ANCHORAGE — Alaska’s Supreme Court refused to halt the “Troopergate” investigation Thursday, paving the way for investigator Steve Branchflower’s report to come out today.

A state Superior Court judge ruled last week the legislative investigation could go forward. The decision came after six state legislators sued to have the probe halted. Shortly after the state court’s decision, the six state legislators and an Outside organization called the Liberty Legal Institute appealed the decision.

Branchflower is trying to determine whether Palin or any of her staff abused to Office of Governor by trying to pressure former Public Safety Commissioner Walt Monegan to fire a state trooper involved in a messy divorce with Palin’s sister. Palin initially agreed to cooperate in the probe, saying in July she had nothing to hide and an investigation would prove that. After being tapped as the Republican vice presidential nominee, however, Palin refused to cooperate and said the probe had become tainted by partisan politics.

Soon after, Republican presidential candidate John McCain’s campaign sent spokespeople to Alaska attempting to show Monegan’s fire was done because he had a “rogue mentality.”

After the court’s decision Thursday, Rep. Wes Keller, R-Wasilla, one of the legislators suing to stop the probe, said he was surprised.

“I thought we would prevail,” Keller said.

He said he thought the court would side with the plaintiffs because of the “blatant appearance of the unfairness of the investigation.”

Some legislators and the Palin family took exception to Democratic Sen. Hollis French when he said Branchflower’s report could constitute an “October surprise.” Those in opposition of the investigation said the statement showed Democrats running the probe were biased. French, for his part, apologized for the remark.

Palmer Rep. Carl Gatto, a Republican, is also a member of the lawsuit seeking to halt Troopergate’s investigation.

The Liberty Legal Institute, a Texas-based organization that says it’s committed to protecting First Amendment rights, said in a statement the Supreme Court’s decision puts Alaska citizens as risk.

“We are disappointed with the court’s decision,” the group says. “Every citizen of Alaska will suffer a loss of their rights as a result. If they can conduct this kind of smear campaign camouflaged as an ‘investigation’ against private citizens and government officials, you could be next.”

But Kevin Brown, the chair of the Mat-Su Democrats who has repeatedly called for the investigation to go forward, said the court’s decision doesn’t surprise him.

“... The claims being made by the plaintiff in this last-minute suit were not based in law,” Brown said. “It was all based off the idea of politics injecting itself in things.”

Brown called the Republican legislators attempt to stop the investigation “ridiculous in an overwhelming Republican body.”

The Supreme Court’s decision to allow the investigation to go forward comes on the heels of Gov. Sarah Palin’s husband, Todd, submitting a written affidavit in response to questions from Branchflower.

According to the Associated Press, affidavits from Todd Palin and two top aides in the governor’s administration assert that Sarah Palin was kept in the dark while Todd Palin repeatedly attempted to get the word out that he thought Palin’s former brother-in-law, trooper Mike Wooten, was unfit to be on the force. No other information from interviews or sworn statements has been made public yet.

Check the Frontiersman Web site Friday for updates after Branchflower’s report is made public.

Contact Michael Rovito at michael.rovito@frontiersman.com or 352-2252