Anchorage Daily News

A lawyer for Gov. Sarah Palin is taking another stab at derailing the Legislature's ethics investigation into the firing of her former public safety commissioner, accusing the retired prosecutor who is conducting it of acting unethically himself.

In two letters released Wednesday, Thomas Van Flein called the investigation "unlawful and unconstitutional" and said the man hired to run it, former prosecutor Stephen Branchflower, has a conflict of interest because he's a friend of the fired commissioner. Citing "your seemingly biased conduct of the investigation in recent weeks," he urged Branchflower to stop interviewing witnesses — the second time this month that he's asked Branchflower to stand down.

Branchflower is looking into whether Palin, now John McCain's running mate, canned Public Safety Commissioner Walt Monegan because Monegan wouldn't fire a state trooper who was involved in a messy divorce from Palin's sister, a probe that has come to be known as "Troopergate."

The investigation has included setting up a secret tip line to "accept and investigate anonymous rumors and complaints outside the scope" of the inquiry, Van Flein alleged. He also said Branchflower has deposed witnesses without proper notice to other attorneys.

Branchflower did not immediately return an e-mail seeking comment.

Van Flein sent one of the letters to Branchflower and the other to Democratic Sen. Kim Elton, who heads the Legislative Council, the body that unanimously approved the investigation in July. Both letters were dated Tuesday.

Elton this week rebuffed a Republican attempt to have Sen. Hollis French, an Anchorage Democrat, replaced as head of the investigation.

Van Flein wrote that both French and Branchflower are friends of Monegan but apparently failed to disclose those relationships to the Legislature. He did not say what he was basing those statements on or how he became aware of the tip line.

He has requested under Alaska's open records law copies of all documents describing the hiring of Branchflower for the Troopergate probe, plus any "minutes, memos, notes and agendas" related to the investigation and e-mails among state lawmakers on the Legislative Council to Branchflower or French.

The controversy erupted in July, after Monegan said he felt pressure to fire Trooper Mike Wooten, who had gone through an acrimonious divorce from Palin's sister and had been at odds with the Palin family for years.

Palin initially said there was no pressure on Monegan, but she later acknowledged that members of her staff had repeatedly contacted him about Wooten. Palin herself contacted him as well, according to e-mails that Monegan saved.

In July, Palin said she'd welcome and cooperate with the investigation, but after McCain picked her as a running mate, Van Flein urged that the investigation be conducted by the Alaska Personnel Board, which is appointed by the governor.

The House and Senate Judiciary committees are meeting Friday to determine whether to issue subpoenas to seven Palin administration officials who have declined to be interviewed.

The Palin family repeatedly complained to Alaska State Troopers about Wooten, and he was eventually suspended for five days. Wooten admitted that he Tasered his 10-year-old stepson and that he illegally shot a moose, but he denied other accusations, including that he drove with an open container of alcohol in his patrol car.

The acrimony continued throughout — and even after — the divorce proceedings. Sarah Palin's family was warned by a judge three years ago not to disparage her sister's ex-husband in front of her children.

"Disparaging is not to be tolerated — it's a form of child abuse," the judge said, according to notes on the hearing included in the divorce file.

Palin spokeswoman Sharon Leighow did not immediately return a call Wednesday.