Investigation

Judge refuses to block state investigation of Gov. Palin

An Alaska judge has refused to block the state investigation into whether Gov. Sarah Palin abused her power when she fired Public Safety Commissioner Walt Monegan this summer.

Attorneys argued over the proposed temporary restraining order to block the Legislature's investigation on Thursday.

A group of five lawmakers filed the suit hoping to halt Steve Branchflower's investigation which is expected to be completed in eight days.

An attorney for the lawmakers say the constitution requires fair and just treatment which is something he says the governor won't get from an investigation with a perceived bias.

"The Legislative Council is not entitled to throw the constitution and the very statues the Legislature as a whole enacted to the wayside simply because their conducting an investigation," said attorney Kevin Clarkson.

On the other side, defending the Legislative Council is Sen. Hollis French and investigator Steve Banchflower.

Their argument is that the Legislature has the power to investigate and it's up to lawmakers, not the court to determine how the investigation will be handled.

"The question that we should all be considering in this context is this one: ‘If the Legislature doesn't have the ability to oversee the actions of the Executive then who does? Is there anybody in this courtroom who wants to live in a state in which the Executive is accountable only to the Executive?'" said defense attorney Peter Maassen.

Also arguing on behalf of the five lawmakers who brought the suit is an attorney for the Liberty Legal Institute, a group from Texas that describes itself at protectors of religious freedom.

"The two attorneys involved with Liberty Legal are two quality constitution law litigators that I have known in the past from conferences and that I have taught at and they came on my invitation to lend a hand," Clarkson said.

The attorney general's office argued the subpoenas served on seven state workers are invalid.

Anchorage Judge Peter Michalski said in his ruling Thursday that much of what was raised in a lawsuit seeking to halt the probe was business left to the Legislative branch.

Meanwhile investigator Steve Branchflower is still planning on presenting his report to the Legislative Council on Oct. 10.

(Published by KTUU - October 3, 2008)