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Hey, it's boilerplate to say "they didn't conclude that, and even if they did, which I'm not conceding, they're wrong". Also, based on a quick reading of the Alaska Executive Branch Ethics Act, which is available online (click my sig), I don't see any criminal penalty for violations. I suspect that Rick Davis' fallback is that there were no _criminal_ violations of any kinds of laws or ethics rules.
Indeed, it appears that an employee's designated supervisor is responsible for "mak[ing] a written determination whether an employee's involvement violates AS 39.52.110 - 39.52.190 and shall provide a copy of the written determination to the public employee and to the attorney general." See Sec. 39.52.210., Declaration of potential violations by public employees. Who is the governor's designated supervisor? Is it the legislature, which commissioned the Branchflower report? Or is it the attorney general?
Also, it appears that penalties are limited to reassignment and/or divestiture of conflicting interests. Does that mean that Gov. Palin committed an impeachable violation? Perhaps the fun's not over yet.