on?!?!?!? Why does it seem like we no longer have any power over you?!?!?!? Why oh why oh why oh just shut up!?!?!?!"

Nice to see the McPalin campaign is proceeding just as professionally in Alaska as it is in DC.

Sarah Palin’s Evolving Excuses for Firing Walt Monegan

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As each new event plays out in TrooperGate, I can’t help but shake my sense of deja vu: the scandal is so much like the US Attorney purge I feel like I’ve already seen it before.

Today, that sense of deja vu comes from watching Sarah and the McPalin campaign keep changing the reasons they give for why Palin fired Walt Monegan. Andrew Halcro has a detailed chronology, from which I’ve done this summary:

February 29: Palin "really liked" Monegan, except regarding issues pertaining to her former brother-in-law

July 14: "Wanted to change leadership"

July 21: Palin wanted "more of a focus on trooper recruitment and fighting drug and alcohol abuse in rural Alaska" (though she had offered him a job doing just that)

August 13: Monegan wanted too much money for funding (he was fighting to get the funding the Governor had asked for)

September 15: Monegan had a "rogue mentality" (including, specifically, he went to DC without telling Palin in hopes of getting increased funding to fight sexual assault)

Now think of the changing reasons for the firings in the US Attorney purge:

David Iglesias:

  • Referred to as an "up and comer" in 2004
  • Immediately after the firing, DOJ accused Iglesias of being an "absentee landlord" (which would have made the firing illegal, since Iglesias traveled to serve in the Navy Reserve)
  • Later, they claimed Pete Domenici had asked Gonzales to be fired in calls in late 2005 and early 2006 (in fact, Domenici was asking whether Iglesias had the resources he needed
  • The real reason for the firing appears to be twofold: first, that Iglesias wasn’t prosecuting enough voter fraud (though Iglesias was considered a top expert on voter fraud within the department), and second, that Iglesias wouldn’t indict a top Democrat before the 2006 election

John McKay

  • DOJ claimed they fired McKay because he was insubordinate to Paul McNulty in championing a records-sharing system, LiNX
  • Later, they suggested McKay was too negative when trying to find the killer of one of the AUSAs in his office
  • As late as August 2006, McKay was considered for a federal judgeship
  • The real reason for his firing appears to be his unwillingness to push baseless voter fraud cases

Paul Charlton

  • DOJ complained that Charlton fought to tape FBI interviews in child-molestation on reservations (though they had approved a test program for doing so)
  • Gonzales complained that Charlton challenged one death penalty decision

Read more →