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#76102 - 09/19/08 01:43 AM Palin's husband won't testify in trooper inquiry,
Mellowicious Offline
veteran

Registered: 05/03/06
Posts: 9573
Loc: The Great American Desert
Now it's official.

Palin's husband won't testify in trooper inquiry, campaign says.

And furthermore:
 Quote:
Alaska Gov. Sarah Palin's husband won't comply with a subpoena issued by state lawmakers who are investigating her firing of Alaska's public safety commissioner, the McCain-Palin campaign said Thursday.


And on top of that:
 Quote:
Sarah Palin's aides said she will not comply with subpoenas, either, because the governor has "declined to participate" in the inquiry, Alaska's attorney general said Wednesday


So here's my question, my lawyerly friends: refusing to comply with subpoenas -- is that, what, contempt of court? Doesn't that kind of pre-preemptively break the oath you're telling us yuou deserve to take? (Mr. Gonzales, don't answer that, please.)

If so, would it not be interesting to see a run for the VP seat by a person who is charged with contempt of court?

And finally, in order to run for the 2nd-highest office in the land while defying a subpoena for your own records -- just how big a pair do you have to have, and how loudly do they clank when you walk?


Edited by Mellowicious (09/19/08 01:44 AM)
_________________________
Julia

Curiosity killed the cat - Satisfaction brought it back

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#76105 - 09/19/08 01:53 AM Re: Palin's husband won't testify in trooper inqui [Re: Mellowicious]
pdx rick Offline
Member
Carpal Tunnel

Registered: 05/09/05
Posts: 40075
Loc: Puget Sound, WA
Why should Todd testify - Karl Rove ignores subpoenas - it's the Republican thing to do.
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#76112 - 09/19/08 03:51 AM Re: Palin's husband won't testify in trooper inqui [Re: pdx rick]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 15118
I cannot conceive of a legal basis for Todd Palin to refuse. Here's the usual problem, though: in Alaska the Attorney General is appointed by the Governor. Enforcement of subpoenas is usually the province of the Attorney General. Remember the "Saturday Night Massacre"? If the Attorney General would have the effrontery to enforce the subpoena, he would be out of a job, just like the Public Safety Commissioner that was the basis for the investigation. Remember, Monegan was appointed by Palin too.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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#76115 - 09/19/08 06:56 AM Re: Palin's husband won't testify in trooper inqui [Re: ]
a knight Offline
journeyman

Registered: 11/07/06
Posts: 754
Loc: inner mountain west
In Nevada, I do not believe the Governor has the power to fire the State's AG. It's an elective position.

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#76116 - 09/19/08 07:17 AM Re: Palin's husband won't testify in trooper inqui [Re: a knight]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 15118
Fortunately, the same is true in Washington State.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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#76117 - 09/19/08 04:56 AM Re: Palin's husband won't testify in trooper inqui [Re: ]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 15118
The appropriate provisions of Alaska law:
Sec. 24.25.030. Disobeying subpoena or refusing to testify.

If a witness neglects or refuses to obey a subpoena, or neglects or refuses to testify or to produce upon reasonable notice any material and proper books, papers, or documents in the possession or under the control of the witness, the senate or house of representatives may by resolution entered on its journal commit the witness for contempt. If contempt is committed before a committee, the committee shall report the contempt to the senate or house of representatives, as the case may be, for such action as may be considered necessary.

Sec. 24.25.040. Arrest for disobedience to subpoena.

A witness who neglects or refuses to attend in obedience to subpoena may be arrested by the sergeant-at-arms and brought before the senate or house of representatives, as the case may be. The only warrant or authority necessary authorizing arrest is a copy of a resolution of the senate or house of representatives signed by the president of the senate or speaker of the house of representatives, as the case may be, and countersigned by the secretary of the senate or the clerk of the house of representatives, as the case may be.

Sec. 24.25.080. Punishment for disobedience to subpoena or refusal to testify.

A person subpoenaed as provided in this chapter who fails, neglects, or refuses to attend at the time and place where the person's presence is required, or fails, neglects, or refuses to produce the books, papers, or instruments or other evidence designated in the subpoena, or who having attended in response to the subpoena, or having appeared voluntarily, refuses to testify as to any material and proper matter within the power of the senate, house of representatives, or a committee to investigate, upon conviction, is punishable by a fine of not less than $100 nor more than $500, or by imprisonment for not less than 30 days nor more than six months.
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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#76120 - 09/19/08 06:04 AM Re: Palin's husband won't testify in trooper inqui [Re: ]
Mellowicious Offline
veteran

Registered: 05/03/06
Posts: 9573
Loc: The Great American Desert
Thanks, NWP. A measly $500, huh? Well, it sounds a lot more impressive to a layperson like myself (can't speak for the bright laypeople who are asleep at 3AM). I think it would make for a very effective attack ad.
_________________________
Julia

Curiosity killed the cat - Satisfaction brought it back

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#76130 - 09/19/08 12:25 PM Re: Palin's husband won't testify in trooper inqui [Re: Mellowicious]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 15118
I like the idea of 6 months in jail. ;\)
_________________________
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich

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#76134 - 09/19/08 12:48 PM Re: Palin's husband won't testify in trooper inqui [Re: ]
EmmaG Offline
member

Registered: 09/16/07
Posts: 1841
Loc: Florida Piney Woods
My question is why is the campaign speaking for Todd Palin?

EmmaG
_________________________
"I believe very deeply that compassion is the route not only for the evolution of the full human being, but for the very survival of the human race." —The Dalai Lama

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#76151 - 09/19/08 03:09 PM Re: Palin's husband won't testify in trooper inqui [Re: pdx rick]
Boney_Taters Offline
newbie

Registered: 09/17/08
Posts: 263
The first dude may be a republican or he may be one of those secession party alaskans, who knows, but he is NOT an official part of her administration. Therefore, executive privelege does not apply to HIS testimony.

My solution?

Arrest his ass and throw him and it in jail.

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