Lies and coverups: Did Ethics Commission attorney lie?

The narrative that an Alabama environmental group, activists and some journalists sold in November sounded menacing: “Indictments had been brought against Donald Trump‘s Regional EPA appointee Trey Glenn and former business partner, Scott Phillips, a state environmental board member.” But the problem with this narrative, in their own words,  is that these charges were an effort of the environmentalists at Alabama’s GASP themselves. GASP claimed in a November tweet, “Just so y’all know, Gasp made this possible. We were the ones whose presentation was shared by Glenn and Phillips. We paid for the exhibits in PACER so we could piece this story together. We did the leg work and the organizing. We need your support to keep doing it.” Once GASP “did and the leg work and organizing,” the indictments were spearheaded and pushed for by Ethics Commission lawyer Cynthia Propst Raulston. If Raulston’s maiden name sounds familiar, it’s because her sister, Stacie Propst, is the former the Executive Director of GASP. Stacie Propst and others took issue with the fact that a presentation she was to give before the Alabama Department of Environmental Management (ADEM) commission, which Phillips sat on, was given to Glenn before the meeting. The presentation, which had been formally submitted to the commission, was already subject to Alabama’s open records laws, but that didn’t stop Propst’s supporters from crying foul once it was brought to light Phillips shared it with Glenn (who then shared it with his clients). AL.Com’s John Archibald described Propst’s in a column decrying the fact it was shared saying, “So Propst walked headlong into a buzz saw. She was, according to videos and minutes of the meeting, greeted with tough questions about data, degrees of health danger and whether you’d have to have a condition that makes you eat dirt to be harmed…” Certainly, there’s more to the charges being brought than just GASP and their former executive director’s sister, right? Kyle Whitmire from AL.Com broke the news of the indictments with a statement provided by the ethics commission. Whitmire reported, that, “The Alabama Ethics Commission lead the investigation after being asked for help by the Jefferson County District Attorney’s office.” He supported that with the following statement from the commission.  “The Alabama Ethics Commission is committed to working with Alabama’s District Attorneys, and all enforcement agencies, whenever needed and asked to do so, to ensure enforcement of Alabama’s Ethics laws on behalf of the citizens of Alabama; and these indictments are evidence of that,” Alabama Ethics Commission Director Tom Albritton said in a press release. “I want to recognize the hard work from the Jefferson County DA’s office which requested our assistance in this important matter; and from our office, Cynthia Raulston, the Commission’s General Counsel, as well as Special Agents Dustin Lansford, Byron Butler and Chief Special Agent Chris Clark for their hard work and dedication to the enforcement of our Ethics laws.” That would be great except, The former Jefferson County DA, Mike Anderton, under penalty of perjury, has filed a formal declaration with the Circuit Court of Jefferson County that directly contradicts Whitmire’s reporting and the referenced Ethics Commission press statement. In it he says that Raulston was behind the entire case and that his office “had no plans to present any related matter to the grand jury.” He goes on to say his entire role in the case was just to facilitate Raulston’s use of the Jefferson County grand jury again, at her repeated request. Read Anderton’s declaration, as filed, below: So at the end of the day either the statement and claims from Allbrighton are factually incorrect or the sworn statement from Anderton is. Fortunately, we have the answer to how this all started, the tweet from Gasp says it all. So what’s next for those involved? At the February 11 arraignment of Glenn and Scott, where the charges were changed and some dropped, the defense filed for dismissal of the case in part for “malicious prosecution.” The judge made it clear that he would hold a hearing on the motion and that Raulston should be prepared to deal with the facts.  The facts seem to point very clearly to misconduct on the part of the Ethics Commission and toward malicious prosecution.

Kenneth Kilgo, longtime West Point mayor, dies at 61

Kenneth Kilgo

Kenneth Kilgo, who served as the Town of West Point, Ala. mayor for the past 12 years died early Monday morning. According to Warriors for Kenneth on Facebook, he passed away after going into kidney failure Sunday having had sepsis. He passed away at 1:30 a.m. at Huntsville Hospital. “The City of Cullman extends its condolences to the family, friends and colleagues of West Point Mayor Kenneth Kilgo. Kenneth was very active in civic affairs and took his position as a public servant seriously. He was a powerful influence for good in the growth and progress of the town of West Point, where he served as mayor for many years,” the City of Cullman Municipal Government posted on Facebook.

Alabama Confederate statue law to stay in effect amid appeal

Confederate flag waving

An Alabama law that prohibits cities from removing Confederate monuments will remain in effect while the state appeals a judge’s ruling that declared the statute constitutional, the Alabama Supreme Court ruled Friday. Justices granted the request of Attorney General Steve Marshall to stay a judge’s order striking down the law, Marshall’s office announced. “The Supreme Court’s stay allows the Alabama Memorial Preservation Act to remain in effect until the Supreme Court resolves this appeal over the act’s constitutionality,” Marshall said in a statement. Marshall said he believes a judge erred when he ruled the law unconstitutional. The 2017 Alabama Memorial Preservation Act prohibits relocating, removing, altering or renaming public buildings, streets and memorials that have been standing for more than 40 years. Cities can be fined for violations. Jefferson County Circuit Judge Michael Graffeo last month ruled that the law violates the free speech rights of local communities and declared it void. The state law doesn’t specifically mention Confederate monuments, but it was enacted as some Southern states and cities began removing such monuments and emblems. Alabama sued the city of Birmingham in 2017 after officials erected a wooden box that obscured the view of a 52-foot-tall (16-meter-tall) obelisk honoring Confederate veterans. In his order declaring the law unconstitutional, Graffeo said it was indisputable that most citizens in the majority black city are “repulsed” by the memorial. He rejected the state’s claims that lawmakers had the power to protect historical monuments statewide. Justices on Friday also agreed to stay any fines against Birmingham as the court case plays out over the law’s constitutionality. Republished with permission from the Associated Press.

Donald Trump taps Jeffrey Byard, another former Alabama official, to lead FEMA

Jeff Byard

Following the resignation of Federal Emergency Management Agency (FEMA) Director Brock Long, who previously served as Director of the Alabama Emergency Management Agency (AEMA), President Donald Trump announced he will nominate another former Alabama official to head the federal agency. Trump will nominate Jeffrey Byard, who first joined  FEMA in Sept. 2017 during the agency’s response efforts to Hurricanes Harvey in Texas and Irma in Florida, when he was appointed as the Associate Administrator for the Office of Response and Recovery (ORR). Byard had previously served as Executive Operations Officer at AEMA. During his tenure with there, Byard was responsible for the creation and implementation of the Alabama field response structure, which resulted in a more effective and efficient response and recovery model. He also served as the Deputy State Coordinating Officer for the nation’s first large scale host state evacuation event during Hurricane Gustav. From 2006-2007, he served as the Director of Alabama’s Transitional Recovery Office where he led and coordinated the timely delivery of FEMA’s disaster recovery and assistance support to state and local governments.

Bradley Byrne: Staying focused in a crazy Washington

US Capitol

Before the new Congress began at the start of this year, I made a prediction: with the new Democrat majority, we could expect crazy season from the left, with Democrat members taking every chance they could to undermine President Donald Trump. I don’t claim to have a crystal ball, but I think I hit the nail on the head in this case. So far in just the first month and a half of the 116th Congress, the Democrat Party has become the Obstructionist Party: they have stood in the way of strong national security measures, our American values, and President Trump. We saw a prime example of this just last week when the President was left with no other option to secure our borders and get a handle on the national security crisis there than to declare a national emergency. Ensuring the safety of the American people is a fight worth fighting, and while I wish it hadn’t come to this point, the Democrats have left President Trump with no choice. We must secure the border and build the wall. But it seems that Democrat craziness is totally unbounded this year, not just when it comes to border security but on issues of abortion, the environment, and the Second Amendment. They have completely lost sight of our core American values and are not listening to the millions of Americans who still hold fast to those values. As long as I am in Congress, I will continue to do everything in my power to keep focus in a crazy Washington. I remain dedicated to the issues that matter most to Alabamians, and I will continue to fight for you. The crisis at the southern border is real, yet Democrats seem intent on doing everything they can to push their open border policies. They want to put a cap on the number of people ICE can detain, but they don’t want to do anything to secure the border. In other words, it seems they just want to let criminals get away without any consequences. We are a nation of laws, and they need to be enforced. A few weeks ago, House Democrats blocked Representative Steve Scalise (R-LA) from testifying during a committee hearing on gun violence. Democrats are pushing new gun laws that would restrict the Second Amendment rights of law-abiding Americans without doing anything to actually prevent crime. As a victim of gun violence himself, it only seemed appropriate that Congressman Scalise should share his views. The issue, however, was that he still believes in supporting the Second Amendment, as do I, but this was not what the Democrats wanted to hear. Then we have the “Green New Deal,” which is nothing more than unserious, unfocused political messaging, proposed at the expense of the American people. This plan is poorly thought out, horribly expensive, and puts partisan politics over the American people. Let’s call it out for what it is. And far too many Democrats in Congress have made it clear they support infanticide, either with outright statements of support for radical abortion measures, or through their silence in not condemning late-term and live-birth abortion. In fact, we have attempted to pass a bill to ensure a baby born alive after an attempted abortion receives appropriate medical care, but Democrats even object to that bill. On every one of these issues, it seems commonsense has lost out and Democrats are most interested in pandering to the far left than solving problems. No matter how out-of-touch, crazy, and disconnected Washington, D.C., and the Democrats get, I will remain steadfast in fighting for the values we hold dear in Alabama. • • • Bradley Byrne is a member of U.S. Congress representing Alabama’s 1st Congressional District.

Daughter takes over seat of longest serving state senator

Malika and Hank Sanders

For nearly 40 years state Sen. Hank Sanders of Selma was a fixture of the Alabama Statehouse. Sanders, 76, did not seek re-election last year after nine terms in office. When lawmakers convene next month, Senate District 23 will be represented by another member of the Sanders family. His daughter, Sen. Malika Sanders-Fortier, won election to her father’s longtime Senate seat. The long-serving Democrat said he has no regrets about leaving state politics, because he says he is leaving the district in good hands. “Part of the reason I haven’t had a single afterthought is because I know Malika will not just do a good job, I know she’ll do a better job than I ever did. I am so proud of her. She has the intellect. She has the commitment,” Sanders said. Sanders grew up in poverty as one of 13 children, and made his way to Harvard Law School. He was elected to the Alabama Senate in 1983. Sanders-Fortier, 45, was just a child when her father was elected. As a teenager, she served as a page in the Alabama Legislature where her dad served in office. “Since I had no plans to be in politics, it never crossed my mind that I would actually be here in an official capacity,” Sanders-Fortier said. Like her parents, Sanders-Fortier is also an attorney. Since winning election, she said she’s been touched that both Republicans and Democrats have reached out to convey respect for her father. Sanders-Fortier said education, sentencing reform and urging Medicaid expansion will be among her top priorities. Alabama is one of 14 states that have not expanded its Medicaid program under the Affordable Care Act. “We say we’re a country where if you do an honest day’s work, there should be some basic benefits that go along with that. Certainly, health care should be one of those benefits. I think ultimately that is something we should all be able to agree on,” Sanders-Fortier said. She said she wants to urge more people to get involved in the political process, and plans to have what she calls deputy senators to share what is going on in their communities. Sanders last year had filed paperwork with the Alabama Democratic Party to run for a 10th term, a move that likely kept primary challengers from emerging for an open legislative seat. As qualifying ended, he announced he had made a last-minute decision not to run, and asked his daughter to do so instead. Sanders’ retirement comes at the same time a number of other longtime African-American legislators are leaving the Alabama Legislature. Some of them were elected not long after 1970 when African-Americans joined the Alabama Legislature for the first time since Reconstruction. State Rep. Alvin Holmes, a member of the House since 1974, lost re-election in Montgomery. State Rep. James Buskey of Mobile retired after 42 years in office. As the old generation gives way to the new, Sanders-Fortier joins a large entering class of freshman in both chambers of the Legislature. “I am just as proud as any father can be. I know I am going to remain proud, because she is going to make us all proud,” Sanders said. Republished with permission from the Associated Press.

Ex-FBI official: ‘Crime may have been committed’ by Donald Trump

Andrew McCabe

Former FBI Deputy Director Andrew McCabe said in an interview that aired Sunday that a “crime may have been committed” when President Donald Trump fired the head of the FBI and tried to publicly undermine an investigation into his campaign’s ties to Russia. McCabe also said in the interview with “60 Minutes” that the FBI had good reason to open a counterintelligence investigation into whether Trump was in league with Russia, and therefore a possible national security threat, following the May 2017 firing of then-FBI Director James Comey. “And the idea is, if the president committed obstruction of justice, fired the director of the of the FBI to negatively impact or to shut down our investigation of Russia’s malign activity and possibly in support of his campaign, as a counterintelligence investigator you have to ask yourself, “Why would a president of the United States do that?” McCabe said. He added: “So all those same sorts of facts cause us to wonder is there an inappropriate relationship, a connection between this president and our most fearsome enemy, the government of Russia?” Asked whether Deputy Attorney General Rod Rosenstein was onboard with the obstruction and counterintelligence investigations, McCabe replied, “Absolutely.” A Justice Department spokeswoman declined to comment Sunday night. McCabe also revealed that when Trump told Rosenstein to put in writing his concerns with Comey — a document the White House initially held up as justification for his firing — the president explicitly asked the Justice Department official to reference Russia in the memo. Rosenstein did not want to, McCabe said, and the memo that was made public upon Comey’s dismissal did not mention Russia and focused instead on Comey’s handling of the Hillary Clinton email server investigation. “He explained to the president that he did not need Russia in his memo,” McCabe said. “And the president responded, “I understand that, I am asking you to put Russia in the memo anyway.” Trump said in a TV interview days after Comey’s firing that he was thinking of “this Russia thing” when he fired Comey. Those actions, including a separate request by Trump that the FBI end an investigation into his first national adviser, Michael Flynn, made the FBI concerned that the president was illegally trying to obstruct the Russia probe. “Put together, these circumstances were articulable facts that indicated that a crime may have been committed,” McCabe said. “The president may have been engaged in obstruction of justice in the firing of Jim Comey.” McCabe was fired from the Justice Department last year after being accused of misleading investigators during an internal probe into a news media disclosure. The allegation was referred to the U.S. Attorney’s office in Washington for possible prosecution, but no charges have been brought. McCabe has denied having intentionally lied and said Sunday that he believes his firing was politically motivated. “I believe I was fired because I opened a case against the president of the United States,” he said. In the interview Sunday, McCabe also said Rosenstein in the days after Comey’s firing had proposed wearing a wire to secretly record the president. McCabe said he took the remark seriously, though the Justice Department last September — responding last September to a New York Times report that first revealed the conversation — issued a statement from an unnamed official who was in the room and interpreted the remark as sarcastic. McCabe said the remark was made during a conversation about why Trump had fired Comey. “And in the context of that conversation, the deputy attorney general offered to wear a wire into the White House. He said, “‘I never get searched when I go into the White House. I could easily wear a recording device. They wouldn’t know it was there,’” McCabe said. In excerpts released last week by CBS News, McCabe also described a conversation in which Rosenstein had broached the idea of invoking the Constitution’s 25th Amendment to remove Trump from office. The Justice Department said in a statement that Rosenstein, based on his dealings with Trump, does not see cause to seek the removal of the president. Sen. Elizabeth Warren, a Massachusetts Democrat who is seeking her party’s nomination for president, told reporters after a campaign event Sunday in Las Vegas that if the people around Trump believe he cannot fulfill the obligations of his office, then they have a duty to invoke the 25th Amendment. A favorite target of Trump’s ire, Warren said she has no special knowledge on whether there are grounds to remove Trump from office but said that “there are a whole lot of people who do see him every day who evidently were talking about invoking the 25th Amendment.” Republished with permission from the Associated Press.

Rauf Bolden: Is the new school in Orange Beach leading to another split?

Orange Beach

It may seem obvious to those who look. Orange Beach is perfectly positioned to have an independent school system, divorced from the constraints of the Baldwin County Board of Education (BCBE). In a stroke of negotiated genius, Orange Beach Mayor Tony Kennon closed a deal with BCBE, ensuring they take on millions of dollars worth of construction debt, providing a new High School/Middle School for students in Orange Beach with no increase in local-property taxes. The city did transfer land to BCBE, giving them clear title to the property the school will sit on. This new campus is the final catalyst for a school split in Orange Beach. As with all politicians, there is a hidden cost to partnering with the City of Orange Beach. The Baldwin County Board of Education is expected to make administrative concession, accommodating Mayor Kennon’s vision. He will be disappointed, leading to a split of irreconcilable differences. Kennon said, “I expect to be treated differently, I expect them [Baldwin County Board of Education] to listen to our community [me]. The school [Middle School/High School] that we’re building is a gem for them to show off,” according to a report by John Mullen on the OBA Website. BCBE is not going to let Orange Beach tell them how to do their job, providing the excuse for Orange Beach to file for separation, severing ties with Baldwin County, and forming an independent school system. Orange Beach tried twice before to found a school system. Once in 2007 and once in 2014, but both failed massively. This time the initiative will succeed. Mayor Kennon will have more influence over the school board in an independent school system, finally getting what council has always wanted for Orange Beach, tattooing their guidance on the lives of future generations through a finely tuned curriculum of academics, sports and after-school programs. This will take the worry off the shoulders of working parents, because their kids will be in supervised care from sunup to sundown. Prayer and The Pledge in standalone after-school programs are elements local parents will not oppose; having independent after-school programs is the only way this works. “Organized prayer in the public school setting, whether in the classroom or at a school-sponsored event, is unconstitutional. The only type of prayer that is constitutionally permissible is private, voluntary student prayer that does not interfere with the school’s educational mission,” according to adl.org. By example Gulf Shores City Schools will show how effective independent-minded programs can be, allowing Orange Beach parents to see how they can improve alternative education. Administrative differences will be pointed out, underlining the idea for independence. Perhaps more home-schooled children will come back, because of Orange Beach’s after-school model. Orange Beach must first demonstrate the short comings of the Baldwin County Schools, pointing again to how well an independent school system like Gulf Shores targets the unique needs of local children in a way generic, county-wide education never can, like marine biology, oceanography, or religious studies. Political interests will start to align, pointing out the discrepancies, and shortcomings of the county system. A groundswell of concern will rise, pleading for help, leading to discussions, therapy and divorce. “I would hope Gulf Shores would go ahead and help us [Orange Beach] move forward so both city and county schools can move forward,” said Mayor Tony Kennon. “We [BCBE] need to hire administrators, coaches, and … it’s frustrating and unfair to the parents who are in limbo.” according to a report in al.com (https://www.al.com/news/2018/12/orange-beach-families-to-state-where-are-we-going-to-school-next-year.html). The Baldwin County Board of Education and the Gulf Shores City School Board could not find common ground, negotiating the school separation, requiring the Alabama State Superintendent of Education to step in, settling the dispute. “Gulf Shores High School students living outside of the city going into grades 11 and 12 will remain at the school. Next year’s 10th graders will have the choice to stay at Gulf Shores High School or to attend class in Orange Beach,” said Dr. Eric Mackey, Alabama’s State Superintendent of Education. The possibility exists that students attending Gulf Shores City Schools from Orange Beach and Ono Island will be required to pay tuition, “Gulf Shores City Schools shall retain the right to formulate an Out of District Policy at their discretion,” said Mackey, according to a report in mynbc15.com. This Out of District Policy ruling is leverage for Gulf Shores City Schools. Precedent already exists for student applications, vetting, and tuition payments in Satsuma, an independent school system, according to a report on Satsuma City Schools web site. Kennon will be very disappointed if Orange Beach is saddled with a large tuition bill for its students, but you cannot expect Gulf Shores’ taxpayers to foot the bill for Orange Beach’s students. The Orange Beach City Council could volunteer to subsidize tuition, providing financial assistance to local parents, during the transition period. The Orange Beach separation whispers have already begun, based on the premise that we can do it better. “I am not comparing Orange Beach schools to the county,” Kennon said. “I’m comparing Orange Beach schools to the best in the state. If we can’t be the best in the state, then we have underachieved. We have the ability, the financial wherewithal to be the best in the state. No one can hold us back. We have to as a community expect excellence, hold our kids to it and hold other parents to it. If we don’t demand excellence, if we don’t demand that we are the best in the state then we’re not going to get it.” Obviously Mayor Kennon wants to put his stamp on the way things are done. This will be impossible with the reins of power in the hands of the Baldwin County Board of Education. Sooner rather than later Kennon will announce Orange Beach is going their own way. Orange Beach can afford to go it alone. In 2017 the city generated $41.8 million in revenue, having $25.1 million in expenses, leaving $16.7