It was not clear if those aides would join the appeal. Governor's spokesman Bill McAllister said Attorney General Talis Colberg has not yet spoken with the aides since the ruling was made.

Palin pledged her cooperation with the probe until she became Sen. John McCain's running mate. She has said through her lawyer that she only will cooperate with a separate investigation, one that she calls unbiased but is conducted in secret and can last for years.

Maassen represents Senate Judiciary Chairman Hollis French, the Democratic project manager of the investigation; Sen. Kim Elton, Democratic chairman of the Legislative Council; the investigator, retired prosecutor Steven Branchflower; and the Legislative Council.

French said Sept. 2 that the results of the investigation could constitute an "October surprise" for the McCain campaign. He later apologized for the remark, but Palin's lawyer has said the biased impression it created can't be undone.