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The Honolulu Advertiser
Posted on: Saturday, October 11, 2008

Palin abused power, panel finds

By Matt Apuzzo
Associated Press

Hawaii news photo - The Honolulu Advertiser

An Alaska investigator says Gov. Sarah Palin violated state ethics law; her attorney disagrees.

TONY DEJAK | Associated Press

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ANCHORAGE, Alaska — Gov. Sarah Palin unlawfully abused her executive power by trying to have her former brother-in-law fired as a state trooper, the chief investigator of an Alaska legislative panel concluded yesterday.

Investigator Stephen Branchflower, in a report by a bipartisan panel that investigated the matter, found Palin in violation of a state ethics law that prohibits public officials from using their office for personal gain.

The inquiry looked into her dismissal of Public Safety Commissioner Walter Monegan, who said he lost his job because he resisted pressure to fire a state trooper involved in a bitter divorce with the governor's sister. Palin, the Republican vice presidential nominee, says Monegan was fired as part of a legitimate budget dispute.

The report found that Palin let the family grudge influence her decision-making even if it was not the sole reason Monegan was dismissed.

"I feel vindicated," Monegan said. "It sounds like they've validated my belief and opinions. And that tells me I'm not totally out in left field."

Branchflower said Palin violated a statute of the Alaska Executive Branch Ethics Act.

"I disagree," said Palin attorney Thomas Van Flein. "In order to violate the ethics law, there has to be some personal gain, usually financial. Mr. Branchflower has failed to identify any financial gain."

The statute says "any effort to benefit a personal or financial interest through official action is a violation of that (public) trust."

Under Alaska law, it is up to the state's Personnel Board — which is conducting its own investigation into the matter — to decide whether Palin violated state law and, if so, must refer it to the Senate president for disciplinary action. Violations also carry a possible fine of up to $5,000.

The politically charged inquiry imperiled her reputation as a reformer on John McCain's Republican ticket.

Palin and McCain's supporters had hoped the inquiry's finding would be delayed until after the presidential election to spare her any embarrassment and to put aside an enduring distraction as she campaigns as McCain's running mate in an uphill contest against Democrat Barack Obama.

But the panel of lawmakers voted to release the report, although not without dissension. There was no immediate vote on whether to endorse its findings.

"I think there are some problems in this report," said Republican state Sen. Gary Stevens, a member of the panel. "I would encourage people to be very cautious, to look at this with a jaundiced eye."

Yesterday, McCain's campaign released a statement that accused Monegan of "multiple acts of insubordination" and called his firing a "straightforward personnel decision."

8-WEEK INVESTIGATION

The state paid Branchflower, a retired state prosecutor, $100,000 to prepare the nearly 300-page report. He interviewed or accepted affidavits from about two dozen people in the eight-week investigation.

The investigation revealed that Palin's husband, Todd, has extraordinary access to the governor's office and her closest advisers. He used that access to try to get trooper Mike Wooten fired, the report found.

Branchflower faulted Sarah Palin for taking no action to stop that. He also noted there is evidence the governor herself participated in the effort.

Wooten had been in hot water before Palin became governor over allegations that he illegally shot a moose, drank beer in a patrol car and used a Taser on his stepson.

In proceedings revealed by the report, former Alaska State Trooper Col. Julia Grimes told investigators that Sarah Palin called her in late 2005 to discuss why Wooten hadn't been fired, and Grimes told her the inquiry was confidential by law.

"Her questions were how can a trooper who behaves this way still be working," Grimes said. "I asked her to please trust me, that because I can't tell her details I would ask her to please trust me that I would take the appropriate action if and when I knew what the findings were. … I couldn't have another conversation with her about it because, again, it's protected by law."

Grimes said Todd Palin also contacted her by telephone in late 2005 to discuss the confidential investigation of Wooten.

Wooten's disciplinary case was settled in September 2006 — months before Palin was elected governor — and he was allowed to continue working as a trooper.

Bloomberg News Service contributed to this report.