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  •  Coale's malpractice (7+ / 0-)

    If what you say is correct, it would be Coale's malpractice.  It does not matter that he is not an Alaska lawyer.  If he gave her incorrect legal advice, he is potentially liable.  It would be an interesting lawsuit...

    First they ignore you, then they ridicule you, then they fight you, then you win. -- Gandhi

    by flo58 on Tue Jul 21, 2009 at 10:44:11 PM PDT

    •  Here is what the Ethics Report says: (7+ / 0-)

      (emphasis mine)

      "I also am aware of the fact that the creation of legal defense funds is a common practice for federal office holders...  The ethics provisions governing members of the United States Senate and House of Representatives specifically permit members of Congress to have Legal Expense Trust Funds so long as they comply with certain restrictions similar to the ones that the Alaska Fund Trust has imposed."

      "However, there is not a similar provision in the Alaska Executive Branch Ethics Act or its implementing regulations that allows state officials to establish legal defense funds. Perhaps there should be, but that is a matter for the legislature to address.  My job is to apply the statute as currently written."

      Pages 8 and 9 from Thomas M. Daniel's report on Sarah Palin's ethics violations by her legal defense fund.  A PDF download of the report is available here.

    •  You are right.... (2+ / 0-)
      Recommended by:
      abrauer, msmacgyver

      I've included the text from the report here, where it says that Alaska has no law allowing a legal defense fund to be set up for an Alaskan Governor.

      To me, this is clearly malpractice. I wonder if Sarah is going to publicly blame Coale?

      •  You think that might hurt Sarah's fawning press (1+ / 0-)
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        on the Greta von Scientologist NewsHour?  Cause Greta loves to chow down on Sarah's beaver* and go for rides on Todd's snowmachine.**

        *I hear Sarah has a great recipe for beaver stew...

        **Brought to you by the fine folks at Arctic Cat.

        You gotta give 'em hope. - Harvey Milk

        by abrauer on Tue Jul 21, 2009 at 11:26:50 PM PDT

        [ Parent ]

      •  Hey but the law does not specifically forbid (1+ / 0-)
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        them either so that means if the law (in Sarah's World) does not specifically prohibit an exact act, then it is legal.  Think of all the wonderful permutations that could result if this is the way the world really worked

        •  Actually it usually does. (0+ / 0-)

          American law is based on prohibiting acts, rather than enabling them.

        •  I'm having trouble with this (1+ / 0-)
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          In the world I live in, it precisely is the case that things are legal unless there's a law saying they're illegal.  Otherwise, we'd have to have a long list of all the things we were allowed to do all day (and night!), and everything else would be out of bounds.

          So if there's no law forbidding her to establish such a fund, what's the problem?

          I'm no fan of Palin's, but I'm having a hard time jumping on this particular outrage bus.

          Apocalypse? I'd prefer Wax Lips.

          by dryfoo on Wed Jul 22, 2009 at 02:06:16 AM PDT

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          •  Trusts and such creations are under very strict (1+ / 0-)
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            rules; I take it Palin used this instead of a PAC so the money could go directly to her and not be funneled the way so many other politicians have things set up.
            To set up a charitable trust fund which relies on public donations for its income and is meant to inure to the private benefit of an elected official, yeh I could see how such an abusive shelter might be seen as soliciting bribes.
            Otherwise, if the law is against stealing cars and I still a tractor, then I did not break the law. (this was tried by a guy who was ticketed for driving too slow on his riding lawnmower on an interstate! Since no law prohibits lawnmowers on interstates and since lawnmowers are not licensed vehicles, he violated no laws. He lost)

          •  My thoughts on this... (2+ / 0-)
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            entlord1, msmacgyver

            I'm certainly not a lawyer, but I inferred when he said that there is no law that allows the establishment of a legal defense fund, that it is currently prohibited, and there is no law that allows the exception for the Governor/Executive office.

            If the legal defense fund was not prohibited already, then Sarah Palin did nothing wrong, and there would be no point in him bringing it up, right?

            But he specifically contrasted the Federal ethics laws that allow a legal defense fund to be created for people in Federal offices, and then stated that such was not the case in Alaska for the Executive Branch.

            Just my guess - I'm not sure his wording was as precise as it could have been.

            •  I think the point is that (1+ / 0-)
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              because there is no law specifically allowing such a fund, the monies donated are gifts to Palin which are subject to their own prohibitions and reporting requirements.  Of course, Sarah didn't trouble her pretty little head with those matters.

      •  Tweet forthcoming... (0+ / 0-)

        'it not my flt'...

        An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it. Mohandas Gandhi

        by msmacgyver on Wed Jul 22, 2009 at 05:46:37 AM PDT

        [ Parent ]

        •  It's never her fault... (1+ / 0-)
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          Sarah Palin’s thin skin is legendary, but so is her conviction that she should never take the blame for anything.

          It’s not that she believes she has done nothing wrong, it’s the peculiar mind-set of Palin to believe that, in every instance, there were forces at work to bring about the bad result that were simply beyond her control.

    •  How about practicing law without a license? (4+ / 0-)

      Out of state docs for internet pharmacies writing script for patients they have never seen face to face in states where they are not licensed faced sanctions for practicing medicine without a license in the state where the pt lived.
      So how is this different since I assume the Fund Trust is set up in Alaska and that he is not licensed in Alaska  

    •  This has such a loverly Karmic vibe going on n/t (1+ / 0-)
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      An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it. Mohandas Gandhi

      by msmacgyver on Wed Jul 22, 2009 at 04:48:00 AM PDT

      [ Parent ]

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