Well, well, well. Here’s yet another subplot in the saga that is Troopergate. Remember how witnesses, including state employees, Todd Palin and Sarah Palin herself agreed to cooperate fully with the Legislative investigation of Troopergate? If you don’t remember, it’s because that was beFORE August 29th, when Palin was selected to be John McCain’s running mate. It was a whole different world back then. That’s when this investigation made sense to Alaskans, and when we believed the word of our Governor. Now? Not so much.

Ten witnesses, including the Governor’s husband Todd, defied subpoenas to testify before the Legislative Council. When did this mysterious change of heart occur?

Once again, we need to rely on the courage and conviction of the bipartisan Legislative Council, and the likes of Representatives Les Gara to keep the Governor and her administration (including Attorney General Talis Colberg) honest. After the flock of McCain lawyers descended on our sleepy little hamlet, all the rules changed. Now, Les Gara and Audie Holloway want to know WHY. Good question.

ANCHORAGE — Today an Alaska legislator called on the State’s Attorney General to appoint an independent investigator to look into possible criminal witness tampering by McCain-Palin campaign staff in Alaska. Rep. Gara’s call came at the suggestion of the Director of the Alaska State Troopers, [Col. Audie Holloway], who called the potential of witness tampering matter “serious.”

But, as we know, these witnesses did eventually testify in writing, just days before the Legislative Council released the findings of Independent Investigator Stephen Branchflower. Does this make it all better? No.

Their later decision to submit to written questions, after failing to show up for their subpoenas, doesn’t cure this violation, or any criminal conduct by any person who attempted to induce those witnesses from showing for their subpoenas. Complying with the law after breaking it doesn’t excuse a criminal violation. If any person attempted to induce a witness to fail to show for a subpoena, that witness’ later cooperation, after failing to show for the subpoena, doesn’t cure the criminal conduct. (from attached letter to AG Talis Colberg from Rep. Les Gara)

Talis Colberg, who is under considerable public pressure to resign as Attorney General for how he handled these subpoenas, has something new on his list of things that won’t go away. Namely:

Alaska Statute 11.56.545 – “(a)Tampering with a witness in the second degree: A person commits the crime of tampering with a witness in the second degree if the person knowingly induces or attempts to induce a witness to be absent from an official proceeding, other than a judicial proceeding, to which the witness has been summoned. (b) Tampering with a witness in the second degree is a class A misdemeanor. AS 11.56.540 has similar elements, and is a felony.

The ball is in the court of the Department of Law.

Letter from Les Gara to Alaska Attorney General Talis Colberg: 10202008-witness-tampering-independent-investigator