Here. (or you can read it after the break)
Finding #1: “Governor Sarah Palin abused her power by violating Alaska Statute 39.52.110(a) of the Alaska Executive Branch Ethics Act.”
ABC: Troopergate Report: Palin Abused Power
Sarah Palin abused her power when she fired her Public Safety Commissioner this July, a state investigation has concluded.
The Alaska legislature voted to release the several hundred page report on the “Troopergate” scandal, a state kerfuffle which has come to haunt Gov. Sarah Palin’s vice presidential bid.
AP: Troopergate panel: Palin abused power
A legislative committee investigating Alaska Gov. Sarah Palin has found she unlawfully abused her authority in firing the state’s public safety commissioner.
Good job Oliver!!! You were the 1st one to have the actual report up. I checked MSNBC, CNN, FOX, Drudge, Huffington, RQpolitcs. Way to go! P.S. Daniel says hi and GO GIANTS!!!!
Any chance one Palin is done with her tour of the West Virginia wilds the McCain bus just “forgets” to pick her back up?
McCain can’t ditch her or else there go the evangelicals…
It’s going to be very difficult for Gov. Sarah Palin to return to Alaska.
If/when the McCain campaign fails in it’s bid for the White House, Gov. Palin will have no choice to face some very tough questions upon her arrival. Her actions since her selection in late August could lead to censure, impeachment or even criminal charges.
This is stunning news, and must be a real downer to the Republicans.
Unfortunately, we’re gonna see nothing but accusations of partisanship and how unfair this investigation is. They will call it illegitimate. But will those repudiations stick? I don’t think so.
The ticking time bomb will probably be the unscrupulous use of Wooten’s personnel files.
So far, this is the October surprise.
Finding Number Two
I find that, although Walt Monegan’s refusal to fire Trooper Michael Wooten was not the sole reason he was fired by Governor Sarah Palin, it was likely a contributing factor to his termination as Commissioner of Public Safety. In spite of that, Governor Palin’s firing of Commissioner Monegan was a proper and lawful exercise of her constitutional and statutory authority to hire and fire executive branch department heads.
Finding 2 seems to negate Finding 1.
Finding Number Two won’t matter. There’s enough beef here to put the good Governor away for a few months in the worst case scenario, or in a less ugly scenario she’ll get censured by the Legislature.
Sure, the action was within her bounds, but it smells like dead fish.
She willingly, gleefully, decended into the muck to defame Barack.
She LIED, LIED, LIED - to the American people - “I did nothing wrong.”
Now she has been shown to have broken Alaskan Law. She has “Abused (her) Power.” A Republican to the core.
Let America send this piece of excretement back to Alaska where hopefully the Alaskans will expeditiously end her career.
Another factor…if things go bad for the Republicans on a national level…there won’t be much sympathy from other Repubs up in her home state.
The long knives will come out, and Palin is the red meat at the table in plain sight.
However, they will call this investigation all kinds of bad names in the near term to keep the ranks close until election time. After that, all bets are off.
It’s time to pray for Gov. Palin. I’m sure that crazy witch hunting Pastor Thomas Muthee is wondering why his protection from witches chant isn’t working right now.
Does finding #2 negate finding #1? I honestly wish I could get a clear answer on that. Are they saying she violated one law but not another? Are the two findings mutually exclusive?
When the interchangeable blond bimbo on CNN announced the findings of the report, saying in one breath that Palin “violated a statute” and “broke no laws” I wondered why it was too much to ask that the highly-paid people who report the news in our great republic understand English. How do you violate a statute without breaking a law?
But I guess the report is not too clear after all. Unless we should take it to mean that Palin was within her rights to fire the guy, but other actions she took were abuses of power. I guess that’s what we should take from it. In which case the bottom line is that she broke the law.
Maybe some real journalists will have it sorted out by morning…
Unfortunately, we’re gonna see nothing but accusations of partisanship and how unfair this investigation is.
She picked them. That’s gonna be one tough sell.
She “violated the public trust.” I think that’s all we really need to know.
That’s not the change we can believe in, my friends.
The report is obviously a biased political hatchet job.
How do I know this?
If history (at least the last 8 years) teaches us ANYTHING, it is that EVERYTHING which is bad for Republicans is, ipso facto, a biased political hatchet job.
McCain/Palin are toast. There is nobody who is not already heavily inclined to vote for them who would move in their direction now. 41% will be their high water mark from this point forward.
It serves McCain right.
My thought is, who gives a damn?
Her superintendent failed to follow an order, and got fired. Dog bites man.
Palin uses the maximum extent of her influence to get a psycho cop fired who had tasered a kid - not some perp, his own kid on a lark. Dog bites man.
I predict that McCain/Palin will get a bump up from this report. A lot of “rednecks” - referring to half my family who use that word in the first person - will be extremely sympathetic to her for this. Some people need killing in this world; this sick bastard trooper merely got into a political problem at work.
There’s a reason why these Republicans were happy to release it: it’s a winner for swing-state blue collar whites who have known that SOB who needed removing, but nothing could be done about it. Palin showed, in their minds, the willingness to get the right thing done. If the trooper’s firing would have been illegal, the trooper could have taken due process to get his job back, if allowed. But this is a nothing burger at BEST.
Uh, Bruce…
This is a serious violation of the AK ethics laws at the LEAST.
Monegan and perhaps even Trooper Wooten can now sue the living fuck out of the state of Alaska. They could potential win millions in damages. Why?
“1. For the reasons explained in section IV of this report, I find that Governor Sarah Palin abused her power by violated Alaska Statue 39/52/110(a) of the Alaska Executive Branch Ethics Act. Alaska Statute 39.52.110(a) provides
The legislature reaffirms that every public officer holds office as a public trust, and any effort to benefit a personal or financial interest through official action is a violation of that trust.”
The personal gain? Firing Wooten would probably cause him financial harm, which would could cause him to default on child support payments. Then, Sarah’s sister could reopen the divorce case to get full custody of the children. Wooten could be forced to move out of the state as a result of losing his job. Todd & Sarah executed a long, detailed and (now) well documented campaign to make Wooten pay. This is the ‘personal gain’
So, you are dead wrong on this. This is red meat. This is going to end up very badly for the Governor. This is first and last term for Palin in the Governor’s house.
She’s toast.
The final straw is this, and it revolves around the personnel file issues:
“Alaska Statute 39.25.900. Penalties.
(a) a person who wilfully (sic) violates a provision of this chapter or the personnel rules adopted under this chapter is guilty of a misdemeanor.
(b) A state employee who is convicted of a misdemeanor under this chapter or the personnel rules adopted under this chapter immediately forfeits the employee’s office or position.”
Check. Mate.
Bruce,
I don’t care so much, since I wasn’t going to vote for her anyway, but I highly doubt that this will help her.
Actually, Palin said she fired Monegan because she said she wanted to take the job in another direction. She lied.
The procedural firing was not illegal–what was illegal was the pressure she, her husband and staff put to bear on Monegan (her brother-in-laws boss) to fire him. Monegan had done nothing but a good job for Palin. She wanted to put someone in his job to get her brother in law fired.
And the trooper(the ex brother-in-law) STILL has his job.
Wow–an innocent man losing his job in this or any economy because Sarah Palin got a hard on to get rid of an annoying brother-in-law is a nothing burger?
Hmmmmmm . . ..
prediction: “Sarah Palin’s Law” is on the way to a legislature near you!~
Finding 2 seems to negate Finding 1.
Not at all. Finding 2 merely acknowledges what nobody has ever disputed: that Palin had the legal authority to fire Monegan. The illegality described in Finding 1 comes in exerting undue pressure on Monegan and others to act in a way that benefits Palin personally.
Of course the McPain/Lyin’ camp is trumpeting Finding 2 as a complete exoneration, and ignoring Finding 1 completely. It’s the same way the republicans tried to spin (unsuccessfully) the firings of the US attorneys: that the president has the authority to fire any US attorneys he wants.
In both cases they’re advancing the ludicrous principle that having a certain authority makes it impossible to abuse that authority, when any fool can see that you have to have an authority before you can abuse it.
This is a far more serious offense that the inconsequential perjury that Clinton committed that led to his being impeached and disbarred. Add to this the fact that Sarah lied about it then stonewalled the investigation with the help of her bogus crony AG, and it’s pretty clear what kind of Mavrikky spirit that the Palins are threatening to bring to Washington: it’s Cheney with lipstick, and with an assault rifle in place of a quail gun.
Thanks but no thanks, Sarah. If we need a moose gutted, we’ll give you a call.
Tell your Ma
Tell your Pa
We’re gonna send you back to Wa-sil-la
This should finally do it. The final nail. Now get her for inciting hatred and violence. Wasilla her she comes, hockey bag and all.
This is good news for Rudy Guiliani!
“white people are made in the image of God. We can do no wrong”-Sarah Palin
With apologies to John Cleese…
Governor Palin
Wassila Hailin’
Moose impalin’
Interview flailin’
Couric quailin’
Putin tailin’
Trooper nailin’
Holy grailin’
Truth assailin’
Biden trailin’
Press-ops bailin’
No-detailin’
Unavailin’
Ethically braillin’
Stonewall snailin’
Needin’ jailin’
Epic failin’
Palin
This was the gamble. Evidently it has not paid off.
Great country anthem
“wail’n palin”
“Of course the McPain/Lyin’ camp is trumpeting Finding 2 as a complete exoneration, and ignoring Finding 1 completely.”
Wilbur’s explanation is spot on and the observation that the right is trumpeting Finding 2 as a complete vindication comes as no surprise.
AP and ABC got the story wrong. The report found that she ‘violated the public trust” by allowing her husband to apply pressure to state employees in an effort to have her ex-brother-in-law, Trooper Wooten, fired (Wooten has civil service protection and cannot fired except for cause shown). In doing so, she allowed her office to be used for personal benefit. It found that she did not abuse her office by firing Commissioner Moneghan (who has no civil service protection and can be fired at will).
Frankly I don’t understand why the report exonerated her on the Moneghan firing, given how much information was withheld. I would have concluded that the issue remained open due to failure of the Governor and witnesses to cooperate.
IT’S SO AMAZING that people have NO PROBLEM with SARAH PALIN FIRING A GUY FOR DOING HIS JOB - NOT COMMITTING WORK DISCRIMINATION against anyone under his supervision, and NOT COMMITTING THE ILLEGAL ACT of firing someone without cause.
And if that is not enough, the guy Palin hires to take Monegan’s place, already has committed unethical acts – sexual harassment, Palin’s staff informs him as part of his job interview for Police Commissioner Monegan’s position – his willingness to keep an eye on the ex-brother-in-law because Wooten should be a state trooper and is dangerous. This is totally defenseless unless you are a Republican or under cover Republican going by the name of Independent .
Sorry Sarah, you should have read the Employee Handbook and manuals (the ones that said procedures and administrative laws) given you on Day One as governor. It’s a pesky little thing that’s given on Day One to keep you and the organization you work for OUT OF TROUBLE.
Sarah Palin can terminate AT WILL WITH CAUSE. Palin’s terminations must be according to Alaska’s administrative procedures. Here are the State statues and then the Federal statutes. as well.
STATE STATUTORY PROTECTIONS: The STATE of Alaska has several exceptions for protection of employees who work under “at will” clauses.
1. Covenant of Good Faith and Fair Dealing.
2. Public Policy exception - an employer may not fire an employee if it would violate the state’s public policy or a state or federal statute.
3. Implied contract exception is when another contract of employment has been implied between the employer and employee.
FEDERAL STATUTORY PROTECTIONS for all US states for wrongful termination apply to all employment contracts. An employer is not permitted to terminate an employee for:
• for refusing to commit illegal acts –
• family or medical leave as outlined in the named F.M.L. Act.
• not following own termination procedures – according to company policy, usually found in Employee Handbook.
There are only eight (8) states that have “at will” termination clauses WITHOUT CAUSE: Alabama, Florida, Georgia, Louisiana, Maine, Nebraska, New York, and Rhode Island.
Even though these states have “at will” employment clauses without cause, those states are still bound to the Federal Statutory Protections mentioned above.
Finding 1 applies to the effort to get Wooten fired. Finding 2 applies to the firing of Monegan. She could legally fire Monegan for any reason, but trying to use her power and influence to get Wooten fired was an abuse of power and a breach of the public trust, according to the laws of Alaska.
Hope that helps clarify the distinction.
No matter how often it is said - Sarah Palin CANNOT legally fire Monegan for any reason. She cannot fire him for NOT committing an illegal act.
Finding 2 says that she has the authority to fire Monegan. To exercise that authority legaly, she act must be in compliance to Alaskan State Law and Federal Statues.
I hope that this clarifies the matter, if not, look in up. “at will” termination clauses by state and the federal statues.
There’s a reason why these Republicans were happy to release it:
Clearly that’s why they tried to block its release until after the election.
Now she has been shown to have broken Alaskan Law. She has “Abused (her) Power.” A Republican to the core.
Let America send this piece of excretement back to Alaska where hopefully the Alaskans will expeditiously end her career.
She isn’t all that popular in her home state anymore.
Check out these pictures of Obama signs in Juneau: http://mudflats.wordpress.com/2008/10/10/sarah-palin-and-her-juneau-neighbors-support-obama/
Even Jay didn’t try to spin this one. He’s either smarter or more cowardly than I thought. Either would be saying a lot.
As expected, the right is claiming this is all a “ploy by Obama to shore up his dwindling chances for election”. Gotta give the right credit for being consistent even if they’re dead wrong!
“ploy by Obama to shore up his dwindling chances for election”.
“The Americans are going to surrender or be burned in their tanks.”
Seriously, reality has left the building for anyone who would say that Sen. Obama’s chances are ‘dwindling.’
YAAAAAAYYYYY!
Bruce gets the prize for most twisted reasoning on this thread.
What is the prize?
Silly question. The prize is a coupon for one free giant pretzel!