Mike Hubbard ethics case partly overturned
The overturned counts dealt largely with several $150,000 investments in Hubbard’s troubled printing company.
State Supreme Court to review Mike Hubbard conviction
The Alabama Supreme Court will review former House Speaker Mike Hubbard’s ethics conviction, his attorney said Monday. Hubbard was one of the state’s most influential Republicans, but his political career ended with his 2016 conviction on ethics charges. Prosecutors said that Hubbard used the mantle of political office to drum up clients and investments for his businesses. Defense attorney Bill Baxley said Monday that justices granted review on one matter but it was the one he considered the “catch-all issue” in the case. Baxley said that was whether the law is clear and if Hubbard’s behavior constituted a violation. “We are delighted,” Baxley said. The allegations against Hubbard included that he improperly asked lobbyists and company executives for work and investments in his printing business. Baxley said that Hubbard did not intend to violate the law, and took “great pains” to try to make sure that he followed it. Trial testimony showed Hubbard consulted with the then-head of the Alabama Ethics Commission to get informal guidance about his private sector work. Attorney General Steve Marshall said he was confident the conviction would be upheld. “Until now, the Alabama Supreme Court has only heard from Mike Hubbard. Once my prosecution team has the opportunity to brief the issues and argue the case, we feel confident the result will be the same as with the lower court rulings and justice will prevail,” Marshall said in a statement. Hubbard was automatically removed from office in 2016 when he was convicted on the felony charges. A judge sentenced Hubbard to four years in prison, but he is free on bond as he appeals his conviction. The Supreme Court review comes after the Alabama Court of Criminal Appeals court last year affirmed 11 of the 12 counts against Hubbard. The Court of Criminal Appeals rejected Hubbard’s arguments that the transactions were aboveboard business dealings in which investors and companies that employed him got a fair value return for their money. The court also rejected arguments by the former speaker that the prosecution was tainted by prosecutorial and juror misconduct. However, the appellate judges also simultaneously urged lawmakers to address what they described as ambiguities in the state 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. Republished with permission from the Associated Press.
Alabama court denies rehearing request for ex house speaker
The Alabama Court of Criminal Appeals on Friday said it will not reverse its decision upholding the ethics conviction of former Alabama House Speaker Mike Hubbard. The court without comment denied Hubbard’s request for a rehearing of its decision upholding 11 of the 12 convictions. The court also rejected the state attorney general’s request to revisit the one count it overturned. Rehearing requests are seldom granted. However, appellate rules in criminal cases require a person to seek a rehearing before appealing upward to the Alabama Supreme Court. Defense lawyer Bill Baxley could not immediately be reached for comment. The attorney general’s office declined to comment. Hubbard is free on bond as he appeals his conviction. The court last month upheld the convictions that Hubbard used the power of his office to assist his businesses, including that he improperly asked lobbyists and company executives for work and investments in his printing business. The court rejected defense arguments that the transactions were aboveboard business dealings in which investors and companies were getting a getting a fair value for their money. 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. Hubbard was automatically removed from office in 2016 when he was convicted on the felony charges. He is free on bond as he appeals his conviction. Despite upholding the convictions, appeals court judges in the August decision also urged lawmakers to address ambiguities in the state ethics law. Republished with permission from the Associated Press.
Mike Hubbard continues to appeal ethics conviction
Former Alabama Speaker Mike Hubbard is asking an appellate court to reverse its decision upholding his 2016 ethics conviction. The rehearing request was filed Monday with the Alabama Court of Criminal Appeals. Under Alabama appellate rules a person must seek a rehearing before appealing upward to the Alabama Supreme Court. The Court of Criminal Appeals court last month affirmed 11 of the 12 counts against Hubbard. The court ruled there was sufficient evidence to convict Hubbard on the counts, including that he improperly asked lobbyists and company executives for work and investments in his printing business. However, judges’ ruling also chided legislators over what they described as ambiguities in the law and urged them to make clarifications. Hubbard is free on bond as he appeals his conviction. Republished with permission from the Associated Press.
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.
Mike Hubbard prosecutor endorses Alice Martin in Attorney General race
Van Davis, the acting attorney general in the prosecution of former Alabama House Speaker Mike Hubbard, endorsed former federal prosecutor Alice Martin for Attorney General on Monday. Martin, a conservative Republican with a record of fighting public corruption, was a member of Davis’ team that successfully convicted Hubbard. “Alice Martin is the one candidate in this race that I can trust to prosecute corrupt officials in Alabama,” said Davis. “While talking though on corruption is a talking point for many politicians, including many in this race, Alice is the only candidate to prove her commitment. Alice’s strong record clearly shows she goes after lawbreakers no matter what their political position. I am lucky enough to see first hand how passionate Alice is about sticking up for the average citizen in Alabama and I am proud to endorse her in this race.” Martin said she’s honored to receive Davis’ endorsement. “It is a great honor to receive Van Davis’ endorsement in this race,” said Martin. “Van is the prime example of someone who is willing to do whatever it takes in order to prosecute those who break the law. I had the pleasure of working with Van to prosecute former Speaker Mike Hubbard and I appreciate his support in this important race.” Martin is seeking to unseat current AG Steve Marshall, who was appointed by then Gov. Robert Bentley on Feb. 20, 2017 after Luther Strange was appointed to the U.S. Senate. The two will face off against former AG Troy King, Birmingham attorney Chess Bedsole in the June 5 Republican primary. The winner of that race will go on to face Democrat, Birmingham attorney Chris Christie, in the Nov. 6 general election. Watch the endorsement announcement below:
House approves change in ethics law for economic developer
Alabama lawmakers passed a proposed ethics law change that would exempt economic development activity from the rules governing lobbyists. The House of Representatives approved the bill 78-7 after three hours of heated debate on Tuesday. Proponents of the bill said it was necessary for development while its critics argued it rolled back the current ethics law to mitigate corruption. Republican State Rep. Ken Johnson, who sponsored the bill, said companies are getting scared away from Alabama at the prospect of having representatives register as lobbyists when seeking economic incentive packages. He said none have had to register yet, but it is a concern. The bill defines an economic developer as a professional employed part or full time in economic development or trade promotion who would be certified by the state’s ethics commission. Public officials could not get paid as lobbyists or be certified as developers. It also allows information about economic deals to remain confidential for five years. Lobbyists are required to register with the Alabama Ethics Commission and report their activities. Johnson said there were concerns about the gray area between economic development work and lobbying. Democrats who opposed the bill criticized Johnson’s bill as a rollback of the ethics law and potentially a “get out of jail free card” for lawmakers. “Is this just a backdoor way of reinstating the good old boy system?” asked Rep. A.J. Campbell, a Democrat. “If we said all people needed to register because this is the way it needs to be cleaned up, then why is it changed?” In 2016, former House Speaker Mike Hubbard was convicted of ethics violations including using his public office to obtain business and promote clients. In 2017, Rep. Oliver Robinson, a Democrat, pleaded guilty to taking a bribe for using his legislative position to oppose the Environmental Protection Agency’s prioritization and expansion of a north Birmingham Superfund site. “You know we’ve had a history through the years, we’ve had people convicted of selling their vote,” said Rep. Mary Moore, a Democrat from Birmingham. “They’ve been doing a lot of economic development and getting wealthy too. People are getting extremely wealthy off of packages in this house.” Johnson countered that there was an amendment specifying that lawmakers would not be exempt from the ethics law. A comprehensive ethics law reform proposed in the Senate was pushed to next session to be potentially handled by an ethics law task force. Some House members suggested considered all the changes together next year, but Johnson said it couldn’t wait. “Do we want to lose jobs this year?” he said. The bill now moves for consideration in the Senate. Republished with permission of The Associated Press.
Alice Martin qualifies for Alabama Attorney General race
Wednesday, during a press conference at the Alabama Republican Party Headquarters in Birmingham Ala. Alice Martin announced her qualification for Attorney General in the June 5 Republican primary. Martin is a conservative Republican with a record of fighting public corruption, white collar and violent crimes at the local, state, and federal levels. She was a member of the team that convicted former House Speaker Mike Hubbard, and successfully advocated for SB301, which combats technology based sex crime. She has spent the last five years serving as the Chief Deputy & Deputy Attorney General in Alabama. There, she’s used her position to fight against the Obama Administration’s federal overreach through the EPA and same sex bathroom mandates. She is an active member of the Alabama Federation of Republican Women, the Federalist Society, and a former member of the Alabama Republican Club Executive Committee where she served as Secretary in 2001. Martin earned her Bachelors degree in Nursing from Vanderbilt University then worked her way though law school at the University of Mississippi. Martin previously served as a municipal judge, a Circuit Court Judge in Florence, Ala. and a U.S. Attorney. She was named a “Top 10 Prosecutor in the U. S.” by Corporate Fraud Reporter. During her time as a U.S. Attorney, Martin prosecuted over 4,600 federal firearms, narcotic, and child pornography crimes, resolved over 8,200 civil cases and established an anti-terrorism task force. She also joined then-Alabama AG Bill Pryor to found the North Alabama Public Corruption Task Force and together they secured 140 federal corruption convictions. Martin and her husband have three adult daughters, live in Florence Ala. with their 10 dogs and are members of the First United Methodist Church.
New Luther Strange web ad touts role in Robert Bentley resignation, Mike Hubbard conviction
Alabama U.S. Sen. Luther Strange is taking some credit for the resignation of former Gov. Robert Bentley, the man who appointed him to the Senate. AL.com reports on a new 90-second video from Strange’s campaign – which blasts “Washington insiders and liberals” – also touts his ties to President Donald Trump, as well as his prosecution of former state Speaker Mike Hubbard. “We sent him to Montgomery to clean up political corruption,” says a narrator in the ad, which appears on Facebook. “And big Luther Strange kept his word, fighting corrupt Montgomery insiders and special interests.” The ad shows Strange driving a muddy truck into a car wash, spraying men in suits — representing Washington insiders and corrupt politicians. Supposedly, those “insiders” include both Bentley and Hubbard; the ad flashes newspaper headlines saying, “Strange will investigate Bentley” and “AL speaker Mike Hubbard sentenced to 4 years.” As Alabama’s Attorney General, Strange’s office prosecuted Hubbard for several felony ethics violations. Nevertheless, Strange recused himself from the Auburn Republican Speaker’s case because he used Hubbard’s printing company. Hubbard was eventually sentenced to serve four years in prison. “The guts to fight Montgomery corruption,” the ad says. “The prosecution and conviction of a corrupt House speaker. The investigation and governor’s resignation. A new public corruption prosecution unit. Corrupt politicians convicted.” Watch Strange’s ad here:
Steve Flowers: Alabama’s bizarre political theatrics would make a great movie
We in the Deep South have a unique history of political theatrics. The only northern states that rival our colorfulness are New Jersey and Illinois. In those two states, you are expected to be corrupt, especially Chicago. Our most colorful southern state has always been Louisiana. The parishes and bayous of the Pelican State gave us Huey Long and other characters. No other states can hold a candle to Louisiana’s brazen corruption. They not only expect their politicians to steal and cavort, they frown on them if they do not. The environment of Louisiana politics is bred toward corruption and debauchery. They not only gave us the glamour of the King Fish, Huey Long, they are proud of their infamous reputation. Well folks if you look at us here in the good old Heart of Dixie over the past few years we are probably giving Louisiana a run for its money. A cursory look at the record reveals that our Speaker of the House of Representatives, Mike Hubbard, was caught and convicted of taking bribes for sponsoring and passing legislation. Our 74-year-old doctor Governor Robert Bentley fell in love with his 44-year-old No. 1 adviser, lost all his wits, and has resigned from office in disgrace. He pleaded guilty to a misdemeanor charge and agreed never to run for office again. The House of Representatives was poised to impeach him had he not resigned. Ole Bentley had become an irrelevant clown and fodder for late night talk shows. The State is better off with Lt. Governor, Kay Ivey, serving out the remaining 20 months of Bentley’s term. Bentley, in a charade promulgated by his desire to not be indicted for his shenanigans, gave the U.S. Senate Seat vacated by Jeff Sessions to the sitting Attorney General Luther Strange to avoid prosecution. Therefore, our new junior U.S. Senator is in Washington with the taint of Bentley’s scandal hovering over his head with the appearance that he is there due to audacious collusion. We have an even richer novel that has transpired in Jefferson County, our most populous and supposedly urbane county. It made national news a year ago when the Mayor and President of the City Council got into a fistfight in the Birmingham City Hall. However, a new development is even more bizarre. During the fall elections, Democrats won all the Jefferson County judgeships. Along with the judgeships, Jefferson County voters elected a Democratic District Attorney. Democrat Charles Henderson beat incumbent Republican Brandon Falls by over 10,000 votes. Get this folks, the sitting DA trumps up a perjury charge against the new DA a few days before he was to take office. Falls convened a grand jury Jan. 12 and returned an indictment the next day Jan. 13. Henderson was to take office the following Monday. As anybody knows, a prosecutor can indict a potato for anything at any time. This scenario proves that point. The loser, Falls, got the winner, Henderson, indicted for perjury. This is so bizarre and corrupt a situation that it makes the aforementioned stories pale in comparison. It makes Jefferson County and Alabama look like a Third World banana republic. There are rampant rumors that the State’s top watchdog, Prosecutor Matt Hart, is camped out in Jefferson County and massive indictments are on the way. It has been over 70 years since Louisiana had a similar scenario. Nobody has been as brash in between. The Louisiana King Fish Huey Long was assassinated on the steps of the capitol in Baton Rouge. Huey Long’s brother, Earl Long, followed his famous older brother as governor. Earl was one colorful character. His opponents decided to seize power from Earl. They took control of the state police and had Earl arrested and put in the state insane asylum. One of the best political movies ever is entitled “Blaze” starring Paul Newman and it illustrates this story of Louisiana political lore. I recommend it for entertainment. These past two years in Alabama politics would make for a good movie. This latest Jefferson County fiasco would have to be a part of the plot. Look out Louisiana; we’ve got some good theater in the Heart of Dixie. 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.
Judge denies new trial for former House Speaker Mike Hubbard
Things aren’t looking any better for ousted House Speaker Mike Hubbard these days. A judge denied him a new trial on the grounds of jury misconduct. Lee County Circuit Judge Jacob Walker on Tuesday said Hubbard failed to prove jurors were prejudiced against him when they convicted him on ethics charges back in June. In his decision, he noted Hubbard was not convicted on all counts brought before the court, suggesting the jurors were, in fact, not prejudiced and they systematically made their decisions count-by-count. “Because the defendant failed to make a showing that he was actually prejudiced, this court would not disturb the verdict of the trial jury,” Walker wrote in his decision. On June 10, Hubbard was convicted on 12 of 23 counts of corruption, which automatically removed the powerful Republican from both the Legislature and the speaker’s office, ending the upward trajectory of the one-time GOP star whose career previously appeared to have no limits. He was later sentenced to a total of four years in prison and eight years on probation, and ordered to pay a $210,000 fine. Hubbard is free on bond while he appeals to the Alabama Court of Criminal Appeals. He continues to maintain his innocence.
Mike Hubbard loses bid for new trial
Former Alabama House Speaker Mike Hubbard has lost his bid for a new trial on ethics charges. Defense lawyer Bill Baxley said Thursday that he is now focused on preparing Hubbard’s appeal. Hubbard had requested a new trial arguing that prosecutors stretched the intent of the state ethics law, allowed improper expert witness testimony and there was evidence of juror bias in the case. Baxley says the new trial request is denied automatically if not ruled upon within 60 days. Baxley says his understanding is that the 60-day window expired last week. A jury in June convicted Hubbard of using his public office to obtain work and investments in his companies. A judge sentenced Hubbard to four years in prison. He is free on bond while he appeals his conviction. Republished with permission of the Associated Press.
