Judge refuses to halt Troopergate investigation

ANCHORAGE — An Alaska state judge Thursday refused to block the Legislature’s investigation, known as Troopergate, that’s seeking whether Gov. Sarah Palin abused her office by trying to get an Alaska State Trooper fired.

Judge Peter Michalski threw out the lawsuit filed by five Republican state legislators, including Wasilla Rep. Wes Keller, who said the investigation had been tainted by partisan politics and was being manipulated to damage Palin shortly before the Nov. 4 presidential election, the Associted Press reported.

Keller did not return a message left seeking comment.

Michalski wrote in a report that it is “legitimately within the scope of the Legislature’s investigatory power to inquire into the circumstances surrounding the termination of a public officer the Legislature had previously confirmed.”

According to the attorney representing the five Republicans who filed the lawsuit to halt the probe, Kevin Clarkson, a political bias was shown when the Legislature’s investigator, Stephen Branchflower, announced he would release his report Oct. 10.

The suing lawmakers said the timing amounted to an attempt at damaging Palin’s reputation ahead of the Nov. 4 presidential election.

But Michalski said in his ruling that the mere appearance of impropriety does not mean any individual's right to fairness was violated.

Michalksi also threw out a lawsuit brought by Palin aides who were subpoenaed to testify as part of the probe. The aides argued they did not honor the subpoenas because they were not valid.

It’s unclear whether the aides will now comply with the subpoenas now that the lawsuit has been tossed.

Palin initially agreed to cooperate with the investigation, repeatedly saying she has nothing to hide. But since being tapped as the Republican vice presidential nominee Aug. 29, the investigation has become more heated, amounting to what some have called a political circus.

The John McCain presidential campaign also began pushing back against the investigation after Palin was tapped as McCain’s running mate. A group calling itself the Palin Truth Squad, has held daily press conferences attempting to show Palin fired former Public Safety Commissioner Walt Monegan for insubordination.

In an interview shortly after Keller and his Republican counterparts filed suit to halt the investigation, Keller said he felt the proceedings had become politicized.

“The goal is to either bring an end to the investigation, which I think is very improper, or stop it until (Stephen) Branchflower and (Sen. Kim) Elton and (Hollis) French are disqualified,” Keller said at the time.

He added Troopergate’s independent investigator Branchflower, Elton, the chair of the Legislative Council Committee, and French, a Democrat who’s heading up the investigation, all have political axes to grind..

Attorney Peter Maassen, working for the defense, said the state Legislature has the authority to investigate the governor at any time.

“If the legislature doesn't have the ability to oversee the actions of the executive, then who does?” Maassen told the AP. “Is there anybody in this courtroom who really wants to live in a state in which the executive is only accountable to the executive?”

In recent weeks Palin has said she will cooperate with a separate investigation run by the Alaska State Personnel Board.

Palin has the power to fire the three members on that board.

Contact Michael Rovito at michael.rovito@frontiersman.com or 352-2252. The Associated Press contributed to this report.