Virus vaccine available at dozens of Alabama Walmart stores

Vaccines against COVID-19 will soon be available at more than 70 Walmart and Sam’s Club stores across Alabama, the company and the state announced. The Arkansas-based retailer said people who meet the state’s eligibility requirements can begin signing up for appointments, and the immunizations begin Friday. Part of the program is meant to get the vaccine into areas without adequate medical services, the company said. That includes the south Alabama town of Brewton, which the company said was chosen to get the vaccine because other immunization sites are so far away. More than 1,000 Walmart and Sam’s Club pharmacies in Alabama and 21 other states are receiving federal vaccine allocations this week. Gov. Kay Ivey said the state was grateful for the doses but urged patience since each store will have a limited supply of vaccine. The state on Monday expanded vaccine eligibility to include everyone 65 and older; school workers; grocery store employees; some manufacturers; public transit workers; agriculture employees; state legislators and constitutional officers. As many as 1.5 million people now qualify for shots, up from about 700,000 previously. Republished with the permission of the Associated Press.

Donald Trump trial gets go-ahead after emotional, graphic first day

House prosecutors on Tuesday wrenched senators and the nation back to the deadly attack on Congress as they opened Donald Trump’s historic second impeachment trial with graphic video of the insurrection and Trump’s own calls for a rally crowd to march to the iconic building and “fight like hell” against his reelection defeat. The detailed and emotional presentation by Democrats was followed by meandering and occasionally confrontational arguments from the Trump defense team, which insisted that his remarks were protected by the First Amendment and asserted that he cannot be convicted as a former president. Even Trump’s backers in the Senate winced, several saying his lawyers were not helpful to his case. The senators sitting as jurors, many of whom fled for safety themselves the day of the attack, watched and listened, unable to avoid the jarring video of Trump supporters battling past police to storm the halls, Trump flags waving. While many minds are made up, the senators will face their own moment to decide whether to convict or acquit Trump of the sole charge of “incitement of insurrection.” The heavy emotional weight of the trial punctuates Trump’s enduring legacy as the first president to face an impeachment trial after leaving office and the first to be twice impeached. The Jan. 6 Capitol siege stunned the world as hundreds of rioters ransacked the building to try to stop the certification of Democrat Joe Biden’s victory, a domestic attack on the nation’s seat of government unlike any in its history. Five people died.     “That’s a high crime and misdemeanor,” Rep. Jamie Raskin, D-Md., declared in opening remarks. “If that’s not an impeachable offense, then there’s no such thing.” Trump’s lawyers insist he is not guilty, his fiery words just figures of speech. In a key early test, senators rejected an effort by Trump’s allies to halt the trial, instead affirming the Senate’s authority under the Constitution to decide the case. They voted 56-44 to confirm their jurisdiction, ruling that impeaching a president after he leaves office is constitutionally permissible. Six Republicans joined the Democrats. Security remained extremely tight at the Capitol on Tuesday, a changed place after the attack, fenced off with razor wire and with armed National Guard troops on patrol. The nine House managers walked across the shuttered building to prosecute the case before the Senate. White House press secretary Jen Psaki said Biden would not be watching the trial of his predecessor. “Joe Biden is the president, he’s not a pundit, he’s not going to opine on back and forth arguments,” she said. With senators gathered as the court of impeachment, sworn to deliver impartial justice, the trial started with the Democratic House managers’ gripping recollections, as they described police officers maimed in the chaos and rioters parading in the very chamber where the trial was being held. Trump’s team countered that the Constitution doesn’t allow impeachment at this late date. Though the trial now proceeds, that’s a legal issue that could resonate with Republicans eager to acquit Trump without being seen as condoning his behavior. Lead lawyer Bruce Castor said he shifted his planned approach after hearing the prosecutors’ opening and instead spoke conversationally to the senators, saying Trump’s team would do nothing but denounce the “repugnant” attack and “in the strongest possible way denounce the rioters.” He appealed to the senators as “patriots first,” and encouraged them to be “cool-headed” as they assess the arguments. Trump attorney David Schoen turned the trial toward starkly partisan tones, saying the Democrats were fueled by a “base hatred” of the former president. Republicans made it clear that they were unhappy with Trump’s defense, many of them saying they didn’t understand where it was going — particularly Castor’s opening. Louisiana Sen. Bill Cassidy, who voted with Democrats to move forward with the trial, said that Trump’s team did a “terrible job.” Maine Sen. Susan Collins, who also voted with Democrats, said she was “perplexed.” Sen. Lisa Murkowski of Alaska said it was a “missed opportunity” for the defense. The early defense struggles also underscored the uphill battle that Trump’s lawyers face in defending conduct that preceded an insurrection that senators themselves personally experienced. Though they will almost certainly win Trump’s acquittal — by virtue of the composition of the Senate — they nonetheless face a challenge of defanging the emotion from a trial centered on events that remain raw and visceral, even for Republicans. At one pivotal point, Raskin told his personal story of bringing his family to the Capitol the day of the riot, to witness the certification of the Electoral College vote, only to have his daughter and son-in-law hiding in an office, fearing for their lives. “Senators, this cannot be our future,” Raskin said through tears. “This cannot be the future of America.” The House prosecutors had argued there is no “January exception” for a president to avoid impeachment on his way out the door. Rep. Joe Neguse, D-Colo., referred to the corruption case of William Belknap, a war secretary in the Grant administration, who was impeached, tried and ultimately acquitted by the Senate after leaving office. If Congress stands by, “it would invite future presidents to use their power without any fear of accountability,” he said. On the vote, six Republicans joined with Democrats pursue the trial, just one more than on a similar vote last week. Cassidy joined Collins, Murkowski, Mitt Romney of Utah, Ben Sasse of Nebraska, and Pat Toomey of Pennsylvania. But the total of 56 was still far from the two-thirds threshold of 67 votes that would be needed for conviction. It appears unlikely that the House prosecutors will call witnesses, in part because the senators were witnesses themselves. At his Mar-a-Lago club in Florida, Trump has declined a request to testify. Presidential impeachment trials have been conducted only three times before, leading to acquittals for Andrew Johnson, Bill Clinton and then Trump last year. Because of the COVID-19 crisis, senators were allowed to spread out, including in the “marble room” just off

FBI launches probe after Alabama inmate activist injured

prison jail prisoner

Three correctional officers are on leave as the FBI helps to investigate a prison altercation that hospitalized two officers and two inmates, including a well-known prison rights activist, the Alabama prison system said Monday. The Alabama Department of Corrections said the incident occurred between staff and inmates at William E. Donaldson Correctional Facility in Bessemer on Jan. 30. The two officers suffered stab wounds and Robert Earl Council and Ephan Moore, both inmates at the prison, were transported to hospitals for treatment for their injuries, the prison system said. Council, sometimes known as Kinetic Justice, is a prison rights activist who has been involved with prison strikes and other organization efforts. He is serving life without parole for murder. The U.S. Department of Justice has an ongoing lawsuit against Alabama alleging that state inmates are subjected to unconstitutional levels of violence from both inmate-on-inmate assaults and a pattern of excessive force. The state has denied the federal accusation. The department said it could not release additional information until the investigation is complete. “We can, however, confirm that three correctional officers have been placed on mandatory leave pending the results of the investigation. We also can confirm that the FBI has agreed to assist in conducting a joint investigation into the incident,” Corrections spokeswoman Samantha Rose said. Rose said it was not unusual to ask for federal help in an “investigation of this nature where federal law potentially may have been violated.” She did not elaborate. The prison system said Council was taken to a hospital but is now back in prison custody. Catrice Britt, Council’s niece, said her uncle was trying to intervene in an altercation between guards and Moore. “Robert Earl stepped in to help the guy. … He is in a lot of pain. He has stitches in his head, broken ribs, eyes swollen shut,” Britt told The Associated Press. Videos circulated on social media that the poster said was shot in the aftermath of the violence. The videos appeared to show a large amount of blood on the prison floor and inmates coughing from lingering pepper spray, or another chemical agent, in the air. An inmate says, “they jumped on Robert Earl.” Activists said the incident with Council and Moore needs scrutiny. “What is happening with the training?” said Kenny Glasgow, the founder of the Ordinary People’s Society, a nonprofit focused on criminal justice issues. Kenneth Traywick, another inmate organizer who is in a separate prison, said the organization effort is non-violent and said that inmate organizers have faced retaliation. “We don’t operate with violence,” Traywick said. The prison system said it is investigating the death of an inmate found unresponsive in his cell. David Lee Franklin, 31, was found unresponsive in his cell Tuesday and was declared deceased by facility medical staff, prison officials said. Franklin was serving a 10-year sentence for possession of a controlled substance out of Jefferson County Dewitt Searight, 77, passed away at a local hospital on Monday from an apparent ongoing medical issue, the prison system said. He was serving a life sentence without the possibility of parole for murder out of Butler County. Republished with the permission of the Associated Press.

Lottery, casino bill introduced in Alabama Legislature

bingo casino gambling

A proposal to start a lottery and allow casinos in the state was filed Tuesday in the Alabama Legislature, kicking off a push to get the issue of gambling before voters for the first time since 1999. Republican Sen. Del Marsh of Anniston said his bill proposes a state lottery and five casinos offering table games, sports betting, and slot machines, mostly at existing dog tracks. “I think the people of Alabama are ready to address this issue and want to. Polling data shows they want a vote on this,” Marsh told reporters Tuesday. Alabama voters must approve any change to the state Constitution to allow gambling. Alabamians last voted on gambling in 1999 when they defeated a lottery proposed by then-Gov. Don Siegelman. One casino would be located at a north Alabama site operated by the Poarch Band of Creek Indians. The other four would be at VictoryLand dog track in Macon County, Greenetrack in Green County, the racecourse in Birmingham, and the racecourse in Mobile, which is owned by the Poarch Band. The proposal would also encourage the governor to negotiate with the Poarch Band for their other facilities. The former president pro tempore indicated the bill will hit the legislative fast track, at least initially. Marsh said he hopes the Tourism Committee, which he chairs, will vote it out Wednesday to put it in line for a floor debate Thursday. However, Marsh said he does not intend to seek a Senate vote Thursday, and will instead wait until lawmakers return from a weeklong break. The north Alabama site would be located in Jackson or DeKalb counties, Marsh said. The site is of heavy interest because of the potential to draw in customers from Atlanta and Tennessee. Marsh said he is proposing to use lottery revenue to fund college scholarships. Casino revenue would be divided with 75% going to technology infrastructure, rural health, and mental health services; 5% going to local governments and the remainder to be appropriated by the Legislature. Casino revenue would be taxed at 20%. Gambling bills introduced since 1999 have fallen short under a mix of conservative opposition to gambling as a revenue source and a turf war over which entities could offer casino games or electronic bingo machines, which resemble slot machines. Marsh said he was trying to get agreement among the “major players” in the state. Republished with the permission of the Associated Press.

Steve Flowers: Big issues facing Alabama legislature

Steve Flowers

The 2021 legislative session has begun.  It will be a monumental and difficult session. Due to COVID restrictions, the logistics of just meeting will be a task.  House members will be spread out all over the Statehouse to adhere to distancing requirements.  It is still uncertain as to how the Press and lobbyists’ accommodations will be handled.  A new virtual voting console system has been installed to allow for House members to vote since all will not be on the House floor. There are a myriad of issues that have to be addressed.  Last year’s session was abbreviated and adjourned before the halfway point due to the pandemic outbreak.  Therefore, it has been almost a year since the legislature has met. There are hundreds of local bills that have to be addressed for cities and counties.  Alabama’s archaic constitution does not allow for home rule.  All power rests with the legislature. Therefore, local governments have to come with hat-in-hand to the legislature to make vital decisions. There are also cursory but urgent economic development incentive laws that need updating. The State Senate led by Senator Greg Reed (R-Jasper) has made a priority of passing legislation that will limit and probably prohibit lawsuits against business stemming from COVID-19. The paramount issues will be Reapportionment, Gambling, and Prisons. The major issue facing the legislature is the prison problem. The governor and legislature have been grappling with the prison problem for several years. Given the legislative absence, Governor Kay Ivey has made executive decisions that some legislators are not totally enthralled with, especially regarding prisons. The Governor thought they were on course to addressing the state’s overcrowded, understaffed, and violent state prisons.  However, the U.S. Department of Justice sued the state in the U.S. District Court in Birmingham in December.  The suit alleges that Alabama violates the constitutional rights of prisoners by failure to protect them from assaults and abuse from other inmates, excessive force by correctional officers, and failure to provide safe and sanitary conditions. This litigation is not unique to Alabama. The Justice Department has made a practice of overshadowing state prisons. Other states have been sued over similar situations.  Overcrowding seems to be the over-riding culprit.  Federal Courts have ordered states to reduce their prison populations because of overcrowding. California was given this mandate. Alabama prisons hold more than 15,000 prisoners in facilities designed for fewer than 10,000. Governor Ivey has proposed building three men’s prisons and replacing many of the 13 current prisons.  She faces contention and opposition from legislators on this issue.  She now will have another Big Brother looking over her shoulder, the U.S. Justice Department and the federal courts. Governor Ivey’s response to the federal suit is that it is premature and the state has been striving to resolve the crisis.  Indeed, the Legislature and the Alabama Department of Corrections has stepped up recruiting of correctional officers and increased pay and bonuses to address the staff shortage.  It has cracked down on contraband with a program called “Restore Order,” which uses predawn raids by law enforcement officers to search for weapons, drugs, cell phones, and other prohibited items. Gov. Ivey said the new prisons will have better security and better technology and will allow for more education and rehabilitation programs.  The new prisons will also allow for modern surveillance cameras and convex mirrors that can detect violence problems. Hopefully, the Governor and Legislature will address the omnipresent issue of gambling.  Alabama has grappled with gaming for decades.  Most of the concentration has focused on whether or not to have a state lottery.  While we sat idly by and twiddled our thumbs, every other state in America except the Mormon state of Utah has created a lottery and more.  Every state around us, Tennessee, Georgia, Florida, and Mississippi have lotteries.  Mississippi funds their entire government to a large degree by every form of gambling imaginable. In the face of honesty and fairness, the legislature should clarify and rectify the wrong done to the gaming centers at Macon and Greene counties.  The citizens of these two Black Belt counties legally and rightfully voted for a Constitutional Amendment to allow them to have gambling and electronic bingo.  It is a flagrant disregard of the Constitution for their facilities to be thwarted in their efforts to proceed with their rights and ability to supplement their county’s needs.  The legislature will need to remove the stranglehold and monopoly that the Indian Gambling Syndicate has on our state in order to proceed with allowing people to vote on gaming. See you next week. Steve Flowers is Alabama’s leading political columnist.  His weekly column appears in over 60 Alabama newspapers.  He served 16 years in the legislature.  Steve may be reached at www.steveflowers.us.