Mike Hubbard’s defense lawyers want to put AG Luther Strange on stand
House Speaker Mike Hubbard‘s defense lawyers want additional testimony from Attorney General Luther Strange as he seeks to dismiss his ethics case. Lawyers for the Auburn Republican have subpoenaed Strange to testify at an Oct 26 hearing. Prosecutors have asked a judge to quash the subpoena, saying the court already allowed a deposition of Strange. The defense has accused prosecutors of misconduct. They are also arguing the case against the powerful Republican is a selective prosecution. Prosecutors dismissed the claims as defense “conspiracy” theories. Strange stepped aside from the investigation and appointed a retired district attorney to lead the case. Hubbard faces 23 ethics counts accusing him of using his public positions to benefit his businesses. He has maintained his innocence. Republished with permission of the Associated Press.
Luther Strange: Ethics commission decision blurs lines between legislators, lobbyists
Alabama Attorney General Luther Strange and state prosecutors have asked the state Ethics Commission to reconsider an advisory opinion that they said could undermine enforcement of state ethics law. Strange and Scott Anderson, president of the Alabama District Attorneys’ Association, sent a Sept. 10 letter asking commissioners to revisit advice given to Rep. Patricia Todd, D-Birmingham, last month. Commissioners said Todd could advocate and vote on bills backed by her employer, an organization that works on gay and lesbian issues, as long as there wasn’t a financial interest involved. Strange said he feared the opinion blurs the lines between legislator and lobbyist. The opinion was cited by Indicted House Speaker Mike Hubbard, R-Auburn, as he seeks to dismiss ethics charges against him. Commissioners in the 4-1 opinion said Todd, may “advocate” for the Lesbian, Gay, Bisexual, and Transgender community, and “may sponsor and vote on legislation affecting the LGBT community while serving as the Director of HRC Alabama, as her advocacy actions will be issue-based and will not provide any personal benefit to herself or her employer.” “After careful review of this opinion, which practically permits an interest group to pay a legislator to lobby the legislature and state and local governments, we find the ethics commission analysis to be fatally flawed and ask the Ethics Commission to withdraw and reconsider this opinion,” Strange and Anderson wrote. Strange said he wanted to be clear that his concern was about the “larger ramifications” and was not an attack on Todd or her employer, the Human Rights Campaign. Todd is the state’s only openly gay legislator, and for years has been one of the most outspoken advocates on gay and lesbian issues. She took the job with the Human Rights Campaign this year. The opinion has become a focal point in the Hubbard case. The powerful Republican faces 23 felony ethics charges accusing him of using his public offices to benefit his businesses and clients. One of the charges against Hubbard accuses him of voting on budget language that could have benefited a client. The 2013 budget approved by the House included language that set out the requirements for a pharmacy benefit manager if the Alabama Medicaid Agency ever decided to hire a company to handle prescriptions. The Bessemer-based American Pharmacy Cooperative, Inc. — which was a client of Hubbard’s — was the only group that met the requirements, according to prosecutors. The state Medicaid agency did not ask for that language, and only one company would qualify under the language — the Bessemer company — State Health Officer Don Williamson said last year. Hubbard’s defense argued that he did not have a conflict of interest because he was being paid to promote the company in the state and that any gain to APCI was “theoretical.” His defense also disputed that APCI was the only qualified company. Ethics Commission Director Tom Albritton said he will present the attorney general’s request for reconsideration to the commission next month. “We are always concerned about getting the answer right, and for that reason value the input of all those affected by the Act which certainly includes the Office of the Attorney General and the state’s District Attorneys. Albritton also noted however, that “Rep. Todd specifically stated in her request that she would not lobby state officials.” Republished with permission of the Associated Press.
Is John Archibald correct? You decide, is Jack Williams gutting ethics laws?
John Archibald wrote a column for Al.com accusing Rep. Jack Williams and the legislature of attempting to “gut the ethics law.” Williams didn’t mince words when addressing constituent concerns based on the column on his Facebook page, saying in part “the crux of his column is totally, 100% inaccurate.” Alabama Today reached out to Williams via a phone interview to discuss the changes his legislation for the second special session, House Bill 18 proposes. First let’s look at the 3 components of the bill as William’s explains via his Facebook: The least controversial part of the bill would lower the threshold of a widely attended event from 12 to 8. According to Williams, “This allows the Senate Democrat Caucus to meet with a group and eat while they are meeting.” The second provision according to Williams, “clears up coflicting opinions from the Attorney General’s office and the Ethics Commisioner’s office on legal defense funds for public officials. We patterned that section after federal guidelines.” The final provision,the one Archibald wrote about deals with legislators lobbying. According to Williams, “In 2014 the legislature passed an amendment to the ethics law that strengthened the revolving door prohibition on former legislators leaving – during their term – and becoming lobbyist. The ethics commission and the prosecutors wanted the language clarified – they wrote the provision John is questioning. Section 36-25-1.1 prohibits legislators from lobbying.” It was the third section that Archibald took significant issue with. “The section John wrote about was incidental, and honestly, the least significant change. We clarify language in bills every year. That section was included at the suggestion of the Law Institute,” Williams said. That said, Williams said he would be open to adapting the language to make sure the spirit of the law wasn’t changed saying, “I don’t have a problem adding ‘current and former legislators’.” He fully expected the second part to be the most controversial and it was certainly the part that got my attention. The second section deals with legal defense funds. When Alabama Today asked Williams if this language was included for Hubbard he said, “I’m doing it for anyone…Mike is facing this and there’s a conflict between the AG’s opinion and the ethics commissioner.” He went on to explain that he has given, over the past 10-15 years to two legal defense funds. He said court costs involved for both officials charged with crimes related to their office cost over two million dollars and both elected officials were eventually cleared of all wrong doing. So would it benefit, Hubbard? Williams says, “yes, him or anyone else.”
Judge says Mike Hubbard got sufficient summary of ethics charges
A judge says indicted House Speaker Mike Hubbard has been given a sufficient summary of the evidence against him. Lee County Circuit Judge Jacob Walker on Friday rejected a defense request for a more definite statement from prosecutors of how they allege Hubbard broke the law. Walker says the plain language of the indictment and prosecutors’ court filings have provided adequate notice. Hubbard faces 23 ethics charges accusing him of using his public offices to benefit his businesses. He has pleaded not guilty. His trial was initially scheduled for October. Walker has tentatively delayed it until March. Republished with permission of The Associated Press.
Mike Hubbard asks judge to dismiss ethics case
Indicted House Speaker Mike Hubbard has asked a judge to dismiss ethics charges against him because prosecutors disclosed the names of some grand jury witnesses in a court filing. Hubbard’s defense team filed the motion Wednesday. Defense lawyer say prosecutors violated grand jury secrecy laws. The Republican speaker asked the judge to dismiss all charges against him on the grounds of prosecutorial misconduct. Prosecutors in the court filing opposed defense efforts to subpoena the grand jury court reporter. It included a May letter from prosecutors to Hubbard’s defense saying they had already provided transcripts of grand jury testimony by Hubbard, former Gov. Bob Riley and others. The Republican speaker faces 23 felony ethics charges accusing him of using his public offices to benefit his businesses.
Hubbard’s challenge to ethics law remains sealed
Indicted House Speaker Mike Hubbard‘s challenge to Alabama’s ethics law will remain out of public view. Lee County Circuit Judge Jacob Walker on Monday ordered court filings referencing grand jury material to be under seal. The Republican speaker, in seeking to get the case dismissed, has filed a challenge to the 2010 ethics law he once praised but is now accused of breaking. Defense lawyer Mark White said the defense is questioning the constitutionality of parts of the 2010 law and how prosecutors are applying it in Hubbard’s case. Hubbard faces felony ethics charges accusing him of using his positions as speaker and Alabama Republican Party chairman to drum up investments and clients for his companies. The challenge includes whether that political party activity should fall under the ethics law, White said. “You are talking about the state coming in and saying to a political party we get to dictate how you spend private money,” White said. Hubbard was the architect of the Republican’s 2010 push to win their first legislative majority in Alabama in more than a century. The 2010 ethics revamp passed during a special session on ethics reform was one of the first actions of the new GOP majority. Hubbard in 2010 praised the new ethics law as major step forward for Alabama, saying it would help end Alabama’s reputation as a “corrupt state.” “We promised the people of this state they would see a difference in the way their government operates,” Hubbard said in a statement after the bill was signed into law. “In seven days we passed seven anti-corruption bills and delivered on that promise. This new Legislature is committed to being more transparent, more accountable and more responsive to the people’s needs than ever before.” The defense filed the motion more than a week ago under seal. At a hearing last week, prosecutors objected, saying Hubbard’s embarrassment over the challenge wasn’t a reason to bar it from public view. Walker told defense lawyers to file the challenge publically but with the grand jury material redacted. However, Walker wrote in the Monday order that following a telephone conference with defense lawyers and prosecutors, he made the decision that all filing referencing grand jury material should be sealed. He said lawyers could file a motion to have the material unsealed. He did not explain the reason for the order. An Aug. 6 court filing from prosecutors included a letter to White that listed some grand jury witnesses including former Gov. Bob Riley, businessman Jimmy Rane, former state Rep. Greg Wren and Business Council of Alabama Chairman Billy Canary. The list largely names people alluded to in the indictment but also included the disclosure that Hubbard testified to the grand jury in April.
The million dollar question for Gov. Robert Bentley
Like a riddle without an answer, a question has bugged me for months: When Gov. Robert Bentley says that members of the Legislature agree with him on tax increases, who exactly is he talking about? Prior to surprising everyone with his ill-fated decision to call a special session on the budget when both House or Ssenate leadership said they weren’t ready, the Governor said he had met with a number of legislators and felt they were ready to come back. In an interview shortly after the special session ended, Bentley was quoted as saying, “And they said if you’ll get out in front, we’ll be right there behind you. And they were. About a mile and a half back.” Who is the “they” he keeps talking about and why aren’t they coming forward? In July, Alabama Today asked the governor’s communications director, “Do you have a list of members the Governor has met with even if it’s not comprehensive?” The reply, “No. The Governor has met with individual legislators and legislative leadership on budget issues. I do not have a specific number.” Yesterday, in an interview with WSFA Senate President Pro Tem Del Marsh said, “We have never had more than 11 senators in a single sitting agree to a tax measure.” He went on to note that was on the cigarette tax. A measure that failed in the House Ways and Means General Fund Committee surprising many. Speaker of the House Mike Hubbard told the AP, “when that collapsed, everything collapsed.” “We’ve always been up front that we want to get this done,” Marsh said to the WSFA, “but we ask at this time that taxes be taken off the table.” Alabama Today is continuing to reach out to individual members to see if there’s a secret caucus of tax loving republicans out there that continues to give the Governor the idea that he will get his tax increases and we will let you know if we find one. In the meantime if you know of a member who will go on the record supporting all of the governors plans feel free to email us.
Judge tentatively delays Mike Hubbard trial until March
The ethics trial for indicted House Speaker Mike Hubbard was pushed back until March, which will overlap with the 2016 legislative session, a judge said Monday. Lee County Circuit Judge Jacob Walker granted a defense request to delay the trial that had been set for October, saying he was doing so because of the number of documents involved. However, defense lawyers also objected to the new date, saying they could not be ready until early summer. Prosecutors and defense lawyers traded accusations during a hearing on a number of motions in the corruption case against the powerful Republican legislator from Auburn. Defense lawyers said prosecutors were being purposely difficult by doing a “data dump” of 2.5 million unindexed files during the discovery process. They said the files included irrelevant material and played a video that showed the bare backsides of two women dancing to highlight their argument. “The goal seems to be to make it as burdensome for us as possible,” defense lawyer Augusta Dowd told Walker. “We have to look at each file. The time consumed is enormous.” Prosecutors said they turned over everything because that is what defense lawyers sought and accused the defense of trying to delay the trial. “The defense is saying I’m looking at that blue sky, but it’s not blue,” lead prosecutor Matt Hart said. “The grand jury, they indicted Mr. Hubbard for being a corrupt legislator. … They deserve to have that resolved,” Hart said. Walker tentatively scheduled the case for March but asked lawyers to look at their trial calendars before naming a specific date. The 2016 legislative session begins in February. Defense lawyer Mark White would not say if the defense would object to the trial being held at the same time as the session where Hubbard would normally preside as speaker. However, defense lawyers told Walker they could not be ready before early summer, a likely sign that they will seek another delay. Hubbard faces 23 felony ethics counts accusing him of using his public offices as House speaker, and his former one as Alabama Republican Party chairman, to enrich his businesses. Hubbard and his wife, Susan, sat on the front row of the courtroom during the hearing. Hubbard’s defense last week filed a sealed challenge to the ethics law, according to courtroom discussions. The 2010 ethics law was one of the first acts passed by the GOP legislative majority that Hubbard helped sweep into office. Hart told Walker that the challenge should be filed openly even if Hubbard was “embarrassed” by challenging the ethics reform that he once championed. White said the filing was sealed because it included grand jury material. White said the defense challenge accuses prosecutors of misapplying the law in Hubbard’s case. Walker instructed the defense to publically file the challenge by Friday with the grand jury material redacted. The defense team scored a significant victory during the contentious hearing. Walker agreed to hold an evidentiary hearing in October on defense claims of prosecutor misconduct, including that prosecutors tainted the grand jury with their behavior. White said he wanted Walker to listen to audio tapes of the grand jury. “You can hear in the voice of Mr. Hart the venom he has for my client, Mr. Hubbard,” White said. The defense is expected to call multiple witnesses to the stand, including legislators who testified at the grand jury. “For us it’s a great day. It’s an absolute victory,” White said. Republished with permission of The Associated Press.
Alabama Legislature special session to end without budget
Special session number one is in the books. Bring on round two. Alabama lawmakers on Tuesday ended a special session without a budget as lawmakers remained unable to agree on taxes or cuts to address a looming fiscal shortfall. Gov. Robert Bentley said he will call lawmakers back to Montgomery in a second special session, making another attempt at persuading them to approve $300 million in tax increases to avoid reductions in state services. “The Legislature was unable to do what their only job is and that is to pass a budget. That was the reason they were called in, and they have failed,” Bentley said in a news conference outside the Alabama Capitol. “It really boils down to, are we willing to make these drastic cuts and hurt the lives of the people of this state? Are we willing to close down state parks? Are we willing to close down hospitals? Are we willing to tell the children of this state that they can’t get immunizations?” The budget debate revealed a political chasm between Republicans willing to discuss revenue options and those taking a hard line against tax increases. The GOP has a supermajority in both chambers but hasn’t been able to agree among themselves or with the Republican governor on what to do. Senators passed a cut-filled budget that House members rejected by an overwhelming 92-2 vote on Monday night. “I’ve never seen a gulf this wide. ….. We have a huge, huge personality driven conflict between the House and Senate. There’s just no way around it,” state Sen. Cam Ward, R-Alabaster, said. Legislators do agree on one thing. They are urging Bentley to wait a few weeks before bringing them back to Montgomery. “Until the dynamic changes, you’ve got the definition of insanity, doing the same thing over and over,” Senate Finance and Taxation General Fund Chairman Arthur Orr, R-Decatur, said. Bentley would not say when he would call lawmakers back, but said it would likely be in a few weeks. The session would bump up against the Oct. 1 start of the fiscal year, ratcheting up the pressure to get a budget approved. Alabama’s general fund budget faces a projected $200 million shortfall and needs additional money for Medicaid and prisons and to repay funds borrowed from state coffers. Proposals such as a cigarette tax, a soft drink tax, ending a state income tax deduction for FICA taxes paid and yanking the money from the separate education budget were floated during the special session but all failed to get enough traction to get to a floor vote. Senators, representatives and Bentley all expressed frustration. Some lawmakers said Bentley called the session too soon, before agreements were reached. Bentley said his trust level has declined as he wrangles with lawmakers. “I have been told many things that have not come to be,” Bentley said. House and Senate budget chairmen said they are trying to work on bridging divides before lawmakers return. “We’re back to square one, but I think square one is a lot clearer now,” House Ways and Means Committee Chairman Steve Clouse, R-Ozark, said. Despite two political losses under his belt, Bentley said he remained optimistic, praising senators who said they were willing to make the hard choice and vote for taxes. Republican Senate President Pro Tem Del Marsh said senators do not have an appetite for tax increases. He said lawmakers will try to arrange meeting days so they could override any gubernatorial veto of a budget in a second special session. “You’ve got to have time for an override. I don’t think the governor is going to settle for anything short of several hundred million in tax increases. I really hope this Legislature does not give that to him,” Rep. Ed Henry, R-Hartselle, said. Republished with permission of the Associated Press.
House Speaker Mike Hubbard seeks delay in his ethics trial
Alabama House Speaker Mike Hubbard has asked judge to postpone his October trial on ethics charges. Lawyers for the powerful Republican filed a motion Sunday asking Lee County Circuit Judge Jacob Walker to continue the trial scheduled for Oct. 19. Hubbard’s lawyers said numerous pretrial issues have to be resolved by the court. They also said there have been problems with discovery and accessing millions of pages of documents turned over by prosecutors in the case “The defense has been diligent and conscientious in its investigation and the preparation of this case for trial. Yet, with a 23 count indictment, the defense finds that it has much to do to effectively represent Hubbard at trial,” lawyers for Hubbard wrote. Hubbard was indicted last year on 23 felony ethics charges accusing him of using public offices, as House speaker and his former position as chairman of the Alabama Republican Party, for personal gain. Prosecutors have accused Hubbard of using his positions to steer Republican campaign business to his printing companies and to drum up clients and investments for his other companies. Hubbard has maintained his innocence. The speaker has previously asked a judge to dismiss the case, arguing grand jury secrecy laws were broken and prosecutors appointed by Attorney General Luther Strange lacked proper legal authority to run the investigation. Hubbard’s legal team also said they might challenge the constitutionality of the ethics law. Republished with permission of the Associated Press.
Special Session resumes with talk of second special session
Alabama Today is hearing members were told to pack for 9 days for the special session and to be ready to get comfortable once they get there because they will be working straight through the remaining days. While Governor Bentley may be optimistic about the upcoming special session, those we’ve talked to believe that the chambers are still pretty far apart from a compromise that would balance cuts with the proposals of tax increases. It sounds increasingly like a second special session will be needed to continue working through the differences. Then though there’s the very real possibility that there really aren’t enough legislators to pass the major tax increases Governor Robert Bentley has demanded. Senate President Pro Tem Del Marsh seems very hesitant to even take up most of the proposed increases while Speaker Mike Hubbard learned during the regular session that he has his own band of members, a group of outspoken freshman, who are also opposed to breaking their promise to voters by passing tax increases. House and Senate leadership made themselves clear prior to the Governor calling the session for this early date that they weren’t ready. We will see if the Governor’s surprise and risky move, of forcing their hand calling the special session so early, pays off for him or shows the continued disconnect in long term solutions for the state.
Del Marsh to join Alabama Jobs Foundation’s for poll release
The Alabama Jobs Foundation is holding a press conference at 10 a.m. Wednesday to announce the results of a new statewide poll. A Foundation media advisory says Sen. Del Marsh, Senate President Pro Tempore and sponsor of a plan to allow voters to vote on a constitutional amendment on gaming expansion, will be in attendance with Chip Hill, executive director of the Alabama Jobs Foundation, and Michael Meyers, a pollster with TargetPoint Consulting, Alexandria, Va. The group has backing of some of Alabama’s biggest names in business, launched with Pat Dye and Charles McCrary, and recently added Harold Ripps, and Frank Bromberg to the board. Marsh has been outspoken about his support of allowing voters to decide on gambling. In an earlier press conference with Birmingham Mayor William Bell, they expressed their preference of the amendment rather than a plan by Gov. Robert Bentley and Speaker Mike Hubbard to raise taxes. “This is a viable option that should be put to the people to decide,” he said. “The people should have the right to make this choice before we put $600 million of new taxes on them.” Birmingham Mayor William Bell joined Marsh at the press conference to lend his support to the gaming proposal because of its potential to boost economic development in his city. “We can’t stand on the sidelines,” Bell said. “In the last gubernatorial election, you had officials saying that we should let the people have the right to decide on gaming. Gaming is by choice, taxes aren’t by choice. If we have a lottery, people can choose for themselves whether to participate in that activity.” Alabama Today will be covering the event.
