Stampede to Come Clean in Alaska

Rut roh. Looks like Steve Branchflower will have a busy week, between now and when he releases his report on Friday.

Seven Alaska state employees have reversed course and agreed to testify in an abuse-of-power investigation against Republican vice presidential nominee Sarah Palin.

[snip]

Lawmakers subpoenaed seven state employees to testify in the inquiry but they challenged those subpoenas. A judge rejected that challenge last week. Because of that ruling, Alaska Attorney General Talis Colberg says the employees have decide to testify.

As I’m sure you’ve heard, the AK Supreme Court agreed to take the appeal of the Republicans trying to bury this. But local observers think the chance that the Supreme Court will rule in favor of a Palin cover-up is slim.

The Supreme Court only agreed to take this case due to public interest and establishing a precedent so the next time the lawmakers want to sue themselves they won’t burden the court.

What is the most absurd about this whole process of wasting time and money is the lawsuit was filed by some of the same Republican lawmakers like Fred Dyson who have long berated Alaskan judges for legislating from the bench.

The Supreme Court will toss this out and then Branchflower will put his report out.

So there seems to be a stampede of staffers attempting to look like they didn’t ignore a proper subpoena. 

Remind me–around Thursday, say, to start asking how the McPalin’s campaigns efforts to cover up these results prove their awareness there was a problem there? Thanks.

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  1. radiofreewill says:

    EW – What do you make of Todd ‘agreeing’ to meet with the ‘other’ investigation during the third week of October?

    http://ap.google.com/article/A…..wD93K31SG0

    ANCHORAGE, Alaska (AP) — Gov. Sarah Palin’s husband is planning to speak to an investigator looking into abuse-of-power allegations against the governor, Todd Palin’s lawyer said Saturday. He previously refused to testify under subpoena in a separate probe.

    Attorney Thomas Van Flein said he asked the investigator, Anchorage attorney Timothy Petumenos, to reserve the third week of October to interview Todd Palin, but a date has not been set because he is waiting to hear back from Petumenos.

    Todd Palin refused to testify under subpoena last month in a separate investigation by the Alaska Legislature. Petumenos is heading a parallel probe by the Alaska State Personnel Board into whether Sarah Palin, the Republican vice presidential nominee, acted improperly when she fired Public Safety Commissioner Walt Monegan this summer.

    (snip)

    • emptywheel says:

      Nothing–it’s the head fake investigation. He’s trying to invent some appearance that he is cooperating. It’ll be harder with these 7 coming in.

      Though, to answer MadDog, I sort of do wonder whether this is a stall tactic. What if they can’t testify until Thursday? And then on Thursday Todd–who’s very busy with his wife on the campaign trail–offers to testify on November 5?

      • MadDog says:

        I’m with you there! The Stall tactic is definitely credible.

        It would seem obvious that any information, including all “new” information, that results from the interviews will have to be investigated.

        That further investigation will take time. That further investigation may itself produce additional new information that requires even further investigation. And on and on and on.

        If Branchflower’s report comes out on Friday, I’d be very surprised.

        That it might get delayed past the General Election on November 4th, not so much.

      • MadDog says:

        And a further additional curiousity:

        What are the odds that both MsBull…winkle and First Dude are deliberately staying away from Alaska in order to avoid further legal repercussions from dissing official legal subpoenas (like bench warrants)?

        What say our resident Legal Eagles? bmaz? scribe? Mary? Looseheadprop?

        • bmaz says:

          Reissue the damn subpoenas with whatever date Banchwater wants. This isn’t their decision. The only real issue is Todd in the case that his attorney doesn’t accept service again. Be as flexible as youy can on his time, but tell him to get his ass in the chair. Branchflower can move his delivery date back to the 17th if necessary. They caused the delay, not him. Long as the notice to the deponents is reasonable, and again, they are not in a position to jerk anybody around at this point, they have to comply.

          And scribe’s tact is certainly also available as well. Unless the Alaska Supremes does something completely loopy and unforseen, Branchflower is in the catbird seat and they aren’t.

        • DWBartoo says:

          What you suggest, bmaz, is precisely what should happen.

          No more undue deference.

          Either the law is the law, and means what it claims to mean, or it becomes a sad, sorry joke.

          Just as subpoenas have become a joke.

          Speaking of subpoenas, what are the chances the House will hold you know who in kkkkontempt?

          Yes. That’s what I thought.

        • Peterr says:

          Branchflower is in the catbird seat and they aren’t.

          Amen.

          It’s quite likely that Branchflower knows (more or less) what these folks are going to testify to, and has at least a decent draft of his report in the works already. Yes, the full and final version will take this and re-write it to take into account the additional testimony, but it’s not like he has to start from scratch with these witnesses.

          I don’t see this as a stall at all — or if it is, it’s a damn poor attempt at one.

        • Ishmael says:

          Agreed – I don’t see a stall, I think Branchflower already has a substantial paper trail. Palin didn’t seem to know how to cover her tracks very well, outside of yahoo accounts, so I think he just wants to close the loose ends. I also would not be surprised if these civil servants have been provided with legal counsel by their union, both as to the consequences of defying a legitimate subpoena, and that the union will have their backs in the event of reprisals.

        • dakine01 says:

          I’d think the potential reprisals faced by these state employees are because they did what the Governor and AG directed, which was defy lawful subpoenas. At this point, the thing that might save their jobs is coming totally clean on everything they know.

        • Ishmael says:

          Oh yes, I agree with that, which explains in part why they all decided to testify en masse. I still think it would be important for the employees to know that they wouldn’t be facing a vengeful Sarah when she has to return to Alaska on November 5.

        • Ishmael says:

          correction…. “facing a vengeful Sarah all by themselves without union support when she has to return….”

        • bmaz says:

          Also, don’t forget that Tavis Colberg was the one representing the seven. He has his own tit in the wringer, and there is heavy talk up there about impeaching him. He finally decided to cut his losses on this, told the seven they were on their own and even if they retained counsel, there was nothing they could do unless the Alaska Supremes stop the show and they should not bet more than a plug nickel on that. Walla; instant compliance.

        • Ishmael says:

          I didn’t think about Colberg representing them! That could put him a whole world of hurt. And impeachment does not seem impossible in Alaska – it actually starts in the Senate, where the Democrats have an alliance with some Republicans (I don’t think the Alaska Republican Party is anything near the monolith the DeLay/Rove Repubs are) and there are only 20 members (9 Dems, with 6 allied Republicans, per Wiki), and then it goes to two thirds trial in the Alaska House.

      • Larue says:

        I’ve said often that I think ToddyBoy is the brains and Sarah is the front piece.

        What if I’m wrong? *G*

        What if Sarah was the brains and the force and manipulator in the family all along, using Toddy’s connections in the business world for her own gain? Rumor is she slept with one of Todd’s biz partners . . . doncha know! *G*

        If I’m wrong about Toddy’s place in all of this, then:

        He COULD be coming out to save his own ass, and sell Sarah’s, down the glacier.

        The family is messed up . . . both of them likely have messed around . . . and if THEIR relationship is ok for outside dally’s, ok then . . . but something stinks about it all, and their kids seem rather messed up . . . .

        I don’t think Mommy And Daddy are telling the kids the truth . . . and I think the dark secrets are gonna get put to light, soon.

        And we all know, that evil crap don’t LIKE the light.

        EW, standing by, I think, till Thursday! *G* Thanks for the info, as always!!! You rawk!

        • bmaz says:

          Be darn fascinating to watch the dynamics between Sarah and Todd if she loses. I think he is solid through the election; after though, well that may be a whole different matter when they get back to the Tundra.

        • sopranospinner says:

          I saw Todd speaking on CNN yesterday and he was AWFUL. Hard to believe he’s the brains behind anything. Not impossible, just hard to believe.

  2. MadDog says:

    I wonder if this decision to be interviewed is itself another “stall” tactic.

    By now submitting to the interviews, does it not threaten to delay Branchflower’s report generation, and perhaps delay it past the November 4th General Election?

    I get real suspicious when Repugs start “cooperating”. Makes me think there is more to this than meets the eye.

  3. Hmmm says:

    It all reads like buyings of time and muddyings of waters.

    That may be the first time I’ve ever used the word “muddyings”.

  4. scribe says:

    Heh.

    I get the feeling Branchflower can put out his report on Friday with plenty of detail, and put in a part about how the stalling required him to expend additional effort and he hasn’t had a chance to completely complete the investigation (double-checking takes time, after all), so he’ll conclude the report by saying “This is Part I. I expect to complete Part II, which analyzes the late-received information, by October 30. As to Todd Palin’s refusal to meet with me and defiance of the subpoena, I recommend prosecution.”

  5. Mnemosyne says:

    OK, so it’s petty and small-minded of me, not to mention something rapidly becoming almost as much a cliche as the oh-so-lovely Slick Sally, but I do like that faint, alluring scent of schadenfreude drifting across the tundra.

  6. Loo Hoo. says:

    Maybe they’ve decided to testify because they plan to live their lives in Alaska, and that Palin will have lost all credibility and electability in Alaska after she loses on November 4th.

    • siri says:

      Rumor has it that she’ll be impeached when she returns after the prez loss that must and will surely happen.
      I get this from someplace I read on the net last week, but ALSO from Mr. siri’s friends and family who all live in Fairbanks/Venetie.
      she’s toast!
      i just wish, AGAIN, that msm would cover this.
      *sigh*

      • Adie says:

        Siri: I tried to watch a little MSM today also. Unbelievagable! They really are in a strange little parallel universe of sorts, with their own little version of reality repeated by an endless little circle of PugPundits, aren’t they. Seems to me the PublikPundit pool is drying up rather quickly, and the only ones left are recycling endlessly a very few hyper-animated/annoying (Go Bill-O! A little closer to Barney Frank and he might need a strait jacket; then there was the electric green-suited, 50’s-era wanna-be Sarah Woo Hoo FAN who bubbleth over) Otherwise, twas the likes of a wimpy crew led by [sleepy? impaired? &/or just plain blah]Bill Bennett trying vainly to stir up something, anything. When Ms !Green!blob had occasions to burble, all the rest just sat slumped and stared wanly at the remote screen. They finally collectively gave it up & acted grateful for commercial break/rescue.

        But I stumbled on a news source in addition to yours and of course the Lake.

        Everyone might want to save the current Sunday comics from the trash pile before they disappear. Berkeley Breathed and his dear Opus have a rather original rambling diary life summary continuation, that suddenly makes their apallin point rather suddenly late in the strip.

        Trudeau takes on mcsame and jolts us with an all-too-real and disturbing scenario. You’ve been warned. Might want to wait to read that one tomorrow.

  7. jo6pac says:

    Seven Alaska state employees have reversed course and agreed to testify in an abuse-of-power investigation against Republican vice presidential nominee Sarah Palin.

    Well that’s unamerikan of them.
    jo6pac
    Everything is on schedule, please move along.

  8. Muzzy says:

    I wonder what the odds are that Branchflower’s report will include the Murlene Wilkes/workers comp arm of the investigation. The majority of the ADN news articles, like the one announcing the cooperation with the subpoenas up top, only speak to the Walt Monegan side of it.

    The Wilkes side of it sounds more like ‘go to jail’ kind of trouble.

    .

    • bmaz says:

      I don’t know that it is “go to jail” material, but it does look quite negative to Palin and will most certainly be part of Branchflower’s report.

      • Muzzy says:

        I was wondering about a ‘go to jail’ level of seriousness if Murlene Wilkes was bribed to initially lie to the investigator or otherwise cover-up in the investigation.

        If something like that comes out in the pending report, even if Palin is not directly named as a briber, public perception would get downright fugly.

        .

  9. masaccio says:

    I’m with scribe, too. He has a responsibility to report, and he will do it. The report will list the open items in the investigation, and recommend the next steps.

    I was a young lawyer during Watergate. My senior partner told me that Nixon’s big mistake was obvious: when you cut the dog’s tail off, do it all at once, not an inch at a time. Troopergate shows us that the repubs are back to cutting off the dog’s tail an inch at a time.

    • DWBartoo says:

      Torturing justice, an inch at a time …

      Trying our souls, an inch at a time …

      Killing democracy, an inch at a time …

      Yes, masaccio the incremental descent … into hell.

  10. Loo Hoo. says:

    Maybe, too, the seven are realizing that while the McCain campaign can give them lots of hot talk, they won’t be covering any legal bills for these folks.

  11. bgrothus says:

    Yep, the legal bills for loyalty, Sarah does not strike me as someone who would bother herself with helping anyone with that. Maybe Cindy Lou can help with that?

    Anyone seen the $100K offer for anyone who can come forward with testimony leading to the conviction of KKKarl or any of his henchmen for stealing elections?

    Linky no work for me, it is at RoveCyberGate dot com

  12. Adie says:

    Woo Hoo EW! You saved my day, or at least an anticipated good night’s sleep. Cool Cool Cool.

    You think Sarah might suddenly take a notion to move abruptly to a nice exotic furrin location like Hawaii for the winter? Mebbe she’ll even decide to home-school the kids. Now THAT would be interesting to track.

    On the other hand – maybe not. I get the feeling those poor kids have been used as props their whole lives. That’s one chilly mom they’ve got – virtually no active motherly attention at all that I’ve seen. I guess the bearing is the big deal, the rearing and loving not so much. Sad to watch. I’ll be glad when she exits stage right.

  13. FrankProbst says:

    My take on what happened: The GOP sent a bunch of Washington lawyers up to Alaska, and they told the Subpoenaed Seven to just blow off their subpoenas. “We do it all the time. They’re pussies. They won’t do anything about it.” This did not go over well with either the court or, more importantly, Alaska politicians, and rumors started going through the grapevine that the Seven needed to knock this shit off and come clean, because this is Alaska, not DC, and that’s not how we do things here.

    Now the Subpoenaed Seven are sort of stuck. If they show up and say, “I don’t remember,” no one will believe them, because that’s not really something that you defy a subpoena to avoid saying. And Branchflower appears to have burned one bullshitter already, so it seems extremely unwise to lie to him. Should be interesting to see what they do.

  14. LabDancer says:

    I tend to think it’s likely that Blanchflower has a draft report in the can – but one which shows his having expended some serious effort at what might be surmised from the refusal of so many witnesses to respond to subpoena. So it seems probable all or a good deal of that will have to be taken out.

    Also, I’m cautious about against drawing anything much from these 7 having agreed to respond now. From what I’ve read [not just elsewhere, but here, or at least starting out here], the faux parallel investigation [I would write ”faux GOP”, except for it being an oxymoron.], or those operating it, have already had contact with some or all of the 7. From that, were I in Branchflower’s mukluks, I would concerned with at least two things:

    [1] the possibility of the next game starting from around the point when each witness swears his or her oath [Surely we haven’t forgotten the stylings of Monica G, Kyle the Wonderrove Mini-Me, and the rest of that crew].

    Since when did GOOPers capitulating on subpoenas amount to throwing in the towel to truth and justice? Plus, it takes time to get the transcripts the kind of shape courts demand before they will act, not to mention filing deadlines. If a client were to ask me for a reasonable estimate of time, even on a rush basis that could take his report past November 4 – easily.

    [2] Then there’s an entire field of potential obstruction and conspiracy to obstruct that might have to be plowed. I shouldn’t need to remind this crowd of what Libby stands convicted.

    And Fitz didn’t have to write a report.

    Finally, accepting the premise that the Alaska Supreme Court is not about to volunteer to join Blanchflower on the catbird seat [Does Alaska even have catbirds? It’s a big place; I’m thinking ravens are more likely.], then I would expect Blanchflower to reflect on that, and quite possibly [and reasonably] conclude that any haste might lay waste to his duties, cred and the remainder of his career. Dems and Repods have separate vocabularies of curses, and a lot of those bear the names of special counsels for the enemy party. In a state such as Alaska, where the space is big but the people few, I can’t imagine why someone in Blanchflower’s position would chance that fate.

    I’ll be surprised if the report comes out before November 4; pleasantly, but only briefly. Sister Sarah no longer constitutes a serious barrier to an Obama presidency; now the thing most obviously in need of protection is Alaska’s state governance system.

      • rosalind says:

        I thought Stevens had an actionable motion to dismiss or new trial.

        does the article at my link at #33 give this new life?

        • bmaz says:

          It depends on what exactly they have backing up the claim that

          Rather than turn over the first statement to the defense as required by rules of evidence, the government “intentionally procured from Allen a contradictory statement” and then “concealed its actions” from the court…

          If they have anything substantive to back that up, yes I think the government has a problem. The thing that bugs me is that there should easily be enough to warrant an evidentiary hearing by the court separate from the trial jury to really get to the bottom of this. And I will bet dollars to donuts that Allen will back up the claims of Stevens’ attorneys if a hearing is had.

          I am not holding my breath though, this judge should have done some of this and given the argument the due it deserves the last time. We shall see.

        • LabDancer says:

          I feel bad enough about posting this before finding the link, but I know I read within the last day or so that the lead prosecutor was able to point to a her cover letter specifically alluding to the part that Team Stevens is pointing to as “redacted” and throwing them into a tizzy [Pretty smart move, whether motivated out of a general tendency towards caution, or based on some feeling more specific to this case].

          I also feel a bit bad for not having checked on whether this has already been remarked on here at Ms E Wheel’s house, but on following the link Rosalind provided I just now realized who is the trial judge.

          For the un-initiated, maybe you’ve heard of Neil DeGrassi Tyson. Member of the gold medal winning duo at the US International Dance Tournament at Austin Texas in 1985? Erstwhile intercollegiate row-dy crew-ser & wrassler [Legit Category]? Current world record holder for guest appearances on the Colbert show, for the past two summers at least host of a summer fill-in show on PBS called Nova ScienceNow? Also holds a day job as Director of the Hayden Planetarium at the American Museum of Natural History in NYNY [possibly out of some odd preference for dudes with degrees in physics, astronomy and astrophysics]? Oh, and possible Bushie, having received 2 presidential commissions from the Water Boy [ah, but maybe that’s not it: He does have that NASA lifetime achievement award]? Maybe not just the top brother in the Billions and Billions Biz, but possibly top dog in that entire cosmology racket.

          Anyway this isn’t about him – except with all due allowance for having to resort to equivalencies, it’s not certain Tyson’s resume is quite up to that of the Honorable Judge Emmitt Sullivan.

          [Okay, I cheated a bit: Sully’s a brother, too; but I understand the prospects for brothers is trending upward in DC].

          Check him out and see if that doesn’t add something to the picture; it does for me. He sees Tyson’s double Bushie, and tops it with “somehow” managing to get appointed by the Gipper, Daddy Bush, and Bill Clinton. That’s a record I’d put up against Dimaggio’s 54 game hit streak and worry for Joltin’ Joe. This is the Best Damn Federal Trial Court Judge there is, maybe as good as you can get without getting bronzed. And you know how Colbert’s always on about Big Ones? They don’t get bigger than Sully’s.

          Just so you don’t lose any sleep over whether some slick mouthpiece might put one over on the trial judge in US v Ted “Tubes” Stevens.

        • bmaz says:

          Yeah, I checked out Sullivan. His record is impressive and he has been able to make a spectacle of himself on the bench, which is a positive these days. His outrage and statements on the record on the Stevens Mot to Dismiss were spot on. Giving no sanctions whatsoever, not even nominal fees to the defense for time wasted or something, was not consistent with his expressed outrage and the facts. I was not impressed by that. Brendan Sullivan is no fool, if he has something material to back up his claim, and we will indded see, there better be some type of sanctions. It is not just this, there is also the bit about the witness shipped back to Alaska. Cumulative BS should have a consequence. At least every now and then. Let’s see a little bit of that please. I am tired of the bullshit from this DOJ. Like the schoolyard bully, they need to be popped good. At least once. Just because.

        • DWBartoo says:

          Greatly appreciate the information you and LabDancer have provided regarding Sullivan.

          And yes, DOJ needs to get soundly ‘popped’. There are too many bully boyz (and gurlz) running around, unchecked, these days,

          Let us have some ‘deterent’ effect, please.

          We have substantial need of it.

          Thanks to all the Wheelhouse Gang.

  15. readerOfTeaLeaves says:

    OT, but if bmaz is still around, here’s a link I just saw at TPM… will have to check the site out more tomorrow, but it sure looks as if your great reporting about Charles Keating and McCain is snowballing into a larger swirl of interest: http://www.keatingeconomics.com/

    Now, for the news from Alaska… always good to read your lawyer-types strategize about how these investigations may move — or not move — forward. And what the velocities imply.

  16. Mauimom says:

    Remind me–around Thursday, say, to start asking how the McPalin’s campaigns efforts to cover up these results prove their awareness there was a problem there? Thanks.

    Damn, Thursday. That will be after the debates.

    Siri @ 11: ALSO from Mr. siri’s friends and family who all live in Fairbanks/Venetie.

    I have a very good college friend who lives in Fairbanks & is quite active in Dem politics there.

    Adie @ 27: You think Sarah might suddenly take a notion to move abruptly to a nice exotic furrin location like Hawaii for the winter?

    Oh no she don’t!!! There would be a few of us at the dock to greet her with tar & pitchfeathers if she tries. CT?? Bob??

  17. Leen says:

    Stuck in the spin&*%Q cycle. Investigation… subpoena’s…ignore the subpoena’s…Judge says you can not ignore the subpoena’s…act like you did not ignore the subpoena’s… push it into Alaska’s Supreme Court’s court. The big boy thugs and girl thugs sure know how to work the system.

  18. NCDem says:

    Bmaz and EW,
    I have made a few calls to Alaska on the WC issue under Branchflower’s investigation. In talking with an employee in the state worker’s compensation division, I was told that any information would need to come from a FOIA and that administration had shutdown information coming from Harbor Adjustment Service (HSA) or the state of Alaska.

    In a much earlier post, EW had correctly keyed in on the “financial incentive” for Murlene Wilkes to help cover the story for the Palin Administration. It now appears that Johnna Grasso has placed Ms. Wilkes in a bad fix. It is now even more important that the recently renewed contact with the state be finally approved as we are learning that the firm (HSA) has a huge tax lien filed against the company. It now totals $642,000. Based upon the increase of $82,000 just posted, it sounds like a failure to pay withholding taxes on employees and this was probably a filing for the second quarter withholding plus penalties and interest for previous periods. This information places a severe strain on the firm and a need for Ms. Wilkes to come clean with Branchflower.

    I actually am very surprised that the business is still operating. If it is indeed federal withholding, the IRS would normally shut the business down by now. I’ll do a little digging to see if it is indeed a federal lien.

  19. oldtree says:

    The simple folk that Bullwinkle and Toad are seem to have gone well beyond that which will demand legal scrutiny, even of the governor’s office itself. They have had the power, and can’t imagine life without. They were clearly careless or fearless about prosecution. Any absolute power causes the same reaction. These folks now have the luxury of the McBush protection racket to try to prevent the facts from appearing suddenly. Even that now may be breaking down. It appears to be in the hands of the last Alaska court and legislature to cure or simply treat their state disease.

  20. danps says:

    For some reason your first sentence made me laugh out loud. I’ve seen it used before so it wasn’t new to me. Maybe something about the pairing with the headline….