Investigator wants subpoena for Palin's husband

[kpete]

Source: CNN

September 12, 2008
Investigator wants subpoena for Palin's husband
Posted: 02:34 PM ET

ANCHORAGE, Alaska (CNN) — A special counsel has asked Alaskan lawmakers to subpoena Gov. Sarah Palin's husband and a dozen aides as part of the investigation into Palin's firing of her public safety commissioner.


Read more: http://politicalticker.blogs.cnn.com/2008/09/12/investigator-wants-subpoena-for-palins-husband/

[OhioChick]

1. Good. n/t

[L. Coyote]

20. TPM:

AK Judiciary Committee Votes to Issue Subpoenas in Trooper-Gate, Including for Todd Palin
By Kate Klonick - September 12, 2008, 3:40PM
http://tpmmuckraker.talkingpointsmemo.com/2008/09/ak_judiciary_committee_votes_to_issue_subpoenas_in_trooper-gate.php

The Alaska Senate Judiciary Committee voted today to grant the independent investigator Stephen Branchflower the subpoenas he requested to continue his investigation of Gov. Sarah Palin, including a subpoena for the testimony of the First Gentleman, Todd Palin.

Branchflower requested thirteen subpoenas, including a request for the testimony of the governor's husband because he is "such a central figure" to the Trooper-Gate controversy, he thought "one should be issued for him."...............

[President_Obama]

2. dun dun dunnnn!!!!

[Ichingcarpenter]

3. tick, tick, tick... Since he's not part of the executive branch

this will be legally interesting how she plays this.

[George II]

19. Nor does spousal privilege apply here.

They're hopefully going to ask about HIS involvement, which appears to be pretty deep.

[NewJeffCT]

38. she'll claim it and try to tie it up in the courts

until after the election.

[mikelgb]

4. Just keeps "Palin" in the media

I'm sure she already polls better in terms of name recognition than Joe Biden

[MadrasT]

5. A dozen aides? Wow. n/t

[George II]

21. Yeah, one for each earmark she accepted then turned down.

[Bigleaf]

6. Special Counsel ASKED lawmakers. Will they do the right thing and issue them?

[dennysp]

7. Yaaaayyyy!!!

I've been searching for this news, refreshing the ADN page....thanks for the update!

[TomInTib]

8. The Election will have come and gone by the time anything happens.

That is, if anything happens at all.

[Javaman]

9. They have already stated that they are going to release their report

in the first week of Oct. That was why the repuke lawyers flew up to AK in a tizzy to try and get the investigator kicked off the team.

they are shitting a big one.

[TomInTib]

37. Damn, I didn't know that.

Maybe I should spend less time on the guitar and more time hanging around here.

On second thought....

Nah..

But that release should prove interesting.

[Javaman]

50. The world always needs music, there will never be a short supply of stupid politicians. :) nt

[Frisbee]

39. No biggie...

Just a few more pardons for * to sign on his way out the door.

[pleah]

10. K&R Good!

:)

[Imagevision]

11. Why is Palin's husband being subpoena, we'll tell you after the break...

[RamboLiberal]

12. Investigator seeks to subpoena Todd Palin

Source: MSNBC/AP

ANCHORAGE, Alaska - The investigator looking into whether Alaska Gov. Sarah Palin abused her power in trying to get her former brother-in-law fired is asking state lawmakers for the power to subpoena Palin's husband, Todd.

The probe has taken on new significance since Republican presidential candidate John McCain picked Palin as his running mate.

Retired prosecutor Stephen Branchflower asked the state House and Senate judiciary committees for power to subpoena 13 witnesses, including Todd Palin.

"He's such a central figure. ... I think one should be issued for him," Branchflower said.

The committees were expected to grant the request.


Read more: http://www.msnbc.msn.com/id/26677221/

[livetohike]

13. Now this should open questions as to what the hell does Todd

Palin have to do with his wife's job. I hope. :hi:

[C_U_L8R]

14. First Dude sure can't plead executive privilage

Dude should know sometimes you eat the bear and sometimes the bear eats you.

[kestrel91316]

15. He'll plead the 5th and refuse to testify. Checkmate.

[glinda]

16. +1000 emails?

Didn't a report somewhere say that she emailed him a lot of her emails and the issue was why and if it was legal to be given Governmental emails? He appears to be a control freak. He would be probably more involved with the Administration given his oil ties. Maybe someone should take a look at how weak the wife is?

[Politicalboi]

17. Yup he probably will

Not sure that will work. But I'm sure the other side will get to tell their story and the Moose is Loose.

[grantcart]

18. Alaska Judiciary committe subpoenas Todd Palin and 12 others

http://hosted.ap.org/dynamic/stories/P/PALIN_TROOPERGATE?SITE=OKOKL&SECTION=HOME&TEMPLATE=DEFAULT

[bobd0]

29. Oh, this is gonna' be good.

K&R

[Truth2Tell]

22. Lawmakers vote for subpoenas for Troopergate probe

Source: AP News via TPM

Alaska lawmakers vote to subpoena 13 witnesses, Todd Palin, in Troopergate probe

GENE JOHNSON
AP News

Sep 12, 2008 14:54 EST

Alaska lawmakers have voted to subpoena 13 witnesses, including Gov. Sarah Palin's husband, Todd. It's part of the investigation into whether the Republican vice presidential candidate abused her power in trying to get her former brother-in-law fired.


Said retired prosecutor Stephen Branchflower of Todd Palin: "He's such a central figure. ... I think one should be issued for him."

The Senate Judiciary Committee voted 3-2 for the subpoenas.

Branchflower said he wants to interview Palin herself, but did not ask for a subpoena for her.

Read more: http://talkingpointsmemo.com/news/2008/09/lawmakers_vote_for_subpoenas_f.php

[babylonsister]

23. That was fast. Can the questioning start Monday? nt

[speedoo]

24. Great. But 3-2 is WAYYY too close for comfort.

Issue the subpeonasa ASAP, Mr. Branchflower, before the rethugs put up some kind of block.

[pleah]

25. K&R Oh, there's good news tonight!

:)

[FreakinDJ]

26. Her poor governance has earned her this

They are not backing off for a reason

[Arm Chair Politician]

27. k/r

[katerinasmommy]

28. I sort of feel sorry for the First Dude

He probably can't stand that harpy he married but he's too afraid of her and her family to get a divorce at this point. Now he's got a supoena and he's probably thinking, jesus, I didn't care about this s**t to begin with.

[YDogg]

30. oh, snap!

[DogPoundPup]

31. Todd Palin subpoenaed in firing probe

Source: Znchorage Daily News

The state Senate Judiciary Committee voted 3-2 today to subpoena 13 people -- including the husband of Gov. Sarah Palin -- in an investigation of whether Palin abused her power in trying to get her former brother-in-law fired.

The legislative probe has taken on new significance since Republican presidential candidate John McCain picked Palin as his running mate.

Retired prosecutor Stephen Branchflower asked the state House and Senate judiciary committees for power to subpoena the 13 witnesses, including Todd Palin, the governor's husband.

"He's such a central figure. ... I think one should be issued for him," Branchflower said.

Read more: http://www.adn.com/palin/story/524038.html

[speedoo]

32. Not subpoenaed yet, according to the ADN.

Approved, but not yet issued.

[Skink]

33. Better look in Cheney's Bunker than.

[trthnd4jstc]

34. I hope this subpoena holds more water than the one for Karl Rove.

Yes, it is a different jurisdiction.

[redqueen]

35. Nothing to do with water - with that one they are claiming executive privilege.

Can't do that with Todd as he's not a staff member. If civilians can have the information, there's no basis for even attempting to claim executive privilege.

[Lone_Star_Dem]

51. kick to combine

[Waiting For Everyman]

36. Good! Another step taken.

This story is ugly. It needs airing. And it shows the REAL Sarah Palin... the one who uses her office to persecute people for 3 years without letup.

And nobody made her do it... not satan... not the Dems... that's who she is, all by herself.

[Not a robought]

40. DUUUUUDE!!!!

[Omaha Steve]

41. Alaska lawmakers vote to subpoena Todd Palin

Source: Associated Press

By GENE JOHNSON

ANCHORAGE, Alaska (AP) - The abuse of power investigation against Sarah Palin, Alaska governor and Republican vice presidential candidate, took a potentially ominous turn for her party on Friday when state lawmakers voted to subpoena her husband.

Republican efforts to delay the probe until after the Nov. 4 election were thwarted when GOP State Sen. Charlie Huggins, who represents Palin's hometown of Wasilla, sided with Democrats. "Let's just get the facts on the table," said Huggins, who appeared in camouflage pants to vote during a break from moose hunting.

Thomas Van Flein, the Palins' private attorney now representing her as governor, did not immediately return calls for comment.

The Senate committee acted at the request of investigator Stephen Branchflower, who is gathering evidence on whether Gov. Palin abused her power by firing Walt Monegan, the state's director of public safety. Critics charge she fired Monegan after he refused to dismiss Mike Wooten, a state trooper who had a messy divorce from the governor's sister. Palin says Monegan was let go because of a budget dispute.

Read more: http://apnews.excite.com/article/20080913/D935HAT80.html

[aquart]

42. Having fun, are they?

Is he going to claim executive privilege?

[LiberalFighter]

43. Could they do something else in addition to subpoening him?

[JimDandy]

46. I don't think so. He wasn't in an official position of power,

so he can't be cited for "abuse of power" or corruption. Maybe he could be charged with interfering with official police business (or official homeland security business, if Monegan's public safety department was in charge of that office) :shrug:

That Palin allowed him to insert himself (or authorized his presence)in the Governor's official business is troubling on so many levels.

[williesgirl]

44. This State Sen has a set of balls and ethics for a Republican. rec'd

[InkAddict]

45. Marital priviledge? n/t

Or is that only relevant in criminal cases?

[happyslug]

47. Depends on how Alaska views the privilege

The general rationale behind the privilege is to minimize conflict within the family AND to maximize communications between the spouses. Now, excluding divorce, support and Child Custody cases, where it is clear both spouses have different sides on an issue, most states forbid a spouse to testify and it is a privilege of the spouse whose spouse is going ot testify against him or her NOT the spouse who is to testify.

The problem is some jurisdiction, including the Federal Courts, has taken the view that the privilege is of the spouse testifying NOT the spouse who is being testified against. Thu the need to know what is Alaska law on this subject. It varies that much between the states (And the Federal Rule violates the very heart of the Rule as it developed under the Common Law).

For more on the Federal View on the Subject see:
http://findarticles.com/p/articles/mi_m2194/is_8_72/ai_107930067


Alaska Rule of Evidence, Rule 505 seems to cover this:

Rule 505. Husband-Wife Privileges.

(a) Spousal Immunity.

(1) General Rule. A husband shall not be examined for or against his wife, without his consent, nor a wife for or against her husband, without her consent.

(2) Exceptions. There is no privilege under this subdivision:

(A) In a civil proceeding brought by or on behalf of one spouse against the other spouse; or

(B) In a proceeding to commit or otherwise place a spouse, the property of a spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse; or

(C) In a proceeding brought by or on behalf of a spouse to establish the spouse's competence or

(D) In a proceeding in which one spouse is charged with:

(i) A crime against the person or the property of the other spouse or of a child of either, whether such crime was committed before or during marriage.

(ii) Bigamy, incest, adultery, pimping, or prostitution.

(iii) A crime related to abandonment of a child or nonsupport of a spouse or child.

(iv) A crime prior to the marriage.

(v) A crime involving domestic violence as defined in AS 18.66.990.

(E) In a proceeding involving custody of a child.

(F) Evidence derived from or related to a business relationship involving the spouses.

(b) Confidential Marital Communications.

(1) General Rule. Neither during the marriage nor afterward shall either spouse be examined as to any confidential communications made by one spouse to the other during the marriage, without the consent of the other spouse.

(2) Exceptions. There is no privilege under this subdivision:

(A) If any of the exceptions under subdivision (a) (2) of this rule apply; or

(B) If the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a fraud; or

(C) In a proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether such claim is by testate or intestate succession or by inter vivos transaction; or

(D) In a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made; or

(E) In a proceeding under the Rules of Children's Procedure; or

(F) If the communication was primarily related to and made in the context of a business relationship involving both spouses or the spouses and third parties.

(Added by SCO 364 effective August 1, 1979; amended by SCO 823 effective August 1, 1987; by SCO 1269 effective July 15, 1997; and by SCO 1522 effective October 15, 2003)

Note to SCO 1269: Evidence Rule 505(a) was amended by § 70 ch. 64 SLA 1996. Section 13 of this order is adopted for the sole reason that the legislature has mandated the amendment.

http://www.state.ak.us/courts/ev.htm#505

The exception for cases where a third party was present OR this was a business relationship seems to cover this case OR if this involves an ongoing criminal matter then Rule 505 (20(B).

Please note Rule 505 is a Rule of Evidence Passed either by the State legislature OR the court acting on some power given by the Alaskan Constitution (I suspect State Legislation, but it may be Court issued rule, I do NOT practice in Alaska so I have no first hand knowledge of HOW these rules came about). In either case the Rules must still pass both Federal and State Constitutional muster. i.e. a Rule of Evidence can NOT violate the Bill of Rights or other Constitutional restriction. The problem is the Federal Courts have adopted the above mentioned rule that it is a privilege of the Spouse testifying NOT the spouse who is in litigation, thus I see no problems with the above rules under the Federal Constitution. Again I do NOT know Alaskan law so Alaska;s Constitution may have restrictions these rules do NOT address, I doubt it, but it is possible. Thus I cite the above only as what I suspect the law is in Alaska, I would have to do further Research to find that to be certain (i.e. check the Court Cases and how the Alaskan Supreme Court have interpreted these rules).

I make the statement in the previous paragraph for there are laws on the books that are unconstitutional and have been ruled unconstitutional but no one has ever repealed them. Examples of these include West Virginia's state Constitution that says all schools will be segregated by race (Not enforced nor followed in West Virginia since the 1950s where the Supreme Court ruled that School Segregation violated the Federal Constitution), Pennsylvania School Code that still states all teachers must lead their classes in pray at the start of Class each day (Again not enforced since the 1950s, but the state Assembly has never repealed them) and various states Death Penalty statutes that are still on the books even through the statute does NOT meet even the very "liberal" rules for executions adopted by today's US supreme Court. These laws are still on the books, not enforced and unconstitutional but still on the books. I mentioned them when citing a statute like the above Rules of Evidence for the Rules adopted MAY not be the ones actually being used. The Rules being used will pass constitutional muster (Both under the Bill of Rights of the US Constitution AND any State Bill of Rights) but may differ from how the Rules are written in this "Ruled of Evidence". I do NOT seen any constitutional problems with these rules, just a word of advice when reviewing any stature or other law passed by the Federal or State Government.

[bertman]

48. You gotta hand it to those Alaskans. They are an independent bunch. Now it's a Repuke who is

putting his own party's Governor's hubby on the stand in a case against her.

Wow.

I don't know whether to call that integrity or payback--for Palin screwing those other Repukes she stepped on while climbing the ladder to the Guv's office.

The plot thickens.

[LuckyLib]

49. "Huggins, who appeared in camouflage pants to vote during a break from moose hunting."

You just can't make this stuff up. This is one amazing freak show.

[Swagman]

52. Palin named in abuse-of-power inquiry

Source: smh.com.au

Palin named in abuse-of-power inquiry
September 14, 2008

ALASKA lawmakers have subpoenaed the husband of Republican vice-presidential nominee Sarah Palin in a politically explosive abuse-of-power investigation.

The Alaska Senate Judiciary Committee voted 5-3 to subpoena Todd Palin in the legislative investigation into whether his wife, Alaska's governor, improperly attempted to fire a state trooper who was her former brother-in-law.

The panel would refrain from subpoenaing Ms Palin if she agreed to give an interview to an investigator.

The subpoenas must be approved by Senate president Lyda Green, who is a Republican - but as a political foe of the governor she is not expected to kill the subpoenas.

A report on the investigation into Palin's July 11 firing of public safety commissioner Walter Monegan is due to be completed by October 10 - three weeks before the election.

Mr Monegan has alleged that he was removed because of his resistance to pressure to dismiss state trooper Mike Wooten, the ex-husband of Palin's sister, Molly McCann.

Sarah Palin rejected the charge at the time and said she and her staff would cooperate fully


Read more: http://www.smh.com.au/news/world/palin-named-in-abuseofpower-inquiry/2008/09/13/1220857900028.html

[Name removed]

53. Deleted message

Message removed by moderator. 
[link:www.democraticunderground.com/forums/rules.html|Click
here] to review the message board rules.

[madaboutharry]

54. Go away.

mods alerted.

The rules around here clearly state that posters have to support the Democratic candidate for President.

[Champion Jack]

55. Bullshit

fuck you freeper

[terrya]

56. Fuck you, troll

[Aviation Pro]

57. Buh-bye....

...we don't call on any bullshit Viking kitty dance around here, we just alert the mods and off you go to the dead zone.

Afterall, all you have is just bull shit.

[kikiek]

58. Face it. You hitched your wagon to another lying sack of shit like Bush and Cheney.

Good job! Hahaha

[SemperEadem]

61. Oh, do go take your meds and lay down

you're past your nap time.

[FreakinDJ]

62. Thanks for playing Freeper Troll

Would you like to snort some Oxycottin with that Rush LimpDick Spew

[Kaleko]

59. K & R

[SemperEadem]

60. rut roh..

The subpoenas must be approved by Senate president Lyda Green, who is a Republican - but as a political foe of the governor she is not expected to kill the subpoenas.

Karma's a biotch!

[seafan]

64. Palin laughed, as radio talk show host disparaged Lyda Green.

We absolutely must derail Sarah Palin's radical religious extremist agenda from infiltrating the Vice President's Office, because she will use her position as a battering ram to achieve total theocratic takeover of the United States of America. There is no doubt about this.


Governor Sarah Palin laughing, as a radio talk show host refers to cancer survivor and State Senate President Lyda Green, as "a bitch" and "a cancer".




Palin named in abuse-of-power inquiry

September 14, 2008

ALASKA lawmakers have subpoenaed the husband of Republican vice-presidential nominee Sarah Palin in a politically explosive abuse-of-power investigation.

The Alaska Senate Judiciary Committee voted 5-3 to subpoena Todd Palin in the legislative investigation into whether his wife, Alaska's governor, improperly attempted to fire a state trooper who was her former brother-in-law.

The panel would refrain from subpoenaing Ms Palin if she agreed to give an interview to an investigator.

The subpoenas must be approved by Senate president Lyda Green, who is a Republican - but as a political foe of the governor she is not expected to kill the subpoenas.

.....

(Italics added)

[bluesmail]

63. Joining the gang! Fits right in.

[Cha]

65. Come on, Walt Monegan!

Get the facts out in the case and nail palin for her slimey, abuse of power policies.

[jannyk]

66. Dupe - This was yesterday's news not LBN

see here:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=3485461&mesg_id=3485857

[Swagman]

67. sorry !!

[Imagevision]

68. Ms. Palin is totally pissed off that this issue actually gained leggs...

[JerseygirlCT]

69. Green is the one she was laughing about and calling ugly names

on the radio, right? Hope it bites her, hard, in the butt now.