State to pay lawyers up to $200,000 in lawsuit against Robert Bentley

The state will pay outside legal counsel up to $200,000 to represent Gov. Robert Bentley and his law enforcement chief in a wrongful termination lawsuit brought by the governor’s fired secretary of law enforcement. The legislative Contract Review Committee will review the contracts Thursday. The governor’s office has proposed to pay a private law firm up to $100,000 to represent Bentley. The Alabama Law Enforcement Agency will pay up to $100,000 to represent Law Enforcement Secretary Stan Stabler. Former Secretary Spencer Collier in April filed a wrongful dismissal lawsuit against Bentley, Stabler and former Bentley adviser Rebekah Mason. Bentley has said Collier’s dismissal came after an internal investigation about the possible misuse of state funds. Collier accused Bentley and Mason of having an affair. Bentley denied having a “sexual affair.” Republished with permission of the Associated Press.
Court documents: Rebekah Mason may be under criminal investigation

According to documents filed by attorneys for former senior advisor to the governor, Rebekah Mason, the Tuscaloosa resident may be under criminal investigation for her role in the possibility of misusing state funds during an alleged affair with Governor Robert Bentley. The filings were made Wednesday in Montgomery County Circuit Court and are related to the wrongful termination lawsuit filed by former Alabama Law Enforcement Agency director Spencer Collier. The lawsuit named four other defendants besides the Bentley campaign (Bentley for Governor, Inc.) Gov. Bentley himself, new ALEA Secretary Stan Stabler, Rebekah Mason, and the group through which she was paid, the Alabama Council for Excellent Government. Both Mason and Bentley’s campaign lawyers have filed motions to stay the lawsuit, denying each allegation, and saying many of them are too vague to be heard in court. But in the stay filed by Mason, her lawyers argue that documents and testimony during the discovery phase of the civil lawsuit could unwittingly violate her 5th amendment right to not self-incriminate. The stay is requested based “Upon information and belief, Mrs. Mason is, or may be, the subject of ongoing criminal investigations relating to, among other things, her prior employment as a Senior Political Advisor to Defendant Governor Robert Bentley… The allegations and issues presented in Plaintiff Spencer Collier’s Complaint and the believed areas of criminal investigation overlap and focus on the same alleged conduct.” “Any testimony that Mrs. Mason might give or documents she might produce in this matter could potentially be used against her in connection with the ongoing criminal investigations,” the motion continues. Bentley’s campaign lawyers filed a motion in May to dismiss the lawsuit. This week a lawyer for Bentley asked the July 26th court date set for the hearing be moved to avoid interfering with vacation plans. The governor has maintained his own innocence throughout the months following Collier’s allegations. Efforts to impeach Bentley have thus far fallen short, facing opposition in the Alabama Legislature.
Feds question Spencer Collier in Robert Bentley scandal

The former law enforcement chief who accused Alabama Gov. Robert Bentley of having an affair with an adviser has been questioned by federal investigators about the governor’s administration, the official’s attorney said Wednesday. Kenny Mendelsohn, who represents former state law enforcement secretary Spencer Collier, would not elaborate on what questions investigators asked. A person close to the administration who also was questioned told The Associated Press FBI agents asked about the use of state grants and other resources. The person spoke on condition of anonymity, fearing retribution. The revelations are the latest sign of trouble for Bentley, who has been the subject of an impeachment push since he admitted making inappropriate comments to the former aide, Rebekah Caldwell Mason. He has denied having an affair with her. A spokeswoman for the governor declined to comment. The AP obtained a letter written by an aide to U.S. Attorney George Beck in Montgomery saying Beck has stepped aside from any possible investigation or prosecution involving the governor’s office. The subject line on the letter, dated last week, states: “Re: Grand Jury Investigation.” However, it is not clear if a grand jury has been empaneled, which could be a sign of a deepening investigation. Beck said Justice Department officials in Washington decided to remove the case from his office, and he is unsure of its status since then. “The office of general counsel makes those decisions when they think it’s in the best interest of the public that if a U.S. attorney’s office is too close to a situation then it’s best to recuse that U.S. attorney us and the entire office,” he said. FBI Director James Comey, in Birmingham for an event about civil rights, declined comment on any federal probe involving Bentley. The impeachment effort began after Collier, the former head of the Alabama Law Enforcement Agency fired by Bentley, accused his former boss and friend of having an affair with a staffer and of interfering with law enforcement business. Bentley acknowledged making inappropriate remarks to Mason but denied the other accusations. However, audio recordings obtained by the AP purportedly captured the governor — before his wife of 50 years divorced him last year – telling a woman he loved her and enjoyed kissing and fondling her. Collier has since sued Bentley for wrongful termination, accusing Bentley of firing him because the two disagreed over a request to file an affidavit saying investigators found no evidence of misconduct by prosecutors in the ethics case against House Speaker Mike Hubbard, who is now on trial in Lee County. Collier said he wanted to file the affidavit, but the governor didn’t want him to. Collier said that Bentley asked him to lie to prosecutors, and that he was unwilling to do that. Bentley asked a judge to throw out the lawsuit earlier this week. — Associated Press writers Kim Chandler in Opelika, Alabama, and Phillip Lucas in Birmingham contributed to this report. Republished with the permission of The Associated Press
Robert Bentley’s campaign seeks to dismiss Spencer Collier lawsuit

Alabama Governor Robert Bentley‘s campaign attorneys are seeking to dismiss a lawsuit filed by former Alabama Law Enforcement Agency chief Spencer Collier in the aftermath of the latter’s termination. The governor’s lawyers argued in a motion filed Monday morning that the lawsuit’s allegations are too “vague” and “ambiguous.” Spencer Collier, who accused Bentley of having an affair with former senior advisor Rebekah Mason the day after he was fired, said in the lawsuit that Bentley and Mason made misleading statements to the media in an effort to discredit him. “Their lies have hurt me financially, have severely damaged my reputation and they have made it their mission to permanently end my career in law enforcement,” Collier said in a statement regarding the lawsuit. The lawsuit named four other defendants besides the Bentley campaign (Bentley for Governor, Inc.) Gov. Bentley himself, new ALEA Secretary Stan Stabler, Rebekah Mason, and the group through which she was paid, the Alabama Council for Excellent Government. The two-page filing is the only response to the lawsuit thus far submitted by any of its defendants. “The only basis of the complaint against this defendant appears to be the allegations that defendant Mason is an agent or servant of this defendant,” Bentley for Governor, Inc.’s lawyers wrote in the two-page document. “Said allegations in this regard are insufficient and not in accordance with the Alabama Rules of Civil Procedure. “The complaint is so general, vague and/or ambiguous that Defendant cannot reasonably frame or file a responsive motion and/or pleading. Plaintiff has failed to provide sufficient factual descriptions of the alleged actions by this Defendant.” The lawsuit and Monday’s motion were filed in Montgomery Circuit Court. The governor has maintained his own innocence throughout the months following Collier’s allegations. Efforts to impeach Bentley have thus far fallen short, facing opposition in the Alabama Legislature.
Robert Bentley facing impeachment push: ‘I’ve done nothing wrong’

Embattled Gov. Robert Bentley on Friday maintained he has done nothing wrong, just a day after Alabama lawmakers revived an impeachment effort against him. At a press conference in his office, Bentley initially tried to side step impeachment questions but relented when pressed, imploring Alabamians to trust him. “I’ve done nothing – absolutely nothing – that is illegal or unethical,” Bentley said. Bentley faces accusations of corruption and willful neglect of duty a month after he acknowledged making inappropriate remarks to a female political adviser, but the governor says Alabamians shouldn’t worry about the possibility of impeachment. “Distractions that come around us all the time, that is not going to keep me from carrying out the purpose that I believe God put me here to do,” Bentley said. “That’s to do this job well and to do it in a way that glorifies Him but also to do it in a way that it helps the people of this state.” The governor said the past year has been difficult, but he hasn’t “neglected” his duty as governor. “I don’t want difficult times to come my way, but I have to rise above those difficult times,” Bentley said. “How can they make me stronger? Because I’m not going to give up.” A push for an investigation faltered Tuesday in the House of Representatives, but the effort was reignited Thursday when 23 lawmakers signed off on new articles of impeachment. The articles will trigger a House Judiciary Committee to probe whether there are grounds for impeachment, though it’s unclear how quickly that inquiry will proceed. “Governor Bentley has overstepped his bounds and needs to be removed from office,” said Rep. Ed Henry on Thursday. The push by some for impeachment comes after former Alabama Law Enforcement Secretary Spencer Collier accused the governor of an affair and of interfering with law enforcement investigations. Collier made the allegation a day after being fired by Bentley. Collier last week sued Bentley, Rebekah Mason and the current ALEA for defamation and wrongful termination. Bentley acknowledged making inappropriate remarks to Mason but denies an affair or misuse of office. Recordings obtained by The Associated Press purportedly show the governor – before his 2015 divorce – professing love to someone and telling her how much he enjoyed kissing her and touching her breasts, and referencing a need to start locking his office door. The former First Lady, Dianne Bentley, filed for divorce in August 2015 after 50 years of marriage. Republished with the permission of the Associated Press
Former top cop files suit against Robert Bentley, Rebekah Mason

Alabama Gov. Robert Bentley‘s former law enforcement secretary sued his former boss Tuesday, claiming he was wrongly fired. Spencer Collier, who the day after his firing accused Bentley of having an affair with an adviser, says in the lawsuit filed in Montgomery that Bentley and the adviser, Rebekah Mason, made misleading statements to the media to try to discredit him. “Their lies have hurt me financially, have severely damaged my reputation and they have made it their mission to permanently end my career in law enforcement,” Collier said in a statement. Jennifer Ardis, a spokeswoman for Bentley, said the governor’s office had not seen the lawsuit and did not have an immediate comment. Bentley has previously said Collier was fired after an internal review found a misuse of funds at the state law enforcement agency. A text message to Mason and a call to Mason’s attorney were not immediately returned. The lawsuit is the latest twist in a sordid political tale that has engulfed the 73-year-old governor in controversy. It has been punctuated by back-and-forth salvos between Bentley and Collier, who were once close friends when they served together in the Alabama House. Collier’s lawsuit accuses the governor of firing him because the two disagreed over a request to file an affidavit saying investigators found no evidence of misconduct by prosecutors in the ethics case against House Speaker Mike Hubbard. Collier said he wanted to file the affidavit, but the governor didn’t want him to. He says Bentley asked him to lie to prosecutors and that he was unwilling to do that because it would be illegal. The governor is expected to be a prosecution witness at Hubbard’s ethics trial next month. Among the charges Hubbard faces is using his public office to benefit his clients by lobbying the governor’s office. “The governor did not tell anyone including Spencer Collier not to comply with the law – just the opposite. The governor wanted everyone treated correctly and in accordance with the proper law enforcement procedures,” the governor’s spokeswoman has said in a previous statement. A day after being fired, Collier accused Bentley of having an affair with Mason. The governor later admitted making inappropriate remarks to Mason, who has since resigned, but said he did not have a “physical affair.” However, racy recordings have surfaced of Bentley making sexually charged remarks, referencing kissing and touching, to someone with the same first name. The governor’s new law enforcement secretary, Stan Stabler, said last week that it was Collier who sent a state helicopter in 2014 to fly Bentley’s forgotten wallet from his hometown in Tuscaloosa to his beach house at Fort Morgan. Collier said he never approved the flight. Bentley said he did ask state security to retrieve his wallet, but he did not know they were going to use a helicopter to do it. Republished with permission of the Associated Press.
Robert Bentley took Jon Barganier to Vegas, attended Celine Dion concert

Friday mornings are generally quiet at my house but this morning over my coffee I was greeted by a breaking news alert from AL.Com. The headline practically shouted “Smoking gun.” John Archibald had written, “Gov. Robert Bentley, Rebekah Mason flew to Vegas, attended Celine Dion show.” Wow! I clicked the article, much like I’d assume most people did, anticipating this would be news that broke the case wide open. Only a few sentences in, I realized I was duped by yet another clickbait headline where the substance of the story was a yawn-fest. This particular trip in question wasn’t simply a holiday getaway between Mason and Bentley, rather it was a trip to attend the Republican Governors Association Annual Conference. Mason wasn’t the only person to accompany the governor — two other staffers joined as well. The headline could have read, “Gov. Robert Bentley, Jon Barganier flew to Vegas, attended Celine Dion show.” Elected officials traveling with staff to conferences is not news. Now it would possibly be news if during the trip the two had a hot date to the concert, but the governor sprang for tickets for all the accompanying staff. I’m going out on a limb here, but if the governor and Mason wanted privacy and a romantic evening they probably wouldn’t have brought along Communications Director Jennifer Ardis and Deputy Chief of Staff for Policy Jon Barganier. The story itself is more of the same, with former Alabama Law Enforcement Agency chief Spencer Collier delivering another riveting set of accusations that Bentley tried to shake his security detail, an accusation that the governors office denied in a statement released after the story “broke.” There’s been credible and even wowing news related to the Mason/Bentley relationship, but this particular piece along with others recently seem to be a “which publication can garner the most clicks” contest based on an otherwise personal situation. Frankly, I don’t know if the public needs any more evidence of an inappropriate relationship than what is out already there, but we certainly don’t need to make something out of nothing for the sake of web traffic. I’ve worked for a number of elected officials, most recently a member of Congress who was a dentist. While attending a dental conference in Nashville several years ago myself, my infant daughter and two other staffers went to a concert at the Ryman with the Congressman. It would be laughable to make that conference and concert into something more. Likewise, it’s laughable to make the Vegas and Celine concert into something more. As I said before, beyond the lingering questions and the need for the appropriate authorities to conduct their independent investigations to determine whether or not any laws were broken, I’m not sure how much more information the public needs to know. Regardless of the relationship she had with the governor, clearly Mason did work within the administration, was a trusted adviser, and would be included on this and other trips. Duh.
Official: State aircraft used to deliver Governor’s wallet

The head of the Alabama law enforcement agency confirmed Wednesday that a state aircraft was used in 2014 to deliver Gov. Robert Bentley‘s forgotten wallet to him at the beach but said that Bentley did not request the air delivery method. Alabama Law Enforcement Secretary Stan Stabler issued the statement in response to reports that state resources were used to deliver the governor’s wallet. “Gov. Bentley did not request a specific method be used to relay his wallet from Tuscaloosa to Fort Morgan – the decision to utilize department equipment to facilitate the request was made through ALEA’s chain of command, using standard agency protocol,” Stabler said. Stabler defended the move. He said it is the job of the dignitary protection unit, which serves as security detail for certain elected officials, to, “protect and safeguard its protectees and provide assistance to ensure protectees are fully prepared to perform their duties as constitutional officers.” Stabler said his predecessor, Spencer Collier, approved the decision, but Collier disputed that Wednesday. Collier, who was fired by Bentley last month, said he didn’t know about the wallet and never authorized aviation resources to retrieve it. “I’ve never authorized a flight for a wallet,” Collier said in a brief telephone interview. Collier said Stabler and Bentley went around him to authorize the flight. The disagreement over who authorized the wallet retrieval is the latest back-and-forth between Bentley’s administration and Collier, who for years was the governor’s friend and appointee. Collier last month accused Bentley of having an affair with a high-ranking staff member. Bentley denied that he had a “physical affair” but admitted making inappropriate remarks to the woman. Republished with permission of the Associated Press.
Robert Bentley trudges on in the face of scandal questions

Trailed by an unusually large crowd of reporters, Alabama Gov. Robert Bentley walked the halls of an overcrowded state women’s prison Thursday, trying to focus on his legislative agenda but still dogged by questions about his relationship with a former top aide. Pressure has mounted around the governor ever since he acknowledged last week that he made inappropriate sexual remarks to his former confidante and adviser, with a few Republicans calling for his resignation or suggesting impeachment. Both possibilities seemed remote, turning the lame duck GOP governor into something of a political punching bag. At Julia Tutwiler Prison, Bentley, who is pitching an $800 million prison construction project, said overcrowding was a major crisis facing the state, and the hoped lawmakers would focus on what was good for all of Alabama instead of what he called a personal issue. “These are major problem in the state of Alabama. I was elected by the people of this state to help solve problems and that’s what we’re trying to do,” Bentley told reporters when asked if the scandal affected his ability to lead. Bentley has denied having an affair with Rebekah Caldwell Mason, who stepped down from his office on Wednesday. Former Law Enforcement Secretary Spencer Collier — a day after being fired by Bentley — accused the 73-year-old governor of having an inappropriate relationship with Mason, 44. Collier also accused the governor of urging him to give false information about the status of a prosecutorial misconduct investigation involving the case against the speaker of the house. The governor has denied the allegations as well. Some Republicans have urged Bentley to resign or called for the state ethics commission and law enforcement to investigate if any state resources were misused. “There’s no credibility. There’s no confidence from the legislature or the people of this state in his office and his abilities,” said Rep. Ed Henry, a Republican. Henry said he was drafting articles of impeachment for lawmakers to consider. The 1901 Alabama Constitution spells out a somewhat vague process for impeachment for offenses including moral turpitude, willful neglect of duty and corruption among other things. Bentley said Thursday he didn’t do anything illegal. “I want the people of Alabama to know there is nothing there. There is nothing illegal. There is nothing that has ever been done that would affect the people of Alabama and affect my job,” Bentley said. The governor indicated he would be issuing a fuller response later. Several House Republicans said that the talk of impeachment was premature. “You investigate and then take action. You don’t take action and then investigate,” said Republican Rep. Jack Williams. The governor tried to plod forward this week, keeping up a string of scheduled public appearances that morphed into awkward and short-lived question and answer sessions with reporters about Mason. The governor said Thursday that he wanted to focus on his agenda that included trying to build legislative support for an $800 million prison construction project that he believes is critical to solving the state’s overcrowding problem, which has been blamed for two violent uprisings in the past few weeks Tutwiler, built in the 1942, houses 950 female inmates in a facility originally built for 550. The prison was thrust into the spotlight in recent years because the Department of Justice accused Alabama of failing to protect female inmates from sexual harassment and abuse. It was the allegations of improper relations in the governor’s office that many reporters wanted to ask about. The heavier media attendance and a notable absence of legislators or other public officials seeking to share the limelight during the prison stop suggested Bentley would remain under fire. Bill Stewart, the former chairman of the political science department at the University of Alabama, said the full political impact might depend on how long the public’s attention is focused on Bentley. “He’s made some grave mistakes and he’s paying the political penalty,” Stewart said. Dianne Bentley, the governor’s ex-wife, filed for divorce in 2015 saying their 50-year marriage had suffered an irreparable breakdown. Recordings obtained by The Associated Press purportedly show the governor — before his divorce — professing love to someone named Rebecca or Rebekah and telling her how much he enjoyed kissing and touching her. The admissions may have even more sting because Bentley won in 2010 and 2014 based partly on his morally upright image. Gustavo Villanueva, a gay Birmingham man, said he thought the governor’s actions were hypocritical. “To hear that he was accused of having an affair and having a divorce kind of made me laugh about him saying gay men are ruining the sanctity of marriage and all this stuff,” he said. David Rubey said the scandal had cast on shadow on Bentley’s governorship. “It does hurt his leadership abilities because he’s proven to be a liar,” Rubey said. “That’s a character flaw for sure, so that carries over into your work if you can’t be honest with people which — obviously — he’s a politician.” The governor doesn’t appear to have any political allies right now, but also has no immediate reason to leave, said Natalie Davis, a political science professor at Birmingham-Southern College Who goes to bat for Gov. Robert Bentley? Now, if legislators want to push the envelope, that might force him out, but he has nothing to lose by simply hanging in there,” Davis said. Republished with permission of the Associated Press.
Jim Zeigler files report on Robert Bentley with state Ethics Commission

Alabama State Auditor Jim Zeigler has submitted an official report with the Alabama Ethics Commission, requesting the body investigate allegations Gov. Robert Bentley participated in an affair with senior advisor Rebekah Caldwell Mason, a former staffer who is no longer a state employee. Former Alabama Law Enforcement Agency director Spencer Collier disclosed knowledge Wednesday of a recording of the governor making comments of an intimate nature to who was presumed to be Mason, as well as an incident of viewing an explicit text message. The governor has denied a “sexual” affair occurred. Zeigler said he submitted the report as a request for the commission to investigate whether any state resources were unlawfully used in the alleged relationship. “The governor continues to disgrace the state of Alabama, and in my official capacity as state auditor, I am required to report these suspected violations,” said Zeigler said in a prepared statement released Friday afternoon. “It is clear that he is misleading the people of the state about the nature of his relationship, but it is also clear that Ms. Mason is required to either be classified as a public official, or file as a lobbyist, in her capacity as an advisor who is paid by an outside source.” Zeigler told Alabama Today the report stemmed from his discovering a seldom-used provision in the law, 36-25-17, requiring any agency head, which includes the auditor, who receives information of a violation of the ethics law shall report it to the Ethics Commission. “I am expecting next week, to get honest state employees, which is the majority, come into my office or call in with more information,” Zeigler said. “The information I get about any issue or problem is not self-generated, it comes from citizens or state employees contacting me with information.” Zeigler identified Collier as one of the sources for his information, but noted there were other sources. The auditor also said he expects to file two or three supplemental reports within the next month. Though Bentley’s former chief of staff, Seth Hammett also worked for the governor’s office while being paid by an outside group, the governor received permission from the Ethics Commission. No such permission was sought in the case of Mason’s arrangement with 501(c)4 group Alabama Council for Excellent Government (ACEGOV), whose website states the group “supports Governor Bentley’s bold vision to lead Alabama with greater economic opportunities and by tackling our state’s challenges with real solutions.” Zeigler has been a frequent critic of the governor’s since his own election in 2014, but in recent months he and Bentley have sparred over the very nature of the State Auditor’s office. A bill sponsored by Rep. Paul Beckman, would make the offices of State Auditor and Agriculture Commissioner appointed, rather than elected, positions. Zeigler said the move would be like “the fox guarding the hen house.” Stopping short of asking the governor to step down himself, Zeigler said he believes the only way Bentley will leave his office is if the Alabama Legislature removes him, or he’s convicted of ethics violations.
Audit calls into question Robert Bentley’s stated reason for firing head ALEA officer

An audit by the Alabama Examiners of Public Accounts released last month, which found no “significant instances of noncompliance with applicable laws and regulations” within the Alabama Law Enforcement Agency (ALEA), calls into question Gov. Robert Bentley‘s stated reason for firing the agency’s former director Spencer Collier. The audit, first reported by WBRC, covered six years from Oct. 1, 2009 to Sept. 30, 2015, which includes all but four months of Collier’s leadership of the agency. The audit is a notable discrepancy to the governor’s stated reason for booting Collier earlier this week. “(Collier’s replacement, Stan Stabler) identified several areas of concern in the operations, policies and procedures at ALEA,” Bentley said in a news release Tuesday announcing Collier’s dismissal. “After an internal review, the ALEA Integrity Unit found a number of issues, including possible misuse of state funds. I am disappointed to learn these facts, and today, I relieved Spencer Collier of his duties as ALEA Secretary.” Collier, during his news conference Wednesday, which set off the firestorm of allegations about the governor’s personal life, claims he only learned about his dismissal and the governor’s stated reason through social media. Stabler has acted in the capacity of ALEA director since Collier was placed on medical leave in February. In addition to having made the claims about misuse of money in the agency under Collier’s watch, Stabler also maintains he was not a witness to any evidence of the governor’s alleged affair, as was stated by Collier. “The allegation and implication from Mr. Collier is completely false and without merit,” Stabler wrote in a statement. Attempts to contact a spokesman from the Examiners of Public Accounts’ office to ascertain whether the department has plans to conduct more audits of ALEA were unsuccessful. Another audit could determine whether there was any misuse of funds between the end of the agency’s scheduled audit on Sept. 30, 2015, and Collier being placed on medical leave in February. Attorney General Luther Strange said Thursday afternoon his office “takes very seriously any allegations involving potential criminal misconduct,” and, “has a strong record of probing illegal activity in this state and we will continue to do our job,” but his office will not release any further information about “pending criminal investigations.”
Luther Strange says his office will investigate ”potential wrongdoing” at ALEA

Revelations surfaced this week that an internal probe at the Alabama Law Enforcement Agency uncovered financial inconsistencies and a possible misuse of state money. Shortly after the news broke of the possible indiscretions, ALEA Secretary Spencer Collier was terminated and a war of words ensued between him and Gov. Robert Bentley. Consequently, Attorney General Luther Strange released a statement about his office’s role: “In light of the accusations of potential wrongdoing that have been made over the last two days, and the numerous inquiries that my office has received, I would like to assure the public that the Attorney General’s Office takes very seriously any allegations involving potential criminal misconduct. My office has a strong record of probing illegal activity in this state and we will continue to do our job.” Strange added that, because of his office’s “longstanding policy regarding pending criminal investigations,” no further information would be released at this time.
