Jack Williams takes issue with ALGOP resolution rebuking Mike Hubbard
State Rep. Jack Williams is not happy with the Alabama GOP’s steering committee’s resolution calling for House Speaker Mike Hubbard to step down, saying his ethics case proceeded with “blatant disregard for the rule of law.” In a conversation with Alabama Today on Monday, Williams said the steering committee’s decision – based upon a vote taken on a conference call “in the middle of the night” – was driven by political opposition to Hubbard. “We have at least on member on the steering committee who doesn’t like the Speaker’s leadership, and they couldn’t win this battle in the caucus where the decision was made, so they took this battle to the steering committee, where they only had to convince 10 people,” Williams said, noting that fewer than the full 20 members of the body voted on the resolution. “This is an embarrassing way for Republican leadership to conduct business. “That’s unfortunate that this has happened because the steering committee has abandoned the principle of innocent until proven guilty.” Williams also criticized the committee for taken a one-sided approach to the problem, pointing to misdeeds by the Attorney General’s office reported in the media. “Right now we only have accusations against the Speaker,” Williams said. “The only violation of the law that we know definitively is we know the prosecutor … has illegally leaked secret grand jury testimony to the media. Maybe that might be where the steering committee should shine their little flashlights next. “The greatest threat to liberty in the state of Alabama is abandoning our bedrock principles of democracy like innocent until proven guilty, and having a lawless Attorney General’s office that operates without regard for the rule of law or the rules of the grand jury and the courts. The prosecutors should be about justice, not about eliminating potential political opponents or settling scores; it should be about justice.”
Alabama GOP calls for Speaker Mike Hubbard to suspend leadership position
Three weeks before the 2016 Legislative Session convenes, the Alabama Republican Party passed a resolution Sunday night calling for Alabama Speaker of the House Mike Hubbard to step down. The resolution, passed the Alabama Republican Party Steering Committee, asks Hubbard to “suspend his role as Speaker until his trial is complete, and the indictments against him are resolved.” In a statement, Alabama Republican Party Chairwoman Terry Lathan said the party “strongly believes the needs of the state must be the first priority of elected officials.” “The GOP-controlled legislature needs full time focused attention on the people’s business,” Lathan continued. “The distractions of Representative Hubbard’s legal situation will make it extremely difficult for him to meet the demands of his role as Alabama Speaker of the House of Representatives. Meanwhile, the party-passed resolution touches on a particularly sensitive subject during an election year — public perception. “The trial, itself, is likely to become a distraction from the regular business of the legislature and, later become a subject of public debate in the primary and general elections of 2016,” reads the resolution. Hubbard was indicted by a Lee County grand jury in October 2014 with 23 felony charges stemming from allegations he misused his power in the Legislature and the Alabama Republican Party to enrich himself and secure contracts for allies. Read the complete statement from Lathan below: The Alabama Republican Party strongly believes the needs of our state must be the first priority of our elected officials. The GOP controlled legislature needs full time focused attention on the people’s business. The distractions of Representative Hubbard’s legal situation will make it extremely difficult for him to meet the demands of his role as Alabama Speaker of the House of Representatives. At this time, we recognize that Representative Hubbard remains innocent on the charges brought against him. We wish only the best for him and his family. We reached out to Representative Hubbard numerous times to meet with a small group of GOP leaders to discuss our concerns, to no avail. As a servant of the people, we urge Representative Hubbard to put the larger interest of Alabama first. Read the complete resolution below: Resolution Passed by the Alabama Republican Party Executive Committee January 10, 2016 WHEREAS, Representative Mike Hubbard serves the State of Alabama as Speaker of the Alabama House of Representatives; and WHEREAS, since 2013, Speaker Hubbard has had to endure an investigation in regard to various allegations about his private financial affairs and his service as Speaker; and WHEREAS, in 2014 Speaker Hubbard was indicted for 23 felony counts and allegedly violating the Alabama Ethics Laws which regulates the performance of public officials, and the indictment includes allegations about his conduct before he was Speaker while he served as Chairman of the Alabama Republican Party from 2007 to 2011, and his trial is set for March of 2016; and, WHEREAS, there has been ongoing public discussion of the Hubbard indictment since it was issued, and the trial is currently scheduled to take place during the regular session of the Alabama Legislature in 2016; and, WHEREAS, the trial, itself, is likely to become a distraction from the regular business of the legislature and, later become a subject of public debate in the primary and general elections of 2016; and, WHEREAS, the Alabama Republican Party is an association of private citizens organized to elect candidates to public office in Alabama to advance the policies of securing a free citizenry and fiscal responsibility in accordance with law, including the U.S. Constitution and the State Constitution; and WHEREAS, the Alabama Republican Party seeks to protect its right to self-governance against over-reaching application of the Ethics Law, especially if meant to be applied to its private activities and its leadership, but will not evaluate the specifics of the charges against Hubbard; and WHEREAS, the Alabama Republican Party does not want the distractions of the Hubbard trial to take away from the regular business of the legislature or its ability to achieve the policy objectives of the Republican Party in the primary and general elections of 2016; BE IT THEREFORE RESOLVED that we, the members of the Alabama Republican Party Steering Committee, respectfully request Mike Hubbard to suspend his role as Speaker until his trial is complete, and the indictments against him are resolved.
Judge to hold hearing in Mike Hubbard ethics case
Lawyers in the ethics case against Alabama House Speaker Mike Hubbard are headed to court for the first time since Hubbard’s lead defense lawyer asked to withdraw from the case. Circuit Judge Jacob Walker indicated he plans to discuss any issues caused by the departure during a hearing Friday in Opelika. Those discussions could include if Hubbard’s March 28 trial should be postponed. Hubbard’s defense also wants to question lead prosecutor Matt Hart after Hart sent a copy of the withdrawal motion to a reporter while it was still under seal. The attorney general’s office says Hart didn’t realize the document was under seal and has since apologized. Hubbard is accused of using his office to benefit his clients and businesses. His defense argues the transactions were legal. Republished with permission of the Associated Press.
Counsel in Speaker Mike Hubbard’s ethics suit seeks to withdraw in surprise move
The lead defense attorney for state House Speaker Mike Hubbard in a protracted criminal suit alleging ethics violations, J. Mark White, filed a motion to withdraw from the case last week after representing the embattled House Speaker for the entire length of the proceedings. According to the Alabama Political Reporter, White is exiting the case after nearly two years amid speculation Hubbard has not been able to pay his firm’s legal fees, or perhaps White is seeking to avoid a high-profile loss on his record. White’s conduct during the case is widely considered to include stalling tactics in a case now running twice as long as many observers expected. Notably, White filed a motion to delay the beginning of Hubbard’s trial because the attorney has to accept an award, namely his election as Dean of the International Academy of Trial Lawyers. White is scheduled to give a talk to the group during its convention on April 2-5, just a week after the slated March 28 start to his client’s trial. Prosecutors objected to that move, which made White bristle. “Typically these get handled with professional courtesy, but the state elected otherwise,” White said. White’s move may cause further complications in a fraught case which has seen the emergence of bad blood between the defense and state, with White arguing prosecutorial indiscretion and selective enforcement of the law as part of a politically motivated witch hunt against his client. Trial Judge Jacob Walker III will take up the matter in a hearing scheduled at 1:30 p.m. Friday. Hubbard is charged with 23 felony charges stemming from allegations he misused his power in the Legislature and the Alabama Republican Party to enrich himself and secure contracts for allies.
State prosecutors gaining ground in Speaker Mike Hubbard’s ethics case
A judge presiding over the suit over alleged violations of state ethics laws by House Speaker Mike Hubbard shook things up with a pair of judicial orders on Wednesday. Lee County Circuit Court Judge Jacob A. Walker III ruled Wednesday that after nearly two years of delays pursued by Hubbard’s defense counsel, all briefs to be considered in the case must be submitted by Jan. 12. The move shortens the timeline for Hubbard, whose trial is set to start in March, to maneuver to bolster his defense. The judge also threw out subpoenas Hubbard’s lawyers sought for Assistant Attorney General William Lisenby as well as Sandy McLure, a special assistant and scheduler for Attorney General Luther Strange. Hubbard recently filed for a motion to dismiss the case, alleging prosecutorial misconduct by Strange and state prosecutors, saying the prosecution is selectively targeting the Republican lawmaker for political reasons. That motion was jettisoned by the court. Judge Walker’s ruling will likely help take the sting out of those charges as Hubbard mounts his defense. “I am aware that the defendant Michael Hubbard contends that I maintained a notebook, journal or diary about Deputy Attorney General Hart’s alleged violations of professional responsibilities or ethics. I keep notes on many things. I have no notes that reflect violations of rules of professional responsibility or ethics on the part of Matt Hart,” Lisenby stated in an affidavit. “If I had evidence that Deputy Attorney General Hart violated rules of professional responsibility or ethics, I would report the violation to a court or to the Alabama Bar. I have made no such report,” Lisenby said. The judge apparently deemed the affidavit sufficient to quash the requested subpoena for Lisenby. Likewise, an affidavit from McClure stating she had no significant involvement in the effort to investigate and prosecute Hubbard was received favorably by Walker, so she will not be forced to testify either. The rulings comprise a blow to Hubbard, who professes his innocence on charges he illicitly profited from his chairmanship of the Alabama Republican Party among other ethics charges, though he has focused his defense thus far on impugning the motives of the prosecution.
Luther Strange: Ethics opinion clear that legislators can’t lobby
The attorney general says a new Alabama Ethics Commission opinion is clear that legislators cannot serve as hired lobbyists. Attorney General Luther Strange and the president of the Alabama District Attorneys Association sent a letter Thursday to legislators discussing the opinion. They say the opinion is “emphatic” that legislators cannot be paid to promote legislation. While lawmakers can accept salaries from organizations, they said it must be clear that the pay is unrelated to the legislator’s public position. Commissioners in October tightened advice regarding a legislator’s employment with an issue advocacy organization after prosecutors complained it undermined the ethics law. Defense lawyers for House Speaker Mike Hubbard pointed to the opinion in defending Hubbard who is accused of using his public position to obtain and assist clients. Republished with permission of the Associated Press.
Roundup of Mike Hubbard ethics trial coverage from this week
Another week another round of hearings and motions in the long-running ethics trial of Speaker of the House Mike Hubbard, we thought we’d check out coverage and provide you some links in case you missed the latest headlines and editorials. Hubbard’s lawyer has again filed for a continuance in the case – already delayed for a year and a half – this time because his attorney Mark White has had the “unprecedented privilege and honor” of being named dean of the American Academy of Trial Lawyers and is scheduled to speak to the group in Washington. Former deputy attorney general Sonny Reagan also made headlines by appearing at a pretrial hearing to help Hubbard clear his name, arguing Hubbard should not be held accountable because prosecutors had a vendetta against him. Lots going on here, as you can read on AL.com: Speechless: Lawyer wants to delay Hubbard trial again — to give a speech Hubbard prosecutors object to postponement of trial for lawyer to receive award Mike Hubbard hearings wrap up; both sides claim good week Former deputy AG questioned about conversations with Hubbard associates Prosecutor an angry blowhard? The best nuggets from rich corruption hearing Or in the Montgomery Advertiser: Hearing in Mike Hubbard case turns focus on prosecutors Hubbard hearing on prosecutorial misconduct ends Former Deputy AG: Prosecutor wanted to ‘ruin’ Hubbard Hubbard hearing on prosecutorial misconduct ends Or here on Alabama Today via the AP: Judge to hear Mike Hubbard motions to dismiss ethics case Former deputy AG testifies for Mike Hubbard defense Or on Alabama Political Reporter: Hubbard hearing concludes without fireworks Behind Closed Doors in Lee County as Hearing Concludes Statement from Deputy Attorney General Matt Hart Former Ethics Chief: Hubbard Without Ethics Protection No New Evidence Presented at Hubbard Hearing then there was this story on Yellow Hammer News: Former Alabama Deputy AG testifies that prosecutor wants to ‘ruin’ Hubbard politically We’ll continue to cover the trial as it moves forward.
Former deputy AG testifies for Mike Hubbard defense
A former deputy attorney general testified Monday that a prosecutor bragged he would ruin indicted House Speaker Mike Hubbard politically. Former Deputy Attorney General Sonny Reagan‘s testimony in Lee County Circuit Court was the start of a multi-day pretrial hearing as Hubbard looks to have the corruption case against him dropped. Hubbard faces 23 felony ethics charges accusing him of using his public positions to benefit his businesses. Hubbard has denied any wrongdoing. The Auburn Republican has alleged prejudicial prosecution and has said a 2010 ethics law that he supported is unconstitutional and being incorrectly applied in this case. Reagan spent nearly four hours testifying about the ways in which he found both prosecutor Matt Hart‘s remarks and his handling of grand jury proceedings prejudicial. During the defense’s questioning, Reagan told a judge that Hart was out to ruin Hubbard and made several threats against him during private discussions. “He said he would put a gun in his mouth with his hand on the trigger, show him the indictment and maybe he would plead guilty and resign,” Reagan said. Solicitor General Andrew Brasher suggested that Hart using gruff or suggestive language about the case with Reagan in private wasn’t necessarily an indication of bias since the two both have military backgrounds. Reagan resigned in December after he was accused of trying to undermine the investigation. Attorney General Luther Strange said Reagan communicated with people interested in stopping the probe and used as his personal attorneys two lawyers who were representing defendants. Reagan has denied those allegations. Prosecutors on Monday also presented court documents saying Reagan’s attorney sought to have the grand jury reviewing Hubbard’s case disbanded and advised him to use his Fifth Amendment right during portions of his own grand jury testimony. One of Hubbard’s defense attorneys, Mark White, said he was pleased with the first day of the hearing but declined to elaborate, citing pending testimony from additional witnesses. State prosecutors also are expected to continue questioning Reagan when the hearing resumes Tuesday. White said he also expects to call former Ethics Commission Executive Director Jim Sumner, and former Attorney General’s investigator Gene Sisson. Strange said Sisson helped Reagan secretly tape a conversation with the acting attorney general who was overseeing Hubbard’s case and later lied about losing the recorder. A state board recently upheld Sisson’s firing. The prosecutor, Hart, is also among 40 witnesses on Hubbard’s list. Judge Jacob Walker has said he will determine later whether the defense can take testimony from current Attorney General’s office employees. If so, he said that will be done via deposition. Hubbard’s case is scheduled to go to trial March 28. Prosecutors are objecting to defense efforts to delay the trial, which has already been postponed once. Republished with permission of the Associated Press.
Judge to hear Mike Hubbard motions to dismiss ethics case
A judge will hear arguments and testimony in indicted House Speaker Mike Hubbard‘s effort to get ethics charges tossed out of court. Judge Jacob Walker has scheduled a multiday hearing to begin Monday afternoon. The powerful Republican is arguing that the state ethics law is unconstitutional and that prosecutors had a vendetta against him. Defense lawyers intend to call two former attorney general office employees and the former head of the state ethics commission to the stand. Hubbard faces 23 felony ethics charges accusing him of using his public positions to benefit his businesses. The case is scheduled to go to trial March 28. Prosecutors filed a motion Friday objecting to defense efforts to push back the trial, which has already been delayed once. Republished with permission of The Associated Press.
Speaker Mike Hubbard’s appointments include 14 people to 7 boards
Alabama Today regularly reports appointments made by Governor Robert Bentley, today is the first in our series of legislative appointments. The appointments below are Speaker Mike Hubbard‘s appointments in the last 60-days. According to the Speaker’s office, “The Speaker’s Office follows the same protocol for each of the more than 300 appointments it makes every year. Recommendations are collected based on the specific requirements for the position, and an appointment is made based on the individuals’ experience and expertise relating to the duties of the board, committee, or commission.” We have asked for more specific information on how the public can know when appointments are available and who the contact for their office is for application. We will update this post when they provide more information and will continue to cover appointments in the future. A list of vacant board positions can be found on the Boards and Commissions webpage. State Personnel Board Myron Penn One Call Notification System Study Commission Dywane Griner Billy Pickard Alabama Commission on Higher Ed Charles Buntin Digital Depository Commission Lisa Silver Mack Butler Alabama Trust Fund Board Sandra Sims-deGraffenreid Digital Learning Study Commission Oliver Robinson Donnie Chesteen Dr. Janet Womack Alicia Simmons John Hudson Christine Garner Prison Reform Task Force Juandalynn Givan
Court rules against teachers’ lobby in retaliation claim
A federal appeals court has ruled that the Alabama Education Association can’t subpoena the files of GOP politicians to try to prove legislation was motivated by political revenge. The 11th U.S. Circuit Court of Appeals on Wednesday ordered that the subpoenas should be quashed. AEA claimed that Republicans were motivated by political retaliation when they passed a 2010 law that stopped public employee associations from collecting dues by payroll deduction. The law said public payroll deduction can’t be used to support political activity. The appeals court said the law had already been ruled constitutional so AEA has no valid federal claim to justify getting the files. AEA had sought records from former Gov. Bob Riley, Gov. Robert Bentley, House Speaker Mike Hubbard and Senate President Pro Tem Del Marsh. Republished with permission of the Associated Press.
Judge sets hearing in Mike Hubbard ethics case
A judge has set a hearing on House Speaker Mike Hubbard‘s claims of prosecutorial misconduct and argument that the ethics law is unconstitutional. Lee County Circuit Judge Jacob Walker scheduled the hearing for Oct. 26. Walker said for Hubbard to prevail, he must prove misconduct that substantially impacted a grand jury’s decision to indict Hubbard. Hubbard faces 23 ethics charges accusing him of using his public offices to benefit his businesses. Hubbard’s defense has argued that it is a selective prosecution and the ethics law is both unconstitutionally broad and being misapplied by prosecutors. Walker will hold a separate Oct. 20 hearing on defense efforts to subpoena witnesses. Defense lawyers are seeking additional testimony from Attorney General Luther Strange and others. Strange recused himself in the early days of the investigation. Republished with permission of the Associated Press.
