McCain-Palin campaign accused of co-opting Department of Law

September 17, 2008

Attorney General Talis Colberg says state workers will not comply with subpoenas in the Legislature's investigation. (Scott Jensen/KTUU-TV)

by Jason Moore
Wednesday, Sept. 17, 2008

ANCHORAGE, Alaska-- The battle over subpoenas issued to Palin administration officials raged on Wednesday, with accusations that the John McCain-Sarah Palin campaign has co-opted the state Department of Law.

There was reaction from the head of the Legislative Council, a day after Attorney General Talis Colberg announced state workers will not comply with subpoenas in the Legislature's investigation.

Legislative Council Chair Sen. Kim Elton accused the attorney general of breaking his word on a deal the attorney general proposed. And Colberg's rejection of the subpoenas is prompting allegations that the McCain-Palin campaign has taken over the state's Department of Law.

Days before investigator Steve Branchflower appeared before lawmakers seeking subpoenas in his probe into the governor's firing of Walt Monegan, the attorney general made an offer to Elton to protect state workers from criminal prosecution if they had looked at personnel files.

Senior Assistant Attorney General Mike Barnhill wrote to Elton on Sept. 9, saying, "If the legislative council will acknowledge in writing its agreement with the department of law's interpretation, the department of law will drop its objections and the depositions may proceed without subpoenas."

Then after the hearing with Branchflower, Elton wrote back to the Department of Law agreeing.

I stipulate in my role as a chair of the Legislative Council and on behalf of the council that your interpretation of the law is correct," Elton wrote.

Elton thought he had a deal until Tuesday night when Colberg announced state workers will not testify. Colberg did not cite any legal reason for ignoring the subpoenas.

And after the announcement, officials said Colberg hopped on a plane to Kansas for a vacation.

"It appears that the department is in complete disarray," said Sen. Bill Wielechowski. "It appears that the McCain campaign is co-opting our Department of Law and basically calling the shots and I think that's pretty clear from some of the actions we've seen over the past couple of days."

In a letter to Colberg Wednesday from Elton, Elton accuses Colberg of compromising the investigation.

"In four paragraphs, you've broken a deal that was accepted by your office and received by Mr.Branchflower after the Senate Judiciary Committee issued subpoenas," Elton writes. "Further your brand new position eviscerates weeks of comments on the record by several parties, including the governor."

The governor's office issued an additional statement Wednesday evening that said "the department of law remains separate and will continue to remain separate from the presidential /vice presidential campaign."

The House and Senate Judiciary committees are scheduled to meet Friday to discuss the status of the investigation.

Contact Jason Moore at jmoore@ktuu.com

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