ANCHORAGE, Alaska – Alaska legislators and citizens filed suit today to halt an investigation of Governor Sarah Palin and others because the investigators have lost the appearance of impartiality required under the Alaska Constitution. The Legislators have asked for declaratory and injunctive relief in the investigation, stating that the investigation is an attempt to use the Alaska Legislative Council to further partisan politics, which violates state law.
The legislators and citizens cited in their lawsuit that the investigation into the firing of former Commissioner of the Alaska Department of Public Safety Walt Monegan, led by Senators Hollis French and Kim Elton, with Stephen E. Branchflower and the Alaska Legislative Council, has involved specific prejudicial statements, and partisan politics, which is unlawful, in an attempt to smear Gov. Palin and others.
“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, Esq., of the firm Brena, Bell, & Clarkson, and counsel in the suit.
The investigation, which began after Monegan’s dismissal in July 2008, is being led by outspoken supporters of Barack Obama and members of the Democratic Party. Sen. Elton, the Chair of the Legislative Council donated $2,000 to the Obama campaign but failed to disclose this to the Legislative Council and he continues to preside over the investigation despite his apparent personal political interest in the outcome of the investigation. 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. 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.”
The suit, filed today in Alaska, was submitted to the Third Judicial District at Anchorage.