Judge refuses to block Alaska Troopergate probe

ANCHORAGE, Alaska (AP) — An Alaska judge has refused to block a state investigation into whether Gov. Sarah Palin abused her power when she fired her public safety commissioner this summer.

Judge Peter Michalski in Anchorage said in his ruling Thursday that much of what was raised in a lawsuit seeking to halt the probe was business left to the legislative branch.

Five Republican state legislators asked the judge to order a temporary restraining order. They said the investigation has been tainted by partisan politics.

An independent investigator hired by the Legislative Council, which authorized the probe, is expected to have his report completed by Oct. 10.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

ANCHORAGE, Alaska (AP) — A state judge heard arguments Thursday over a Republican request to block a legislative investigation into whether Gov. Sarah Palin abused her power when she fired her public safety commissioner.

Judge Peter Michalski heard from both sides in the fight over the Alaska Legislature's investigation but had not ruled by the time the courthouse closed for the day. A woman who answered the phone in Michalski's chambers said it was unclear when he would make a ruling.

The probe is looking into whether Palin, who is the Republican vice presidential candidate, and others pressured Public Safety Commissioner Walt Monegan to fire a state trooper who was involved in a contentious divorce from Palin's sister, and then fired Monegan when he wouldn't dismiss the trooper. Palin says Monegan was ousted over budget disagreements.

Five Republican state lawmakers argued that the legislative body which ordered the investigation exceeded its authority and that the probe is being politically manipulated to damage Palin before election day.

Their attorney, Kevin Clarkson, said the political bias was demonstrated by the plan of the Legislature's independent investigator to issue a report by Oct. 10 although the full legislature won't consider until reconvening in January.

For the defense, Attorney Peter Maassen said the legislature has the authority to investigate the governor as it sees fit.

"If the legislature doesn't have the ability to oversee the actions of the executive, then who does?" Maassen said. "Is there anybody in this courtroom who really wants to live in a state in which the executive is only accountable to the executive?"

Maassen represents the Legislative Council, 10 Republicans and four Democrats who authorized the investigation, and others involved in the probe.

At first, Palin agreed to cooperate, but since being picked Aug. 29 to be Sen. John McCain's running mate, she, her family and staff have instead said the legislative investigation has been compromised by politics and they would only cooperate with a separate investigation run by the Alaska State Personnel Board, whose members Palin can fire.

[Thinking Man's Idiot]

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