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U.S. appeals judge's order in Stevens case
Law Firm News/Alaska |
2009/01/17 19:55
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IN LIMBO: Explanation is not filed by attroney general.
Anchorage Daily News
The 5 p.m. eastern time deadline came and went Saturday and no explanation was filed by the Attorney General in U.S. District Court in Washington about how an Alaska-based FBI agent's complaint was handled by the Justice Department.
A Justice Department official said nothing was filed because the government appealed the unusual order on Friday by U.S. District Judge Emmet Sullivan directing Attorney General Michael Mukasey to account for the agent's complaint. A stay of Sullivan's order was granted in the District of Columbia Circuit Court of Appeals, said the official, who spoke on the condition of not being identified by name.
A copy of the appeal or the stay couldn't be obtained independently from the court on Saturday. With pre-inaugural plans and events taking over Washington, the normally difficult job of finding official information on a Saturday became nearly impossible.
Sullivan, the trial judge in whose courtroom former Sen. Ted Stevens, R-Alaska, was convicted in October of felony disclosure violations, has been dealing with a number of post-trial issues, including the complaint by FBI agent Chad Joy. Joy, one of the agents investigating political corruption in Alaska, asserted that the lead agent in the case engaged in unethical and possible illegal activities during the investigation. He also charged that Justice Department attorneys intentionally withheld information that Stevens' lawyers were entitled to.
Sullivan said he was dissatisfied with explanations from prosecutors about how Joy's complaint was handled and demanded a sworn statement from Mukasey himself or one of his top deputies. |
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Lawmakers steamed over snubbed subpoenas
Law Firm News/Alaska |
2008/01/23 06:46
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By Anne Sutton | The Associated Press
State lawmakers on Wednesday said they don't plan to pursue abuse of power findings against Gov. Sarah Palin, but they do want to know why their subpoenas were ignored in last fall's Troopergate investigation.
Some are steamed that possible witnesses, including several of Palin's top aides, snubbed a September legislative hearing into Palin's firing of her public safety director Walt Monegan.
They want to talk to Attorney General Talis Colberg about why the witnesses didn't show.
Did he tell them not to answer the subpoenas? It concerns me that if we let it go, next time we try to subpoena people, they'll think there's no authority there, said House Speaker Mike Chenault, R-Nikiski.
Colberg and Palin did not respond to requests for comment on Wednesday.
The Legislative Council last year, in an unanimous bipartisan vote, ordered an investigation into Monegan's firing, and Palin agreed to cooperate - until she was named John McCain's running mate.
Palin - through her campaign - accused lawmakers of manipulating the probe to be potentially damaging ahead of the November election.
Palin said she would cooperate only with a separate probe by the Alaska State Personnel Board.
Meanwhile Colberg, a Republican appointed by Palin, filed a lawsuit challenging the subpoenas issued in the legislative probe. He claimed the Senate Judiciary Committee had no jurisdiction to issue them and questioned whether the Legislative Council had the authority to begin a probe.
At the time, Colberg said he advised the state employees to either show up and testify or don't and join the lawsuit, which was ultimately dismissed by a judge.
House Judiciary Committee Chairman Jay Ramras, R-Fairbanks, could hold hearings as early as next week.
My own interest is in examination of the process and the relationship of the Attorney General: whether he works for the citizens of Alaska, the governor or the people whom he advised to ignore subpoenas issued by the Legislature, Ramras said.
He asked committee member and attorney Lindsey Holmes, D-Anchorage, to look into whether Colberg could refuse to testify, claiming attorney-client privilege.
Senate Judiciary Committee Chairman Hollis French, D-Anchorage, said the Senate is still discussing whether to hold hearings.
The 14 people who were subpoenaed did ultimately testify or provide written statements, which was good but doesn't undo fact that you were ordered to show up and didn't, French said.
State statute provides for fines and a maximum of six months in jail for contempt of legislative subpoenas, but French said the statute is rarely used.
The Troopergate investigation was looking into whether Palin and others pressured Monegan to fire a state trooper who was involved in a contentious divorce with Palin's sister, and then fired Monegan when he wouldn't dismiss the trooper.
Palin maintains that Monegan was ousted over budget disagreements.
Special counsel Stephen Branchflower found that Palin had abused her office but the firing was legal since Monegan was an at-will employee.
A subsequent investigation by the Alaska State Personnel Board found there was no probable cause to believe Palin or any other state official violated the Alaska Executive Ethics Act. |
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