Monument Protections Upheld by Alabama Supreme Court
The Alabama Supreme Court overturned an earlier ruling concerning a Birmingham confederate monument by a Jefferson County judge.
Steve Marshall taps A. Clark Morris to lead attorney general’s anti-public corruption, white collar crime unit
Alabama Attorney General Steve Marshall on Tuesday announced the appointment a new top prosecutor to lead the Special Prosecutions Division, following the resignation of longtime leader Matt Hart on Monday. A. Clark Morris will lead the Attorney General’s Special Prosecutions Division (SPD) which investigates public corruption and white-collar crime. She currently serves as First Assistant U.S. Attorney for the Middle District of Alabama, will officially take over the AG’s Special Prosecutions Division on January 7. “I am delighted that Clark Morris has agreed to lead my public corruption unit,” said Marshall. “She is universally respected throughout the law enforcement community and is the kind of hard-nosed prosecutor you want on your team. Her work ethic, professionalism, and integrity are visible to those with whom she interacts on both sides of her cases. Public corruption continues to be a scourge on our great state, and I am confident that the people of Alabama will be well served by Clark in this role.” Her prosecutorial experience includes work in the White-Collar Crime Unit of the Middle District’s Criminal Division. She also served as acting U.S. Attorney for the Middle District from March 2017 to November 2017. “Clark is not only highly experienced, but she also commands a strong working relationship with the U.S. Justice Department,” Marshall added. “Her addition to our office will make the Attorney General’s Special Prosecutions Division more effective in partnering with federal law enforcement to target public corruption – a goal I have sought since I first took office in 2017.” U.S. Attorney Louis Franklin also noted that Clark Morris’ appointment will enhance federal/state efforts to combat crime. “Mrs. Morris has been an incredible asset to the U.S. Attorney’s Office and her absence will be a huge loss. However, her new position at the Attorney General’s Office creates an opportunity for a partnership that we have not seen in years. Her leadership and judgment will serve the State of Alabama well, they are lucky to have her.” More on Morris Morris is a 20-year veteran of the U.S. Department of Justice. She served as an Assistant United States Attorney in both the Middle and Northern Districts of Alabama. In 2013, she was named First Assistant U.S. Attorney for the Middle District and has served two presidential administrations in that role. A native of Alexander City, Morris is a graduate of the University of Alabama School of Law (JD) and Hollins University (BA) in Virginia.
Mike Hubbard prosecutor Matt Hart resigns from Attorney General’s office
Prosecutor Matt Hart resigned from the Alabama Attorney General’s office Monday morning, the office has confirmed. “The Attorney General accepted Mr. Hart’s resignation today and thanked him for his service to the State. It is the policy of this office to refrain from comment about personnel matters, so we will have no further statement,” said Mike Lewis, spokesman for the Attorney General’s office. Hart is most known for the prosecution and conviction of former House Speaker Mike Hubbard. This story is breaking and will be updated.
Steve Marshall, Jospeh Siegelman seek office of Alabama attorney general
The Alabama race for attorney general features a Republican incumbent coming off a season of personal tragedy versus the son of one of the state’s most prominent politicians, now stepping out of his famous father’s shadow. Voters next week will choose between Republican Attorney General Steve Marshall and Democratic challenger Joe Siegelman, the son of former Gov. Don Siegelman. Marshall, 54, is seeking to win the office after being appointed last year by then-Gov. Robert Bentley. Marshall’s wife Bridgette died by suicide in June. As reporters inquired about the details of her death, Marshall made the decision to give an emotionally raw news conference describing his wife’s deeply personal struggles with depression and anxiety. “Hardest year of my life,” Marshall said of the last few months. Wearing an “Out of the Darkness” wristband from the campaign for suicide prevention, Marshall said he has been touched by the support he has gotten from people across the state, including those who share their own stories. He made the decision not to drop out of the race. His wife’s last love note to him encouraged him during the primary runoff. “What has given me strength to get to this point is that Bridgette was my biggest fan and she believed unequivocally that I was the right person for this job,” he said. Marshall, who was a district attorney for 16 years, said as attorney general he has tried to emphasize public safety, including passage of the Fair Justice Act to expedite death penalty appeals, and work with the governor to temporarily stop the early paroles of state inmates. Marshall in May filed a lawsuit against the U.S. Census Bureau seeking to block immigrants living in the country illegally from being included in 2020 U.S. Census counts that will determine how many congressional seats and electoral votes each state gets. “We’re willing to fight for the state. If we don’t prevail, we are going to lose a congressional seat, we believe, so we’ve stood up for the people of Alabama,” Marshall said. Siegelman, 30, said while people might be familiar with his last name, he wants them to get to know him. Despite his lineage, Siegelman said he never aspired to a political career and said he “can’t stand” what politics has become. Siegelman said the office of attorney general should be independent. “We’ve got to be about people, not politics,” Siegelman said. “My number one goal is to do the job of attorney general and take away any political grandstanding and especially any political agenda or even political consideration.” Siegelman said his priorities as attorney general would include addressing the opioid crisis, consumer protection and school and public safety. Siegelman said the attorney general’s office has been too slow to react to Alabama’s opioid crisis. Alabama in 2016 had the highest rate of prescriptions in the nation. In the closing weeks of the campaign, Siegelman has hammered at Marshall for his acceptance of $730,000 in “dark money” from the Republican Attorneys General Association. Siegelman contends the donations — run through multiple political action committees — both violate state campaign finance law and obscure Marshall’s funding sources. Siegelman said that leaves people wondering, “Is he working for the people of Alabama or is he working for one of these special interests out of state that have given him this extraordinary amount of money.” Marshall and the GOP group have maintained the contributions are legal. Growing up, the younger Siegelman said he didn’t realize the full scope of his father’s service and career until he was elected governor in 1998. Don Siegelman was one of the state’s most successful Democrats, holding four statewide offices. His career ended when he was convicted of federal funds bribery. The former governor has maintained his innocence. After law school, Joe Siegelman joined the Cochran Firm practice, where his work included civil rights issues. He also joined his father’s legal team, occasionally speaking to the news media on his father’s behalf as the elder Siegelman fought to overturn the conviction. Republished with permission from the Associated Press.
Joe Siegelman wants Ethics Commission to act on complaint against AG Steve Marshall
Democratic Attorney General Candidate Joe Siegelman held a press conference in Huntsville, Ala. on Thursday to urge the Alabama Ethics Commission to act on the ethics complaint filed against Attorney General Steve Marshall, that they have yet to take action on. The complaint alleges Marshall accepted $735,000 in illegal contributions from the Republican Attorneys General Association (RAGA) Action Fund. The actual complaint was filed back in July by Marshall’s Republican primary opponent, former state Attorney General Troy King. King alleged Marshall accepted the money from the RAGA political action committee and said that the group uses money from other PAC’s to fund their own PAC; violating Alabama’s PAC to PAC money laws. Siegelman’s press conference followed a letter that Siegelman sent to the members of the Alabama Ethics Commission earlier Thursday morning. “In less than three years, Alabama has lost the highest officeholder in every branch of its government due to unethical or illegal conduct. Now we may lose our Attorney General simply over greed for special-interest, dark money,” said Siegelman. “We face not only losing another high officeholder to illegality, but we face a crossroads of whether we are capable and willing to hold the chief law enforcement officer of the State accountable, or allow him to reside above the law.” Marshall’s campaign reacted to Siegelman’s press conference saying, “It is unfortunate that our young, inexperienced liberal democratic opponent has decided to run a false and negative campaign.” To which Siegelman replied, “My opponent criticizes me for being young. I may only be 30, but I know better than to accept $735,000 in illegal contributions. He sadly does not. Notably my opponent chose to attack me rather than respond to the allegations, which were made by a fellow Republican.” Read Siegelman’s letter to the Ethics Commission below:
Former department of health employee pleads guilty to felony ethics charge
According to a press release by the office of the Alabama Attorney General Steve Marshall, former state employee Yoshiko Denise Givner has pleaded guilty to forging travel reimbursement forms worth $15,000. According to an April 20, 2018 report by WSFA.com Givner was “arrested and charged with theft, criminal possession of a forged instrument, and using their office for personal gain.” They went on to report: Givner is specifically charged with criminally possessing 19 forged instruments with the intent to defraud, committed theft of more than $2,500, and used her office as an employee of the ADPH for personal gain. The AG’s office would not provide any other details except to say the charges are felonies with a maximum penalty of up to 20 in prison fine fines up $15,000 for each of the criminal possession of a forged instrument charges, and up to 20 years in prison and fines up to $30,000 for the theft and use of office charges. Givner worked as an administrative assistant at the Alabama Department of Public Health. Marshall’s office said that Givner forged her supervisor’s name to documents in order to collect mileage and travel expenses for trips she didn’t take. The forgeries occurred between 2013 and 2016. According to records from Open.Alabama Givner’s employment ended in February of 2017. The release reads as followed: AG GENERAL STEVE MARSHALL ANNOUNCES GUILTY PLEA BY FORMER HEALTH DEPARTMENT EMPLOYEE FOR FELONY ETHICS VIOLATION (MONTGOMERY) – Attorney General Steve Marshall announced the conviction of a former employee of the Alabama Department of Public Health for using her official position for personal gain, a felony ethics violation. Yoskio Denise Givner, 32, of Montgomery, pleaded guilty yesterday in Montgomery County Circuit Court. The case was prosecuted by the Attorney General’s Special Prosecutions Division. Givner used her former position as an administrative assistant for the Alabama Department of Public Health to falsify travel vouchers, forging her supervisor’s name on documents requesting payment for per diem and mileage she did not earn because she did not travel. Between October 2013 and August 2016, Givner used this scheme to steal more than $15,000 from the State of Alabama. A sentencing hearing will be set at a later date. Givner faces a maximum penalty of two to 20 years of imprisonment and up to a $30,000 fine. “Public employees are entrusted to conduct themselves in the service of the people of Alabama with integrity and honor, and when that trust is violated as it was by this defendant, I am committed to prosecute those who use their positions for illegal personal gain,” said Attorney General Marshall. He thanked the Alabama Department of Public Health for its vigilance in reviewing the illegal vouchers and its assistance in the investigation and prosecution of this case. He commended the Attorney General’s Special Prosecutions Division, noting in particular Assistant Attorney General Peggy Rossmanith and Special Agents for their outstanding work to achieve this conviction.
Troy King hit’s hard at Steve Marshall for ‘fat cat fundraiser’ on schedule
It’s safe to say Troy King knows a thing or two about the day-to-day proceedings of the Alabama Attorney General’s office. As the former Alabama Attorney General King — who was first appointed attorney general in 2004 by former Gov. Bob Riley, after William Pryor left the office to accept federal judge position with the Eleventh Circuit Court of Appeals. King later won his own term — is running for the seat yet again, hoping to return to his former office. After the June 5 primary, he’s moved one step closer. In a crowded GOP field, King managed to garner enough votes to pull sitting AG Steve Marshall into a runoff election on July 17, where he’s hoping to ultimately find victory as the Party’s nominee. Now, King is doing all he can to make a case for himself as to why he’s better suited for the position than Marshall. On Monday, he held a press conference outside of the state capitol in Montgomery, Ala. to do just that. “My preacher always said, if you know what to know what’s important to a man, if you want to know where his priorities lie, you look at his calendar. You don’t listen to what he is,” said King standing in front of a blown-up fundraiser invitation for Marshall. He continued, “Today with violent crime at a 20 year high, you might be wondering where is Steve Marshall. Is he home with his staff writing new laws? Is he at a parole board hearing battling for justice that’s been hard-fought for and hard-won, on behalf of victims families who are terrified of having justice snatched out of their hands? Is he in a grand jury room somewhere in Alabama? Is he in a court room somewhere in Alabama?” “No, he’s at an exclusive golf club in North Carolina… he is standing there with fat cat donors and lobbyists who spent $25,000 to spend the weekend with him. And $5,000 a person to come to a political fundraiser.” King went on to explain what he’s doing differently. When asked if thought the Attorney General’s office was being bought, he when on to say “it’s at least being rented.” “$425,000 from out of state donors,” King explained. “The only explanation I could come up for is to why people who don’t live in Alabama, who don’t have an interest in Alabama would give the Attorney General that much money if they want something in return.” The winner of the GOP runoff will face Democrat Joseph Siegelman, son of former Gov. Don Siegelman, in November’s general election.
AG’s office responds to Sherry Lewis’s request for dismissal of ethics charges
Birmingham Water Works Board (BWWB) of Directors member Sherry Lewis filed a request to dismiss her ethics violation charges in April, saying the state’s case against her had no real substance as it did not contain specific dates for her infractions. Lewis’s motion also included language saying she was not informed of any specific conduct for which she had disobeyed the law, and failed to inform her, and her codefendants Jerry Jones and Terry Williams, “‘of the nature and cause of the accusation’ against her and subjects her to being ‘twice put in jeopardy’” making the original claim against her unconstitutional. The Alabama Attorney General’s office responded to Lewis’s request this weekend by denying it. They said the evidence against her is sufficient, and her concerns about “double jeopardy” are premature. Lewis, Williams and Jones were indicted for several violations of state ethics laws in December of 2017. The original claim the state made against Lewis said she used her “official position or office to obtain personal gain for herself, a family member, or a business with which she is associated, and such use and gain were not otherwise specifically authorized by law.” She argues in her request for dismissal that the state used language from an Alabama law, not specifics for which she was indicted. But the state’s response to Lewis’s request for dismissal tells a different story, which describes that Lewis unlawfully used her influence on the board to obtain “money, a no-show job for a family member, and free meals and other improper benefits.” The response continues to say Lewis got those things from two people: “Defendant Jerry Jones, a former Vice President of Arcadis U.S. Inc., and Defendant Terry Williams, an Arcadis subcontractor. Jones was the manager of the BWWB account with Arcadis and he ostensibly hired Williams and his company, Global Solutions, LLC, to work on BWWB projects.” Arcadis has made millions of dollars advising and working on technical issues for the BWWB, and Jones, as Arcadis’s account manager for the BWWB contract, earned more than $300,000 per year for his his client-management services. Asking for specifics on her charges, Lewis got them. The state’s response to Lewis continued to say that Jones and Williams provided Lewis’s son, Joseph Lewis, with a no-show job with Williams’s company. Joseph Lewis received more than $25,000 from the company and would regularly deposit money into his mother’s account, often the same day Williams paid him. “Additionally, when Lewis traveled for BWWB business, Jones often paid the bill,” said the state’s response. “On numerous occasions, Jones filed false expense reports and reimbursement requests with Arcadis about meals that Jones bought for Lewis or her family. For her part, Lewis concealed that her sixty-plus votes for Arcadis benefited her financially and that her refusal to consider other engineering firms for public work had a personal motivation. By prioritizing personal financial gain over honest government, the Defendants violated the Alabama Ethics Act,” the report continues. Lewis and her attorney’s refuse to admit to these charges, and is “looking forward to her day in court to confront the prosecutions accusations,” according to WBRC. If found guilty of the charges, Lewis, Jones and Williams all face $30,000 each in fines, and a maximum sentence of 20 years in prison. You can read the full text of Lewis’s request and the state’s response below: Lewis’s Motion to dismiss: Sherry Lewis Motion to Dismiss by Jenna Anderton on Scribd State’s Response: Alabama Attorney General’s Office Response to Sherry Lewis Motion to Dismiss by Jenna Anderton on Scribd
Equal pay activist Lilly Ledbetter endorses Joseph Siegelman for AG
Alabama Attorney General-hopeful
Steve Marshall announces Alabama cybercrime lab
Alabama Attorney General Steve Marshall on Wednesday announced the formation of a new cybercrime Lab located in the Attorney General’s office to assist law enforcement officials in the state with cyber-related investigations. “For law enforcement, investigating cybercrime and accessing digital evidence present real challenges. But these hurdles can be overcome when agencies work together to combine expertise and training,” said Marshall. “The Cybercrime Lab provides cutting edge tools to enable our investigators to more effectively conduct online investigations of criminal activity, ranging from child sexual exploitation and human trafficking to network intrusions and data breaches. Equally important, the Cybercrime Lab will serve as a resource for federal, state and local law enforcement in Alabama seeking assistance in accessing criminal evidence stored on digital devices.” The Alabama Attorney General’s Office was joined by U.S. Attorney for the Middle District of Alabama, Louis Franklin, the Federal Bureau of Investigation, officials with the U.S. Secret Service, U.S. Department of Homeland Security Investigations, the Alabama Fusion Center, and the Alabama Office of Prosecution Services in announcing the new lab. The AG’s office has also joined the Alabama Focus Group on Skimming in launching a new web link for owners of victimized payment card systems and law enforcement for the reporting of suspected debit/credit card skimming devices, the collected information will then be used to investigate and prosecute criminals involved in illegal skimming operations within state. “Cybercrime is ever increasing and touches most people in some form,” added Franklin. “As the level of cybercrime becomes more sophisticated, it is important that our investigative techniques are expansive enough to combat these criminals. This cybercrime lab will give us extra tools in our investigative toolbox to identify and prosecute those cyber offenders.” According to the AG’s office, over the last year cyber agents with the Alabama Attorney General’s Office have already assisted more than 30 agencies in cyber investigations, including unlocking cell phone evidence in homicides, tracking down credit/debit card skimmers, and unmasking criminals behind identity theft cases. These agents have also helped businesses and local governments recover nearly $1 million potentially lost in cyber theft cases. The new Cybercrime Lab will expand the ability of the Attorney General’s Office to conduct such investigative work.
Chris Christie qualifies to run for Ala. Attorney General, as a Democrat
Chris Christie has officially announced he’s running for office… in Alabama. No, not the former Gov. of New Jersey. This Chris Christie of Birmingham, Ala. wants to be that state’s next attorney general. And unlike the former GOP presidential candidate, this Christie is a Democrat. According to his Facebook page, he is the “original” Chris Chrisie. “I am the original Chris Christie, born three years before the other Chris Christie who has been in the news,” Christie quipped. “I am pleased to announce that I am officially qualified to run for Attorney General of Alabama. Thank you for your support. Together, we can bring integrity back to the office,” Christie posted on Facebook upon qualifying to run on Tuesday. Christie’s platform includes protecting the people of Alabama, providing support to law enforcement and DAs and prosecuting government corruption. A Rhode College graduate, Christie went on to Duke University on a partial scholarship, earning his law degree and a M.A. in Public Policy. While in law school, he taught undergraduates introductory Public Policy, worked as a Resident Director over about half of the upperclass undergraduates, and spent his last semester working at the Orange County Public Defenders’ Office in N.C. While in law school he also married his wife, Donna Wallace Christie. After law school, he joined the Peace Corps with Donna, serving in Cameroon, Africa where he taught law at the University of Yaoundé School of Law and worked at the Peace Corps office supporting other volunteers and running the training for new volunteers. After serving for two years in Cameroon, he returned to Birmingham where he clerked for one year with a federal judge, the Honorable Seybourn H. Lynne, and then joined Bradley Arant Boult Cummings LLP. A former partner at Bradley for 29 years, he represented employee benefit plans, like pension plans, and healthcare providers, especially when sued by the federal government.
Steve Flowers: the clock is ticking for Steve Marshall to restore faith in the AG’s office
Jefferson County is transitioning from a Republican to a Democratic county. In the process, they are having an interesting array of intriguing political happenings. You may recall that a few months back I wrote about the indictment of the newly elected Jefferson County District Attorney, Charles Todd Henderson, on perjury charges. To say a lot has happened since then would be an understatement. Dr. Robert Bentley has vacated the governor’s office under a scandalous cloud. Lt. Governor Kay Ivey has ascended to governor, and appears to be the favorite to win election to a four-year term of her own in next year’s upcoming elections. We have had a Special Election to fill the remaining three years of Jeff Sessions’s six-year Senate term. Former Governor Bentley’s appointee, former state Attorney General Luther Strange, was overwhelmingly defeated by former state Chief Justice Roy Moore, and the Ten Commandments Judge is poised to become our junior U.S. Senator. Therefore, that brings me back to Henderson. There is a trial beginning next week regarding the Democrat Henderson. Todd Henderson was a police officer and a youth sports coach that put himself through law school later in life and, ultimately, became a lawyer. He is also a lifelong Democrat. Therefore, when he challenged two-term Republican Jefferson County District Attorney Brandon Falls in the 2016 Election, Henderson won. It was simply another referendum on the party power struggle in our most populous county. The District Attorney race, similarly to all of the judicial races, has become a simple partisan straight ticket voting pattern in imperial Jefferson. Henderson won election in a fair and square unquestionable election. The reason Henderson won was because he was a Democrat and Falls was a Republican. Luther Strange being the Republican Attorney General of course took the Republican mantle and began investigating Henderson to find a way to thwart the Democratic takeover of this powerful post of Jefferson County District Attorney. Strange’s office began investigating Henderson on perjury charges only after he was elected the Democratic nominee. Had Henderson lost to Falls that might have been the end of it. Based on research there has never been anyone in Jefferson County indicted, much less convicted of perjury in a divorce case. But Henderson won. So, on January 13, 2017, just three days before Henderson was supposed to take office, Strange indicted him. When a District Attorney gets indicted, he is immediately suspended from office and the presiding local judge gets to pick who’ll replace him while the indictment is pending. Most folks do not know this, but the recently defeated Falls was well aware of this fact. That is why, according to some, Falls showed up at the judge’s office right after the indictment and made a pitch that he be appointed to fill the position. Just think about that. The voters in Jefferson County had rejected him as their DA with their votes, and he is trying to sneak in the back door as soon as he gets the chance. Fortunately for the voters, the judge was having none of it and appointed Henderson’s chief deputy instead. Now the case is headed to trial and the only way Falls or any Republican can get into the DA office is if Henderson gets convicted. That is because a conviction will remove both Henderson and the judge’s appointment from office, giving Governor Ivey, a Republican, the power to appoint whomever she wants and you can bet it will not be a Democrat. The whole mess stinks to high heaven of political motivation and vindictiveness. Our new Attorney General Steve Marshall, who was not a party to the Strange/Bentley scheme, has the chance to end this chicanery now before the trial starts and restore some faith in the office of Attorney General. The clock is ticking. Marshall, who was appointed by Bentley to fill out the remainder of Luther Strange’s term, is running for a full term. The former Marshall County District Attorney is essentially unknown statewide. Currently, former U.S. Attorney Alice Martin and Birmingham lawyer Chess Bedsole are the frontrunners to win next year’s race for Attorney General. However, if former Attorney General Troy King enters the race, he will win in a cakewalk. 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 state legislature. Steve may be reached at www.steveflowers.us.
