Glenn Greenwald
Friday Sept. 19, 2008 08:19 EDT
The Bush/McCain/Palin contempt for subpoenas and the rule of law
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It is illegal in the State of Alaska to fail to comply with legislative subpoenas. But Todd Palin has announced he will do exactly that which the law prohibits for one simple reason -- because nothing can be done about it until after the election, and even then, it's unlikely much will be done to punish him for breaking the law. Sarah Palin has similarly ordered all of her aides to refuse to comply with these subpoenas even though doing so is illegal, because she, too, doubts there will be consequences for this illgeal behavior. Or, as Bill O'Reilly put it in his righteous Rule of Law tirade: "I'm going to do it anyway. I dare you to come get me."
There is no doubt that the Legislature has the right to investigate and that these Subpoenaas are lawfully issued. Before Palin was selected as Vice President, virtually everyone in Alaska -- including her -- agreed that the Legislature could and should investigate these allegations. From The Anchorage Daily News, July 29, 2008:
"The governor has said all along that she will fully cooperate with an investigation and her staff will cooperate as well,"
Leighow said. . . .
Supporters as well as detractors of the Republican governor generally agreed the legislative investigation is needed into the circumstances leading up to Monegan's dismissal. . . .
Sen. Gene Therriault of North Pole, leader of the small Republican Senate minority that generally has backed Palin's policies, said he expects the governor will cooperate, and if she's cleared, the investigation could strengthen her. . . . Senate President Lyda Green, a Wasilla Republican and member of the Legislative Council, said the investigation is "absolutely" needed.In August, Palin even praised herself for only suspending, rather than firing, one of her top aides who demanded -- in a recorded telephone call -- that the Police Commissioner fire her ex-brother-in-law by making this argument: "While he is a state employee the governor can direct him to cooperate with
, fulfilling her pledge that the administration will cooperate fully with the investigation," McAllister said.
But now, with the heavy involvement of the McCain campaign, Gov. Palin has embraced core GOP "principles" -- political officials can unilaterally exempt themselves from the rule of law and the people, through their elected representatives in the legislature, are powerless to learn what their political leaders have done. That, of course, has been the guiding principle of the Bush administration -- as one Bush official after the next has simply refused to comply with Congressional subpoenas as part of investigations into serious allegations of lawbreaking and other wrongdoing -- and the McCain campaign and the Palins are leaving no doubt that they are full-fledged believers in these corrupt and lawless prerogatives.
more...
http://www.salon.com/opinion/greenwald/2008/09/19/palin/