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Code of Honor: What Does it Mean?

Bill Britt

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By Larry Sims

To convince Americans to ratify the Constitution, James Madison offered this contribution: “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. Federalist 51.”  

What did Madison mean by “auxiliary precautions?”  This is an indisputable truth: We are an imperfect people ruled by an imperfect government with imperfect leaders.  Elections are dependent upon the people, but the hearing of government is often impaired.  How do “auxiliary precautions” constraint the activities of government and those hired by the people to lead it?

At the federal level we rely on our elected representatives (the President and Senators) to use wisdom in choosing members of the Judiciary, who are appointed for life.  Options are available to remove errant Judges, but they are rarely exercised.

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Simple guidelines are in place to define honorable behavior. These “auxiliary precautions” are called the Judicial Canons. Those offered by the American Bar Association are worth repeating:

Canon 1 

A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

Canon 2

A judge shall perform the duties of judicial office impartially, competently, and diligently.

Canon 3

A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.”

These simple statements of the judicial code of honor will be put to the test in just a few days.  The U. S. Supreme Court will be reviewing a case on state law regarding same sex marriage.  One apparent ethical problem rests on the shoulders of Justices Ginsberg and Kagan.  Both have presided over same sex weddings, one in judge’s chambers in the U. S. Supreme Building.  This case will test the definitions of impartially, integrity, competence and conflict of interest. Will Ginsberg and Kagan ignore the Canons and rule on this matter in the face of an obvious bias demonstrated by their actions?  We can only hope that “auxiliary precautions” will prevail.

Another example is closer to home.  Without quoting chapter and verse of Alabama Ethics laws, the underlying principle mandates this simple commandment: an elected official cannot use public office for personal gain.  A dark cloud of doubt hangs over the Alabama Legislature due to the actions of Speaker Mike Hubbard.  The case has not gone to trial, but his actions have caused a prosecutor and a grand jury to establish a series of questions based on Hubbard’s actions that warrant a trial.

The allegations have taken their toll. Along with the uncertainty over the Speaker’s future come questions about any action of the legislature.  The overriding question is this: Why is Hubbard still Speaker? The dark cloud would have dissipated if the members had chosen a new leader, but they refused to bulk status quo, paving the way for a potential colossal embarrassment for the legislature, state government in general, and the Republican Party. 

Hubbard is given credit for “transforming” the legislature into a conservative, pro-business body.  This flies in the face of thousands of Republican activists who have worked for decades to make this transition possible.  The rallying cry has often been “honesty in government.  That is being put to the test with the upcoming trial.  Have Republicans rallied around a potentially corrupt leader for the sake of holding on to power?  Has the lesson of “auxiliary precautions” been lost on Alabama Republicans?

Finally, one group that needs fewer “auxiliary precautions” is public educators.  The vast majority of public teachers and administrator enter the profession because they consider it “a calling”. The pay is acceptable, but the promise of fame or fortune is not in the cards.

In spite of this, the Code of Ethics for public educators is comprehensive and duplicated at the state and local level.  Press reports of misconduct or mal practice are common, but confined to the smallest minority of teachers and administrators.  When this occurs, it usually involves criminal activity, such as an inappropriate relationship with a student. Society has a low or zero tolerance for such blatant disregard for accepted moral standards.

Alabama law generally defines morality : (School Code 1927, §354; Code 1940, T. 52, §337.) “The State Superintendent of Education shall have authority to revoke any certificate issued under the provisions of this chapter when the holder has been guilty of immoral conduct or unbecoming or indecent behavior.” Since no state employee is above the law, it is assumed that “immoral conduct or indecent behavior” applies to the State Superintendent of Education as well, and it would be the responsibility of the Governor and the State Board of Education to deal with this matter if it occurs. 

In modern, politically correct America, it is often a struggle to define right and wrong, good and evil, or “immorality.”  In his book Still the Best Hope: Why the World Needs American Values to Triumph , Dennis Prager voices frustration over what he calls moral confusion: “(I regret having to define) terms that should not need definition (good and evil), because a generation of Westerners has been taught that good and evil are totally subjective terms.” 

Why should it be necessary to define unwritten moral societal codes based on a general understanding of morality in the minds of the people? “Auxiliary precautions” are necessary, but they can never replace our understanding of Natural Law ingrained in each of us based our membership in the human race.

 

Larry Sims is a former State Legislator who teaches political science at an Alabama community college.  He is a life long Republican.

Bill Britt is editor-in-chief at the Alabama Political Reporter and host of The Voice of Alabama Politics. You can email him at [email protected] or follow him on Twitter.

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Courts

Attorney general’s office will prosecute Hoover mall shooting cases

Brandon Moseley

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Attorney General Steve Marshall said his office will take over prosecuting the Nov. 22, 2018, shootings of E.J. Bradford, Brian Wilson and Molly Davis at Hoover’s Riverchase Galleria Mall.

Marshall notified Jefferson County District Attorney Danny Carr (D) that he is assuming prosecution of the cases after the admission by District Attorney Carr in a letter to Attorney General Marshall of the presence of potential conflicts between himself and key parties in the cases. Attorney General Marshall noted that the conflicts warrant recusal under the National District Attorneys Association’s National Prosecution Standards.

“I have reviewed your December 11th letter regarding your prosecutorial role in the shooting death of Emantic ‘E.J.’ Bradford, Jr.,” Attorney General Marshall wrote District Attorney Carr. “Based on the information you provided in that letter and our multiple conversations on the subject—particularly your acknowledgement that ‘a fair-minded, objective observer could conclude that a conflict exists’—I have determined that the National Prosecution Standards dictate your recusal from the investigation of each of the shootings that occurred in the Riverchase Galleria on Thanksgiving night, not just E.J. Bradford’s.”

“While I have no reason to believe that you are actually biased or compromised, I agree that other fair-minded persons might question your neutrality based on the information that you provided in the letter and during our private conversations,” Marshall said. “For example, you state that the officer who shot Mr. Bradford is either the charging officer or a witness in approximately 20 cases pending in your office. A fair-minded Defendant (or family member) in those cases could question whether you and/or your prosecutors are biased in favor of protecting the officer from prosecution because the officer’s testimony may be important in his or her case. On the flip side, you acknowledge personal relationships with some of the protestors who are calling for the officer who shot Mr. Bradford to be criminally prosecuted, which could lead a fair-minded person to question your bias in favor of indictment. I have weighed these factors and others mentioned during our conversations and agree that, when taken as a whole, these factors warrant recusal under Rule 1-3.3(d).”

National Prosecution Standards rule 1-3.3(d) dictates that:

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The prosecutor should excuse himself or herself from any investigation, prosecution, or other matter where personal interests of the prosecutor would cause a fair-minded, objective observer to conclude that the prosecutor’s neutrality, judgment, or ability to administer the law in an objective manner may be compromised.
Attorney General Marshall also notified Carr that his office would also prosecute the shootings of Brian Wilson and Molly Davis.

“Your letter requests guidance on the ‘officer-involved’ shooting of E.J. Bradford; it does not mention the shootings of Brian Wilson and Molly Davis,” Marshall concluded. “However, it is my understanding that all three shootings were part of a single chain of events. Thus, the investigation of Mr. Bradford’s shooting is inextricably intertwined with the investigation into the shootings of Mr. Wilson and Ms. Davis and must be conducted by the same entity. Accordingly, to guard against inconsistent prosecutorial decisions, you must also excuse yourself from those investigations.”

According to police accounts, a 21-year-old Hueytown man, Emantic “E.J.” Bradford Jr., and his friend Brian Wilson, age 18, were at the Hoover Riverchase Mall on Thanksgiving night. A scuffle broke out with some other individuals over some sale priced shoes. A gun was drawn and a shooter shot Brian Wilson. A bullet also struck 12-year-old Molly Davis, who was there shopping with her grandmother, in the back. At some point in all of this, Bradford also pulled a weapon. An off-duty uniformed Hoover Police Officer who was working security for the Galleria rushed to the scene. He saw Bradford with a gun and shot him. Bradford died from his wounds. Twenty-year-old Erron Marquez Dequann Brown has since been arrested for shooting Wilson.

Attorney, Ben Crump has been retained by the Bradford family. Crump says that an independent review of the autopsy results indicate that the officer shot Bradford in the back three times. According to Crump, there are witnesses that claim that the officer never identified himself before opening fire on Bradford.

Hoover police wrongly identified Bradford as the mall shooter in the hours after the incident. Investigators realized that was not the case after it was determined that the bullets that were cut out of Wilson could not have come from Bradford’s gun. The Hoover police officers has not yet been formally identified by authorities.

A number of protestors are blaming Hoover for all of this and has been attempting to interfere with businesses and shoppers in the weeks since the shooting. The Alabama Law Enforcement Agency is investigating the case.

Steve Marshall is a former district attorney in Marshall County. He was recently elected to his own term as attorney general.

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Featured Columnists

Opinion | Trump’s con game is almost over

Josh Moon

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It’s all true.

All of the rumors. All of the speculation. All of the oh-my-God-have-you-heard-about whispers.

All of it is true.

All of the things that Donald Trump and his administration and family have been accused of doing … they actually did them. All of them.

Even the really dumb ones.

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Even the really awful ones.

They did it all.

Oh, listen, I know that the typical Alabama conservative voter has zero idea what I’m talking about right now, because they have so fully wrapped themselves in the protective bubble of conservative opinion sources that they’re still talking about the Clinton Foundation. But I don’t care.

Because this isn’t speculation. Or partisan hopefulness. Or ignorant accusations.

This is under oath.

And right now, after the last two weeks, here’s what people under oath, facing the penalty of perjury and providing supporting evidence and documentation, have said about the conman you people elected president: He has lied repeatedly. He has directed illegal payments. He has sought to cover up affairs. He has bought off a tabloid. At least 14 members of senior campaign staff were in contact with Russians. And Trump — or “Individual 1,” as he’s known in court filings these days — was involved in it all.

Trump’s personal attorney has now been convicted and sentenced to three years in prison for a crime personally directed by the president.

That makes five — FIVE! — of Trump’s top aides or attorneys who have struck deals with Robert Mueller and are now working with the broad investigation into possible (certain) Russian interference and collusion.

And it doesn’t stop there.

Trump’s personal businesses are also under federal investigation. His campaign staff’s use of funds is now under federal investigation. And most of his immediate family is under investigation.

And absolutely none of this should be a surprise to anyone.

Because all of you should have known well before this clown was elected president that he is nothing more than a two-bit conman with an ego large enough to fill a stadium and less shame than a 90-year-old stripper.

You should know because we told you. We, the media. The actual media.

We wrote story after story on this crook and his shady business dealings — how he rarely paid his bills, how he left working men holding the bill, how he created a scam college to bilk poor people out of money, how he skirted laws and tax codes constantly and how he gamed the system over and over again to stay wealthy using taxpayer money.

All of it was right there for anyone to read.

But a good portion of this country didn’t care. They were too caught up in this buffoon making jokes and calling people names and kicking people out of rallies and saying offensive things. He catered to white men and claimed he could fix any problem just by saying he could fix any problem.

And they bought it. Just like the conman planned. You didn’t even make this dude show you his tax returns!

And the white, working-class folks are still buying it. Which would make sense if he had done even one thing to help them.

But he hasn’t.

His economic policies have been a disaster, especially for the people of Alabama. And his tough talk has produced zilch in the way of foreign respect, better trade deals, lower prices for consumers or more American jobs. In fact, we’ve lost respect, have worse deals and higher prices and companies are still moving American jobs to other countries.

And yet, the supporters remain.

I don’t understand it. But you know what? I don’t have to understand it for much longer.

The walls are quickly closing around the conman president. Soon, the rest of Mueller’s investigation will drop, and the indictments will roll out. The full breadth of the Trump administration’s illegal acts will be laid out for Congress to see. Given what we already know from the few filings that have been made public, this will not go well for Trump and his closest associates.

I do not expect the Trump supporters to ever admit they were wrong.

But if there is justice in this world, and if the indictments break just right, those supporters will have to deal — at least for a brief period — with the two words that could make this whole thing almost worth it.

President Pelosi.

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Aerospace and Defense

Jones appointed to powerful Senate Armed Services Committee

Chip Brownlee

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After a brief stint with no representation on the powerful Senate Armed Services Committee, Alabama is back in the mix.

U.S. Sen. Doug Jones has been appointed to the influential committee tasked with overseeing the nation’s armed forces, national security and military research and development. Jones will assume his position on the committee when the 116th Congress convenes in January.

Alabama is home to five military bases, which employ 8,500 active-duty service members and more than 23,000 civilians. With Jones’ appointment, Alabama will regain some representation for the aerospace industry in Huntsville and the shipbuilding industry in Mobile, both of which have deep ties to the military.

In 2017, the Department of Defense spent $7.7 billion on contracts in Alabama. Alabama hasn’t had any representation on the committee since Republican Sen. Jeff Sessions left the Senate to become attorney general and his temporary replacement, Luther Strange, lost the Republican primary to Roy Moore.

More than 375,000 veterans, including 65,000 retirees, live in Alabama.

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“Alabama and its citizens have long played a significant role in our national defense, from building or maintaining ships and other vehicles to leading cutting-edge research and development to volunteering to serve in our armed forces,” Jones said. “It is vital that we have a voice on the Senate Armed Services Committee, a role that I am honored to be able to fill in the next Congress.”

Jones said he is committed to serving as Alabama’s advocate for a strong national defense, which also means a strong and prosperous economy in our state.

“I look forward to working with Chairman Inhofe and Ranking Member Reed to advocate for our service members and their families, and for a robust national defense posture that protects our interests at home and abroad,” Jones said.

Democrats had to fill three seats on the committee after losing three of the senior Democrats who were serving there. Sen. Bill Nelson, D-Florida; Sen. Claire McCaskill, D-Missouri; and Sen. Joe Donnelly, D-Indiana, all lost their re-election to the Senate, leaving a gaping hole for the Democrats. Sen. Jack Reed, D-Rhode Island, is the highest-ranking Democrat on the committee.

“Senator Jones is a tremendous advocate for Alabama and a true champion for our service members and their families,” Reed said. “I am pleased to welcome him to the committee and know he’ll continue working on a bipartisan basis to help keep America strong militarily and economically.”

Jones will remain on the Health, Education, Labor and Pensions Committee, where his office says he will continue to advocate for improved access to health care and quality educational opportunities for Alabamians.

Jones will also continue to serve on the Senate Committee on Banking, Housing, and Urban Affairs and the Senate Special Committee on Aging. He will no longer serve on the Senate Committee on Homeland Security and Governmental Affairs.

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Crime

Farm Bill legalizes hemp-derived Cannabidiol

Brandon Moseley

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Alabama Attorney General Steve Marshall joined with the leadership of the Alabama Law Enforcement Agency, the Office of Prosecution Services and the Alabama Department of Forensic Sciences to draft and distribute public guidance on the current state of Alabama law on the possession, use, sale or distribution of Cannabidiol, or CBD.

On Wednesday, the U.S. House of Representatives gave final passage to the Agricultural Improvement Act of 2018 (Farm Bill), HR2, which is expected to be signed into law by President Donald J. Trump (R).

This bill contains a provision legalizing industrial hemp, beyond the existing pilot programs passed by Congress in 2014. As a result of this Congressional action, CBD derived from industrial hemp, with a THC concentration of not more than .3 percent, can be legally produced, sold, and possessed in the State of Alabama. However, as stated in the bill, the new federal law will not prevent states from adopting laws to restrict or regulate the production of industrial hemp.

Furthermore, prescription drugs and other consumables containing CBD will continue to be regulated by the U.S. Food and Drug Administration. The guidance below still applies to CBD derived from marijuana or CBD derived from hemp with above a .3 percent (three one-thousandths) THC concentration.

Marijuana possession remains illegal in Alabama and is punishable by a Class A misdemeanor when possessed for personal use or by a Class C felony when possessed for reasons other than personal use. The Alabama Criminal Code makes it illegal to sell, furnish, give away, deliver, or distribute a controlled substance, including marijuana. The Alabama Criminal Code makes it illegal to “traffic”—sell, manufacture, deliver, or bring into the state—any part of a cannabis (marijuana) plant in an amount greater than 2.2 pounds. This crime carries mandatory prison time that increases with the weight of the marijuana in question.

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On October 28, 2018, the Alabama Department of Public Health adopted a rule allowing for the medical use of FDA-approved drugs that contain CBD (i.e., Epidiolex). In other words, Epidiolex is now legal for a doctor to prescribe for the treatment of two forms of epilepsy—Lennox-Gastaut syndrome and Dravet syndrome. While Carly’s Law and Leni’s Law provide only an affirmative defense to the otherwise illegal possession of CBD, Epidiolex will be regulated in the same way as any other prescription drug.

The Farm Bill will legalize hemp nationwide. The 10,000-year-old plant is one of the fastest growing plants and has a variety of commercial items including paper, textiles, clothing, paint, insulation, biofuel, food, skincare etc.

Dr. Bomi Joseph, Founder of Peak Health Center, ImmunAG, LLC and creator of Phyto Farmacy discussed the importance of this bill as it will define hemp as a regular agricultural crop, clarifying the legal status of extracts and allowing hemp.

Dr. Bomi said that there is a stigma surrounding hemp-derived cannabidiol (CBD), as many people that could benefit from CBD won’t touch it due to its association with the infamous marijuana leaf. Because of this, Dr. Joseph believes cannabidiol should be called phytobidiol as it is a plant source that can be extracted completely separate from the cannabis plant itself.

Dr. Joseph is the creator of ImmunAG, a high potency CBD derived from the humulus kriya plant created due to the current regulations around hemp and cannabis derived CBD. The passage of the farm bill will remove hemp, and any legal ambiguity surrounding hemp derived CBD from the Controlled Substances Act.

All of the Alabama Congressional Delegation voted in favor of the Farm Bill.

The Attorney General updated his memorandum on marijuana and CBD. The updated memo can be read from the Attorney General’s website.

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Code of Honor: What Does it Mean?

by Bill Britt Read Time: 5 min
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