Todd Palin refuses to testify

Discussion in 'Blazers OT Forum' started by The_Lillard_King, Sep 18, 2008.

  1. The_Lillard_King

    The_Lillard_King Westside

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    "ANCHORAGE, Alaska - 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."


    Palin is suppose to be all about reforming congress and holding people accountable. That is of course unless she is involved. I can't blame Todd, if my was a pit bull I would either not testify against her or not particpate in any activity that involes the the initlas BJ . . . no matter cute of a GILF she is.

    It's a great strategy. Win the election, then let people know you violated your ethics as governor, because your running mate now has the power to pardon. Brilliant.
     
  2. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    He has a 5th amendment right not to testify against his wife. I don't think I'd testify against my wife under any circumstances.
     
  3. The_Lillard_King

    The_Lillard_King Westside

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    That isn't exactly right. He may claim spousal immunity under certain circumstances, but that doesn't give you the right to ignore a subpeona. Just the right to invoke the privledge for certain questions involving conversations with his wife.
     
  4. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    See Trammell v. United States.

    The real issue here is the case is now politicized. Democrats want to stick it to her to harm the McCain campaign, and the Republicans want to bury it so no harm is done to the campaign.

    I don't have any suggestions for a remedy. Maybe a special prosecutor.
     
  5. The_Lillard_King

    The_Lillard_King Westside

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    OK I glanced at it. The decision there was whether the husband could force the wife not to testify and they held that it was the wife's privledge to invoke or she can waive it. She choose to testify and it was upheld.

    It looks liek the court went on to define the privledge as this: Information privately disclosed between husband and wife in the confidence of the marital relationship is privileged under the independent rule protecting confidential marital communications, Blau v. United States, 340 U. S. 332; and the Hawkins privilege, which sweeps more broadly than any other testimonial privilege, is not limited to confidential communications, but is invoked to also exclude evidence of criminal acts and of communications in the presence of third persons.

    http://supreme.justia.com/us/445/40/case.html

    They want to ask Todd about his communications with many people not just his wife. And I still don't read where it says you can use the privledge to ignore a subpeona. AND all this goes against Palin basically saying bring it on (the investigation by saying "hold me accountable). How are they suppose to hold her accountable if she is instructing employees and hubby not to talk. On top of taht she is running up the lawyer bill (paid by Alaska) fighting all this.
     
    Last edited: Sep 18, 2008
  6. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    This is really a non-issue. The legislature can't willy-nilly subpoena people from the executive branch or their spouses. Otherwise the executive couldn't function with all the threats made by the legislature. These things are typically done this way and the courts will have to rule if the subpoenas can be enforced. You can't allow fishing expeditions, either.

    Like I said, the issue here is that the investigation has become a partisan witch hunt on one side, and resistance to everything on the other because she's now part of the national ticket. Everyone's motives in all this are in question.

    The lawyer bill is probably a valid expense where she's being sued for performing her duties. If she ran over someone with her car and got sued, then she'd have to pay her own lawyer bill.

    I'm not even sure there is a "there" there as well. If her underlings serve at her pleasure and they're democrats they can be terminated for any reason. If they're republicans, same thing. If they're civil servants, then no.

    BTW, here's wikipedia on the 5th amendment:

    http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution

    You also talked about the Hawkins Privilege, which is an interesting subject :)
     
    Last edited: Sep 18, 2008
  7. BlazerWookee

    BlazerWookee UNTILT THE DAMN PINWHEEL!

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    The fact that there's an investigation now should be the subject of an investigation.
     
  8. Tortimer

    Tortimer Well-Known Member

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    I agree with this statement. I like how there is no investigation or not much until Palin was McCain's VP. I know the Republicans would probably do the same thing if the Democrats nominated a unknown. They would have sent their team in the do everything they can to discredit her. I really don't think this is going to amount to anything and won't cause anyone not to vote for McCain.
     
  9. BLAZER PROPHET

    BLAZER PROPHET Well-Known Member

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    This is going to hurt McCain. He chose her based on her spectacular integrity... and now they're dodging an investigation just like a seasoned politician does. Sorry, honey, it doesn't work this way.

    There are 7 swing states that will decide the election. About 4 of those are pretty much decided as well. This will effect those remaining 3 that the vote will be less than a 1% difference. I'm not an Obama supporter, but to McCain I say "buh-bye" baby. Your moronic choice for veep just cost you the ovary, errrrrrrrrrrrrrrrrrrrrrrr, oval office.
     
  10. The_Lillard_King

    The_Lillard_King Westside

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    Funny, I always wondered about wiki's accuracy. They sure did slaughter the Tramell case. I provided a link to the case above, read it, wiki missed the ball on that one.

    But I agree the issue is not about the privledge but about if the subpeona is valid and enfoceable and if it is will it be enforced.

    Lawyers could write 30 page briefs on either side of that argument, but whatever the answer is, it is clear there will not be a complete investigation by election time.
     
  11. mook

    mook The 2018-19 season was the best I've seen

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    I'm no fan of Palin, but I don't really see the big deal here. At its worst, it's a Monica Lewinski-level of scandal. A little crazy, a little unpleasant, but really nobody was harmed. Partisans get all up in arms, but Joe Sixpack is far more worried about his 401k and Iraq. If Democrats try to push it into being a Really Big Deal like Republicans did with Monica, I see it as more of a distraction from their much better arguments than a real advantage. Democrats are trying to sell change, and a long and dreary investigation that in the big picture just doesn't matter seems a lot like "more of the same."

    Run against 8 years of Bush running America, not 2 years of Palin running Alaska.
     
  12. The_Lillard_King

    The_Lillard_King Westside

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    There was an investigation before McCain announced Palin as the running mate. That is were the now infoamous line "hold me accountable" came from . . . Palin's reaction to the fact there was an investigation.
     
  13. The_Lillard_King

    The_Lillard_King Westside

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    This isn't likethe Clinton thing. This is about a governor potentially abusing her power . . . she was acting as a governor when she (allegedly) attempted to have her brother-in-law fired. Imagine if she was VP . . . now there is a position you can really start flexing your muscle.
     
  14. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    I think Wikipediea got it right, though it's a bit convoluted. It's based on common law older than the constitution, the constitution was written at a time when it wasn't considered to apply to women the same way (e.g. right to vote). The Fifth codifies that common law rule.
     
  15. e_blazer

    e_blazer Rip City Fan

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    For those who may be interested, here's a link to Palin's filing to dismiss this case for no probable cause. I'm no attorney, but it certainly looks to me that there's ample evidence that Monegan was fired due to seeking his own budget deal with the feds and running around the governor's wishes. That will get you fired in most any administration.

    http://sayanythingblog.s3.amazonaws.com/09-08/palin-response.pdf
     
  16. maxiep

    maxiep RIP Dr. Jack

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    Yep. not at all like the WH Travel Office.
     
  17. mook

    mook The 2018-19 season was the best I've seen

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    Yeah, and Clinton lied under oath while serving as President. I would think one of the job descriptions of being President is not lying to America (except for national security reasons).

    I don't think America cared that much about the illegal firing of attorneys, the Travelgate thing, nor Monica. (Well, there was a lurid fascination with Monica, but I don't think it made many people hate Clinton outside of the partisans who'd stuck their necks out defending his innocence.)

    We expect our leaders to take advantage of the privilege of power. The "spoils system" is a term that dates back to the 1800's. That includes firing who you want, and getting blown by who you want.

    What we don't expect is the gross incompetence of the current administration. That's what Democrats should run against.
     
  18. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    Run against this:
    http://query.nytimes.com/gst/fullpa...sec=&spon=&partner=permalink&exprod=permalink
     
  19. Reep

    Reep Well-Known Member

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    There is a reason for this amendment. Spouses almost never testify. They shouldn't ever be put in that spot. What, marriage isn't tough enough?
     
  20. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    If they're actually interested in the truth, they could grant him immunity from prosecution and then he couldn't refuse to testify.
     

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