TROOPERGATE: Justices may rule today whether investigation can proceed.

[Bigleaf]

The justices, who weren't shy about questioning lawyers on both sides of the case, said after a 1½-hour hearing they'd take it under advisement.

But they're expected to render a decision sometime today because tomorrow is when the Legislature's independent investigator, Steve Branchflower, is due to deliver his report, which legislators could make public right away.

Local attorney Kevin Clarkson argued for the six Republican lawmakers -- Rep. Carl Gatto of Palmer, Rep. Wes Keller of Wasilla, Rep. Mike Kelly of Fairbanks, Rep. Bob Lynn of Anchorage, Sen. Fred Dyson of Eagle River, and Sen. Tom Wagoner of Kenai.

Clarkson, who was up first, didn't speak long before the justices began firing questions at him.

Justice Daniel Winfree asked how Clarkson figured his clients had any standing to sue based on the notion an unconstitutional investigation violates the individual rights of others, chiefly Palin's.

Because this is a case of "public significance," Clarkson replied.

"Is this one of public significance or just one of public interest?" Winfree shot back.

"It's both," Clarkson said.

Later, Justice Robert Eastaugh asked, "What are we to make of the fact" that a bipartisan panel voted unanimously to conduct the investigation?

http://www.adn.com/news/alaska/story/550352.html

[Blue_In_AK]

1. Chief Justice Dana Fabe recused herself

from this because her husband (one of my former bosses) represented a witness (unnamed) in this matter. Only one justice was appointed by Palin, and he may possibly go in her favor, but even if it's a 2-2 tie, my understanding is that the lower court's ruling will stand.

See Celtic Diva's analysis of the "amicus brief" filed by the Liberty Legal Institute (Dobson's people) in this matter for a real giggle. http://divasblueoasis.com/showDiary.do?diaryId=159

I doubt that our Supreme Court will give much weight to a brief filed by a bunch of Outside wacko fundie "lawyers." :rofl:

[speedoo]

2. What are you hearing about Branchflowers' report?

I am particularly interested in the interference in Wooten's disability claim... I'm hoping that's a big part of it.

[Disturbed]

3. Wooten's disability claim & the obstruction is a more important

matter. Gov. Palin needs to be Impeached.

[Blue_In_AK]

5. There haven't really been any leaks.

I'm not sure if the scope of his investigation was limited by the legislature to Walt Monegan's dismissal or if Branchflower was permitted to go more broadly into "abuses of power," which the worker's compensation interference certainly was.

[speedoo]

7. My take would be that the disability claim interference was directly...

related to Monegan's dismissal since it was about Wooten. It should not be difficult for Branchflower to make the connection, IMO.

[Blue_In_AK]

9. I agree with you.

I just don't know how narrowly focused he was supposed to be. I personally hope it ALL comes out, and that she gets her little hiney impeached when she comes back here.

[Jersey Devil]

4. yes, a tie leave the lower court ruling intact (nt)

[Bigleaf]

6. I didn't know the chief justice recused herself. Upon hearing this was appealed I did a search here

on DU and saw a post of yours from, I believe 2006, in which you said you know the judge and said good things about her and I was happy after reading that. Anyhow, what an interesting bunch of right wing, religious whacko lawyers who filed that brief. I love Michael Livingston, who met "The Great One". Scary stuff. I hope you are correct and we can get at least a 2-2 tie.

[Blue_In_AK]

8. Yeah, Dana's great.

I've known her since about 1977. She was particularly in love with my middle daughter, who was just a baby at the time, and coincidentally grew up to become a lawyer who is now practicing in LA. I hadn't realized that she recused herself from this case either until I saw a reference to it in one of the comments at the ADN this morning. I tracked it down to a CNN report.

As for the Liberty Legal Institute lawyers, Celtic Diva's research was indeed fascinating. We can't wait to get these idiots, along with the truly horrible Ed O'Callaghan of the "Palin Truth Squad" out of our state. It's like they're holding us hostage.

[ShortnFiery]

10. As Palin's Witch Hunter would pray, "Lord make a way! ... to convict her corrupt ass. eom