Palin’s Advisor Makes the Comparison to the US Attorney Purge Explicit

If you’ve been watching Sarah Palin’s attempt to cover-up her abuse of power in TrooperGate, it may have reminded you of Bush’s attempt to cover up his US Attorney purge: An executive wants to retaliate against those who have put the rule of law above partisan or personal grudges, so she fires people. And then, when people notice, she starts stone-walling and back-tracking on promises to cooperate.

Kagro X has already made this comparison explicit.

Warning to Democrats Americans: Republicans are fighting this investigation like it was Florida 2000. If you’re harboring any thoughts of taking a hands-off approach, rising above the fray, and then doubling back to investigate it later if she gets elected, think again. At that point we’ll be hearing nothing but how it was "thoroughly investigated" by the Alaska state legislature. The quashing of the subpoenas won’t be mentioned, and all will be forgotten. You know it’s coming.

This is a direct parallel to federal issues playing out as we speak in Washington, with Harriet Miers a no-show once again today on a subpoena that’s now well over a year old.

Turns out, Kagro X isn’t the first one to make such a comparison. One of Sarah Palin’s own personal advisors is.

WSJ broke and CNN did a follow-up story on the warnings Palin’s ethics advisor, Wevley Shea, gave her just as the story that she fired Walt Monegan started to break back in July.

An informal adviser who has counseled Gov. Sarah Palin on ethics issues urged her in July to apologize for her handling of the dismissal of the state’s public safety commissioner and warned that the matter could snowball into a bigger scandal.

He also said, in a letter reviewed by The Wall Street Journal, that she should fire any aides who had raised concerns with the chief over a state trooper who was involved in a bitter divorce with the governor’s sister.

In an interview with CNN, Shea compares the TrooperGate cover-up (and remember–this is a description coming from one of Palin’s friends!) and the US Attorney purge:

"The problem, in my opinion, is that there has been out-and-out cover-up and misleading statements by staffers in the governor’s office," he said. "And the parallel that I tried to draw is, you know, the problem with the firing or terminating of the U.S. attorneys."

But it’s in a later letter to Palin that Shea makes the extended comparison (kudos to the WSJ for linking this–I recommend you all click through and read this series of letters because it is absolutely damning).

On August 4, between the time the investigation began and proof of Palin’s direct involvement came out, Shea wrote Palin a detailed review of Federal rules about Congressional contempt. It then goes into a three-page analysis of the Judge Bates’ July 31 opinion on the Miers/Bolten case, including this passage:

… the Executive cannot be the judge of its own privilege … Ms. Miers is not excused from compliance with the Committee’s subpoena by virtue of a claim of executive privilege that may ultimately be made. Instead, she must appear before the Committee to provide testimony, and invoke executive privilege where appropriate.

He then closes with the suggestion that those running the legislative investigation–Steve Branchflower and Hollis French–probably don’t know all that much about executive privilege claims.

This overview is to provide you with Congressional contempt criteria and "immunity" alternatives. I know Investigator Steve Branchflower has a limited understanding of executive privilege. I doubt your leadership in the Department of Law or Senator Hollis French and his colleagues have any in-depth understanding of the capacity of the potential complexity of the issues. I want to emphasize my federal court analysis, especially the United States Supreme Court, may be applicable to your present investigation situation.

Shea appears to have shifted, between his July warnings about the gravity of the situation and his August analysis of Palin’s options regarding executive privilege, from someone advising her to avoid the cover-up to someone advising her of the legal dangers in stone-walling. He seems most concerned about helping her avoid contempt charges–and this concern appears to have borne fruit, since the legislative committee investigating this has promised not to subpoena Palin. And frankly, given Shea’s comment to CNN, he still seems to be just as appalled at the cover-up as we are.

Yet that doesn’t change the fact that he used the Miers/Bolten case as an outline of what she could and could not declare off-limits. Palin is using the Republican experience in the US Attorney purge cover-up and applying those lessons to her own cover-up.

No wonder it all looked so familiar.

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  1. BayStateLibrul says:

    Thanks for connecting the dots again…
    Electing McCain will be “Worse than Bushie”
    Hard to believe, but true

  2. DefendOurConstitution says:

    When is someone – anyone – going to bring up how unprecedented it is to select a VP candidate under an active investigation?

    Forget qualifications and salacious stuff. When will someone on TradMed discuss that this is indeed a first: a governor under an active/current ethics investigation selected as VP.

  3. Arbusto says:

    The way things seem to go in the DC Circuit, in staying Miers testimony and with Palin claiming Exe privilege, we are degenerating into a Monarchy with 50 fiefdoms. In other words no accountability for criminal acts.

  4. lllphd says:

    marcy, there are so many parallels with bush, on so many levels.

    watching what i could stomach of the interview with gibson last night, i was struck with how reminiscent it was of that interview bush did in 2000 when he could not name any heads of state.

    and the entire affair is reminiscent of bush’s skirting the issues of his cocaine habits (and possible arrest) and that missing year at the TANG.

    bush had his daddy’s power to keep all that stuff irrelevant back then. i just wonder what mccain thinks will protect him now. (not to suggest he’s clueless about that; i’m wondering if he’s been told it will all go away, and by whom.)

    sigh. and to think my first impression of the palin foolishness was the harriet miers nomination.

    • BayStateLibrul says:

      Here is another parallel and my greatest fear (I AM paranoid, no doubt).

      Obama wins the election, but in one of the four battle states, the election
      is so close thst the Repubs call “foul”

      They sue, and sue, and the case makes it way to the Supremos.

      The Judges reverse Bush v Gore and grant the election to the Repugs.

      Tyranny erupts, and Bush remains in office under some archaic law.

      • lllphd says:

        i have a similar fear.

        for reasons i will not divulge, i suspect it will come to that, again the repugs will sue, but they will use a different argument, so the supremes won’t have to reverse themselves.

        or, go visit http://www.electoral-vote.com; yesterday he had a tutorial on what would happen if there is an electoral tie. it’s not encouraging.

        i said i’d leave the country if bush won, both in 2000 and 2004, and here i am, still. but now the picture is so much bleaker. they’ve gained so much power, and made much of it ‘legal’, and are doing so much damage everywhere, we’ll be in so much deeper trouble. everyone will really hate us.

        i stayed (as if i had a choice, really) on the premise that righting the ship takes many strong hands. it’s seemed like we’ve sprung so many leaks at this point, how can we avoid going under?

  5. Leen says:

    marcy you are on fire. Helping direct the MSM line of questioning.

    And Rove the fuck who should be in prison for his part in outing Plame, hanky panky in the Presidential selections, you know he is advising her. The whole strategy is Rovian.

    Rove is the pig with the lipstick on.

  6. scribe says:

    WTF!!!!

    Here’s the thing I don’t get.

    Why in the world did this lawyer copy the FBI on this letter, and send copies of his legal analysis along with it?

    Let’s look at this: either the lawyer is, or is not, in an attorney-client relationship with Palin. In either event, the lawyer is giving legal analysis, though anyone with the merest amount of connivance in their soul could see the analysis as a road map of how to get away with not answering questions….

    But, the analysis is attorney work-product. Most attorneys do not spend time gratuitously writing letters to anyone, let alone their friend the governor, analyzing serious legal problems. (Those of us who are blogging, eh, we’re not dealing with a particular client or friend, but rather are either kibitzing or helping educate the public about legal issues. The “educating” is an old-school way of “advertising”, a holdover from the days before attorneys were allowed to advertise.)

    So, either he was trying to educate the governor, or he was her attorney giving her advice. Note that he opines in the cover letter that she is being ill-served by her employee-attorneys in the state government. They are giving her bad advice, out of naivete, he says. In either event, he would be under a duty to do the best job he could in producing accurate work-product; if you are going to do something like provide legal advice or analysis it had beeter be right. There are cases which say that just because a lawyer did some lawyerly work gratuitously “free” (as opposed to pro bono “free”) does not mean he cannot be sued for malpractice when he does it badly.

    So, let’s assume he did a good job. The letter looks like a good job and a fairly accurate, workmanlike analysis. It does a lawyerly thing by recognizing the lack of local (Alaska) precedent and then seeking out relevant examples from similar jurisdiction – the Miers/Bolten case. It then comes to a reasonable set of conclusions/recommendations: apologize profusely, cauterize the wound (fire the malefactors) and back off doing similar in the future. No stonewalling, and no contempt.

    So, why in the name of all that is holy did he copy it to the FBI?

    The last thing any lawyer likes, wants or indeed has any inclination to do is to go to the FBI with information pertaining to a client or (possibly worse) a friend. Particularly when that information arguably pertains to potential criminality or, as here, political embarrassment. After all, some states’ codes of lawyer ethics (NY comes to mind) require a lawyer not just to keep secret the client’s confidences, but also to not undertake any act (or omission) which might lead to the client’s embarrassment.

    Was there an investigation by the FBI into this trooper issue?
    Was the lawyer here authorized by Palin to send this letter to the FBI? If so, why? As a proffer? As proof of good faith and no illegality? As proof of the “she’s following the advice of counsel” defense?

    Or did the lawyer do this on his own hook? If that, why?

    Look at it from your own, personal perspective. What would you think about a lawyer who was gossiping* to friends or acquaintances about you (or someone who was his client)?

    Now, what would you think about a lawyer who was gossiping to the FBI?

    Alaska’s a very small town – and there’s no way he would hang out to dry his own reputation there among the relatively tiny legal community and community at large by gratuitously yakking to the FBI about the advice he’d given the governor. So, I conclude, if he copied this to the FBI, he was authorized to do it by Palin.

    And that, then raises the question: why was Palin worried about the FBI? So much so that she had a lawyer who was advising her give them a copy of his advice?

    Hmm?

    Inquiring minds want to know.

    * FWIW, lots of fundies are really down on gossip, as a Bad Thing.

    • DefendOurConstitution says:

      My guesses are two:

      1. There is an FBI investigation on Palin (probably as part of VECO, Stevens et al) in which this lawyer is already involved (probably cause he’s been caught with hand in cookie jar himself).

      or

      2. This is a smart move to provide Palin with deniability and cry foul because her attorney improperly leaked this information to FBI.

      my guess would be #1.

        • BayStateLibrul says:

          Yup. She’s got those nasty skeletons rattling, but
          the Dems will make their close-but-not-close-enough attempt for exposure,
          and be sidewacked.

        • Leen says:

          And way out of the loop too
          http://www.crooksandliars.com/2008/09/
          11/ready-to-lead-palin-doesnt-know-what-the-bush-doctrine-is/

          I just could not understand why Charlie filled in the big blanks for her? Let her fall. Why tell her what the Bush Doctrine is? Let her continue to fumble.

          Ew/all have you read this
          http://www.alternet.org/story/98453/
          Don’t Think of a Maverick! Could the Obama Campaign Be Improved?

          By George Lakoff, AlterNet

          In 1980, Richard Wirthlin — Ronald Reagan’s chief strategist — made a fateful discovery. In his first poll he discovered that most people didn’t like Reagan’s positions on the issues, but nevertheless wanted to vote for Reagan. The reason, he figured out, is that voters vote for president not primarily on the issues, but on five other factors — “character” factors: Values; Authenticity; Communication and connection; Trust; and Identity. In the Reagan-Carter and Reagan-Mondale debates, Mondale and Carter were ahead on the issues and lost the debates, because the debates were not about the issues, but about those other five character factors. George W. Bush used the same observation in his two races. Gore and Kerry ran on the issues. Bush ran on those five factors.

          In the 2008 nomination campaign, Hillary ran on the issues, while Obama ran on those five factors and won. McCain is now running a Reagan-Bush style character-based campaign on the Big Five factors. But Obama has switched to a campaign based “on the issues,” like Hillary, Gore, and Kerry. Obama has reality on his side. And the campaign is assuming that if you just tell people the truth, they will reason to the right conclusion. That’s false and they should know better.

    • emptywheel says:

      I think your point is important. But be careful of the chronology.

      The first letter was July 24, personally delivered to Palin’s aide.

      The second letter–the July 26 letter to law enforcement–includes the July 24 letter. He sends it to law enforcement, apparently, to say, “sorry Sarah fucked up, but we’ve taken care of it” (though I’ve got another possible interpretation, below).

      Finally, there’s the third letter, including the legal analysis. There’s no reason to think the third letter went to the FBI.

      In other words, the CC to the FBI seems like an attempt to get the FBI et al NOT to go apeshit at Monegan’s firing.

      Though here’s a question. The head of the Troopers union, Cyr, is really going after Palin hard. I do wonder whether Shea isn’t just a local with ties to both law enforcement AND Palin, equally strong. (As a former federal prosecutor, that would make sense). So maybe the start of this was his intitial attempt to prevent all-out war from breaking out between Palin and law enforcement. Is it possible, for example, that the “wolves” Shea mentions in the July 24 letter refer to those law enforcement agencies?

      • Leen says:

        O in the MSM about the trooper gate issue. Lots about the Bridge to no where and reallocating that 300 million.

        what’s holding the MSM back on trooper gate?

        • perris says:

          what’s holding the MSM back on trooper gate?

          the bridge to nowhere they have to cover, the trooper gate they will avoid until their is outcry loud enough to make it impossible to ignore

          where is olberman?

        • scribe says:

          The bridge to nowhere can be easily understood by even the dullest pretty faces reading the news.

          The troopergate is more complicated and, as noted above, has eerie similarities to Miers/Bolten and the USAtty’s scandal and political purges/prosecutions, which the TradMed has done a craptastic job of not covering.

        • UrbanGorilla says:

          what’s holding the MSM back on trooper gate?

          It’s a deal breaker, pure and simple. Consider the series of events:

          1) Troopergate is prosecuted to the point that the case is made, conclusively and irrefutably, that Sarah Palin abused her power in an a way that completely disqualifies her as a candidate for higher office. She goes down hard.

          2) The McCain campaign has mortgaged the farm on the idea that fundies and bitter gun clingers and mean girl likers will take the Palin argument to his candidacy, literally prima facie. Without her his campaign is toast, the public perception of his judgment irretrievably damaged. He goes down harder.

          3) The Obama campaign can coast, practically uncontested into November. The ratings for the MSM go down hardest of all.

          It’s a KISS analysis at best. But ratings mean money and I really think its that simple. I really, really do.

          • foothillsmike says:

            The McShame people have begun to set up the playing field and will ultimately be claiming the prosecution is a persecution by dems.

            • UrbanGorilla says:

              And they’d be right because, lord knows, the Republicans aren’t going to stand up and do what’s right.

              Now, the important realization here is that there actually is such a thing as righteous persecution. I wouldn’t have agreed with that statement prior to knowing the circumstances surrounding Sarah Palin. It’s a dangerous line to walk. You wouldn’t want to say that all classic evils of society have a little ying in their yang (like, “that’s some righteous genocide ya got there, bubba”); but persecution of mean girls might just be that exception that proves the rule.

      • bmaz says:

        Is there really any atty/client status existing on this matter between Palin and Lovely Wevley? Or is he freelancing trying to cause havoc? He was an also ran losing candidate for the Senate up there in 2004, maybe he is just roiling the waters. I don’t know what his bag is, but it is flat out goofy no matter how you look at it. Why would the FBI be involved in this mess; it is state/local? Unless it has to do with Stevens/VECO/Young or something; but it is hard to see that linkage in the specific as to troopergate itself. And if, on the offhand chance, he is freelancing, it is still fucking goofy. And Scribe is right about the implications if there is an attorney/client relationship. This is just flat bizarre. And all his discussion about the Bates/Miers opinion; what’s up with that? As of the date that correspondence was authored, the status of the investigation was primordial and Palin and the others of her staff/friends were all saying complete cooperation at that point. Why does he drag an unpublished (at that point anyway) slip opinion out of the fucking DC Circuit to waste two and a half pages of “analysis” on? Even with a paucity of on point law in Alaska, the Bates/Miers deal would merit little more that a couple of sentences of analogy at that point and under those circumstances. Unless Lovely Wevley is setting up some kind of play. Or something. Just bizarre.

    • lllphd says:

      wow. wow.

      funniest thing, i started asking some of those same questions yesterday, but no having legal expertise, decided i was in over my head.

      but it also occurred to me that the timing was interesting. first he gives her advice which, i agree, looks like it well could have been interpreted to mean ‘this is how you avoid getting into trouble.’ it also, to my untrained eye, looked like it was specifically addressing how she should manage this notion that claiming executive privilege had precedent with bush, and so might fly?

      then the bates decision comes down, and shea has to rethink. by then, palin is not about to shift gears.

      but the fbi is a weird monkey wrench in the works. you’re likely right about exposing her, though i noticed that the articles about this made a point of referring to him as ‘informal’, for what that’s worth.

      the ONLY thing i can think of is that palin knew she was being considered for veep, and the fbi was asking for documentation on this stuff. that still doesn’t make sense, though, because she essentially ignored the guy.

      none of it makes sense, on so many dimensions.

  7. maryo2 says:

    http://voices.washingtonpost.c…..mbatt.html

    “Palin’s name is listed on 2003 incorporation papers of the “Ted Stevens Excellence in Public Service, Inc.,” a 527 group that could raise unlimited funds from corporate donors. The group was designed to serve as a political boot camp for Republican women in the state. She served as one of three directors until June 2005, when her name was replaced on state filings.”

  8. perris says:

    so now linda beyerstein in campaign silo is reporting that her husband is running a shadow government in alaska

    womderful

  9. radiofreewill says:

    OT – We need the 527s to show the “I did not blink/ Bush Doctrine blink” segments to as many Rational People as possible.

    It doesn’t matter if the audience is men or women, black or white or brown or yellow, old or young, or Republican/Democrat – that segment is a Deal Breaker for Rational People – it scares people and makes them feel insecure.

    It will take five days, or so, of steady blitzing with 30-second ads during high-traffic times, but the rational people in Corporate America, Law Enforcement and the Military, especially, will not have Confidence in her seat-of-the-pants leadership.

    Thankfully for US, she’s blessed with the ability to scare any Rational person – and it will color people’s interpretation of every other answer she gives as an ‘authority’ when she’s clearly Faking It to Make It, with an Attitude.

    Loose Canon is an Understatement.

  10. maryo2 says:

    Remember the weird claim by the McCain camp that Palin had been vetted by the FBI, and the FBI’s response was Uh no we din’t.

    • maryo2 says:

      What on earth was Rick Davis talking about? Note Davis also said that McCain had access to the FBI information. What could he have meant by that?

      “Rick Davis, McCain’s campaign manager and the person at the point of the vice presidential process, said there was no abrupt change of course in the final hours. Nor, he said, was Palin selected without having gone through the full vetting process that was done for other finalists. That process included reviews of financial and other personal data, an FBI background check and considerable discussion among the handful of McCain advisers involved in the deliberations.

      “Nobody was vetted less or more than anyone in the final stages, and John had access to all that information and made the decision,” Davis said. “It’s really not much more complicated than that.” “

      http://www.washingtonpost.com/…..77_pf.html