Dems challenged on 'Troopergate'

Sarah Palin

A lawsuit has been filed by a Texas law firm on behalf of several state lawmakers in Alaska, seeking to have at least one financial supporter of Sen. Barack Obama removed from a team investigating "Troopergate," a series of allegations involving GOP vice presidential candidate Sarah Palin.

Palin, as governor of Alaska, has been under review by a legislative team for the removal of Walt Monegan from his former position as commissioner of the Alaska Department of Public Safety. The allegations are that she removed him for refusing to fire a state trooper going through a disputed divorce proceeding with the governor's sister.

Palin, however, has said Monegan declined to cooperate with her budgetary plan for the state and was insubordinate. She has said Monegan himself has confirmed that she never asked him to fire the trooper.

Now a lawsuit has been filed by Liberty Legal Institute seeking a halt to the investigation "because the investigators have lost the appearance of impartiality required under the Alaska Constitution."

The lawsuit seeks declaratory and injunctive relief from the courts, stating the investigation by the Alaska Legislative Council was being used to further partisan politics in violation of state law.

The lawsuit said the investigation into the Monegan's firing is being led by Sens. Hollis French and Kim Elton, with Stephen E. Branchflower as an investigator.

However, the three have pursued "partisan" actions in attempts to "smear" Palin that make the investigation impossible to continue and be perceived as fair, the lawsuit said.

"The partisan actions of Sen. French, Sen. Elton and Branchflower have tainted the investigation beyond the appearance of impartiality required under the Alaska Constitution," said Kevin Clarkson, of the firm Brena, Bell, & Clarkson and counsel in the suit.

The investigation, which began after Monegan's dismissal in July, is being led by Obama supporters, the lawsuit said. For example, Elton donated $2,000 to the Obama campaign, then failed to disclose that to the Legislative Council, Liberty Legal said.

"He continues to preside over the investigation despite his apparent personal political interest in the outcome of the investigation," the claim said. "Sen. French, the 'investigation project manager,' failed to disclose the comments he had made on a radio program criticizing Gov. Palin's termination of Monegan as 'criminal' prior to being appointed as the 'investigation project manager' and even prior to a vote to investigate at all."

And, the claim said, "Branchflower, the lead investigator, is alleged to be a personal friend of Monegan."

Hiram Sasser, director of litigation at Liberty Legal Institute and co-counsel in the case, said, "No government official should be allowed to abuse their power to advance their political or personal agenda for a smear campaign in violation of the constitutional guarantees of a fair and impartial investigation."

Sasser told WND the political allegiance of state legislators investigating the dismissal of a state employee in Alaska was less significant at its outset. But with Palin selected by GOP presidential candidate Sen. John McCain to be his running mate, things changed.

"Elton has an interest. He has something that could affect his impartiality," Sasser said. "French has been going around making all kinds of (prejudicial) statements about evidence, saying there will be an October surprise."

"Under the Alaska Constitution, everyone deserves the appearance of a fair and impartial investigation," Sasser said.

"Our lawsuit is designed to take this out of the politics, let them do things properly," he added. "At the very least, they should immediately ban these three guys from being involved in the investigation.

"If they want to continue, that's the prerogative of the Legislative Council," he said. "But it needs to be done right."

He said the action was filed today in the 3rd Judicial District at Anchorage.

According to the Wall Street Journal, the investigation of Monegan's dismissal included claims he was removed because he wouldn't fire state Trooper Mike Wooten – the governor's former brother-in-law.

Wooten had been suspended for five days in 2006 following the messy 2005 divorce from the governor's sister, Molly McCann, after authorities found he had tasered a juvenile and been involved in several other incidents of improper behavior.