Tuesday, the governor went on the offensive as she made a legal filing to have the Alaska personnel board review her firing of former Public Safety Commissioner Walt Monegan. According to the governor's attorney, Thomas Van Flein, the subject of whether Governor Palin abused her powers is not in the jurisdiction of the Legislature and in fact is up to the Alaska personnel board to investigate.
"I believe that the legislative council is acting extra-constitutionally that there is no statutory basis or constitutional basis for the
legislative council to act as a secret grand jury," said Van Flein.Van Flein says although Governor Palin has nothing to hide, she is insisting the investigation be conducted fairly and consistent with Alaska statutes and this is why the process should be shifted to the personnel board.
"The governor wants an open, fair, transparent process to look into this," said Van Flein. "She is demanding that her name be cleared. The only way to do that under state law is to follow the very process the Legislature itself created."
Senator Hollis French, who is leading the state investigation, says the governor's request to suspend the legislative council's investigation is unfortunate and, despite the filing to move it to the personnel board, the investigation will continue.
"We would like to get a September statement from the governor," said French. "I think that's fair. That gives them 30 days to work out a one or two hour time frame to make her available to Mr. Branchflower."
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National media reports have been accusing the McCain camp of applying
pressure to stall the investigation report, which will say whether or not the governor abused her powers. According to those involved, that's not the case."I haven't had any contacts with any of those folks at all. They haven't tried to pressure me at all," said Representative John Harris from Valdez.
"As far as I know, Governor Palin has been an open book on this and continues to let the process run its course," said Rick Gorka, a spokesperson for the McCain campaign.
The McCain camp says they are not interfering with the investigation. They say it's not an issue, as Palin did nothing wrong. They say, just ask Walt Monegan.
"Just like Walt said, I think I will keep referring to his quote," said Gorka. "I think he would
know better than anyone on this issue that no one ever said to fire him, not the governor, not the husband, and nobody on staff."But as special investigator Steve Branchflower continues his work over whether Palin violated rules with pressure to fire Trooper Michael Wooten, legislators stress this will be done in a fair and timely manner.
"This is not a witch hunt. This is purely, 'Has there been an abuse of powers? Has the governor overreached the powers of the administration in dealing with personnel matters?'" said Harris.
"It's a highly charged atmosphere, but we are just trying to get our job done in a fair way," said French.
When asked by CBS 11 News Tuesday why the governor is asking for the investigation to be
reviewed by the Alaska personnel board now, instead of back in July when the investigation began, Governor Palin's attorney had no response.As this story continues, Investigator Branchflower was told in a letter by Van Flein dated September 2, 2008, that because Branchflower attempted to directly contact Todd Palin, on a secure and confidential line, they may be obligated to report this to the Secret Service because it represents a serious security breach. In regards to the state investigation, the legislative council is hoping to have a conclusion much sooner than the expected October 31st deadline.
To contact Corey, call 907-273-3186.




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