FOR IMMEDIATE RELEASE: Palin aide Frank Bailey is still under investigation by the Alaska AG Office

FOR IMMEDIATE RELEASE                                                 Tuesday, February 22, 2011
 
Anchorage, Alaska: An ethics complaint filed last fall against former Palin aide Frank Bailey is still under investigation by the Attorney General’s Office.  It was filed by Alaska resident and registered Republican Andrée McLeod and charges Bailey with improper use and disclosure of official records.
 
Alaska law prohibits employees to use or disclose information acquired in the course of their official duties for any benefit and personal gain, if that information has not been made public.  And, employees can’t use or disclose information acquired in the course of their official duties if that information is confidential by law. 
The Alaska Executive Branch Ethics Act states: Sec. 39.52. 140. Improper use or disclosure of information.
(a) A current or former public officer may not disclose or use information gained in the course of, or by reason of, the officer’s official duties that could in any way result in the receipt of any benefit for the officer or an immediate family member, if the information has not also been disseminated to the public.
(b) A current or former public officer may not disclose or use, without appropriate authorization information acquired in the course of official duties that is confidential by law.
 
 “I, along with the Associated Press, Mother Jones, MSNBC and others, submitted legitimate public records requests in the fall of 2008.  More than 2 years and countless extensions later, Palin’s email documents have yet to be made public,” McLeod said.  “Yet, it seems that a former Palin aide and at least two others have had free access to Palin’s emails….all because Bailey worked in the governor’s office.”
 
It was widely reported last week that a manuscript written by Bailey and 2 others is being shopped around for a publisher.  The reports state that the book is based on tens of thousands of Baileys emails, which include official emails he accessed while a public official. 
 
“The revelations in and about the manuscript raise additional questions that must be addressed by the Attorney General,” McLeod said.  “The people’s business continues to be breached by Palin’s (former) aides.  Making matters worse, Bailey’s recently outed co-writers admittedly and illegitimately have had access to confidential emails that others, who have followed the rule of law, still anticipate.  This is wrong.  The AG has yet to provide resolution, since the Legislature has indicated that public records should not be made available for public inspection until they’ve been reviewed for privacy and policy reasons.”
 
# # #
 
NOTE: The ethics complaint is attached.

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31 Comments (+add yours?)

  1. M
    Feb 22, 2011 @ 08:36:50

    Oh my, how interesting. Egads, the drama never ends.

    Reply

  2. CO
    Feb 22, 2011 @ 08:55:36

    I agree: Oh My.
    There is something very fishy, very…fishy about all this.

    Reply

  3. hedgewytch
    Feb 22, 2011 @ 09:01:05

    I’ve been wondering about that. I thought it was odd that Bailey could be using “state business” emails – to write this book when a request for emails from the Palin administration could very well include those self-same emails.

    Then the question comes of emails sent to a private account. What were the Palin’s saying in the past that those weren’t to be considered “state” property and therefore NOT subject to be released to the public? Didn’t the state AG agree to that argument? If so, then Bailey would be able to use any emails sent to his “personnel” account.

    Oh the twists and turns.

    I have a feeling by the time the citizens of Alaska get to see ANYBODY’s emails – they’ll resemble hampster bedding more than anything readable – so heavily trampled on and redacted they will be.

    Reply

  4. FEDUP!!!
    Feb 22, 2011 @ 09:03:26

    I guess he should simply ‘dump’ all the emails in a Wikileaks style. Like that, all will be out there for everyone to see, come hell or high water! I wish he would do that asap, before they stop him…

    Reply

  5. Libby
    Feb 22, 2011 @ 09:14:36

    Fedup – Maybe that is what this is all about? Was someone worried that the emails to be released in May may be so ‘redacted’ that they become useless information? Is the State covering for Palin in stalling so long and claiming ‘State secrets’ on any information one might use against her and her administration (even current members of the administration)? I’m wondering if this was a last ditch effort to, as others have said, make sure that the “toothpaste is out of the tube” thus avoiding a huge Palinesque cover-up. Just speculation, of course…

    Reply

  6. WA
    Feb 22, 2011 @ 09:45:37

    Nearly everything ‘out’ so far is a repeat of what most knew already.
    Perhaps not the ‘exact’ wording, but nonetheless.
    It does sound more like a email dump in advance of the release dates
    to water it all down.
    Ive no reason to believe Bailey…

    Reply

  7. AFM
    Feb 22, 2011 @ 09:55:02

    I thought that private e-mails weren’t covered under government e-mails and therefore he could use them. Gee, I hope that is the case. There is so much crap out there that needs to be brought into the light.

    Reply

    • Alaskan
      Feb 22, 2011 @ 10:45:30

      Well, you’re right. Except that Sarah Palin established generic open server accounts (Yahoo) for herself and directed her staff to do the same and communicate through alternative email addresses.
      So it’s all weird. The alternative accounts WERE the official communication mode of the governor and staff. At the governor’s direction. But not on the state server. Not official State of Alaska employee email system.

      Not so weird, with a little bit of common sense. But the AG is going to look for every loop hole to keep things restricted.
      Did official State business take place, using the private email addresses?Yes
      Was there direct communication about State of Alaska business? Yes
      Did State of Alaska employees use private email addresses – instead of the state system – to communicate during work hours and on the job? Yes
      Was this intentional? Yes. Not only with intent, but also by design.

      See, she already knew from campaigning out of the Wasilla mayor’s office and from the Randy Reudrich/Oil and Gas Commission, that use of the computers would be subject to scrutiny and considered public record, accessible to citizens on request. She KNEW that.

      Additional questions that have not been asked or answered to my knowledge:
      Did Sean Parnell also have an alternative private email account used specifically to conduct state business?
      Did Sean Parnell officially communicate with the governor, the governor’s staff, executive office employees, and his own staff, by private email accounts off the State of Alaska system?
      Did Sean Parnell communicate with Todd Palin on matters of state business through private email accounts?

      See, the missing link is Sean Parnell. It is appropriate to hold him equally accountable. He was Lt. Governor then, and is the governor now.

      Reply

  8. Libby
    Feb 22, 2011 @ 10:13:52

    Here’s a thought…maybe by releasing these “private” emails, they hope to catch the State in a net? If these emails are compared to those eventually released to the public and it can be proven that information was redacted that should not have been…hmmmm…maybe they are actually doing Andrea a favor? Sarah isn’t the only guilty party here…not by a long shot.

    Reply

  9. lilly lily
    Feb 22, 2011 @ 10:35:09

    You are mentioned in the book multiple times. As a gadfly who drove the Palin’s bats?

    Since you know what drove them up the wall, why not reprint whatever you wrote, since they are your property, your words, your blog.

    Bailey and his co-writers can’t say anything. You have your blog, and you are the originator of those words.

    Reply

  10. Pat Padrnos
    Feb 22, 2011 @ 10:38:19

    Wow!! Wasn’t there a line in “Alice in Wonderland” something about curiouser and curiouser. I would not want to mess up the past year’s work the three have spent on this – but I wish for something like a Julian Assange moment.

    Reply

  11. akbatwoman
    Feb 22, 2011 @ 11:19:40

    The legislature needs to address our current rules concerning e-mails. The odds are that we will never have someone of Palin’s ilk (I think of her as an Original) in the governor’s mansion (except she never really was in the mansion much) again, but slimy politicians are plentiful and I could definitely see another governor pulling this e-mail sleight of hand on the populace.

    Well, it’s been a couple of days and I’ve seen no apology to Joe McGinnis on Mudflats. I would think that if he’d had some plausible explanation for leaking the book, he’d have called them up and explained himself by now.

    I’m curious, why are Syrin and several others standing up for the man? Are you aware of details of the story that would vindicate him? Has he indicated that he was impersonated? My only knowledge of him is that he’s a famous author (which doesn’t automatically mean that he’s a straight arrow), that he rented a house next to the Palins (which was kind of a jerky thing to do but well within his and the property owners rights, after all, if the Palins didn’t want neighbors, they could well afford to buy or lease that house themselves), and that he is writing a possibly less-than-flattering book about Sarah Palin (just because he may share my views of the woman doesn’t mean I’m going to assume he’s a Saint). Do you guys have other knowledge of the man that would lead you to disbelieve that he’d leak the Bailey book?

    I hope Andree McCleod is eventually successful in her endeavors. The Alaskan Republican Party needs her as their official “moral compass”. I’d love to see her succeed Randy Ruedrich. In my dreams.

    Reply

  12. CO
    Feb 22, 2011 @ 12:32:02

    This is just riper and riper. Now the APD is issuing corrections and near apologies. WTF.
    Those involved with this bat-shit-paylin family, all any of them,
    the stench is overwhelming.

    Reply

  13. Martha
    Feb 22, 2011 @ 13:04:40

    Well after the state of AK has hung on to e-mail requests since 2008, for 3 years now, they might have a hard time going after Bailey for this.

    They have exhausted their excuses, everything from “it will cost millions” that turned out to be a couple of hundred dollars to they don’t have” the man power”.

    The state has unlawfully withheld e-mails, requested legitimately by major network news corporation and ordinary citizens.

    In going after Bailey, if they so choose, it WILL open up this can of worms that they have created for themselves.

    The pot calling the kettle black.

    The corruption in the AK governments runs thick and deep and obviously they are doing everything in their power to hide their part in this.

    Reply

  14. Syrin
    Feb 22, 2011 @ 13:41:01

    Lots of great comments everyone! As I said, I have the highest regard for Joe McGinnis. I know nothing about the who, what or where this so called leak began.. Who did the authors send the manuscript to originally? Apparently it was several individuals. And, should the authors themselves take some responsibility for that?

    I’m sorry I think it’s counter productive for the authors to continue to fill the news void with disparaging comments and accusations against any one individual. Sure, send out the copyright infringement warning notice to whoever and shut up about the leak, find a publisher and get this book out!

    Reply

    • majii
      Feb 22, 2011 @ 17:13:30

      A thought occurred to me. Maybe Bailey made his own copies of every email he and Palin sent to each other. I don’t, but some people do. This would mean that he wouldn’t HAVE to file a request with the state to get the emails because he already has them. I don’t know what type of person he is, but I do know that some people save and print copies of their emails, especially if the emails have to do with their job.

      I heard a lawyer on a radio program the other day who spoke about employer and employee conflicts that could occur on the job, and he urged the employer to keep copies of all emails. He also urged business owners to keep hard copies of emails between their businesses and their customers in the evident of a dispute that could arise at some time in the future. He emphasized that hard copies of emails can benefit an employer/business owner if a dispute ends up in court.

      Reply

  15. daisydem
    Feb 22, 2011 @ 13:45:37

    To ALASKAN at 10:45, yes, yes, yes …. where was Sean Parnell? When people were asking where is Sarah? Well, where was the Lt. Gov.? When deadlines were not being met? When Todd seemed to be answering emails, correspondence “for Sarah?” Almost two years ago now I sent a letter to Sean Parnell (not an email, fax, etc.) but a bona fide letter through the US Mail asking him where he was while the Office of the Governor of the State of Alaska was being misused and asking him indeed if he were negligent and therefore derelict in his duty as Lt. Governor. Of course, I did not receive a reply to my letter.

    Reply

    • Alaskan
      Feb 22, 2011 @ 16:00:45

      Parnell is part of the show. He IS Sarah Palin. We’ve just all ignored him.

      I was shocked that he was voted in as governor. Genuinely shocked.
      But at least he did have job experience, as limited as it is. I know airport rampers that kept their jobs longer than he has.
      What is it with all these policy-makers who don’t actually work? How do they get to make the rules, when they don’t know how it feels to clock in, fill out a time card, deal with the unpleasant minutiae of the daily grind and punitive supervisors.

      Military boy, family stationed in Alaska. Went to East High in Anchorage.
      1987 – Finished law school. Alaska and Washington, D.C. bar associations. He already knew where he was headed, huh? Good move, there, Sean.
      1992 – Alaska House of Representatives. Two terms and member of the finance committee.
      1996 – Alaska State Senate. Energy Council member and Senate finance committee co-chair.
      Parnell leaves Alaska Senate to become director of government relations in Alaska for ConocoPhillips.
      2005 – Lobbyist with Patton Boggs (they represented ExxonMobil in the Exxon Valdez oil spill litigation). Advised clients on state and federal regulations in developing major oil and gas projects.
      2006 – Left Patton Boggs to advise Governor Sarah Palin on issues related to commercializing Alaska North Slope gas.
      …hangin’ with the Palins and sittin’ at the Big Kids table…

      And today, he’s going to ‘send back’ $14.7 million in federal health care reform funds and refuse to seek health care exchange grant money intended to help Alaskans find health insurance. And he’s pissed about it, too. Jerk.

      “Alaska Gov. Sean Parnell speaks to the Juneau Chamber of Commerce at the Baranof Hotel Thursday. Parnell explained his wish to reduce taxes on oil producers and said he will not implement the federal health care overhaul because a judge in Florida struck down the law as unconstitutional.”
      http://www.juneauempire.com/stories/021811/sta_787339006.shtml

      Reply

      • majii
        Feb 22, 2011 @ 17:28:19

        Does he know that a federal judge in D.C. upheld the ACA today as being constitutional? I just read about the decision on the Talking Points Memo site. With Parnell making a decision to return funding for healthcare to the federal government at this point, it makes me wonder what type of lawyer he is that he doesn’t know that lawsuits work their way up through the court system until they reach the Supreme Court where the final decision is rendered. I’m just a retired U.S. History and civics teacher, and I know this! I think he’s pandering to the members of the CoC since the national CoC has spent so much money trying to defeat the ACA before the final vote took place last March.

        Related to the ACA is a tidbit of information I ran across on the MN Independent site today. Bachmann is whining about the 112th House not being able to defund the ACA. She says she didn’t know that the bill was written as a mandatory funding bill which means that the money to implement the ACA must be included in each year’s budget. So, while the members of the House were spending so much time last month trying to defund the ACA, it has now come to light that none of them knew that it cannot be defunded, and I’m wondering why they’re just now finding out. Bachmann says she just found out last Friday. I’m also thinking of all of the tax payer money that was spent during the time they were working on defunding the ACA— time and money that could have been spent on drafting legislation to create jobs and help with economic recovery.

  16. M
    Feb 22, 2011 @ 15:21:51

    So, could it be that Bailey “knew” Sarah well enough that he “knew” when the emails were finally released by the state that they’d either be so heavily redacted that non of his info would see the light of day? or that even by the time Parnell buddy and minions let them out that the statute of limitations would probably run out?

    If it is true they’d been shopping for a publisher since 09? just speculating…….I’m buying the book, that is for sure, everything sounds totally true.

    Reply

  17. akbatwoman
    Feb 22, 2011 @ 22:05:17

    To those of you who think that Parnell is some kind of evil Sarah clone. I actually went to school with him and he’s a very nice person. Do I think that he’s a dufus? Absolutely. I also think that he’s so sickeningly nice that it wouldn’t dawn on him that Sarah Palin is a nasty witch.

    If I remember correctly, his father was on the Anchorage Assembly. He was also sickeningly nice and I believe he was a Democrat.

    Parnell is doing a lot of things that I’m opposed to, but he’s an improvement on Sarah Palin.

    Reply

    • Alaskan
      Feb 23, 2011 @ 00:00:26

      “Evil Sarah clone?” Naw, nobody said that.
      Sure, he does seem genuinely “nice.”
      I’d have to agree he does appear to be a dufus, but he’s not completely stupid. He knows what’s going on. It’s his job to. He’s got an agenda and he’s perfectly happy to keep his head down and stay out of the prop wash and go quietly about his agenda while we ignore him.
      He was direct and clear at his inauguration and again during his campaign, that he admired Sarah Palin and intended to “continue the course set by her.”

      Like many of the folks who settle in Alaska, he knows virtually nothing about this state outside of the urban metro areas and the oil industry. And doesn’t appear to be particularly interested. There’s nothing to compel him, so who cares.
      His dad was an interesting guy. And a little sparkier. Completely different in nature and philosophy. I think?

      Sarah Palin isn’t evil, either. Just a dumb-luck housewife, social- and political-climber driven by ambition and gifted with astonishing charisma.

      Reply

  18. Alaskan
    Feb 22, 2011 @ 23:39:09

    Majii, I don’t think he does know. I’m not being snarky.

    One of the redacted emails released awhile back caught my attention. It was an email from Sarah to her team, asking what Alaska’s largest private-sector employer is.
    It makes me wonder that neither the governor of the state nor the lieutenant gov knew. Providence has been the single largest private-sector employer since 2001. Alaska’s ten largest employers of 2009 were the same as in 2008; and six of the top 10 were on the list, 10 years ago. Wouldn’t you kinda remember that, especially if it was your purview?
    2 Wal-Mart/Sam’s Club Grocery/general merchandise
    3 Carrs/Safeway Grocery
    4 Fred Meyer Grocery/general merchandise
    5 ASRC Energy Services Oilfield services

    The email gets forwarded around through the day. Not one staff person knew. But even more revealing – none of the governor’s expensive executive office inner-circle “team” offered a source to get the information, nor provided it. They didn’t know where to look?! They didn’t know how to find out!

    From: Palin, Sarah (GOV sponsored)
    To: Notti, Emil R (CED); PARNELL, S (GOV sponsored)
    Cc: ‘ftb907@yahoo.com’; Perry, Kristina Y (GOV); ‘fek9wnr@yahoo.com’
    Sent: Sun Jan 13 10:10:10 2008
    Subject: Safe to say
    That fisheries are our largest private-sector employer in the state? (Tourism is second?)

    Frank Bailey offers the only somewhat thoughtful response:
    “I was thinking ktuu recently reported that construction was largest private employer , but I’ll try to find out as well.”

    Sarah shuts him down: “Considering the caneries I believe it’s fish”

    Dummies. Information easily available by Googling. It’s on the state website. “Alaska Economic Trends is a monthly publication dealing with a wide variety of economic related issues in the state. Its purpose is to inform the public about those issues. Alaska Economic Trends is funded by the Employment Security Division within the Alaska Department of Labor and
    Workforce Development. It’s published by the Department of Labor.”

    The healthcare and medicine industry is the largest industry, 29,000 jobs in 2007 and $1.2 billion, increased 40% between 2000 and 2007.
    According to the state: “The industry employs more people in Alaska than the federal government, state government, oil industry or most other industries.”

    ~~~

    More gubernatorial silliness. In another email, Sarah is looking for a fitness/lifestyle event to promote:

    From : gov.sarah@yahoo.com
    Sent: Friday, August 31, 2007 6:13 AM
    To: Mason ; Janice L (GOV); Todd Palin
    Cc: Tibbles; Michael A (GOV); Perry; Kristina Y (GOV); Jackson; Karleen K (HSS); Kim; Anna C (GOV); Leighow; Sharon W (GOV)
    Subject : Event: Scheduling Requests

    We’ll do that Gov’s challenge- …
    Is it something you could also coordinate with HESS Commish
    Jackson? We’re looking for some kind of fitness-type event to highlight need for active lifestyle maybe HESS (Anna Kim would know) would assist on whatever the event is. Talis and other could participate too? Depending on what it is… Thanks!

    As always, she was for it, before she was against it.

    Here’s a lovely article about a First Gentleman’s role:
    First gentleman Eaves confident in governor, his own initiatives
    http://www.newbernsj.com/articles/eaves-94043-robert-first.html

    Reply

  19. Alaskan
    Feb 23, 2011 @ 08:38:08

    Aha, more revelations this morning! Man, this stuff is just getting weirder and weirder.
    Okay, so finally we get a little clarity on the back story – Bailey’s manuscript was accessible on an ftp site somewhere. I figured that it was ftp, but I didn’t imagine that it could be publicly accessible. I was guessing that people had been emailed a password for entry to view it. It doesn’t take an IT specialist to know that journalists and Alaska bloggers did NOT get a 500-page manuscript attached to an email!
    Now Immoral Minority and others’ protestations of ethics and copyright honor make more sense.
    Is there any reason not to have just simply spelled it out: “Dear blog audience, we got access to the entire manuscript on FTP, but we’re not going to post the site, out of respect for Bailey, Devon, et. al.”

    Syrin – I made a comment last night responding to Majii. You didn’t allow it. Maybe you just haven’t gotten to it yet.
    Please be reassured that my references to Sarah Palin staff emails have nothing at all to do with Frank Bailey’s manuscript. The emails that I referenced are contained in the group of state emails properly released (and redacted) through Freedom of Information Act requests about a year ago. The collection is a matter of public record.
    I used them in casual correspondence (this blog) to illustrate a point, did not modify/alter in any way that would violate intellectual property rights, but I failed to give proper credit – Crivella West Incorporated.

    “The hosting of these documents on this website is provided by Crivella West as a public service.
    The FREE CONTENT provided on this site may be used provided you do not modify or alter these materials in any way that will violate Crivella West’s intellectual property rights, or delete or change any copyright or trademark notice. The material on this site is provided for lawful purposes only. In return for the use of our FREE CONTENT the user must give accreditation to “Crivella West Incorporated”.”

    Reply

    • Syrin
      Feb 23, 2011 @ 08:57:15

      Alaskan… I’m not sure what may have happened, but I do not stop comments from posting or do I delete comments…

      I do not have the moderator will approve comment feature on. I’ll figure out whats going on. There are two with the username Alaskan, with two different email addresses. Are you the same person?

      Reply

      • Alaskan
        Feb 23, 2011 @ 10:32:03

        “Your comment is awaiting moderation.”

        Now there are two…

      • Alaskan
        Feb 23, 2011 @ 14:27:22

        I think so, but not sure. I’m on a shared computer. If the cache isn’t cleared, the various comment formats load crazy.

  20. Alaskan
    Feb 23, 2011 @ 10:34:49

    I replied to you and now there are three.

    Reply

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