Friday, July 17, 2009

Saradise Lost & Found - Chapter Six -- Friday July 17th Roundup

Perhaps the most problem-laden development today for soon-to-be ex- Alaska Gov.
Sarah Palin's long-term political prospects, was the discovery process filing made yesterday in Federal court, on behalf of Tennessee student, David C. Kernell, by his attorney, Wade Davies. Davies is requesting the following information and documents in his client's defense in the Palin Yahoo account hacking charge trial:

• Any that show whether Palin paid attention to privacy policies set by Yahoo for her personal e-mail account.

• Any that reveal who Palin may have allowed access to the account, through which she funneled government-related information.

• Any that show who in her administration could use private e-mail accounts for official business.

• All open records requests about use of those private accounts filed during Palin's tenure as governor and their outcomes.

• Any "voluntary disclosure of e-mail addresses of family members, pictures of Gov. Palin's family, cell phone numbers of family members, dates of birth of Gov. Palin and members of her family and/or the address book for the Yahoo! e-mail account" at issue in the case.

The judge seems a bit skeptical about the reach of the request, and the lead prosecutor, Greg Weddle, objected to to a "fishing expedition" by Kernell's attorney. But the judge is already determining whether FBI information obtained from their own "fishing expedition" into Kernell's attorney should be tossed. Davies has been instructed by the magistrate judge to pare down and narrow the scope of his requests.

I spoke briefly this afternoon with Jamie Satterfield, the Knoxville News-Sentinel reporter who wrote the story. She stated that Kernell's attorney is "very highly regarded." She also told me that the magistrate judge will pass on the final trial or deal package to a Federal district court judge. She seemed to feel the mid-October trial date might get set to later in the year, if it gets more complicated. Furthermore, she is surprised, as noted in her story, that at least six Federal investigators and attorneys attended the latest hearing.

Meanwhile, here are three YouTubes that show continuing mixed impressions about Palin's prospects.

Jesse Ventura calls Palin a "quitter":

A FAUX News panel discusses a the poll showing Romney clearing leading Palin as a 2012 contender:

And Greta puts as much Palin spin on the poll as she can:


onejrkitty said...

Don't make too much out of the following:

"Furthermore, she is surprised, as noted in her story, that at least six Federal investigators and attorneys attended the latest hearing."

This case is interesting to investigators and attorneys because of the points of law in question and the "win the war but lose the battle" conflict that may result, and not because of the fact that Palin is involved nor that federal investigators are necessarily looking to investigate her.

That being said, I am sure it is not lost on them that it is Palin and that many Alaskans do want the feds to investigate her. Hopefully to DO want to see Palin's material unveiled, but there are other big reasons for their attention.

Tennessee Student Indicted for Hacking Palin E-mail — Updated
• October 8, 2008
UPDATE 2: As I mentioned above, the indictment charges Kernell with only one count, but mentions two statutes, the Computer Fraud and Abuse Act and the Stored Communications Act.

The Justice Department hasn’t returned calls seeking elaboration on the charge, but former federal prosecutor Rasch says it appears prosecutors have invoked the Stored Communications Act to turn what would ordinarily be a misdemeanor into a felony.

“The trial is not going to be a factual issue about what (Kernell) did,” Rasch said. “It’s going to be a legal issue about what law applies here.”

If the government successfully argues that accessing Palin’s e-mail violated the Stored Communications Act, it “may find out that it loses by winning this case,” Rasch said, because the case would set a precedent that could make it harder for law enforcers to obtain read e-mails in other cases.

“It’s going to be a fascinating legal argument and a thicket for the judge to have to unravel,” Rasch said.

No matter what, this is a real problemf or Palin. If the subpoena is allowed, the SOA CANNOT IGNORE IT AS COLERG DID IN THE PAST. THEY DO NOT HAVE THE POWER TO "IGNORE" SUBPOENAS. THAT IS CONTEMPT OF COURT.

Philip Munger said...


Thanks for the comment. A lot of potential SCA and related issues are at stake in this weird little trial, eh?

I didn't mean to imply that the additional personnel involved in the Feds' take on this mean any other possible criminal proceeding beyond the one being pursued here.

onejrkitty said...

Oh, I know you didnt mean to imply the additional personnel involved etc ,but I think a lot of people less familiar with the possible precedent setting legalities might just assume it was because it is Palin.

I would have tended in that direction myself had I not read this article. I did not know they were trying so hard to turn a misdemeanor into a felony and THAT gives the defense all the more power to demand inclusive info from the prosecution and therefore SOA ! The defense is fighting hard because the prosecutor is really going after this kid more than is necessary.

That's good for us cause it supports the defense's subpoena request. I am thinking the judge wants the request narrowed simply because it is very inclusive and will involve a lot of work for the state --however, by asking for more, he has some fluff to compromise with and still end up getting the meat and potatoes he wants. Fluff (marshmallow?), meat , potatoes. I'm making myself hungry :)

Bottom line is it does no harm to have others paying attention no matter what the reason. Just gravy on the potatoes that they may learn more about Palin's lack of character in the process. Her using Yahoo is just soooooooooo over the top and dangerous to security. Her doing that is far more egregious than what the kid did, I think.

This has got to be upsetting OLP (Our Little Princess)

Anonymous said...

I'm wondering what Federal statute she violated in running official business through a private email account. Beginning to sound like the Karl Rove School of Government to me.

Mary said...

I'm a little confused.

Is it illegal or an ethics violation under Alaskan law for Gov. Palin to conduct state business using a private e-mail account, such as Yahoo?

If so, and an e-mail is exposed during this case, could legal actions still be taken against Palin? She won't be Governor anymore. Of course, if it were a matter of an ethics violation, and if an ethics complaint were dismissed when in fact, it was valid and the exposed e-mails proved it...could other dismissed ethics complaints be revisited?

Michelle said...

I believe the case Andree McLeod currently has before the courts in AK deals with these Govt. emails on a personal yahoo account. The case was delayed because the judge is one who submitted his/her name for consideration for AK Supreme Ct. Need to appt. new judge.

It is very interesting how these 2 separate cases may end up being tied together.

If the yahoo emails were used for Govt. purpose they may not fall under the "private" hacking charge.

onejrkitty said...

Related documents

A copy of the proposed subpoena for records from Alaska Gov. Sarah Palin

A copy of attorney Wade Davies motion asking for the subpoena

The government's response to Davies' request

onejrkitty said...

Will be interesting if Palin has to appear at trial as a witness either for the prosecution or the defense.

onejrkitty said...


The defense attorney, Wade Davis--more on him in a minute--legally requested his client not be referred to as a "hacker."

Appears the kid did NOT hack into anything. He simply guessed what Palin's password was, changed it and then gave ( or allowed ) others access to the account.

onejrkitty said...

Wade Davies is an excellent attorney with experience and expertise in Federal and government cases, as well as an author on computer forensics.

Looks like daddy got the best defense possible for his little boy.

This material may help.

And yes, Davies is a gooooood attorney who knows exactly what he is doing.

Remember, parts of Tennessee are just like Wasilla, so the judge may or may not give what "we" feel is a fair ruling. I know nothing about this judge's political stance.

1. » David Kernell Hires High-Powered Attorney

Like many attorneys here in Tennessee, founding partner Robert (Bob) Ritchie was a prominent ... Wade V. Davies, Attorney for David Kernell. From USA Today: ... - Cached - Similar

David Kernell Hires High-Powered Attorney

Daily News & Comments

Mr. Davies is a partner at the prestigious law firm of Ritchie, Dillard and Davies.

My point in filling you in on the law firm that was chosen is to show that his attorney is not a bargain basement, ambulance-chasing hack. There’s no blue-light special, discount legal service going on here. Serious times call for serious representation.

From the law firm of Mr. Davies, here’s a brief on his area of expertise:

Mr. Davies, who has been with the firm since his first year at the University of Tennessee Law School, graduated first in his law school class in 1993. He became a partner in January 1999. Today he serves as the firm’s managing partner.

Mr. Davies earned his Bachelor of Arts in History from Pomona College in Claremont, California.

Mr. Davies concentrates his criminal defense practice on representing individuals at both the trial and appellate levels.

His practice ranges from state court cases to the most complex federal matters. His civil practice includes an emphasis on representing individuals in litigation against the state and federal government and agencies.

Mr. Davies has also written a piece entitled Computer Forensics– How to Obtain and Analyze Electronic Evidence that you can view here.

Without a doubt, this article and this area of expertise is why Mr. Davies was chosen to represent David.


Davies asks for Palin's records

Knoxville attorney Wade Davies is seeking on behalf of University of Tennessee student David C. Kernell a host of records and information from Alaska Gov. Sarah Palin and her administration in his bid to defend Kernell on charges that he improperly accessed the 2008 GOP vice presidential nominee's private e-mail account. U.S. Magistrate Judge Clifford Shirley sounded surprised at the scope of the requested information. "You want every record on her computer that has to do with voluntary disclosure?" Shirley asked. Davies countered that among the charges Kernell faces is that he invaded Palin's privacy when he used publicly available information to essentially guess her password and then change it to gain access to her e-mail account. Shirley gave Davies a July 27 deadline to narrow his subpoena request or present proof of the records' relevance and admissibility.

Anonymous said...

Will be interesting if Palin has to appear at trial as a witness either for the prosecution or the defense.


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Anonymous said...

How sadly typical....some brat invades someone else's internet account and the "liberals" rally around him as though he was a hero rather than a creep.

Star the wonder pup said...

The banality of evil was never so personified. Love the boat, btw. For a six pack I might fly up and recaulk it with you.

gk said...

The email sagas are confusing. If state officials will not turn over state business, can't the citizens of Alaska sue the state and government officials for the state business that is in a private account? If it is a private account someone uses and for state business, how is it private any longer? Didn't she make it a business account? State business must be available for transparency.

Anonymous said...

I didn't mean to imply that the additional personnel involved in the Feds' take on this mean any other possible criminal proceeding beyond the one being pursued here.

That doesn't quite jive with what you wrote a couple of weeks ago.....that's kind of odd, isn't it ?

Here's a quote I got from law enforcement here in Alaska yesterday afternoon regarding Palin "a criminal indictment is pending authorization."

mlaiuppa said...

How sadly typical....some Governor attempts to evade public records laws using an non-secure public internet account with a simplistic password and the "right wing whackos" rally around her as though she was a victim rather than incompetent and unethical.

Patrick said...

All hail Queen Palin at the bingo hall in Unalakleet!!

Washington Post:

Anonymous said...

Cee4pee finally have their own twitter! This is what the world has been waiting for!

Anonymous said...

The creepy left is starting to become the creepy-crawly left with all the peering in garbage cans and under benches.

The only thing I can deduce from the continuing onslaught is that Palin is the politician feared the most by the left.

These comments and actions are either caused by deranged obsession or fear. I'm beginning to think that's it a little of both.

CrabbyPatty said...

RE: Palin breaking into Randy Ruedrich's computer - if you think that "some brat invades someone else's internet account and the "liberals" rally around him as though he was a hero rather than a creep." - how do you feel about Palin also breeching security, and using it for political gain? Or is that okay in PalinWorld?

mlaiuppa said...

The conservative right is starting to become the fascist right with all the ranting in the media and secret sexcapades.

The only thing I can deduce from the continuing onslaught is that Palin is the politician endeared the most by the right, perhaps in a misplaced belief she will save the party.

These comments and actions are either caused by deranged obsession or denial. I'm beginning to think that's it a lot of both.

Anonymous said...

If she was running official email through her personal yahoo account, I think she's broken Federal law.

The boy involved will have only brought the larger offense to bear - that of a governor using an illegal email account for 'official business'...

uh-oh! This may be far more damaging and criminal for Palin than we could have imagined. No doubt this factored into her hurried and "quitter" departure.