Yesterday the good governor tweeted: It’s official: 13 ethics complaints against me & my office have now been dismissed by personnel board! That sound you heard was the lachrymose ululations of ankle-biters everywhere. They’re losing. They know it. The public knows it. And the Personnel Board is getting tired of their antics. First, let’s look at yesterday’s decision on the dismissed McLeod allegations. Though Independent Counsel Michael Geraghty’s decision was released as one report (with two addenda), there were eight separate allegations packed into that “one” complaint, and there would have been more still if McLeod had had her way. The two addenda were prepared after McLeod added allegations to her original complaint. And how did she add them? For the allegations dismissed in Geraghty’s second addendum, McLeod simply emailed him an article from CNN and an op-ed from the New York Times without additional comment. That was her “proof.” It was all so clear to Andree. She couldn’t imagine that others wouldn’t see it too. McLeod would still be emailing him more “proof,” if Geraghty hadn’t finally submitted his report, and she’s furious that he “stopped” her from doing so: McLeod said Wednesday that it’s troubling that Geraghty on May 14 requested she stop amending her complaint so that he could finish his work. “When an attorney wants less information rather than more information during his investigation — that’s a sure tell-tale sign that they’ve already made up their minds to dismiss a complaint,” she said. She got in eight separate allegations before Geraghty asked (begged?) her to stop amending her original complaint. Gov. Palin’s legal counsel, Thomas Van Flein, mentioned yesterday on the Eddie Burke show that he counts each allegation as a separate complaint because each one is a potential ethics violation. McLeod only needed one of them to stick in order for the headline to read “Governor Palin found in violation of the ethics law!” It doesn’t matter if the other seven allegations are tossed. It just takes one. In fact, to lump them all together as one complaint might actually be regarded as minimizing the magnitude of the “wrongdoing.” And what were these eight separate complaints? 1. The press release announcing Gov. Palin’s VP selection was an improper use of state resources and time. 2. The governor’s press office improperly issued a clarification about her attendance at the National Republican Congressional Dinner. 3. State resources (press releases) were being used on SarahPAC. 4. The governor’s website collaborated with SarahPAC. 5. The governor’s attendance at the Vanderburgh County Right to Life event violated the ethics law by using state resources and time. 6. Gifts from the Vanderburgh County Right to Life organizers were an improper “enticement” or coordination with SarahPAC. 7. Gov. Palin improperly used state resources when Bill McAllister stated that Gov. Palin would not be attending the White House Correspondents Dinner. 8. State resources were used in setting up Bristol Palin’s job as ambassador for the Candies Foundation (because according to the New York Times’ op-ed that McLeod emailed as “proof,” the Candies Foundation contacted Gov. Palin’s office in order to get in touch with Bristol.) Of course, all of these complaints were dismissed. One can’t help but sympathize with Geraghty. His report is precise and constrained, but you get the impression that he’s just dying to write, “This is the stupidest f%$&ing thing I have ever been asked to investigate in my entire #%@* life! What kind of a &#@% idiot submitted this?” It’s as if he’s been asked to write a precise and detailed explanation of why a square peg cannot fit into a round hole. He tried to be as straightforward as possible right off the bat: It is important to note from the outset that the Ethics Act allows a public officer to pursue independent pursuits, provided those pursuits do not interfere with the full and faithful discharge of the officer’s public duties. The Act also provides that there is no substantial impropriety if the alleged action or influence would have insignificant or conjectural effect on the matter. It is Independent Counsel’s opinion that considering the facts as alleged to be true, the conduct involved was not improper, let alone a substantial violation of the Ethics Act. […] Likewise, the use of state staff, time and resources to clarify a misunderstanding regarding Governor Palin’s participation as a keynote speaker at a National Republican Congressional Committee dinner was not improper under the Ethics Act, let alone a substantial violation. The words – “not improper under the Ethics Act, let alone a substantial violation” – are used repeatedly. As I noted last week, the Executive Branch Ethics Act is being interpreted weekly, and precedent is being established in real time as decisions are issued on these frivolous complaints. I think Geraghty’s latest opinion sets good precedent. Two snippets stand out for me: SarahPac is not affiliated with the state of Alaska, and does not otherwise invoke the Governor’s office; except, of course, that it is the political action committee of Sarah Palin, Governor of Alaska. It is not endorsed by or represented by the state of Alaska or the Governor’s office. Perhaps that will preclude further ethics complaints about the validity of SarahPAC, but I doubt it. And then there was this: The [Ethics] Act does not preclude Governor Palin’s involvement with the Vanderburgh County Right to Life organization. Governor Palin’s speech to the organization addressed her personal interest in and identification with the organization’s goals. While the interest may also have political implications, since Governor Palin has publicly expressed her support of the “Pro-Life” issue, the Ethics Act does not prevent her from engaging in these other pursuits on her own time and at the expense of SarahPac. Geraghty was simply affirming his finding for the Martin allegation. If the governor decides to pursue a national campaign (I’m not saying that she will, just speculating) or if she decides to campaign in the Lower 48 for other candidates next year,...
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