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Report: Palin Misused Legal Defense Fund [Updated WaPo report with lawyer comments]
WaPo ^ | July 20, 2009 | Chris Cillizza

Posted on 07/21/2009 8:40:57 PM PDT by Al B.

Update, 10:15 p.m.: Randy Evans, the attorney who helped Palin set up the Alaska Trust Fund, released a statement moments ago dismissing the allegation that there was any impropriety in its founding as "absolutely untrue".

Added Evans: "It was specifically patterned after well recognized trusts of prior Presidential candidates as well as high profile public servants. As with other public servants, there is no impropriety in the creation or operation of such a trust and any suggestion to the contrary is candidly absurd."

Evans, a partner in the firm of McKenna, Long & Aldridge, is a well known Republican attorney, having served as outside counsel to then Speakers Newt Gingrich (Ga.) and Dennis Hastert (Ill.).

Update, 9:35 p.m.: Palin's attorney, Thomas Van Flein, has released a second statement making clear that the soon-to-be-former Alaska governor is looking into her legal options.

Van Flein promised that he would be "contacting the appropriate authorities for review and action."

(Excerpt) Read more at voices.washingtonpost.com ...


TOPICS: News/Current Events; Politics/Elections; US: Alaska
KEYWORDS: justsaynotomitt; palin; pds; racheldoro; waronsarah; whenmittbotsattack
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1 posted on 07/21/2009 8:40:57 PM PDT by Al B.
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To: Al B.

More lies and BS from Obama’s eunuchs at the WaPo.


2 posted on 07/21/2009 8:42:29 PM PDT by FlingWingFlyer (WWTHD - What Would The Hondurans Do?)
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To: Al B.

I’m getting so sick of the leftist bastards.

It really makes me want to smash one like a tick.


3 posted on 07/21/2009 8:43:48 PM PDT by Ghost of Philip Marlowe (It's soft tyranny, folks. It's smiley-faced fascism.)
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To: Al B.

This is just ridiculous. The state doesn’t have a department to take care of it, so she is supposed to pay for it out of her own pocket? How? And then she is criticized for resigning?


4 posted on 07/21/2009 8:44:53 PM PDT by conservative cat (America, you have been PWNED!)
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To: conservative cat

From Conservatives4Palin.com

PLEASE READ THIS AND SPREAD THE WORD

http://www.conservatives4palin.com/2009/07/latest-ethics-nonsense-ap-gets-it-wrong.html

It is being incorrectly reported that Gov. Palin was found to have violated the Ethics Act. This is a complete lie! All you have to do is read the 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 a public officer accepting gifts intended to influence performance of official duties.

[...]

I can recommend that corrective action be taken to resolve this complaint without the necessity of a formal hearing on the matter. See AS 39.52.330. My recommendation is that the governor should refuse to accept payment of her legal fees and costs from the Alaska Fund Trust and withdraw her authorization for the trust to be recognized as her “official” legal defense fund. I also recommend that she seek reimbursement from the state for the cost of defending the ethics complaints that have been dismissed.

I also recommend that the legislature consider amending the Ethics Act to require the state to reimburse a public official for reasonable legal fees and costs incurred to defend against an Ethics Act complaint that is dismissed. [emphasis added]

++++++++++++++++++++++++++++++++++++++++++++++++++

Did you get that? The independent investigator, Thomas Daniel, is not finding the governor in violation of the Ethics Act. Only the Personnel Board can make such a ruling, and Daniel actually recommends that no ruling is necessary. Gov. Palin has not accepted one dime of money from the legal defense fund yet. How can she be in violation of the Ethics Act for something she hasn’t even done yet? You can’t charge her with a violation for a future act! The language Daniel uses is future tense “will violate” — not violated.

Daniel recommends not accepting the funds and instead having the state pay for the legal bills incurred by the dismissed complaints (which is basically all of them). What poetic justice this is. Ordinary Americans from all over the country (and Alaska) gave money to pay these bills, but now the people of Alaska will be stiffed with the bill. Are Alaskans angry about these frivolous ethics complaints yet? Are you guys finally ready to take a stand? Enjoy paying for Andree McLeod’s hobby and obsession.

I’m not at all convinced that the Alaska Fund Trust will be forced to disband and return the money. I’m sure Gov. Palin’s attorney will counter this report. I’m sure it will be resolved. But if it does have to be disband and the money returned, then guess what? We’ll set up a new one for Sarah Palin as just a plain old citizen. And we’ll raise even more!

Congratulations once again to the nutters in Alaska who have turned the state’s Ethics Act into a joke. I sure hope that the Democrats up there fix the crazy loop holes in the Executive Branch Ethics Act before any Democrat is elected governor because anyone from anywhere can file an ethics complaint against the governor of Alaska without paying a penny, and there are a lot of people just itching for a tit for tat on this.


5 posted on 07/21/2009 8:51:16 PM PDT by ak267
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To: Al B.

Five more days. Then Sarah is Unleashed, you &^%%heads.


6 posted on 07/21/2009 8:57:23 PM PDT by Mamzelle (No cure for the common scold)
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To: Al B.

Here’s a pretty simple question, how can she “misuse” funds that she hasn’t even gotten access to yet. She hasn’t even seen the money. How can you misuse something you don’t have


7 posted on 07/21/2009 9:00:49 PM PDT by Sarah Barracuda
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To: Ghost of Philip Marlowe
Typical smear template: attack your opponent with false allegations. Force them to set up a defense fund to refute them. Then allege that they're misusing the very funds meant to defend themselves against the allegations. Simple-minded, but effective.

I'm glad you can control those aggressive impulses of yours. My doctor has me on meds to help me with mine.

I forgot to take them tonight. I'm sure I'll probably forget to take them at a very unfortunate time in the future. Depending on whose side fortune favors.


8 posted on 07/21/2009 9:01:29 PM PDT by Viking2002 (Ted Nugent for Attorney General '12. You Know You Want It.)
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To: Mamzelle
Liberals can't help themselves. In just the same way they've over reached in Government they've over reached in attacking Gov. Palin. The result will be (and is) a public backlash.
9 posted on 07/21/2009 9:01:52 PM PDT by Rational Thought
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To: Al B.
We'll see the kitchen sink thrown at her over the next five days. After that...

Our turn.

10 posted on 07/21/2009 9:02:36 PM PDT by Billthedrill
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Comment #11 Removed by Moderator

To: Rational Thought

The backlash is already happening. Her poll numbers with women and Independents have improved markedly in just the last 30 days. They’ve actually been ticking up since April.


12 posted on 07/21/2009 9:03:58 PM PDT by Al B. (Dennis Miller on why he loves Sarah Palin: "She bugs all the right people")
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To: Al B.

“I also recommend that she seek reimbursement from the state for the cost of defending the ethics complaints that have been dismissed.”

I bet Alsakans are psyched that they will be on the hook for these baseless complaints. Of all the complaint this is the best one to violate as shown below.

MSM: Ex-Governor Palin, Isn’t it true that you committed an ethics violation.

SP: Yes, it’s true that I didn’t want Alsakans to pay for baseless attacks funded by the DNC.


13 posted on 07/21/2009 9:07:18 PM PDT by Lou Budvis (Stupid mom-jeans wearing, dictator-appeasing, pitch-bouncing marxist.)
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To: ak267
Daniel recommends not accepting the funds and instead having the state pay for the legal bills incurred by the dismissed complaints (which is basically all of them).

Since there is NO current statute in Alaska which requires the state to comply with this recommendation, this "reimbursement" idea is pure unadulterated BS. It's simply window dressing to make this hit job appear less like the POS attack job it is.

What will happen? As soon as Sarah Palin leaves the Governor's Mansion, the Alaska legislature will pass such a law, TO PROTECT FUTURE POLITICIANS. But it will not be retroactive.

It will NOT protect Sarah. IMHO of course.

14 posted on 07/21/2009 9:08:35 PM PDT by justkate
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To: ak267
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 a public officer accepting gifts intended to influence performance of official duties.

I have no business with the state of Alaska. How would a donation from me be intended to influence the performance of her official duties?

I imagine most donors could say the same thing.

15 posted on 07/21/2009 9:10:16 PM PDT by freespirited (Honk if you miss Licorice.)
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To: conservative cat

That was the plan. To break her financially. Alinsky rules: make the attack personal.


16 posted on 07/21/2009 9:14:04 PM PDT by Clock King (There's no way to fix D.C.)
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To: Sarah Barracuda

“How can you misuse something you don’t have”

Ask Barry about his birth certificate.
He’ll know how.


17 posted on 07/21/2009 9:17:05 PM PDT by Salamander (Cursed with Second Sight.)
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To: Salamander

LOL that’s a good one, finding Obama’s birth certificate is like finding Waldo.
Someone on TeamSarah find this very interesting article, this might bring back memories to some of you here.

New Clinton Legal Defense Fund Created

By Wolf Blitzer/CNN

WASHINGTON (Feb. 18) — With their legal bills already approaching $4 million and skyrocketing because of the Monica Lewinsky allegations, President and Mrs. Clinton have authorized a new legal defense fund.

Supporters of the president, led by former Arkansas Sen. David Pryor, announced the establishment of the Clinton Legal Expense Trust on Wednesday. “The tremendous financial burden that this couple faces is unprecedented. It vastly exceeds the president’s compensation. It vastly exceeds his or her financial resources,” Pryor said.

The Clintons’ private lawyers, including Bob Bennett and David Kendall, are among the most expensive in Washington, each billing several hundred dollars an hour.

The new fund eliminates some of the self-imposed restrictions on the original fund, which closed down at the end of last year after money simply stopped coming in.

The major changes include:

The maximum contribution for the new fund is $10,000 per person per year, as opposed to the earlier $1,000.
The new fund will solicit and advertise, including direct mail campaigns, something that was prohibited the last time around.
After considering accepting contributions from lobbying groups, political action committees, labor unions and corporations, the new fund decided to limit donations to individuals.
The old fund’s problems were the result, in part, of the huge embarrassment when the fund had to return some $600,000 raised by now-indicted Clinton fund-raiser Charlie Trie.

Critics say there is still a serious potential for abuse. The Center for Responsive Politics’ Kent Cooper said, “When you look at a corporate leader or a union leader, or a lobbyist, saying, why would they give $10,000, is it part of their lobbying plan for some type of access buying. It opens the whole arena up to questions in the public’s mind.”

Not so, says the White House.

“This is being done consistent with government ethics, rules, regulations and also with what is obviously the proper way to do business,” insisted White House Press Secretary Mike McCurry.

Heading up the new fund will be Tony Essaye, a well-known Washington lawyer with close ties to the Democratic party. In addition to Pryor, other trustees include businessmen Kenneth Bartels and Roger Johnson, and lawyers Maurice Mitchell and Renee Ring.

In addition to the Lewinsky matter, the Clintons’ legal bills stem from Whitewater, the campaign fund-raising controversy and the Paula Jones sexual harassment lawsuit.

Legal bills are said to be increasing dramatically, especially because Clinton’s insurance companies have stopped paying bills in connection with the Jones suit.

To pay current bills, the president’s friends say they say they need 400 wealthy supporters to come up with $10,000 each; that would raise $4 million. Says one fund-raiser: “That shouldn’t be very hard.”

So let me get this straight, the Clintons were allowed to have a defense fund, and have a 1000 limit on each person(Sarah had 150 dollar limit) but Sarah can’t have a defense fund..I smell hypocrisy


18 posted on 07/21/2009 9:19:40 PM PDT by Sarah Barracuda
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To: FlingWingFlyer

The boy who cried wolf. It is not working anymore.


19 posted on 07/21/2009 9:19:47 PM PDT by Brimack34 (I hate people that hate Palin)
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To: Al B.

Hey AP, hey Wapo. Nice try. Get used to these words: “President Sarah Palin”.


20 posted on 07/21/2009 9:25:00 PM PDT by advance_copy (Stand for life or nothing at all)
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