Team McCain and the Trooper

French today acknowledged that some of his public comments about the ongoing probe may have been out of bounds. "I said some things I shouldn't have said," he told NEWSWEEK. But he insisted he had no intention of stepping down because the investigation was really being conducted by Steve Branchflower, a retired state prosecutor who was hired as the special counsel in the probe. French also said today he had moved up the deadline for Branchflower to produce his report. Although it was originally due Oct. 31, the Friday before the election, it will now be completed Oct. 10-in order to be "as far away from the election" as possible.

In the interview with NEWSWEEK, Van Flein, Governor Palin's lawyer, raised other objections to the troopergate probe. He said the legislative investigation ran counter to the Alaska Constitution because it was being conducted in secret and without strict procedural rules. He said that in the "post-McCarthy era", he would have expected more due process guarantees.

Van Flein also told NEWSWEEK that as part of defense preparations for the investigation, he had taken his own depositions from potential witnesses—including one this week who refused to give testimony to the Legislature's special counsel. That was Frank Bailey, the former senior Palin aide who was recorded mentioning the concerns of Palin and her husband that Wooten was still on the police force.

In the deposition taken by Van Flein, which Palin's lawyer made available to NEWSWEEK, Bailey acknowledged he had "overstepped my boundaries... I should not have spoken for the governor, or Todd, for that matter. I went out on my own on this discussion."

But Bailey also confirmed in the deposition that Palin had herself raised Wooten's name with the state police during her first security briefing after she won election as governor in November 2006. Bailey said he sat in on the briefing with Gary Wheeler, then head of the governor's security detail. Wheeler asked Palin and her husband whether they were aware of any threats against her that the new bodyguards should be concerned about. "They specifically brought up only one person, and that was Mike Wooten," Bailey testified. "There was a serious genuine concern about not only their safety but the safety of their family, their kids, their nieces, nephews, her father, regarding Trooper Wooten." Bailey testified that Sarah Palin never asked him to do anything about Trooper Wooten, but that Todd Palin did talk to him about "issues about Trooper Wooten," and expressed "frustration" that the state police were doing nothing to respond to the Palins' concerns.

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