Off the record - a VIP policy letter from Senator Kim Elton

Sometimes the practice of law must be like wearing a hospital gown--pirouettes can expose your bum.

Case in point: Attorney General Talis Colberg "spinning" different reasons for tearing up his written pledge to let state employees cooperate with the legislature's investigation of the Walt Monegan affair. His explanatory letters to the legislative council simply amount to inartful pirouettes that flash his bum rationalizations.

Colberg rationalization #1 for breaking his written pledge: "new circumstances intervened--supporting the governor's decision to cooperate only with the Personnel Board investigation." Actually, those circumstances were quite old, not new. Eight days before the AG made his written offer to the legislature and 11 days before the legislature accepted in writing, the governor made it clear she believed the board was the only legal entity for the investigation. She said so in the complaint she filed against herself (then tried to dismiss) with the board. The AG can't use "new circumstances" as an excuse when the circumstances predate by more than a week his written offer and the legislature's written acceptance. Rationalization #1, if used as a hospital gown, doesn't begin to cover the AG's bum.

Colberg rationalization #2 for breaking his written pledge: "our clients (the state employees) have taken an oath to uphold the Alaska Constitution and for that reason they respect the legislature's desire to carry out an investigation in support of its law-making powers. However, our clients are also loyal employees subject to the supervision of the governor." Arguing that state employees now have loyalty issues, suggests at-will employees of the governor can elevate loyalty to the level of our constitution and laws. In this case, 'open and transparent' apparently means the AG flashes his bum without even trying to tie his legalistic hospital gown together in back.

Colberg rationalization #3 for breaking his written pledge: the subpoenas place state employees "in the difficult position of either choosing to support the governor's decision to cooperate only with the Personnel Board or to voluntarily comply with the subpoenas." Who decided responding to subpoenas is "voluntary"and why would the AG, who himself uses subpoenas to compel needed information, even want to suggest they are "voluntary"? I'd note the Superior Court ruled several days ago the AG was flat wrong and the state employees must respond to legislative subpoenas. Here, the court stripped the AG's hospital gown off and revealed his (legal) briefs are as lacking in substance and support as men's bikini briefs.

Time for a short summary. The AG made a written agreement and then broke it. He went to the court to quash subpoenas and got slam dunked. Less than honorable, no legal foundation.

When the AG's honor is questionable, it chills his ability to reach complex written agreements with others negotiating civil or criminal issues with the Department of Law. Why deal with an AG who so cavalierly breaks a written deal with the legislature?

And, if the AG doesn't understand the law that governs subpoenas, what else doesn't he understand? Can he do a job that requires far more complex legal analysis in other matters of law?

Perhaps it's time that Mr. Colberg at least let his staff tie up the back of his hospital gown. Failing that he should discharge himself and replace the gown with civvies.

Thing #1 we learned about Alaska from the WaPo-- The Washington Post reported last week that an outside public relations firm was hired by the state helped elevate the visibility of Guv Palin on the national level--a Massachusetts PR person recommended by the law firm that used to employ convicted lobbyist Jack Abramoff. The $31,000 contract was let through the Department of Natural Resources.

Thing #2 we learned about Alaska from the WaPo-- The $17,000 plus in per diem collected by the guv while staying at her home in Wasilla for 312 days.

Check with mom or dad-- Friend and constituent Harvey Marvin shared a note from his doctor’s office. It read: "Dear Parent or Guardian: your child, Harvey, is due for immunizations." It went on to say he was due for a flu shot. Harvey is 75 years old.

Red light, green light-- A September 26 email to all the commissioners from the Attorney General requires each state department to release public records only after the Department of Law has reviewed the request and the public documents. Given the AG’s record so far (see the adjacent column) I’m not sure I’m comfortable with his ability to impartially determine the laws on public records. If he now is the "open and transparent" traffic cop, I hope he: green lights the proper flow of public records in a very timely manner; understands the public records law better than the law on subpoenas; and doesn’t let loyalty be elevated to a position equal with the law.

Note from a friend-- Speaking of the AG’s grasp on the law regarding subpoenas, an attorney friend sent me a note reading: "I want to know if I should change the language in our subpoena template from ‘you are commanded to appear’ to ‘it would be really nice if you could drop by at your convenience.’"

Is Alaska really insulated?-- The global economic shock waves have implications we’ve yet to discuss in Alaska. Credit markets as tight as a Donald Trump’s pre-nup can’t help but affect dollars for an Alaska gas pipeline--especially since the AGIA recipe limits the amount of equity participation and mandates a certain level of debt financing. The price of a barrel of oil now hovers at that point where it may not sustain our present level of spending on the state budget. State retirement accounts are bleeding.

What if?-- The toxic debate about Sen. Obama’s character and name has potential blowback for Alaska. What happens to the governor’s ability to work with a new administration if Sen. Obama becomes President Obama? The "palling around with terrorists" and other one-liners delivered at her rallies will, hopefully, be forgotten as Alaska tries to work with the administration on getting a gas pipeline, or fisheries issues, or oil and mining issues, or . . .