Posted on 07/23/2009 12:12:39 PM PDT by curth
The Associated Press story about the leaked report on the legal defense fund complaint is a clear example of media malpractice.
Rachel D’Oro erroneously reported that Gov. Palin was found in violation of the Ethics Act. That is completely false. The leaked document was a preliminary report -- the first part of a long process.
Gov. Palin’s own attorney stated:
“The resolution of the Trust Fund is not final. I have been working with the investigator regarding supplemental information. The matter is still pending. Whatever you have seen was released in violation of law. There has been no Board finding of an ethics violation and there is a detailed legal process to follow before there is a final resolution.”
Only the Personnel Board can make the final determination about whether the Ethics Act was violated. There was no violation because the governor has not taken any money from the legal defense fund. No funds have been disbursed because they were waiting for the resolution of this issue. Therefore, Gov. Palin can not be charged with something she hasn’t even done yet.
Here’s what Thomas Daniel, the independent investigator contracted by the Personnel Board, stated in his report:
In addition, my role as independent counsel for the personnel board is only to decide whether there is probable cause to believe a violation of the Ethics Act has occurred – not to reach a definitive conclusion. See AS 39.52.320. The ultimate determination of whether the governor has violated the Ethics Act can only be made by the personnel board after a formal heating and a report by the hearing officer. See AS 39.52.360-370.
In sum, I find probable cause to believe that payment of the governor’s legal fees by the Alaska Fund Trust will violate the Ethics Act prohibition against
(Excerpt) Read more at conservatives4palin.com ...
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