The matter risks casting a shadow on Palin's reputation, central to her appeal in the campaign, that she is a clean-government advocate who takes on entrenched interests — not a governor who tried to use her authority behind the scenes to settle a personal score.
Palin has defended her behavior and said she welcomed the investigation. "Hold me accountable," she said. But she and the McCain campaign have taken actions that could slow the probe, possibly past Election Day.
Making clear the dispute has ramifications beyond Alaska, Liberty Legal Institute, a Texas-based legal advocacy group, was working on the lawsuit filed Tuesday to stop the investigation. The institute has taken on a variety of cases in defense of conservative Christian positions.
Elton called the lawsuit "a distraction."
"The silver lining in this action initiated by the five lawmakers is that some of that debate now has been kicked to the judicial branch which, unlike the Legislature and the governor's office, is more insulated from the red-hot passion of presidential politics," he said.
Palin fired public safety commissioner Walt Monegan in July.
Weeks later, it emerged that Palin, her husband, Todd, and several high-level staffers had contacted Monegan about state trooper Mike Wooten, who had gone through a nasty divorce from Palin's sister before Palin became governor. While Monegan says no one from the administration ever told him directly to fire Wooten, he says their repeated contacts made it clear they wanted Wooten gone.
Palin maintains she fired Monegan over budget disagreements, not because he wouldn't dismiss her ex-brother-in-law. She has sought through her lawyer to have the matter investigated in a more favorable forum, the state personnel board.