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Republican legislators sue to stop Palin investigation

by Leyla Santiago
Tuesday, September 16, 2008

ANCHORAGE, Alaska -- Five Republican legislators filed suit Tuesday in state Superior Court in an attempt to halt an investigation into abuse of power allegations against Gov. Sarah Palin, now Republican presidential candidate John McCain's running mate.

It's a 27-page lawsuit asking the court to throw out the probe.

Rep. Wes Keller, Rep. Mike Kelly, Rep. Bob Lynn, Sen. Fred Dyson, and Sen. Tom Wagoner filed the suit, which claims that the investigation has "lost the appearance of impartiality," according to a press release.

The Legislative Council's investigation into Palin's firing of Public Safety Commissioner Walt Monegan is "being driven by partisan politics" and amounts to a smear campaign, the press release says.

The probe by independent investigator Stephen Branchflower is overseen by project manager Sen. Hollis French, who has come under fire by the McCain-Palin campaign recently for comments made to the media.

Now, a handful of Republican lawmakers are turning to the courts to put an end into the probe.

The lawsuit will "get some sunshine on the investigation and the questions raised around the investigation," said Rep. Keller.

The lawsuit claims the investigation is unconstitutional, a violation of due process and separation of powers.

"This investigation, which started out with quite a bit of support, has morphed into a process that looks like it does not have constitutional authority or statutory authority to go forward," Sen. Dyson said.

But those on the Legislative Council seem to have little concern about it.

"The court has been very deferential to the power of the Legislature, and its committees, and as a function, and certainly floor action," said Sen. Lyda Green. "The Legislature decides the path in which it's going to go."

Much of the lawsuit questions the intentions and ethics of French, Branchflower, and Sen. Kim Elton, chair of the Legislative Council.

"We didn't know when this was put together that Mr. Branchflower had a relationship with Monegan and (Monegan had a relationship with) Branchflower's wife," Keller said.

The lawsuit also says the investigation has become too political and accuses French and Elton of using the probe as a way of carrying out political agendas. The complainants also point out that French has publicly supported Democratic presidential candidate Barrack Obama and that Elton has donated to Obama's campaign.

"Some of the participants in this are motivated by wanting to damage (Palin's) credibility," Dyson said.

But in a statement, Elton writes, "While the suit is a distraction, I'm comfortable with the notion that the court will review the substance of the suit and find the Council acted properly."

And French said he has no influence over the investigation. Other Legislative Council members agree.

"I think it's just an effort to divert and distract and delay good decisions, a good investigation, and I was very saddened by it," Green said.

While the courts now have a decision to make, House Speaker John Harris sent Elton a letter asking for another meeting. Harris said he wants clarification of the status of the investigation and what will happen once Branchflower turns in his findings and recommendations.

Harris said the lawsuit to end the investigation will probably come up in that meeting, but he still supports more clarification.

Elton had not made a decision by Tuesday night.

Contact Leyla Santiago at lsantiago@ktuu.com