A judge has set a hearing on House Speaker Mike Hubbard‘s claims of prosecutorial misconduct and argument that the ethics law is unconstitutional.
Lee County Circuit Judge Jacob Walker scheduled the hearing for Oct. 26. Walker said for Hubbard to prevail, he must prove misconduct that substantially impacted a grand jury’s decision to indict Hubbard.
Hubbard faces 23 ethics charges accusing him of using his public offices to benefit his businesses.
Hubbard’s defense has argued that it is a selective prosecution and the ethics law is both unconstitutionally broad and being misapplied by prosecutors.
Walker will hold a separate Oct. 20 hearing on defense efforts to subpoena witnesses. Defense lawyers are seeking additional testimony from Attorney General Luther Strange and others.
Strange recused himself in the early days of the investigation.
Republished with permission of the Associated Press.