Steve Flowers: Alabama has a host of outstanding political leaders under 45
It may appear to you and most casual observers of Alabama politics that our Alabama elected officials are old. That observation is accurate when you observe our current leaders in the highest offices. The governor’s office has been held by mature folks in recent years. Our current Governor, Kay Ivey, is 78 and has been the object of national media humor for appearing to be a pistol-toting great-grandmother. Dr. Robert Bentley, her predecessor, was in his 70’s, but he may have been sprier than he appeared. Bob Riley was no spring chicken while governor at age 65, although he looked younger. Our iconic senator, Richard Shelby, retired in January at 88 after a record-breaking 36 years in the U.S. Senate. Our new Senior Senator, Tommy Tuberville, is 68. This was not always the case in the Heart of Dixie. In the period from 1930 through 1970, we elected the youngest political leaders in the nation, beginning with our legendary tandem of United States Senators Lister Hill and John Sparkman, who served together close to 30 years. Lister Hill was elected to Congress from Montgomery in 1923 at age 29 and was elected to the U.S. Senate at age 44. John Sparkman was elected to the U.S. Senate in 1946 at 46 after serving as the Congressman for the Tennessee Valley. If you think Hill and Sparkman were young when they went to Washington, you have not seen anything like the governors we elected from 1946 -1966. James E. “Big Jim” Folsom was 38 when he was elected in 1946. John Patterson was 37 when he was elected in 1958. Patterson was referred to as the “Boy Governor.” When George Wallace was elected to his first term in 1962, he was only 43. When his wife Lurleen Wallace was elected in 1966, she was 40. She died in office of cancer less than two years later at 41. Lurleen Wallace was succeeded by Lt. Governor Albert Brewer, who had been Speaker of the Alabama House at 34, Lt. Governor at 38, and was 39 when he became governor. Bill Baxley was the youngest Attorney General in America when he was elected Attorney General of Alabama at 29 years old in 1970. He had been a 25-year-old District Attorney in Houston and Henry Counties. Baxley still practices law in Birmingham at 81. Well, folks, a cursory look at our current top elected officials may appear old. However, we have a generation of young political leaders arriving on the scene in Alabama. We already have superstars on the horizon and already on the scene who are under 45. Our new United States Senator, Katie Britt, is only 40 years old. She has the ability and youthfulness to be one of Alabama’s greatest senators. She has gotten to the Senate at a younger age than Hill, Sparkman, or Shelby. Marshall County has become the hotbed and breeding ground for the next generations of Alabama political leaders. This beautiful pristine lake area of North Alabama lays claim to Lt. Governor Will Ainsworth, age 41, State Senate Majority leader Clay Scofield, age 42, and State Representative Wes Kitchens, who is 35 and is Vice Chairman of the House Republican Caucus. Andrew Sorrell, the newly elected State Auditor, is only 37. He has a bright future. The brightest star in the Democratic ranks is Huntsville State Representative Anthony Daniels. At age 40, Daniels is a superstar. He is in his third term in the House from Huntsville. He is the Minority Leader in the House. This gentleman is also a successful high-tech businessman in Rocket City. There are several other stars under 45 in the Alabama House of Representatives besides Daniels and Kitchens, including Kyle South of Fayette, Matt Simpson of Daphne, Joe Lovvorn of Auburn, Ben Robbins of Sylacauga, Scott Stadthagen of Madison, Corey Harbison of Cullman, and very young newcomers James Lomax of Huntsville and Brock Colvin of Albertville. Joining the affable and accomplished 42-year-old Senate Majority Leader, Clay Scofield in the powerful State Senate in the under 45 superstar group are Senator Chris Elliott, 42, of Baldwin, Senator Andrew Jones, 38, of Cherokee, and newly elected Senator Josh Carnley from Coffee County who is 44. Alabama has a host of under 45 political leaders. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column is seen in over 60 Alabama newspapers. Steve served 16 years in the legislature. He may be reached at: www.steveflowers.us.
Alabama Supreme Court denies new trial for death row inmate Toforest Johnson
The Alabama Supreme Court on Friday denied a new trial for a death row inmate in a case that has seen the district attorney, former state attorney general, and a former chief justice join calls to reexamine his conviction. Justices rejected Toforest Johnson’s appeal of a lower court decision denying him a new trial. The request was one part of an ongoing effort to overturn the conviction. Johnson was convicted and sentenced to death for the 1995 killing of Jefferson County Deputy Sheriff William Hardy while Hardy was working off-duty security at a hotel. Johnson’s lawyers had argued he was due a new trial because the state failed to disclose a key prosecution witness was paid a reward several years after testifying. The Court of Criminal Appeals in May ruled that Johnson’s attorneys had not established that the witness knew about the reward or was motivated by it. Johnson’s lawyers will appeal the decision to the U.S. Supreme Court. They also have a separate new trial petition before a Jefferson County judge based on the district attorney’s concerns about the conviction. Danny Carr, the current district attorney in the county where Johnson was convicted, filed a brief in 2020 with the court saying Johnson should get a new trial “in the interest of justice.” Carr wrote that he took no position on Johnson’s innocence or guilt but said he had multiple concerns about the case. He wrote that his concerns about the conviction include the reward issue and that alibi witnesses place Johnson in another part of town at the time of the shooting. Carr said the original lead prosecutor had also expressed concerns about the case. The key prosecution witness at the 1998 trial testified that, while eavesdropping on a phone call, she heard a man she believed was Johnson admitting to the crime. She was paid a $5,000 reward in 2001. Former Alabama Attorney General Bill Baxley, former Chief Justice Drayton Nabers, and several former judges and prosecutors submitted briefs to the circuit court or wrote editorials supporting a new trial for Johnson. Republished with the permission of The Associated Press.
John Wahl says ALGOP won’t be sitting on the sideline taking supermajority for granted
Alabama Republican Party Chairman John Wahl spent the weekend in Washington D.C. planning and strategy sessions for the upcoming midterm elections on November 8. The trip was part of finalizing the Republican Party’s 2022 election priorities. During the four-day trip, he attended multiple high-level meetings with different political organizations. “The Alabama Republican Party is ready to help our candidates at home, as well as around the country,” Wahl said in a statement. “We won’t be sitting on the sidelines taking our state’s supermajority for granted. We’ve been working hard for the people of Alabama and doing our part to help partners in other states so we can take back the U.S. House and Senate. Too much is at stake, and we must do all we can to restore America and reign in the out-of-control liberal policies of the Biden Administration.” Chairman Wahl said he has finalized plans with the National Republican Senatorial Committee (NRSC). The Alabama Republican Party has been involved in a joint fundraising committee with the NRSC geared at helping U.S. Senate nominees from around the country. The Senate is currently divided 50:50, and Republicans are hoping that they can pick up seats and regain control of the U.S. Senate, which the party lost in 2020. “The ALGOP has been working hard to make sure our candidates have the resources they need. Republicans have the opportunity to flip several seats this year, and I hope our joint fundraising committee will play an important role in gaining a majority in the U.S. Senate,” Wahl stated. The Chairman also spent time with the Republican National Committee (RNC). Wahl said that the RNC’s involvement is crucial in the ALGOP’s Restore America campaigns in Georgia and other states, helping Republican efforts stay on the same page. There could be as many as 100 volunteers from the Mighty Alabama Strike Force traveling to Georgia to help Herschel Walker’s campaign for U.S. Senate. The first round of volunteers will leave Alabama for Georgia on Sunday. “It’s exciting to have so many volunteers from across the state of Alabama joining in the fight to take back the Senate in 2022,” Wahl commented. “This election cycle is going to be critical if we have any chance to save our economy and restore the America we know and love. Herschel Walker is a special candidate who understands the American dream and the struggles facing the middle class because of bad government decisions. He has energized people across the country with his common sense conservative message, and we look forward to helping him win this November.” Wahl said that this trip finalized much of the work started at the RNC Winter and Summer Meetings in Salt Lake City and Chicago. “We had the opportunity to review election forecast data and really look at how we can best help our candidates,” Wahl said. “It’s so important that we know where to best spend our resources – both financial and boots on the ground.” The Alabama Republican Party cited several preparations that they have made for the midterm election and are in the middle of implementing in an attempt to make 2022 one of the Party’s strongest general election campaigns ever. • Set a one-day political fundraiser record of $1.1 million at the Party’s Cullman Trump Rally. • Elected the State’s first African-American Republican, Kenneth Paschal, to the State House • Launched an Outreach Coalition to minority voters • Started the Restore America campaign to help Republican candidates win across the country • Target over 40 candidates across the state of Alabama in one of the largest financial commitments in the history of the ALGOP. The Alabama Republican Party won the governorship for the first time since the 1870s in 1986 when probate Judge Guy Hunt defeated Lt. Gov. Bill Baxley. Since then, the ALGOP has been gaining strength and momentum. In the Red wave 2010 election, the ALGOP won supermajorities in both Houses of the Alabama Legislature as well as every statewide elected office on the ballot. The elections that have followed have only increased the GOP’s status as the dominant political party in Alabama. The general election will be on November 8. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Claiming innocence, Alabama death row inmate Toforest Johnson seeks new trial
Toforest Johnson, 49, has spent half his life on Alabama’s death row for the murder of a sheriff’s deputy, a killing he says he did not commit. Johnson’s attorneys asked the Alabama Supreme Court on Friday to “right a grievous wrong” and grant him a new trial. The filing is the latest effort in a case that has seen former judges, prosecutors, and the local district attorney join in calls to reexamine the 1998 conviction and death sentence. Johnson’s attorneys are asking the justices to review a lower court decision denying the new trial request. They argued that the conviction rested on the testimony of a single witness who was paid a reward and that her testimony “was at odds with the physical evidence and directly contradicted by the state’s theory of the case in other proceedings.” “The first thing to know is that he is innocent … Former prosecutors have said it themselves, that there needs to be more eyes on this case, and he deserves a new trial,” Johnson’s daughter, Shanaye Poole, said in a telephone interview. Johnson was convicted and sentenced to death for the killing of Jefferson County Deputy Sheriff William Hardy. Hardy was shot twice in the head while working off-duty security at a hotel in 1995. The conviction came after Johnson’s first trial ended with a hung jury. A co-defendant in the case was acquitted. Poole was just 5 when her father was sentenced to death. She sat on someone’s shoulders to peer through the window on the courtroom door to see her father. “That was the last time I saw my Dad in person before his freedom was taken from him,” she said. Former Alabama Attorney General Bill Baxley, former Chief Justice Drayton Nabers, and several former judges and prosecutors submitted briefs to the circuit court or wrote editorials supporting a new trial for Johnson. Danny Carr, the district attorney in the county where Johnson was convicted, also called for a new trial. Baxley, who worked decades ago to have the death penalty reinstated in Alabama, said he is usually skeptical of such innocence claims filed by what he called “do-gooder” lawyers. But he said he was astonished at the case. “I couldn’t believe what I was reading. I was just dumbfounded that, in Alabama, a case as weak as that would have gotten to the jury, much less a death sentence,” Baxley said in a telephone interview with The Associated Press. The U.S. Supreme Court in 2017 ordered a new hearing to take place on Johnson’s claim of suppressed evidence. The key prosecution witness at the 1998 trial testified that, while eavesdropping on a phone call, she heard a man she believed was Johnson admitting to the crime. She was paid $5,000 in 2001 for her testimony, and Johnson’s lawyers argue that the state withheld evidence of monetary motivation for the testimony. A judge denied the new trial request in 2020, and the Alabama Court of Criminal Appeals upheld that decision in May, ruling that Johnson’s attorneys had not established that the witness “came forward with information in hope of the reward or that the state ever knew of such a hope before Johnson’s trial.” The Alabama attorney general’s office has opposed the request for a new trial. Attorneys for the state argued that the witness testified that she was unaware that a reward had been offered when she contacted law enforcement. The recent court proceedings have been narrowly focused on the issue of the reward, but Baxley said the case merits a fuller look. “Every breath this guy draws on death row is an indictment to the people of Alabama that I love so much,” Baxley said. “If some proper court will look at it, they are going to come to the same conclusion.” From Alabama Chief Justice Drayton Nabers Jr., wrote in an opinion piece this spring that, “there’s now substantial evidence that Mr. Johnson is innocent.” Carr wrote in 2020 that he took no position on Johnson’s innocence or guilt but said there are concerns about his trial. He wrote that those include a key witness being paid a reward, a fact not mentioned at trial, as well as alibi witnesses who placed Johnson in another part of town at the time of the shooting. “A prosecutor’s duty is not merely to secure convictions, but to seek justice,” the brief stated. “It is the district attorney’s position that in the interest of justice, Mr. Johnson, who has spent more than two decades on death row, be granted a new trial.” Republished with the permission of The Associated Press.
Steve Flowers: Bill Baxley
The 1970 Governor’s Race between George Wallace and Albert Brewer overshadowed every other political race in the state that year. However, one of Alabama’s legendary political figures burst on the scene in 1970, when Bill Baxley was elected Attorney General of Alabama. The Attorney General’s race was below the radar screen of the titanic war waged by Brewer and Wallace. Bill Baxley’s victory was a major upset. Baxley was a 28-year-old district attorney from the Wiregrass. He beat a veteran Attorney General MacDonald Gallion in a close race. Baxley became the youngest Attorney General in the nation when he was sworn in at the January Inauguration. He had just turned 29. His historic rise at such a young age made him fodder for national publications like Time Magazine, who featured him as one of the brightest rising stars in the nation. His brilliance gave new meaning to the word prodigy. It was not immediately apparent to the voters of Alabama that they had elected a true progressive liberal as their Attorney General. They soon did when Baxley began aggressively attacking the Big Mules in Birmingham and throughout the state and consistently fought for the downtrodden in the state. He sued every Big Mule in sight, including U.S. Steel, for pollution and other environmental concerns during his 20-year career in state politics. Baxley never deviated or backed down from his progressive Democratic ideology, even when it might have been politically expedient to do so. He could not be bought. He was his own man and a true Alabama political statesman. When Baxley won the 1970 Attorney General’s race over MacDonald Gallion, he openly and unashamedly courted liberals, labor, and blacks to win the race. He did not do it for expediency, but because his heart was in it. Baxley was a true progressive Southern Democrat. He openly courted, embraced, and built an overt friendship with labor leaders and black leaders such as Joe Reed. Baxley was certainly a contrast to our race-baiting Governor George Wallace. Ironically, Wallace loved Baxley. Deep down, Wallace was a hardcore progressive who had lived through the Depression. He cut his teeth as a New Deal Democrat. Baxley forged a political career with epic historical milestones in Alabama politics. He was elected Attorney General in 1970 and again in 1974. He ran second for Governor in 1978 when Fob James came out of the blue to upset the “Three B’s” – Bill Baxley, Albert Brewer, and Jere Beasley in the governor’s race. Bill Baxley came back in 1982 and was elected Lt. Governor. He served closely with George Wallace, who was serving his fourth and final term as Governor. They had a special friendship and spoke on the phone constantly. I think Wallace admired Baxley for being true to his principles. He also respected Baxley’s understanding of some of the golden rules of politics, and that is “your word is your bond” and also “you dance with the ones who brung you.” Bill Baxley was the Democratic nominee for governor in 1986. He was upset by Guy Hunt, who became the first Republican governor since Reconstruction that year. Bill Baxley left politics after that race and did what he really loved. He became one of the most prominent trial lawyers in Alabama. He loves the practice of law. He was born for it. For the last 36 years, he has been one of Alabama’s top lawyers and probably one of the most expensive. Baxley now resides in Birmingham and takes prominent cases all over the state. Baxley was born and raised in Dothan. His daddy, Keener Baxley, was a well-respected Circuit Judge in Dothan. The Baxley’s were a prominent family and among the earliest settlers of Houston County. Young Bill Baxley grew up loving the law, politics, and baseball. He grew up in his Daddy’s courtroom in Dothan and learned to love the law. There was never any doubt in his mind that he would be a lawyer by profession because he probably was not going to be a major league baseball player, which was every young boy’s dream at that time. He was always brilliant academically and was gifted with a photographic memory. He skipped a grade in school and finished high school at age 15. He entered the University of Alabama at age 16. He graduated from college at age 19 and the University of Alabama Law School at age 22. After law school, he returned to Dothan to practice law. He was elected District Attorney for Houston and Henry Counties at the ripe old age of 25. Three years later, he was elected Attorney General of Alabama. The rest is history. Bill Baxley has a place in Alabama history. It is hard to believe that young Bill Baxley turns 81 this month. 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.
Steve Flowers: Fob James story, 1978 governor’s race
The crowded field for governor striving to oust incumbent Governor Kay Ivey includes Tim James. He has run before. In fact, this is his third try for the brass ring. His last race was in 2010, when he barely missed the runoff by a few votes. He was edged out by Robert Bentley, who went on to win. Tim James’ primary calling card has always been that he is the son of former Governor Fob James. The elder James was an ultra-successful businessman who was first elected governor in 1978 as a Democrat and then elected to a second term as governor as a Republican in 1994. Governor Fob James’s first election as Governor in 1978 is one for the record books. The 1978 Governor’s Race is one of the classics in Alabama political lore. That governor’s race, which began with three heavyweights – former Governor Albert Brewer, Attorney General Bill Baxley, and Lt. Governor Jere Beasley – was expected to be titanic. The Republicans were relegated to insignificance on the gubernatorial stage. Therefore, the winner of the Democratic Primary would be governor. Meanwhile, over in east Alabama, a little-known former Auburn halfback named Fob James strolled into the governor’s race. Fob’s entry evoked very little interest, only curiosity as to why he would want to enter the fray against three well-known major players. Fob was exposed as a card-carrying Republican, but even a political novice like Fob knew he could not win as a Republican, so he qualified to run as a Democrat along with the three B’s. Fob had become very wealthy by starting a successful manufacturing company in Opelika. When he signed up to run for governor, the press wrote him off as a rich gadfly who simply chose politics rather than golf as his pastime. Little did they know that the fact he was rich and had a lot of time on his hands could spell trouble for the average political opponent, who had to worry about fundraising and feeding their family while running a full-time campaign. Fob realized he was no political professional like the three B’s who had spent their entire political adulthood in public office, so Fob sought out professional advice. He had the money to think big and wanted to know who the best political consultant in the South was. It was an easy answer: Deloss Walker was a political public relations genius who lived in Memphis. His track record for electing governors of southern states was 5-0. Walker was the most renowned and expensive political guru in the country in 1977. Fob quietly sought out Walker, who at first refused to take Fob’s race. Walker’s first impression was that even he could not mold Fob into a winner against three well-financed, experienced thoroughbreds. Nobody was aware Fob had garnered the genius Walker and had already been to political school when he signed up to run for governor in the spring of 1978. Brewer, Baxley, and Beasley ignored Fob. Baxley even praised him, saying, “Fob would be a good governor. Too bad he’s not a serious candidate.” Those words would come back to haunt Baxley. Fob traveled the state in a yellow school bus and let the three B’s tear each other up. Baxley, Beasley, and Brewer spent all their time and money attacking each other with negative ads, all the while Fob ran positive ads. Folks were of the opinion that the three B’s had all probably shot their mothers in a bar fight, but they liked old Fob James, even if they thought his name was “Bob” James. It was too late for the three B’s when they saw a poll about a week before the election showing Fob ahead of all three of them. Baxley refused to believe it and kept hammering at Beasley and Brewer, ignoring Fob. When the votes were counted, Fob was in first place, Baxley second, Brewer was third, and Beasley finished fifth behind State Senator Sid McDonald. Fob easily beat Baxley in the runoff. After all, what could Baxley say? He had run all over the state for three months saying Fob would make a good governor. Fob James had pulled off one of the most amazing upset victories in the history of Alabama politics. The Fob James story of the 1978 Governor’s Race is truly one for the record books. 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.
32 Powerful and Influential Alabamians to know
It’s true, the words “powerful and influential” can be vague and subjective. However, it’s fair to say among the universally accepted definitions within politics and policy is an individual’s ability to create change, start a conversation, influence the public or public officials, move an agenda forward or stop one in its tracks. There’s no doubt that a good number of people are moving Alabama forward in politics and business. Recently, Yellowhammer published its 2021 annual list of who they consider the most influential and powerful. They noted it was a “Peek behind the curtain.” That it always is – a peek into the mind of the editorial team, writers, and friends of the site. With the same people on it year after year, often in the same companies and offices and the standard members of the legislature and statewide offices. Dozens of whom certainly would belong on any list of power or influence: Jo Bonner, Katie Britt, Bob Geddie, Dax Swatek. No one can deny the influence any of them have. Others on the list begged the question “Why?” while others were glaringly missing. This list purposely does not duplicate any name already appearing on that list. Not all influencers within the public arena are lobbyists or lawmakers. Some within the media or in advocacy organizations can shape or change public opinion. In addition, some influencers have the ability to position themselves, loved ones, or friends to the front of the line for coveted appointments or jobs. There’s so much to power and influence; while it may hard to describe, you know when you see it, and you know who lacks it. It could be argued that 1-5 are no brainers and would be list repeats, but heck, I say repeat them until it changes. So with that, let Alabama Today offer 32 additional notable people who were nominated by a ragtag group of incredibly biased judges. Did I mention how incredibly biased we are? This, combined with the YH list, might give one a better view of the movers and shakers with power and influence in the state’s political world. Worth noting, some of them are the bosses, mentors, elders statesman, and wise counsel of many on the YH list, while a couple of others are up and comers. Jimmy “Yellow Fella” Rane, President/CEO at Great Southern Wood Preserving Not only is the Yellow Fella the wealthiest man in Alabama and Board of Trustee at Auburn, but there’s also no doubt he’s used his financial success to the betterment of the state, giving him great power and influence. His contributions are well documented, politically, economically, and through philanthropy. From 2013 to May 2021, his company has given 178 contributions totaling $2,079,316.40. He also has the Jimmy Rane Foundation, which has more than doubled his political donations with $4.7 million in scholarships. His influence is undeniable and unmatched, which is why he is number one on our list. Mark Crosswhite, CEO Alabama Power Crosswhite’s voice carries a lot of weight, so much so that multiple people on the YH list answer to him in one way or another. Which begs the question, how can anyone deny his place on any list of power and influence? He chaired the BCA board during a critical time when the organization’s future was in peril, saving a key organization critical to the state’s business development, growth and success, and ensuring a better economic future for the state. As the organization continues to grow and evolve, there’s no doubt he’s still helping steer the ship. 3. Fess St. John IV, Chancellor of The University of Alabama System Finis “Fess” St. John IV comes from a storied line of Alabama influencers, including his father and grandfather. He’s currently the Chancellor of The University of Alabama (UA) System. Which makes him the chief executive officer of Alabama’s largest employer with multiple school campuses and a massive healthcare system. According to the school’s website, “Total enrollment in the UA System achieved a new record this fall, with more than 70,400 students enrolled at UA, UAB, and UAH. The System’s annual economic impact surpasses $10 billion annually, and upwards of 1.7 million patients are served every year in the System’s hospitals and clinics.” 4. Chris England, House of Representatives, District 70 While many have tried over the last couple of decades, England was able to stop the further deterioration of the Democrat party (with a reputation that was nationally marred by chaos, a lack of structure, oh, and that one toilet story) and begin its rebuilding. One long-time democrat described the infrastructure as stronger now than it has been since the days of Bill Baxley. England is a graduate of Howard University and the University of Alabama School of Law. His father grew up in Circuit Court Judge John H. England Jr., who served as a justice on the Alabama Supreme Court in 1999-2000. To leave him off the Top 5 of any influential list is to deny reality. 5. Stephanie Bryan, Tribal Chair and CEO for the Poarch Creek Indians No one should question the top female on this list. It’s no coincidence that she heads one of the biggest political powerhouses in the state of Alabama. PCI has capitalized on the shift in public attitudes towards a more tolerant attitude towards gaming and lottery to push for changes in the law that would allow their tribe’s operations to grow. This session’s gaming proposal wasn’t successful, but it got further than expected and may come up again in a special session. She is a political player that many say could be the most powerful over the next couple of campaign cycles. 6. Tom Coker, The Southern Group Rare can someone survive with the longevity and respectability of Tom Coker. His strength is the state senate, but he can get things done. His firm’s website names him as President of Tom Coker & Associates since 1982. Tom Coker offers a full range of governmental
Inside the Statehouse: Labor Day
“The most legendary political Labor Day Barbeques have been held in the Northwest corner of the state.”
Inside the Statehouse: Methodists have Dominated High Offices in Alabama History
Alabama’s leading columnists discusses the respective faiths of our state’s leaders.
Steve Flowers: Looking back at epic 1986 governor’s race
Since this is a gubernatorial election year, allow me to share an epic Governor’s Race with you. The 1986 Governor’s race will be remembered as one of Alabama’s most amazing political stories. In 1978 Fob James sent the Three B’s, Brewer, Beasley and Baxley packing. Brewer and Beasley had been permanently exiled to Buck’s Pocket, the mythical destination for defeated Alabama gubernatorial candidates. However, Bill Baxley resurrected his political career by bouncing back to be elected lieutenant governor in 1982, while George Wallace was winning his fifth and final term as governor. Another player arrived on the state political scene. Charlie Graddick was elected as a fiery tough lock ‘em up and throw away the key attorney general. Graddick had previously been a tough prosecuting district attorney in Mobile. When Wallace bowed out from seeking reelection in 1986, it appeared the race was between Bill Baxley, the lieutenant governor, and Charlie Graddick, the attorney general. It also appeared there was a clear ideological divide. The moderates and liberals in Alabama were for Baxley and the archconservatives were for Graddick. Baxley had the solid support of black voters, labor, and progressives. Graddick had the hard-core conservatives, including most of the Republican voters in Alabama. The Republicans had gone to a primary by 1986 but very few Alabamians, even Republicans, participated. It was still assumed that the Democratic Primary was tantamount to election. The Democratic Primary would draw 800,000 Alabama voters while the GOP Primary might draw 40,000, so most Republican leaning voters felt that in order for their vote to count they had to vote in the Democratic Primary. Baxley and Graddick went after each other with a vengeance in the primary. The race was close. Graddick came out on top by an eyelash. He encouraged Republicans to come vote for him in the Democratic Primary. They did and that is why he won. This was not something that had not been happening for decades. Brewer would have never led Wallace in 1970 without Republicans. Fob would have never won the Democratic Primary and thus become governor in 1978 without Republican voters. Basically, Alabama had been a no party state. We still have no party registration law. So how do you police people weaving in and out of primaries without a mechanism in place for saying you are a Democrat, Republican, or Independent? After Graddick defeated Baxley by less than 25,000 votes in the runoff primary, the Democratic Party did the unthinkable. They convened the hierarchy of the party, who clearly favored Baxley, and declared Baxley the Democratic nominee because they guessed Graddick had won the primary with Republican crossover voters. They paraded experts in front of their committee to testify that Baxley should have won if just Democrats had voted. They boldly and brazenly chose Baxley as the nominee in spite of the fact that Graddick had clearly gotten the most votes. This move went against the grain of the vast majority of Alabama voters. They felt that Graddick, even if they had not voted for him, got the most votes and should be the nominee. The Democratic Party leadership sloughed it off. They assumed that the Democratic nominee would win regardless. After all, there had not been a Republican Governor of Alabama in 100 years. In addition, the Republicans had chosen an unknown former Cullman County Probate Judge named Guy Hunt. Hunt had no money and no name identification. The Democratic leaders guessed wrong. The backlash was enormous. The bold handpicking of a nominee who had not received the most votes was a wrong that needed to be righted. Baxley did not help his case any by ignoring Hunt and dismissing him as a simpleton. He mocked Hunt saying he was unqualified because he only had a high school education. Baxley, as politically astute as he was, should have realized that he was insulting the majority of Alabama voters who themselves only possessed high school educations. This created a backlash of its own. When the votes were counted in the November general election, Guy Hunt was elected Governor of Alabama. This 1986 result gave new meaning and proof to the old George Wallace theory that more Alabama voters vote against someone than for someone. Alabama had its first Republican governor in 100 years. The 1986 Governor’s race will go down in history as a red-letter year in Governor’s races. It was truly historic and memorable. 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.
Court upholds former Alabama House speaker Mike Hubbard’s ethics convictions
An appellate court on Monday upheld the ethics conviction of former Alabama House Speaker Mike Hubbard, whose rising political career came to a crashing halt in 2016 when he was found guilty of using his office to benefit his businesses. The Alabama Court of Criminal Appeals affirmed 11 of the 12 counts against Hubbard. In its 154-page decision, the court ruled there was sufficient evidence to convict Hubbard on those counts, including that he improperly asked lobbyists and company executives for both consulting work and investments in his debt-ridden printing business. The heavily anticipated decision was a blow for the Hubbard defense, which had argued that prosecutors acted improperly and stretched the intent of the state’s ethics statute, and a victory for state prosecutors who had argued Hubbard behaved corruptly. “I’m in shock,” Hubbard defense attorney Bill Baxley said Monday afternoon. Baxley said he was just beginning to review the decision, but would recommend that Hubbard appeal to the Alabama Supreme Court. Mike Lewis, a spokesman for Alabama Attorney General Steve Marshall, said the office was reviewing the decision and did not have an immediate comment. Hubbard, from Auburn, was for years one of the state’s most influential Republicans. He served as chairman of the Alabama Republican Party and was a key architect of the GOP strategy that led to Republicans in 2010 taking control of the Alabama Legislature for the first time in more than a century. He was indicted, and later convicted on ethics charges that he used the mantle of his office to help his businesses. He was automatically removed from office when he was convicted on the felony charges. Several of the counts against Hubbard accuse him of violating a ban on public officials soliciting things of “value” from company “principals.” A principal under state law is a person or business who employs a lobbyist to influence the Alabama Legislature. The court rejected Hubbard’s arguments that the transactions were aboveboard business dealings in which investors and companies that employed him were getting a getting a fair value for their money. “The language of the statute here is clear and unambiguous. Hubbard, as a public official, was prohibited from soliciting or receiving a thing of value from a principal,” the court wrote. The court also rejected arguments by the former speaker that the prosecution was tainted by prosecutorial and juror misconduct. While upholding 11 of the 12 counts against Hubbard, the court scolded legislators for what it described as ambiguities in the state ethics law. “We strongly encourage the legislature to consider amending the law to better circumscribe the class of persons defined as principals, and to more clearly explain several of the other 34 definitions embodied in (the ethics law). … The language of Alabama’s ethics law should be clear as to which persons, businesses, and acts fall within its reach,” judges wrote. The court reversed one count: that Hubbard should have known he had a conflict of interest when he voted on a budget bill containing language that could have possibly benefited one of his clients. A judge sentenced Hubbard to four years in prison, but he is free on bond as he appeals. Republished with the permission of the Associated Press.
Steve Flowers: The circus of open Alabama races in 2018
As I have suggested to you, we are looking at one momentous 2018 election year, and it has begun. Get this, folks, we have an open governor’s race. We have openings at Lieutenant Governor, Attorney General, State Treasurer, Agriculture Commissioner, three seats on the Supreme Court including the Chief Justice position, all 35 state Senate seats, all 105 House seats, one hotly contested congressional seat, as well as 67 sheriffs. Folks, that’s the most political marquee year in my long political life. If media outlets do not make money next year, they ain’t ever gonna make any money. As though the aforementioned cavalcade was not enough of a circus, we’ve got ourselves an open U.S. Senate seat. I believe that Ringling Brothers Circus closed in deference to us in the Heart of Dixie and our roadshow Vaudeville act called Alabama politics. Our good “ol’” Gov. Robert Bentley has been a great ringleader. He is quite a show. Poor ol’ Bentley has relegated himself to not only being irrelevant, but is considered a clown. I have been around the state on a speaking/book signing tour and everywhere I go they ask about “ol’” Bentley. I have to deflect the questions about his personal adviser following him to Washington or sitting in the gallery for his speech to the Legislature. In fact, I try to put some levity to the situation by telling folks, “Well, you know my observation of Alabama politics over the past 50 years is that we really haven’t got to have a governor.” Big Jim Folsom stayed drunk his whole second term, George Wallace was on pain pills his last term and did not know where he was, Fob James seemed disinterested and went duck hunting his second term, and they put poor ole Hunt and Siegelman in jail. At least Bentley shows up and does his duties to the best of his abilities. He just leans on one adviser, exclusively. They say she wrote his last State of the State speech. If she did, she ain’t much of a speechwriter. Well, ole Bentley got himself a U.S. Senate seat appointment to grant. He milked it for what it was worth. He ultimately used it as a get out of jail free card. Even if his appointment of Luther Strange looks like chicanery and collusion, it was a shrewd political move by Bentley. It keeps him and his adviser out of the pokey. The Luther Strange appointment looks brazen and audacious. The facts are clear, Strange as Attorney General of Alabama openly asked the House Judiciary Committee to cease their impeachment proceedings because he and his office were investigating the Governor and his adviser. Then, all of a sudden, the Governor appoints him to a coveted senate seat. If that does not look like collusion, I do not know what does. If given those facts the average fisherman in Mobile Bay would say that it looks fishy. A baker in Birmingham would conclude that it does not pass the smell test. As a political historian, I will have to record these very facts for posterity. Folks can draw their own conclusion. Luther Strange will probably go on to be a good U.S. Senator. He is imminently qualified for the role, and has planned meticulously for this seat for the last 20 years. However, the taint of Bentley will follow him to Washington and could come back to bite him in the June 2018 GOP primary, which is tantamount to election. Big Luther is betting that as the incumbent senator for the next 15 months, he will be able to raise so much Washington campaign cash that he will be unbeatable. That is probably a good bet. However, Alabamians may have a longer memory than he thinks. Just ask Bill Baxley how getting the governor’s nomination from the Democratic hierarchy when Charlie Graddick got the most votes in 1986 turned out. Folks in Alabama do not like appointments, especially one that comes with a cloud that appears to be collusion. We have a great 15 months of Alabama politics ahead of us, folks. 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.
