Sept. 11 (Bloomberg) -- The Alaska Attorney General's office told lawmakers probing Governor Sarah Palin's firing of the state's top police official that their authority and motivations are suspect, and state lawyers may ``move to quash subpoenas'' that legislators may issue tomorrow.

``The eyes of the nation have now turned upon us,'' senior Assistant Attorney General Michael Barnhill wrote. ``We think there is a legitimate concern that this investigation is no longer being conducted in a fair manner.''

Barnhill complained in a seven-page letter about public comments made by Hollis French, a Democratic senator, that Palin or her aides may have broken the law by allegedly obtaining personnel files of the fired state public safety commissioner, Walt Monegan.

Attorney General Talis Colberg, a Palin appointee, recused himself in the case. Barnhill works for Colberg.

The Sept. 9 letter to Alaska State Senator Kim Elton, a Democrat, and other lawmakers signals that the so-called Troopergate investigation may not be completed until well past its Oct. 10 target date and the Nov. 4 election in which U.S. voters will decide whether Palin becomes vice president under John McCain. French didn't return calls seeking comment.

Lawmakers are reviewing whether Palin dismissed Monegan on July 11 after he resisted pressure to fire a state trooper, Mike Wooten, who was involved in a contentious divorce from the governor's sister.

Monegan Firing

Monegan told the Anchorage Daily News that the pressure came from Palin, her husband, Todd, and some of her aides. Palin has denied exerting any pressure on Monegan and says she dismissed Monegan to take the department in a new direction.

Barnhill said the move by legislators to issue subpoenas went against a clause in the state's constitution written to protect people's reputations from being smeared by McCarthy-like hearings. Alaska became a state in 1959, a few years after hearings led by Wisconsin Senator Joseph McCarthy ruined the careers of many government employees who were accused of having ties with the Communist Party.

Barnhill's letter cited a reference to the McCarthy hearings from the state's constitutional convention.

At odds with the legislature, the posture of Palin's attorney general's office could precipitate a ``little mini constitutional crisis,'' Jay Ramras, a Republican representative who chairs the House Judiciary Committee, said in a phone interview. ``It's a shame because Alaska is going to air its dirty laundry in front of the national public in a politically charged environment.''

`Diminish the Reputation'

``We have to prevent this because it is going to diminish the reputation of Alaska,'' Ramras said.

Since McCain picked Palin, seven Palin aides have declined to be interviewed on the matter by an investigator hired by the Alaska legislature, according to the House and Senate Judiciary committees, which are scheduled to meet tomorrow in Anchorage to decide whether to issue subpoenas.

Barnhill said in the letter that it is legal and part of the governor's job for her and her staff to review personnel files, though such files could theoretically ``be handled inappropriately.'' He added, however, that, ``At this point, the Department of Law knows of no evidence that suggests that any Department of Administration employees violated the State Personnel Act in handling Trooper Wooten's personnel file.''

Dispute Subpoenas

Barnhill said he may take the matter to court if members of the Legislative Council don't give written assurance that they agree with his reading of the law -- and that the Palin administration is not in danger of prosecution.

``The stakes for these'' employees, Barnhill wrote, ``are high,'' because if French's ``apparent legal view is correct, it is theoretically possible that these employees could be subjected to criminal prosecution and forfeiture of their jobs'' if found to have violated the law.

Barnhill also questioned the legislative investigation on an array of other grounds, including the selection of its investigator, its tactics, indications that it is broadening to ``new and unidentified targets,'' alleged prejudging of the case, and -- with the presidential election drawing near -- its timing.

``We continue to recommend that our clients cooperate with the investigation,'' assuming the Legislature doesn't ``completely abrogate its responsibilities,'' Barnhill wrote.

``But we reserve the right to revisit whether the public interest is truly being served by the manner in which this investigation is currently being conducted,'' he wrote.

To contact the reporter on this story: Timothy J. Burger in Anchorage at tburger2@bloomberg.net; Tony Hopfinger in Anchorage at thopfinger@gci.net

Last Updated: September 11, 2008 07:51 EDT