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Subject The Bush/McCain/Palin contempt for subpoenas and the rule of law - "..a continuation of the worst abuses of bush/Cheney.."
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Original Message >>snip: "All of this unmistakably signals that a McCain/Palin administration would mean a continuation of the worst abuses of the Bush/Cheney administration."

Glenn Greenwald

Friday Sept. 19, 2008 08:19 EDT

The Bush/McCain/Palin contempt for subpoenas and the rule of law

Bill O'Reilly, Wednesday night, calling for the arrest of Gawker's owners and managers:

The website knows the law, and says "you know -- I'm going to do it anyway. I dare you to come get me."
Associated Press today, on Todd Palin's refusal to comply with the Alaska State Senate's subpoena:
Alaska Gov. Sarah Palin's husband has refused to testify in the investigation of his wife's alleged abuse of power, and key lawmakers said Thursday that uncooperative witnesses are effectively sidetracking the probe until after Election Day.

Todd Palin, who participates in state business in person or by e-mail, was among 13 people subpoenaed by the Alaska Legislature. Palin's lawyer sent a letter to the lead investigator saying Palin objected to the probe and would not appear to testify on Friday. . . .

Ignoring a legislative subpoena is punishable by a fine up to $500 and up to six months in jail under Alaska law. But courts are reluctant to intervene in legislative matters and the full Legislature must be in session to bring contempt charges, Wielechowski said. The Legislature is not scheduled to convene until January.

It is illegal in the State of Alaska to fail to comply with legislative subpoenas. But Todd Palin has announced he will do exactly that which the law prohibits for one simple reason -- because nothing can be done about it until after the election, and even then, it's unlikely much will be done to punish him for breaking the law. Sarah Palin has similarly ordered all of her aides to refuse to comply with these subpoenas even though doing so is illegal, because she, too, doubts there will be consequences for this illegal behavior. Or, as Bill O'Reilly put it in his righteous Rule of Law tirade: "I'm going to do it anyway. I dare you to come get me."

There is no doubt that the Legislature has the right to investigate and that these Subpoenaas are lawfully issued. Before Palin was selected as McCain's running mate, virtually everyone in Alaska -- including her -- agreed that the Legislature could and should investigate these allegations. From The Anchorage Daily News, July 29, 2008:

"The governor has said all along that she will fully cooperate with an investigation and her staff will cooperate as well," [Palin spokeswoman Sharon] Leighow said. . . .

Supporters as well as detractors of the Republican governor generally agreed the legislative investigation is needed into the circumstances leading up to Monegan's dismissal. . . .

Sen. Gene Therriault of North Pole, leader of the small Republican Senate minority that generally has backed Palin's policies, said he expects the governor will cooperate, and if she's cleared, the investigation could strengthen her. . . . Senate President Lyda Green, a Wasilla Republican and member of the Legislative Council, said the investigation is "absolutely" needed.

In August, Palin even praised herself for only suspending, rather than firing, one of her top aides who demanded -- in a recorded telephone call -- that the Police Commissioner fire her ex-brother-in-law by making this argument: "'While he is a state employee the governor can direct him to cooperate with [the Legislature's investigator], fulfilling her pledge that the administration will cooperate fully with the investigation,' [Palin spokesman] McAllister said."

But now, with the heavy involvement of the McCain campaign, Gov. Palin has embraced core GOP "principles" -- political officials can unilaterally exempt themselves from the rule of law and the people, through their elected representatives in the legislature, are powerless to learn what their political leaders have done. That, of course, has been the guiding principle of the Bush administration -- as one Bush official after the next has simply refused to comply with Congressional subpoenas as part of investigations into serious allegations of lawbreaking and other wrongdoing -- and the McCain campaign and the Palins are leaving no doubt that they are full-fledged believers in these corrupt and lawless prerogatives.



[link to www.salon.com]
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