Houston County assistant district attorney Mark David Johnson indicted for ethics charges

judicial

On Thursday, Attorney General Steve Marshall announced the indictment and arrest of Houston County Assistant District Attorney Mark David Johnson. Johnson, age 53 of Dothan, was indicted for multiple ethics charges. Johnson turned himself into the Houston County Sheriff’s Office Thursday without incident and is expected to make bond. Johnson has been subject to a joint Federal Bureau of Investigation (FBI) and Attorney General’s Special Prosecutions Division investigation into public corruption. The indictment charges Johnson with three counts of soliciting anything for the purpose of corruptly influencing official action and three counts of using his official position or office for personal gain. Johnson was indicted for soliciting “a female companion or escort” from a criminal defendant for the purpose of corruptly influencing official action in her criminal case(s). Johnson was also indicted for “soliciting picture(s), or female companionship, or sexual contact” from a criminal defendant (Witness Two) for the purpose of corruptly influencing official action in her criminal case(s). In the third count, Johnson was charged with “soliciting picture(s), or female companionship, or sexual contact” from a criminal defendant for the purpose of corruptly influencing official action in her criminal case(s); Each of these charges was based on the testimony of three different witnesses. Witness one testified that Johnson used his position as an assistant district attorney to obtain “a female companion or escort” Witness two testified that Johnson used his position as an ADA to obtain “sexual picture(s)” from her. Finally, the sixth charge is that Johnson used his position as an ADA to obtain “sexual contact or sexual picture(s)” from Witness Three. If convicted, Johnson faces a maximum penalty of 20 years of imprisonment and a $30,000 fine for each of the six counts in the indictment. All are Class B felonies. An indictment simply means that a grand jury has found that there is a probability that a crime occurred. Johnson will have an opportunity to defend himself in court. Every defendant is innocent until proven otherwise in a court of law before a jury of his peers. Attorney General Marshall thanked the Houston County District Attorney’s Office for its assistance during the investigation. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.

Barry Moore tells Breitbart that upcoming election is about gas and groceries

Congressman Barry Moore spoke with Breitbart News about the coming midterm election on Saturday. Moore said that the American people “have seen the failed policies of this administration,” and that the House Republicans are calling “it a two G election, “gas and groceries.” “I think [in] so many ways the American people have kind of seen the failed policies of this administration,” Moore said. “And we’re basically calling it a two G election, gas and groceries. I mean, the Americans are feeling this at the pump. They’re feeling it at the grocery store. And I think there’s a referendum on that and so many other things.” Moore said that the chaos at the border is another issue that is working against Democrats. “Border security has to be an issue, with over two million people we’ve had come across the border,” Moore said. “That’s a record, you know, and I think that starts and then crime that follows that I mean, as you have an open border, it’s flowing with fentanyl and human trafficking.” Republicans are optimistic that they can take control of the House of Representatives in the coming midterms. Former State Representative Steve Flowers wrote recently that the Republicans will probably take control of the House of Representatives. “In talking with people in the know in Washington, it appears to be a foregone conclusion that there will be major Republican gains in Congress,” Flowers wrote. “This prognosis is not only anticipated by Republican strategists but is even being acknowledged by Democrats on the Hill and throughout the nation. Moreover, even the liberal mainstream media is cognizant of this GOP sweep on the horizon.” Flowers estimated that Republicans could pick up 30 to 36 seats in the House in the midterms. The Senate had appeared to be in grasp, but scandals with some of the GOP candidates, particularly Herschel Walker in Georgia, could potentially derail those chances in the Senate. Moore is in his first term representing Alabama’s First Congressional District. Moore faces Democrat Phyllis Harvey-Hall and Libertarian Jonathan Realz. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.

Greenetrack will reopen tonight

bingo casino gambling

Greenetrack will hold a grand re-opening tonight of its Gaming Center. The casino closed in the aftermath of the Alabama Supreme Court decision finding for the state, stripping the “charity bingo” of its non-profit status and ordering Greenetrack to pay $76 million in disputed back taxes. Greenetrack is reopening on very shaky legal ground. The Alabama Supreme Court ruled last week that three other casinos in Lowndes and Macon County were illegal gambling halls, not bingo halls as their owners maintain. The state’s highest court remanded the case back to the lower court and ordered those judges to issue orders that those three casinos close within thirty days. The Court on Friday expounded on earlier court decisions going back to 2009 that bingo is a game played on paper cards. The court has ruled that gambling machines at the facility, very similar to the ones at Greenetrack, are (under Alabama law) illegal gambling machines and not electronic bingo machines as their operators claimed to the court. Alabama Attorney General Steve Marshall said in a statement that he was pursuing a separate court action to permanently close Greenetrack. Greenetrack CEO Luther Winn told the Tuscaloosa Thread that the casino will reopen Friday at 5 p.m. and will offer “Las Vegas-style games, mechanical reels, new titles,” and more. “We’re reopening with a product proven to be the top-growing market in the United States with historical horseracing,” Winn said, “We’ll have really nice games that are very competitive and fun to play.” Winn said Greenetrack, which employs an estimated 80 people in Eutaw, is essential to the Greene County economy. “Re-opening means that Greene County, I’m hoping, can take a deep breath, and people can depend on Greenetrack again for employment for years to come,” Winn said. The Alabama Constitution of 1901 outlaws games of chance. That 121-year-old document has not been reversed. Confusion entered into the law when certain counties, including Greene, Macon, Jefferson, and Mobile, passed local county-wide constitutional amendments allowing dog and/or horse racing in Alabama. Greenetrack opened as a dog track where people could bet on live dog races. That was followed by amendments allowing charity bingo. Over time, the tracks went to bingo and then put in electronic bingo machines, which state officials allowed. The Poarch Band of Creek Indians (PCI), Alabama’s only federally recognized Indian tribe, asked for and got a license from the U.S. Bureau of Indian Affairs to build their own “electronic bingo” halls in Atmore and Wetumpka under the 1986 Indian Gaming Act. Then-Attorney General Troy King issued an attorney general’s opinion that affirmed that electronic bingo was legal under the charity bingo amendments to the Alabama Constitution. Then Gov. Bob Riley appointed Mobile County District Attorney John Tyson, a political rival of King’s, to head a gambling task force that began seizing the electronic gambling machines. The Alabama Supreme Court found that Riley and Tyson were correct and that bingo cannot be played on a machine. Robert Bentley followed Riley as Governor, closed down the Governor’s gambling task force, and issued an executive order that prohibited state troopers from enforcing the law against gaming. Gov. Kay Ivey has continued the Bentley policy on gambling. In 2020 the Governor’s task force on gambling issued a lengthy report urging the Legislature to pass legislation allowing the current casinos to operate legally and impose a state lottery. State Sens. Greg Albritton and Del Marsh both separately brought the governor’s legislation, and it passed the State Senate in 2021 and 2022. The Alabama House of Representatives did not. Gov. Ivey has said that her greatest regret from her first term is that the Legislature has not passed gambling legislation. Marshall, meanwhile, has pursued legal actions to shut down the casinos. The Greenetrack Gaming Center has been in the process of remodeling and refurbishing its gambling machines since August. It reopens tonight, but its legality and its future remain in doubt. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.

Business organizations urge Biden administration to boost domestic energy production

Business leaders across the country have joined together to call on the Biden administration to boost domestic energy production and to abandon a proposal to ban new offshore lease sales. More than 200 local chambers of commerce in 47 states and 14 national associations penned a letter to President Joe Biden this week to urge him “to strengthen our energy security by removing impediments to greater domestic energy production.” “High energy prices remain a major concern for businesses throughout the United States and are a leading cause of inflation,” the letter read. “Businesses of all sizes are facing burdens from increased costs for goods, services, and transportation, which, combined with tight labor markets, presents major headwinds for the U.S. economy.” The letter argued that addressing climate change and energy security “are not mutually exclusive” and increasing domestic oil and natural gas production can “accelerate the energy transition” while simultaneously curbing cash to Russia and improving the lives of Americans. “Also, Russian oil is among the dirtiest in the world, so displacing it with cleaner, less carbon intensive U.S. production would bring obvious environmental benefits,” the letter read. Business leaders pointed to the Biden administration’s “mixed signals” on domestic energy production and outlined three major issues that should be addressed: Ending the ban on new oil and natural gas exploration on federal lands and waters, restoring canceled oil and gas lease sales and adopting a five-year plan for oil and gas development that allows the U.S. to maximize offshore potential. “Federal lands and waters were responsible for 22 percent of all U.S. oil production and 12 percent of natural gas. Taking these resources off the table has a significant impact on U.S. and global energy supply, today and decades into the future,” the letter read. “On July 1, the Department of Interior proposed a new plan that included an option to completely shut down offshore exploration by allowing no new leases, creating even more uncertainty,” it continued. “It is not reasonable to ask that companies make major, long-term investments without knowing whether exploration will even be permitted. “We urge the adoption of a new 5-year plan by the end of the year that includes the maximum possible number of lease sales,” business leaders wrote. The letter came around the same time the Organization of the Petroleum Exporting Countries announced plans to cut back on oil production, a move that’s expected to contribute to a spike in energy prices in the U.S. Louisiana organizations that signed onto the letter include the Baton Rouge Area Chamber, Chamber Southwest Louisiana, Greater Shreveport Chamber of Commerce, Louisiana Association of Business and Industry, Louisiana’s Committee of 100 for Economic Development, One Acadiana, and the Tangipahoa Chamber of Commerce. “The world needs safe, affordable energy and thankfully, America has plenty of it. It’s time to get America back in the game and the perfect place to start is the Gulf of Mexico,” said Louisiana Association of Business and Industry President Stephen Waguespack. “We know that producers along the Gulf Coast supply nearly 15 percent of our nation’s oil production, over 2 percent of our nation’s natural gas production and are capable of doing so much more. We need the Administration and Congress to stop tying the hands of our domestic energy producers at a time in which energy prices are rising, and inflation remains at historic levels. “America has the tools and resources, particularly right here in Louisiana and along the Gulf Coast, to maintain our position as a global energy leader,” Waguespack said. “It’s time to flip the switch on American energy and allow our energy creators to do what they do best.” Republished with the permission of The Associated Press.

Joe Biden issues federal marijuana pardon, asks governors to do same

President Joe Biden on Thursday pardoned thousands of people convicted under federal law of simple marijuana possession and urged governors around the country to do the same with state offenses. Not all governors, however, have such unilateral authority. The proclamation specified it applied to only the “offense of simple possession of marijuana.” The Libertarian Party estimated the pardon would affect about 6,500 people. “As I often said during my campaign for president, no one should be in jail just for using or possessing marijuana,” Biden said in a statement. “Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit.” Biden said he’s also asking the secretary of Health and Human Services, Xavier Becerra, and Attorney General Merrick Garland to review how marijuana is regarded under federal law. Biden said marijuana is considered the same class of drug as heroin and LSD and is on a higher schedule of classification than fentanyl and methamphetamine. The Department of Justice released a statement saying it would launch a “scientific review” of how marijuana is scheduled under federal law. The Democratic political action committee MeidasTouch said the pardon was historic. “President Biden pardoning all prior federal offenses of simple marijuana possession may just be the single-most transformative, morally right, politically smart use of the pardon power in history. It’s impossible to overstate just how massive this news is,” MeidasTouch posted on Twitter. Occupy Democrats tweeted it was the “greatest presidential mass pardon in history.”  The move comes just more than four weeks before Election Day. Analysts quickly seized on the announcement as a plea to voters, especially younger voters and those of color. Biden’s announcement does not decriminalize marijuana under federal law. In 1970, the Controlled Substances Act made it what is labeled Schedule 1. This means it has “no currently accepted medical use and a high potential for abuse.” Many states have since made all uses of marijuana legal, and others have made medical marijuana legal. The Republican Party’s national website and Twitter feeds of its chairwoman and chairman, did not have an immediate response at the time of this publication. Republished with the permission of The Center Square.

Alabama seeks new execution date for Alan Miller

death penalty

Alabama is asking a court to swiftly set a new execution date for an inmate who had his lethal injection called off last month after multiple failed attempts to connect an intravenous line to the man’s veins. The Alabama attorney general’s office, in the Tuesday court filing, asked the Alabama Supreme Court to set a new execution date for Alan Eugene Miller. The state did not give a timeframe but asked the justices to take the matter up before deciding a pending execution date request involving another inmate. The Alabama Department of Corrections attempted to put Miller to death on September 22, but officials called off the lethal injection after the execution team was unable to connect the intravenous line. The state faced a midnight deadline to get the execution underway before the death warrant expired. Miller, 57, was sentenced to death after being convicted of a 1999 workplace rampage in which he killed Terry Jarvis, Lee Holdbrooks, and Scott Yancy. Miller’s attorneys are expected to fight the effort to set a new execution date. U.S. District Judge R. Austin Huffaker Jr., at the request of Miller’s attorneys, ordered Alabama to preserve notes and medical materials from the failed execution attempt. Court documents have not disclosed exactly how long the state tried to connect an IV line to Miller. However, a lawyer for the prison system told Huffaker that there had been multiple attempts in the approximately 2.5 hours that elapsed between the U.S. Supreme Court clearing the way for the execution shortly after 9 p.m. and the state calling it off at about 11:30 p.m. “Due to the lateness of the hour, the Alabama Department of Corrections was limited in the number of attempts to gain intravenous access it could make. ADOC made the decision to halt its efforts to obtain IV access at approximately 11:30 p.m., resulting in the expiration of the court’s execution warrant,” the state attorney general’s office wrote in the request for a new date. This is at least the third time Alabama has acknowledged problems with venous access during a lethal injection. The state’s July execution of Joe Nathan James took more than three hours to get underway. Alabama called off the 2018 execution of Doyle Hamm after being unable to establish an intravenous line. Republished with the permission of The Associated Press.

Joe Guzzardi: Hispanic voters trending red

For the last several presidential election cycles, media messaging has been consistent: candidates who capture the Hispanic vote will win. The suggestion, often unstated, was that GOP candidates need to promote an illegal alien amnesty, pledge to curtail interior enforcement, and promote expanded immigration. In 2022, however, Hispanics could indeed hold the key to a GOP victory, but not because they endorse amnesty. Hispanics, realizing that an open border creates job competition, classroom chaos, and disrupts their communities, oppose President Joe Biden’s immigration agenda. The Hispanic shift toward Republicans has been slowly but steadily building. In 2004 and 2016, Republican Presidents George W. Bush and Donald Trump scored well among Hispanics, 40 percent and 38 percent, respectively. Trump’s 2020 total was almost 10 points higher than his 2016 tally. But in the 20 months since Biden’s inauguration, the White House’s open borders agenda has accelerated the Hispanic shift to the GOP. Remember that Hispanics who vote are U.S. citizens, and their hopes and concerns are largely identical to other Americans. In his new book, “Political Migrants: Hispanic Voters on the Move,” Jim Robb wrote that Biden’s refusal to enforce border laws and instead to opt for catch-and-release has been disastrous for all Americans, but especially legal immigrants and the 40-plus million American-born Hispanics. This fall, indications are that Hispanics will vote Republican at a higher rate than they did in 2020: 41 percent plan to vote Republican against 45 percent who will support Democrats, with others undecided. Since only 29 percent of Hispanics voted Republican in the 2018 mid-term election, 41 percent would be a significant GOP move toward capturing an important demographic. In fact, 41 percent would be the highest mid-term election share Republicans have ever received from Hispanics. On important life-affecting issues, Hispanics side with the GOP. Among likely Hispanic voters, 52 percent believe the government is doing “too little to reduce illegal border crossings and visitor overstays.” Only 15 percent believe the government is doing “too much.” Hispanic voters overwhelmingly agree that chain migration should be limited to spouses and minor children, that Congress should mandate E-Verify, which helps assure that only citizens and lawfully present foreign nationals can hold jobs, that businesses should raise wages to attract American workers before hiring foreign nationals, and that legal immigration should be reduced from its current one million-plus annually inflow. Other poll findings may vary, but tangible evidence exists that the Hispanic shift to the GOP is real and may represent the difference in November. In a special June election to determine who would represent Texas’ 34th congressional district in the illegal immigration-besieged Rio Grande Valley, Mayra Flores defeated Democrat Dan Sanchez. A citizen since age 14 and married to a border patrol officer, Flores represents a burgeoning breed of Hispanic officeholders who promote strict border enforcement. Flores is the first Republican to represent her historically blue district in 150 years and the first woman born in Mexico ever elected to Congress. Just weeks after her victory, Flores called on her colleagues to impeach Department of Homeland Security Secretary Alejandro Mayorkas for his abject failures to enforce immigration laws which have caused the ongoing border crisis. Texas gubernatorial challenger Robert O’Rourke, trailing Republican incumbent Greg Abbott, explained why Hispanics have abandoned Democrats. O’Rourke, harkening back to 2020, blamed Biden, who “…didn’t spend a dime or day in the Rio Grande Valley or really anywhere in Texas….” Flores will be on the November ballot when she faces Democrat Vicente Gonzales, who has consistently voted to support Biden’s open borders policy. Political forecasters maintain that the 34th still leans blue. But a Flores victory would confirm that the Hispanic trend to red is real. Joe Guzzardi is a nationally syndicated newspaper columnist who writes about immigration and related social issues. Joe joined Progressives for Immigration Reform in 2018 as an analyst after a ten-year career directing media relations for Californians for Population Stabilization, where he also was a Senior Writing Fellow. A native Californian, Joe now lives in Pennsylvania. Contact him at jguzzardi@pfirdc.org.