By Tony Hopfinger
Oct. 3 (Bloomberg) -- Alaska Republican lawmakers and the state attorney general lost their bid to block a legislative investigation of Governor Sarah Palin's firing of the state police chief.
In his ruling yesterday, issued minutes before the start of the vice-presidential debate, Alaska state court Judge Peter Michalski said the Alaska Legislative Council can move ahead with its investigation, including having the state Senate Judiciary Committee subpoena Palin aides to testify.
``It is legitimately within the scope of the Legislature's investigatory power to inquire into the circumstances surrounding the termination of a public officer,'' Michalski wrote in his ruling.
Lawyers representing five Republican lawmakers and Attorney General Talis Colberg argued this morning in court in Anchorage that the probe has become tainted by politics. The case became one of national importance after Republican presidential nominee John McCain picked Palin as his running mate.
The five lawmakers and Colberg filed separate challenges to the probe that were combined into one case. Colberg sued to quash subpoenas for testimony from Palin's aides issued by the Judiciary Committee. Michalski ruled against Colberg's request.
``It's a great day for the (Alaska) Constitution,'' Peter Maassen, representing a group of lawmakers who initiated the probe, said after the ruling.
``This decision is dangerous because it robs every Alaskan of the protection specifically provided by the Alaska Constitution,'' Kevin Clarkson, a lawyer representing the five Republican lawmakers, said in a statement.
A message left with Alaska attorney general's office wasn't returned.
July 11 Firing
On July 31, the Alaska Legislative Council, a bipartisan committee that conducts business when the Legislature isn't in session, began the probe into Palin's July 11 firing of Alaska Public Safety Commissioner Walt Monegan.
The police chief said he was dismissed for refusing to fire state trooper Mike Wooten, who was involved in a divorce and custody battle with Palin's sister.
Palin and her supporters say the legislative probe is politically biased. She is cooperating with a separate investigation conducted by the state Personnel Board.
The Legislative Council, headed by Democrats, has called for the probe to be completed by Oct. 10, less than a month before the presidential election. Republicans on the Judiciary Committee and other lawmakers want it pushed back after the election.
Seven Palin aides failed to show last month to testify to the Legislature's special investigator after they were subpoenaed by the Judiciary Committee. Monegan claims some of the aides pressured him to fire Wooten.
Contempt Vote
State Senator Hollis French, the Judiciary Committee chairman overseeing the Legislative Council's investigation, said yesterday in a phone interview that the Legislature could vote to hold Palin's aides in contempt when it reconvenes in January.
French, a Democrat, has come under attack by Republicans, who claim he has politicized the investigation. French said the judge's ruling was ``very gratifying'' and declined to comment further.
The governor's husband, Todd Palin, also has ignored a subpoena, arguing that the Legislature isn't the appropriate body to investigate the matter. He filed his objections directly with the Legislature's investigator and wasn't part of the suit leading to yesterday's ruling.
To contact the reporter on this story: Tony Hopfinger in Anchorage at thopfinger@gci.net.
Last Updated: October 3, 2008 00:01 EDT
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