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L.A. BRONCOS FAN
09-13-2008, 07:56 AM
ANCHORAGE, Alaska - Alaska lawmakers voted Friday to subpoena the husband of Gov. Sarah Palin, the Republican vice presidential candidate, in a move that transformed a messy state personnel issue into a national campaign controversy.

The lawmakers acted at the request of Stephen Branchflower, who is in the midst of an investigation into the governor's dismissal of the state's director of public safety.

Branchflower said he also wants to interview the governor, but omitted her from the 13-person list of subpoena targets he presented to the lawmakers overseeing his investigation.

Branchflower said Todd Palin is "such a central figure. ... I think one should be issued for him."

Thomas Van Flein, a private attorney hired to represent the governor, did not immediately return calls for comment.

Two Democrats and one Republican voted for the subpoenas, rejecting attempts by the other two Republicans on the panel to delay them until after the November election.

Sen. Charlie Huggins, a Republican from Palin's hometown of Wasilla, appeared in camouflage pants on a short break from moose hunting to cast his vote. He lamented the political maneuvering that he saw as trying to interfere with the investigation.

"I see all this duck-foot action under the water," Huggins said. "Let's just get the facts on the table.

The Legislature hired Branchflower to examine whether Palin ousted her public safety commissioner in July because he had refused to fire state trooper Mike Wooten. Wooten went through a messy divorce from Palin's sister, and the investigation essentially is looking at whether Palin used her power to try to settle a personal score.

One member of Palin's administration was caught on tape discussing personal information about Wooten, raising questions of how he knew those details.

The investigation — known as "Troopergate" — began before Palin was chosen as Sen. John McCain's running mate. Since then, Palin's supporters have argued that the investigation is politically motivated, and urged lawmakers to turn the matter over to the three-member State Personnel Board, which is appointed by the governor and charged with handling ethics complaints.

Palin has said she fired the commissioner, Walt Monegan, over disagreements about budget priorities. Monegan says he received repeated e-mails and phone calls from Palin, her husband and her staff expressing dismay over Wooten's continued employment.

Branchflower also asked for a subpoena for the phone records of one Palin administration official, Frank Bailey. Bailey was recorded calling an Alaska State Trooper lieutenant and discussing confidential information about Wooten, including his job application and worker's compensation claim. In a deposition taken by Palin's attorney, he testified that he never saw Wooten's file, but instead received the information from Todd Palin.

http://www.msnbc.msn.com/id/26677221/

Bronco_Beerslug
09-13-2008, 06:05 PM
Ethics Adviser Warned Palin
About Trooper Issue (http://online.wsj.com/public/article/SB122109403841221751.html?mod=special_page_campaig n2008_topbox)

Letter Described Situation as 'Grave,' Called for Apology
By JIM CARLTON
September 11, 2008; Page A8

ANCHORAGE, Alaska -- An informal adviser who has counseled Gov. Sarah Palin on ethics issues urged her in July to apologize for her handling of the dismissal of the state's public safety commissioner and warned that the matter could snowball into a bigger scandal.

http://s.wsj.net/public/resources/images/NA-AS425_TROOPE_D_20080910173934.jpg
Associated Press
Alaska State Trooper Mike Wooten (right) answers questions about the 'Troopergate' investigation on Tuesday.

He also said, in a letter reviewed by The Wall Street Journal, that she should fire any aides who had raised concerns with the chief over a state trooper who was involved in a bitter divorce with the governor's sister.

In the letter, written before Sen. John McCain picked the Alaska governor as his running mate, former U.S. Attorney Wevley Shea warned Gov. Palin that "the situation is now grave" and recommended that she and her husband, Todd Palin, apologize for "overreaching or perceived overreaching" for using her position to try to get Trooper Mike Wooten fired from the force.

Mr. Shea was acting on his own in writing the letter, with no official capacity. In late 2006, Gov. Palin asked him to co-write an ethics report for Gov. Palin with then-House Democratic leader Ethan Berkowitz that recommended new financial-disclosure rules for elected and appointed officials in the statehouse. That report served as a key document for the ethics bill she later signed into law.

After his initial letter in July, Mr. Shea followed up with another letter, dated Aug. 4, in which he told Gov. Palin that she probably couldn't legally shun a legislative investigation into the firing of Public Safety Commissioner Walt Monegan.

Gov. Palin has taken the opposite tack, hiring a private attorney to advise in a matter that has become known as "Troopergate." Seven Palin administration employees have refused to meet with the independent investigator. The McCain-Palin campaign has argued that the state legislature has no right to look into the matter. Palin spokesmen say the state personnel board is the appropriate investigative body, setting up a showdown between the state's legislative and executive branches.

The McCain-Palin campaign referred comment on the letters to the governor's office, which confirmed receipt of them. "While we can't always act on every idea, Gov. Palin thanks Mr. Shea for his counsel," Sharon Leighow, the governor's deputy press secretary, said in a statement.

Members of the House and Judiciary committees overseeing the probe -- which lawmakers want wrapped up by early October -- meet Friday to consider issuing subpoenas to the governor's staff.

Mr. Shea, in his Aug. 4 letter, warned Gov. Palin against taking her current approach. "My feeling is this is not a personnel matter. It doesn't have anything to do with the governing of the state of Alaska," he said in an interview this week.

The governor has denied any wrongdoing in the matter and said the commissioner was removed over an unrelated budget dispute. After bipartisan committees of the state legislature in late July approved $100,000 to hire an independent investigator to see if any laws were broken, Gov. Palin pledged the full cooperation of herself and her staff.

Bronco Bob
09-13-2008, 06:21 PM
It's almost never the original crime that gets them. It's usually the cover-up.

TheDave
09-13-2008, 06:59 PM
Can a husband be supoenaed to testify against his wife?

W*GS
09-13-2008, 07:02 PM
Can a husband be supoenaed to testify against his wife?

I don't think so.

ScottXray
09-13-2008, 07:17 PM
Probably not, but he can be questioned about HIS involvement. He made several calls and e-mails promoting the firing , and also is involved in passing confidential information about the Ex husbands personnel records to several of her aids. He will probably just use the ""I can't remember", I don't recall excuse anyway.

How HE got the information has to be explained also.

Bronco_Beerslug
09-13-2008, 07:55 PM
Can a husband be supoenaed to testify against his wife?Some states yes, some no.

Drek
09-13-2008, 08:25 PM
Can a husband be supoenaed to testify against his wife?

Most states offer spousal privilege, so anything exchanged between the two in a private setting as husband and wife would be off limits.

It is completely irrelevant if he was in a representative capacity to her gubernatorial office though, as then it is communication between one state employee to the next. Just because nepotism was applied in the hiring doesn't make it sacred ground.

If Alaska does offer spousal privilege this is one case where even a mediocre lawyer should be able to have it waived.

W*GS
09-13-2008, 09:06 PM
Some states yes, some no.

Nope.

http://en.wikipedia.org/wiki/Spousal_privilege

Spider
09-14-2008, 04:31 AM
Can a husband be supoenaed to testify against his wife?

Absolutely not .........

Bronco_Beerslug
09-14-2008, 05:44 AM
Nope.
http://en.wikipedia.org/wiki/Spousal_privilegeMost states abolish that privilege in domestic cases. I haven't checked the latest state laws regarding spousal privilege on other crimes.

EDIT: Just a quick check shows Ohio allows testimony against each for cases involving their children, bigamy, neglect, etc...

No person is disqualified as a witness (http://codes.ohio.gov/orc/2945.42) in a criminal prosecution by reason of the person’s interest in the prosecution as a party or otherwise or by reason of the person’s conviction of crime. Husband and wife are competent witnesses to testify in behalf of each other in all criminal prosecutions and to testify against each other in all actions, prosecutions, and proceedings for personal injury of either by the other, bigamy, or failure to provide for, neglect of, or cruelty to their children under eighteen years of age or their physically or mentally handicapped child under twenty-one years of age.

CONT.