(UPDATED) Troopergate hearing, Part 2

Posted by Alaska_Politics

Posted: October 2, 2008 - 11:42 am

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Update: Rep. John Coghill after the hearing:

Update:

From Kyle Hopkins in Anchorage --

A quick recap of this morning’s Troopergate hearing in Downtown Anchorage:

Reporters, legislators and other observers scooted notepad-to-notepad into the cramped gallery today as each side made their case.

Peter Maassen represents Sen. Hollis French, who is overseeing the Legislature’s investigation of Gov. Sarah Palin, as well as the Legislative Council and the state-hired investigator. He argued there’s virtually no precedent for a judge striking down a lawmakers’ probe.

If the Alaska Legislature doesn’t have the power to investigate the governor, he told Judge Peter Michalski, then it’s the only one in the U.S. that doesn’t.

“Is there anyone in this courtroom who wants to live in a state where the executive (branch) is accountable only to the executive?” Maassen asked.

Anchorage lawyer Kevin Clarkson, who represents the five Republican legislators who sued to stop the Legislature’s investigation of Palin, said there’s no harm in putting the investigation on hold. The investigation has turned partisan and members of the Legislative Council who want to freeze the probe have been denied a meeting, he said.

“Do you want a Legislative branch with unchecked powers?" asked Assistant Attorney General Jan Hart DeYoung – who is on Clarkson’s side, fighting subpoenas of Palin aides in the investigation.

As for the argument that French’s statements about the investigation show it’s become partisan, the judge at one point asked Clarkson: Wouldn’t legislators who call for an investigation naturally believe something was amiss?

Clarkson had hoped to call witnesses. The judge said no.

Next to Clarkson sat Scott Hoyt – a Dallas lawyer with Gibson, Dunn & Crutcher here on behalf of the Liberty Legal Institute.

One point of debate: Did the Senate Judiciary Committee have the proper authority to issue the subpoenas? Maassen said it doesn’t matter whether the Legislature acts through a council or a committee – it still has the same broad powers of investigation.

Thomas Van Flein, the lawyer representing Palin her husband Todd, watched from the gallery, along with Sen. Fred Dyson, Rep. John Coghill. Rep. Bob Lynn and Rep. Les Gara.

It was so crowded that the judge initially shooed away anyone who was standing on the sidelines and couldn't find a seat. That group left, soon replaced by new onlookers.

Original post:

From Bill White in the newsroom:

Today’s Troopergate hearing has ended, with the judge taking the case under advisement.

Lawyers in the case said they expect state Superior Court Judge Peter Michalski to rule today, or Friday at the latest.

The state attorney general has asked Michalski to issue a temporary restraining order to block subpoenas in the legislative investigation of whether Gov. Sarah Palin abused her power in trying to get state trooper Mike Wooten, her ex-brother-in-law, fired. Also before Michalski is a petition by five Republican state legislators to stop the Legislature’s investigation.

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