Key Alaska allies of John McCain are trying to derail a politically
charged investigation into Gov. Sarah Palin's firing of her public
safety commissioner in order to prevent a so-called "October surprise"
that would produce embarrassing information about the vice presidential
candidate on the eve of the election.
In a move endorsed by the McCain campaign Friday, John Coghill, the GOP chairman of the state House Rules Committee, wrote a letter
seeking a meeting of Alaska's bipartisan Legislative Council in order
to remove the Democratic state senator in charge of the so-called
"troopergate" investigation.
Coghill charged that the
senator, Hollis French, had "politicized" the probe by making a number
of public comments in recent days, including telling ABC News that
Palin had a "credibility problem" and that the investigation into the
firing of public safety commissioner Walter Monegan was "likely to be
damaging to the administration" and could be an "October surprise."
Wrote Coghill: "The investigation appears to be lacking in fairness,
neutrality and due process."
The investigation,
authorized by the Legislative Council last July, revolves around
charges that Palin abused her power by embroiling the governor's office
in a bitter family feud involving her ex-brother in law, a state
trooper named Mike Wooten. Specifically, the council is investigating
whether Palin fired Monegan when he refused to dismiss Wooten (who at
the time was involved in an ugly custody battle with Palin's sister)
after getting repeated complaints about him from the governor and her
husband, Todd Palin. (Among the allegations that were raised against
Wooten by Palin's sister: he had Tasered his ten-year-old stepson and
shot a moose without a permit.) Palin has denied wrongdoing; Monegan
has said he believes his firing was connected to his refusal to fire
Wooten.
French, the Democrat overseeing the probe, has
hired a special counsel to determine, in effect, whether Palin "used
her public office to settle a private score," he recently said. He has
also suggested that the probe may turn up evidence that state laws were
violated by Palin's aides because they pulled confidential personnel
files on the trooper.
But Coghill, who told NEWSWEEK
that he has the backing of Republican Speaker of the House John Harris
in his effort to remove French, suggested Friday that the investigation
into Palin's firing of Monegan should be shut down entirely. "If this
has been botched up the way it has, there's a question as to whether it
should continue," Coghill told NEWSWEEK.
The move
underscored the huge political stakes in the outcome of a legislative
investigation that is being closely monitored by both the McCain and
Obama campaigns because of its potential impact on the fall election.
"How can this possibly be read as anything but a partisan attempt to
shut down a legitimate investigation that was approved and funded with
bipartisan support?" said one state Democratic legislative aide, who
asked not to be identified because of the political sensitivities.
Coghill told NEWSWEEK that he decided to write his letter to strip
French of his position on his own-without any coaxing by McCain
campaign officials.
But a top McCain campaign official
acknowledged that the GOP lawyer had given the campaign a "heads up"
about his letter and that the McCain campaign approved of the effort to
remove French.
"An investigation that was supposed to be
non-partisan has become a political circus and has gotten out of
control," said Taylor Griffin, a top communications aide dispatched
from McCain campaign headquarters to Alaska this week to monitor the
investigation and related matters. (Griffin also said that Palin has
"nothing to hide" about the Wooten matter.)
As a
further sign of the sensitivity of the probe, a lawyer for Palin told
NEWSWEEK Friday that Todd Palin, the governor's husband, was in the
process of hiring his own separate counsel to represent him in the
legislature's probe. Thomas Van Flein, Governor Palin's lawyer, would
not identify who is now representing the governor's husband. But he
sought to deflect charges that Todd Palin, a commercial fisherman and
oil company worker, had improperly intervened in state business by
inviting Monegan to the governor's office and asking him to look into
Wooten's status on the state police force. (For his part, Wooten has
acknowledged that he "made mistakes," but that he was "punished
appropriately" when he was suspended from the police force for five
days in 2006.)
In an interview on Friday, Van Flein
sought to deflect charges that Todd Palin may have acted improperly by
talking to the state public safety commissioner about Wooten. Todd was
"the governor's husband and a citizen of the state and he has every
right to an opinion as [does] everyone else," Van Flein said.
One
major reason the probe is so sensitive is that it raises the prospect
that Governor Palin's credibility could be called into a question in a
major state probe on the eve of the election. When the "troopergate"
story broke over the summer, Palin adamantly denied that anybody in her
administration exerted any pressure on Monegan to fire Wooten. But only
weeks later, a tape recording surfaced in which another one of her top
aides, Frank Bailey, was heard telling a police lieutenant, "Todd and
Sarah are scratching their heads, 'Why on earth hasn't this, why is
this guy [Wooten] still representing the department?'"
French
today acknowledged that some of his public comments about the ongoing
probe may have been out of bounds. "I said some things I shouldn't have
said," he told NEWSWEEK. But he insisted he had no intention of
stepping down because the investigation was really being conducted by
Steve Branchflower, a retired state prosecutor who was hired as the
special counsel in the probe. French also said today he had moved up
the deadline for Branchflower to produce his report. Although it was
originally due Oct. 31, the Friday before the election, it will now be
completed Oct. 10-in order to be "as far away from the election" as
possible.
In the interview with NEWSWEEK, Van Flein,
Governor Palin's lawyer, raised other objections to the troopergate
probe. He said the legislative investigation ran counter to the Alaska
Constitution because it was being conducted in secret and without
strict procedural rules. He said that in the "post-McCarthy era", he
would have expected more due process guarantees.
Van
Flein also told NEWSWEEK that as part of defense preparations for the
investigation, he had taken his own depositions from potential
witnesses—including one this week who refused to give testimony to the
Legislature's special counsel. That was Frank Bailey, the former senior
Palin aide who was recorded mentioning the concerns of Palin and her
husband that Wooten was still on the police force.
In
the deposition taken by Van Flein, which Palin's lawyer made available
to NEWSWEEK, Bailey acknowledged he had "overstepped my boundaries... I
should not have spoken for the governor, or Todd, for that matter. I
went out on my own on this discussion."
But Bailey also
confirmed in the deposition that Palin had herself raised Wooten's name
with the state police during her first security briefing after she won
election as governor in November 2006. Bailey said he sat in on the
briefing with Gary Wheeler, then head of the governor's security
detail. Wheeler asked Palin and her husband whether they were aware of
any threats against her that the new bodyguards should be concerned
about. "They specifically brought up only one person, and that was Mike
Wooten," Bailey testified. "There was a serious genuine concern about
not only their safety but the safety of their family, their kids, their
nieces, nephews, her father, regarding Trooper Wooten." Bailey
testified that Sarah Palin never asked him to do anything about Trooper
Wooten, but that Todd Palin did talk to him about "issues about Trooper
Wooten," and expressed "frustration" that the state police were doing
nothing to respond to the Palins' concerns.