Robert Bentley arrives to testify in Mike Hubbard ethics trial
Alabama Gov. Robert Bentley has arrived at a Lee County courthouse to testify in the ethics trial of Alabama House speaker Mike Hubbard. Bentley is expected to be one of the first witnesses Wednesday morning. Prosecutors will ask Bentley about meetings with Hubbard and if Hubbard lobbied him on behalf of a business client. Alabama ethics law prohibits legislators from being paid to lobby executive branch offices. The governor was met at the courthouse by his legal adviser, personal attorney and spokeswoman. Bentley’s testimony is expected to be a dramatic moment in the corruption trial of the Republican speaker. Hubbard faces 23 ethics charges accusing him of using his political positions to make $2.3 million in work and investments. Hubbard has maintained his innocence. However, the Republican governor in recent months has been at the center of his own scandal. Bentley admitted making sexually charged remarks to a former female aide. Republished with permission of The Associated Press.
Robert Bentley a no-show for the State Auditor’s summons
Before sixty seconds had come to pass, Alabama State Auditor Jim Zeigler deemed Governor Robert Bentley a no-show Monday morning saying he failed to answer his summons to respond to questions about his alleged misuse of state resources. Zeigler made his summons public on April 21 when he announced he’d be waiting Monday morning in his office “at 10 a.m. with a court reporter, and a Bible to swear in the Governor.” Announcing before the crowd gathered in his office, “So at this time I will call for the witness, Governor Robert J. Bentley. Is there a representative for Governor Robert J. Bentley? We will reach the conclusion that the witness has not appeared in violation, therefore of the order to appear issued April 21,” Zeigler said. The summons, possible due to a little-known portion of state code allowing the state auditor to require testimony under oath, called for Bentley to produce documents regarding alleged mismanagement of state resources surrounding Bentley’s relationship with his former chief aide, Rebekah Mason. Bentley’s no-show was not altogether unexpected. In the initial response to the summons, Bentley had said, “The appropriate legal process is through the Alabama Ethics Commission where the Auditor has already filed a complaint, and we are fully cooperating in every way. I do not intend to respond further to Mr. Zeigler.” Zeigler now plans to file a court order in the Montgomery County Circuit Court by May 9 to compel Bentley’s testimony.
Robert Bentley facing impeachment push: ‘I’ve done nothing wrong’
Embattled Gov. Robert Bentley on Friday maintained he has done nothing wrong, just a day after Alabama lawmakers revived an impeachment effort against him. At a press conference in his office, Bentley initially tried to side step impeachment questions but relented when pressed, imploring Alabamians to trust him. “I’ve done nothing – absolutely nothing – that is illegal or unethical,” Bentley said. Bentley faces accusations of corruption and willful neglect of duty a month after he acknowledged making inappropriate remarks to a female political adviser, but the governor says Alabamians shouldn’t worry about the possibility of impeachment. “Distractions that come around us all the time, that is not going to keep me from carrying out the purpose that I believe God put me here to do,” Bentley said. “That’s to do this job well and to do it in a way that glorifies Him but also to do it in a way that it helps the people of this state.” The governor said the past year has been difficult, but he hasn’t “neglected” his duty as governor. “I don’t want difficult times to come my way, but I have to rise above those difficult times,” Bentley said. “How can they make me stronger? Because I’m not going to give up.” A push for an investigation faltered Tuesday in the House of Representatives, but the effort was reignited Thursday when 23 lawmakers signed off on new articles of impeachment. The articles will trigger a House Judiciary Committee to probe whether there are grounds for impeachment, though it’s unclear how quickly that inquiry will proceed. “Governor Bentley has overstepped his bounds and needs to be removed from office,” said Rep. Ed Henry on Thursday. The push by some for impeachment comes after former Alabama Law Enforcement Secretary Spencer Collier accused the governor of an affair and of interfering with law enforcement investigations. Collier made the allegation a day after being fired by Bentley. Collier last week sued Bentley, Rebekah Mason and the current ALEA for defamation and wrongful termination. Bentley acknowledged making inappropriate remarks to Mason but denies an affair or misuse of office. Recordings obtained by The Associated Press purportedly show the governor – before his 2015 divorce – professing love to someone and telling her how much he enjoyed kissing her and touching her breasts, and referencing a need to start locking his office door. The former First Lady, Dianne Bentley, filed for divorce in August 2015 after 50 years of marriage. Republished with the permission of the Associated Press
23 Alabama legislators sign Robert Bentley articles of impeachment
Twenty-three members of the Alabama House of Representatives have signed a resolution authored by Republican from Hartselle Ed Henry calling for the impeachment of Governor Robert Bentley in light of an alleged affair and the possibility of improper use of taxpayer funds. The resolution’s signatures slightly exceeded the 21 needed to file the resolution, according to a separate resolution sponsored and passed by Rep. Matt Fridy, Republican of Montevallo Tuesday which established the procedures for impeachment. An impeachment clause exists in the Alabama Constitution, but has never been used on a constitutional officer. Under the procedure resolution, 63 members of the 105-member house will have to vote to begin the Senate-led trial. The Resolution has been referred to the House Judiciary Committee for further action. While the majority of the impeachment resolution’s signees are Republicans who have previously called for the Governor’s resignation, it took a few Democrats signing on to meet the new procedure’s requirements. The following representatives signed the resolution calling for the governor’s impeachment. Ed Henry (Sponsor) Will Ainsworth (Republican of Guntersville) Mike Ball (Republican of Madison) Mack Butler (Republican of Gadsden) Danny Crawford (Republican of Athens) Allen Farley (Republican of Pleasant Grove) Craig Ford (Democrat of Gadsden) Tommy Hanes (Republican of Bryant) Mike Holmes (Republican of Wetumpka) Reed Ingram (Republican of Montgomery) Arnold Mooney (Republican of Birmingham) Barry Moore (Republican of Elba) Johnny Mack Morrow (Democrat of Red Bay) Becky Nordgren (Republican of Gadsden) Jim Patterson (Republican of Meridianville) David Sessions (Republican of Grand Bay) David Standridge (Republican of Oneonta) Patricia Todd (Democrat of Birmingham) Isaac Whorton (Republican of Valley) Ritchie Whorton (Republican of Owens Cross Roads) Margie Wilcox (Republican of Mobile) Jack W. Williams (Republican of Georgetown) Phil Williams (Republican of Harvest) Below is the entire text of the articles of impeachment. ARTICLES OF IMPEACHMENT AGAINST GOVERNOR BENTLEY. WHEREAS, in 2010, Governor Bentley was elected the 53rd Governor of the State of Alabama and was reelected to a second term in 2014; and WHEREAS, Section 173 of the Constitution of Alabama of 1901 provides that the Governor and other constitutional officers of this state may be impeached upon the adoption of articles of impeachment by this body and upon trial by the Senate, acting as a court of impeachment; and WHEREAS, two formal complaints have been filed with the Alabama Ethics Commission to determine whether Governor Bentley violated state ethics laws by misusing state property; and WHEREAS, in recognition of the gravity of the adoption of these articles of impeachment and upon findings that Governor Bentley has violated the public trust, this body concludes Governor Bentley should be impeached for cause; now therefore, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE LEGISLATURE OF ALABAMA, That Governor Bentley is impeached for cause and that the following articles of impeachment, based upon the findings in this resolution, be transmitted to the Senate for trial as provided in Section 173 of the Constitution of Alabama of 1901: ARTICLE I. Willful Neglect of Duty. Credible evidence exists to create probable cause to believe that, in his conduct while Governor of the State of Alabama, he willfully neglected his duty as Governor by failing to faithfully execute the laws of this state and by refusing to perform his constitutional and statutory duties. ARTICLE II. Corruption in Office. Credible evidence exists to create probable cause to believe that, in his conduct while Governor of the State of Alabama, he unlawfully misused state property, misappropriated state resources, and consistently acted in violation of law to promote his own personal agenda.
New committee to investigate allegations against Robert Bentley
The Alabama House of Representatives is expected to vote next week to establish a 15-person investigatory committee to probe the possible impeachment of Gov. Robert Bentley. Rep. Ed Henry, R-Hartselle, said Wednesday he will propose a new rule to create the committee, which would have subpoena power and could meet after the Legislature adjourns. He added the House could vote on it by next Wednesday or Thursday. Henry would like to impose a six-month deadline on any committee investigation. Bentley last month acknowledged making sexually charged remarks to a female aide, who has since resigned. The admission came after former Alabama Law Enforcement Secretary Spencer Collier, a day after being fired by Bentley, accused the governor of having an affair and of interfering with law enforcement investigations. Bentley denies allegations of a physical affair and misuse of his office. Bentley said Tuesday there is “no basis” for impeachment. Henry had initially filed articles of impeachment accusing Bentley of “willful neglect of duty, incompetence, corruption and moral turpitude,” but said Wednesday the legislature quickly realized it had no framework to conduct an impeachment process. “”We never left square one,” Henry said. “What became crystal clear was that we do not have a mechanism to deal with this. We’ve been sitting on square one for the last eight days … and now we can move to step two.” House Speaker Mike Hubbard said Wednesday that he and the “vast majority of the House” think impeachment is “premature” at this juncture. “We have to be careful about these things,” Hubbard said. “We don’t know of any wrongdoing, we don’t know any of the facts yet.” Hubbard is currently facing 23 felony ethics charges of using his political offices to benefit his businesses. Bentley is expected to be a witness at his trial next month. Henry is confident he has the votes to establish the investigatory committee, and said the public’s appetite to pursue impeachment is only growing. He said a committee would be an “information gathering” body and have no power itself to move impeachment forward. Legislators can call an impeachment session at any time outside of the regular session and likely will if the committee finds probable cause, Henry said. Henry said the legislature believes it “inherently” has subpoena power but acknowledges that will likely be challenged. A bill currently in the Senate would allow committees to enforce subpoenas through the circuit courts. Alabama voters in November, as part of a piece-by-piece rewrite to the Alabama Constitution, will vote on changes to the part of the Alabama Constitution that deals with impeachment. The proposed change clarifies that it requires a two-thirds vote in the Alabama Senate to remove someone from office. Republished with permission of the Associated Press.
Comprehensive list of who has asked Robert Bentley to step down
Calls for Alabama Governor Robert Bentley to resign have grown during the past week, as more recordings allegedly between the governor and his former senior adviser Rebekah Caldwell Mason were released. Here is a comprehensive list of the elected officials, state leaders, and groups who have called for the governor’s resignation. Elected officials Rep. Ed Henry, Republican of Hartselle* Rep. Will Ainsworth, Republican of Guntersville** Minority Leader Craig Ford, Democrat of Gadsden Rep. David Standridge, Republican of Hayden Rep. Johnny Mack Morrow, Democrat of Red Bay Sen. Bill Holtzclaw, Republican of Madison Sen. Shay Shelnut, Republican of Trussville Rep. Danny Garrett, Republican of Trussville Groups College Republican Federation of Alabama Montgomery County Republican Party Alabama Republican Assembly Other Prominent Individuals Terry Dunn, former Public Service Commissioner and member of ALGOP Executive Committee Who Has Stayed Silent Alabama Attorney General Luther Strange‘s office released a statement saying they would investigate any wrongdoing, but cited a “longstanding policy regarding pending criminal investigations,” announcing no further information or comment would be released. Republican legislative leadership, including House Speaker Mike Hubbard and Senate President Pro Tem Del Marsh have each been silent on their thoughts about the matter. Likewise, members of the federal delegation have chosen to stay above the fray. Bentley, himself, says he’ll stay in office, calling the scandal “old issues.” “Obviously, there are concerns across the state,” said Bentley. “I’ve got to give the explanation I can give and let them know what we’re going to do and basically tell them how sorry I am. Have I made mistakes? Yes, I have. And I admit those. We’ve addressed those and we properly addressed those several months ago. “These are old issues. It’s just now that people have heard about them. But we’re going to address those and we’re going to move on.” Other Perspectives While reactions to the allegations themselves have been growing, statements made in the aftermath have added another level of commentary to the discussion. Alabama Policy Institute Vice President Katherine Robertson took issue with Mason’s characterization of heightened scrutiny of her relationship with the governor as “gender bias.” “Is there gender bias in Montgomery?” Robertson wrote. “In some cases, but Mrs. Mason cannot claim it. Where true bias exists, people are treated in a certain way (usually negative) due to some preconceived notion about them, whether based on their age, appearance, or ethnicity – not based in reason. “Knowing the evidence that was now available to the public, Mrs. Mason did not deny anything, but in a desperate diversion, tried to claim that her gender was to blame for her present predicament.” Minority Leader Craig Ford added another perspective to the mix in an op-ed for Alabama Political Reporter Thursday, saying the scandal may impact the state’s ability to recruit companies. “His actions are costing Alabama jobs,” Ford said. “There are business owners and leaders of industry who don’t want to sit down with this governor because of the image of corruption that has engulfed the state. We have lost so much opportunity because of this mess. How in the world can we bring anyone else in? What CEO or other corporate group would want to come down here right now? “We are competing against Florida, Georgia, Tennessee and other states that are going to use all of this against us. The governor has provided our competitors with an unfair advantage, and it is absolutely costing us economically.” The timing of the allegations have added another twist to any forced resignation or impeachment attempts. With the legislature on spring break until Tuesday, April 5th, lawmakers have had ample time to whip potential votes on each side of a potential impeachment. Likewise, Speaker Hubbard’s impending trial could throw a wrench into attempts to remove the governor. AL.com writer Kyle Whitmire speculated the Speaker’s legal troubles and the governor’s relationship with Mason are more closely intertwined than it appears on the surface. “The governor, with Mason whispering in his ear and a lawyer with assorted loyalties at his side, took an active and disruptive role in a criminal prosecution of Mike Hubbard,” wrote Whitmire. “That’s the story, not the sex. And no matter the myriad open questions that might take months or years to answer, if ever, one question has a clear answer. Cui bono? Who benefits. Bentley might have blown himself up trying to throw a bomb under Matt Hart‘s chair, but either way, it works for Mike Hubbard.” *Rep. Henry announced Wednesday he will bring forth articles of impeachment when the state legislature returns from spring break. ** Rep. Ainsworth has said he is researching, and will introduce, recall legislation, giving the people of Alabama recourse against elected officials during their terms. ALToday will update the list as more information becomes available.
Jim Zeigler files report on Robert Bentley with state Ethics Commission
Alabama State Auditor Jim Zeigler has submitted an official report with the Alabama Ethics Commission, requesting the body investigate allegations Gov. Robert Bentley participated in an affair with senior advisor Rebekah Caldwell Mason, a former staffer who is no longer a state employee. Former Alabama Law Enforcement Agency director Spencer Collier disclosed knowledge Wednesday of a recording of the governor making comments of an intimate nature to who was presumed to be Mason, as well as an incident of viewing an explicit text message. The governor has denied a “sexual” affair occurred. Zeigler said he submitted the report as a request for the commission to investigate whether any state resources were unlawfully used in the alleged relationship. “The governor continues to disgrace the state of Alabama, and in my official capacity as state auditor, I am required to report these suspected violations,” said Zeigler said in a prepared statement released Friday afternoon. “It is clear that he is misleading the people of the state about the nature of his relationship, but it is also clear that Ms. Mason is required to either be classified as a public official, or file as a lobbyist, in her capacity as an advisor who is paid by an outside source.” Zeigler told Alabama Today the report stemmed from his discovering a seldom-used provision in the law, 36-25-17, requiring any agency head, which includes the auditor, who receives information of a violation of the ethics law shall report it to the Ethics Commission. “I am expecting next week, to get honest state employees, which is the majority, come into my office or call in with more information,” Zeigler said. “The information I get about any issue or problem is not self-generated, it comes from citizens or state employees contacting me with information.” Zeigler identified Collier as one of the sources for his information, but noted there were other sources. The auditor also said he expects to file two or three supplemental reports within the next month. Though Bentley’s former chief of staff, Seth Hammett also worked for the governor’s office while being paid by an outside group, the governor received permission from the Ethics Commission. No such permission was sought in the case of Mason’s arrangement with 501(c)4 group Alabama Council for Excellent Government (ACEGOV), whose website states the group “supports Governor Bentley’s bold vision to lead Alabama with greater economic opportunities and by tackling our state’s challenges with real solutions.” Zeigler has been a frequent critic of the governor’s since his own election in 2014, but in recent months he and Bentley have sparred over the very nature of the State Auditor’s office. A bill sponsored by Rep. Paul Beckman, would make the offices of State Auditor and Agriculture Commissioner appointed, rather than elected, positions. Zeigler said the move would be like “the fox guarding the hen house.” Stopping short of asking the governor to step down himself, Zeigler said he believes the only way Bentley will leave his office is if the Alabama Legislature removes him, or he’s convicted of ethics violations.
Audit calls into question Robert Bentley’s stated reason for firing head ALEA officer
An audit by the Alabama Examiners of Public Accounts released last month, which found no “significant instances of noncompliance with applicable laws and regulations” within the Alabama Law Enforcement Agency (ALEA), calls into question Gov. Robert Bentley‘s stated reason for firing the agency’s former director Spencer Collier. The audit, first reported by WBRC, covered six years from Oct. 1, 2009 to Sept. 30, 2015, which includes all but four months of Collier’s leadership of the agency. The audit is a notable discrepancy to the governor’s stated reason for booting Collier earlier this week. “(Collier’s replacement, Stan Stabler) identified several areas of concern in the operations, policies and procedures at ALEA,” Bentley said in a news release Tuesday announcing Collier’s dismissal. “After an internal review, the ALEA Integrity Unit found a number of issues, including possible misuse of state funds. I am disappointed to learn these facts, and today, I relieved Spencer Collier of his duties as ALEA Secretary.” Collier, during his news conference Wednesday, which set off the firestorm of allegations about the governor’s personal life, claims he only learned about his dismissal and the governor’s stated reason through social media. Stabler has acted in the capacity of ALEA director since Collier was placed on medical leave in February. In addition to having made the claims about misuse of money in the agency under Collier’s watch, Stabler also maintains he was not a witness to any evidence of the governor’s alleged affair, as was stated by Collier. “The allegation and implication from Mr. Collier is completely false and without merit,” Stabler wrote in a statement. Attempts to contact a spokesman from the Examiners of Public Accounts’ office to ascertain whether the department has plans to conduct more audits of ALEA were unsuccessful. Another audit could determine whether there was any misuse of funds between the end of the agency’s scheduled audit on Sept. 30, 2015, and Collier being placed on medical leave in February. Attorney General Luther Strange said Thursday afternoon his office “takes very seriously any allegations involving potential criminal misconduct,” and, “has a strong record of probing illegal activity in this state and we will continue to do our job,” but his office will not release any further information about “pending criminal investigations.”
