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Bill Britt

Alabamians have the right to elect their Senators, not Bentley, Washington insiders

Bill Britt

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By Bill Britt
Alabama Political Reporter

Within 72 hours of taking the oath of office, Governor Kay Ivey met with the press fielding questions and expressing her determination to restore Alabama’s reputation and bring back a rule of law based government. It was obvious to those of us who’ve watched her over the years that she was confident, well prepared, ready and able to “right the ship of State” as she has promised to do.

Gov. Ivey displayed an “Alabama First” attitude that has been missing from the Governor’s office for far too long.

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However, less than 36 hours after taking office, Gov. Ivey received a call from US Senate Majority Leader Kentucky Republican Mitch McConnell, according to multiple sources in Montgomery and Washington, DC. McConnell is believed to have asked the Governor to not reschedule the date for the US Senate Special Election to fill the seat left vacant by former Senator Jeff Sessions (when he assumed the role of US Attorney General).

This is not the only time McConnell has shown preference for who represents our State in the Senate. After it became apparent that Sessions would be Attorney General for the Trump administration, McConnell met with then Governor Robert Bentley to press him to appoint a moderate Republican to the seat, preferably a woman, according to DC and Montgomery insiders. The implication coming from Washington was Rep. Martha Roby was the first choice to replace Sessions. However, Bentley allies say the Governor’s alleged lover, Rebekah Caldwell Mason, nixed appointing Roby straightaway. McConnell also urged Bentley not to appoint a “Freedom Caucus” type lawmaker. Bentley delivered for McConnell and now the Senate Majority Leader wants Gov. Ivey to show him the same deference.

In February, Bentley appointed Alabama Attorney General Luther Strange, a moderate Republican, to Sessions’ post. He then set the Special Election some two years later to coincide with the 2018 General Election. This action betrays the will and intent of the Alabama 1901 Constitution which declares that the election is to be held, “Forthwith,” which the State’s Secretary of State said means immediately or as soon as possible. Now comes the most powerful Senator in Washington, DC, and other powerbroker asking our new Governor not to adhere to the clear meaning of our State’s Constitution.

The matter of the Special Election, allowing the people of our State to determine who will represent them in the US Senate is of such grave concern, that it was the first question asked of Gov. Ivey during her meeting with the press.

On last Thursday, Gov. Ivey told gathered reporters, “There has no doubt been a dark cloud hanging over our great State,” Ivey said. “People all over the world, much less the nation, have all their eyes on Alabama, and it’s not for the right reasons. That’s very troubling. People have lost trust in their government leaders.” On Bentley’s appointment of his nemesis, Strange and the date set some two years out, the Governor said she had “concerns about the whole situation.”

Ala. Code 36-9-8 reads in part, “Whenever a vacancy occurs in the office of Senator of and from the State of Alabama in the Senate of the United States more than four months before a general election, the Governor of Alabama shall forthwith order an election to be held by the qualified electors of the state to elect a Senator of and from the State of Alabama to the United States Senate for the unexpired term.”

We have adopted a saying here at The Alabama Political Reporter: “Not only must it be right, it must look right.”

Why?

Actions taken by officeholders within a constitutional government should be above suspicion. The elevation of Strange to the US Senate, along with giving him two years to gain incumbent status not only looks wrong, it is wrong, according to State Law.

While we have no doubt that Gov. Ivey will do what’s right, there are powers afoot with impure intentions.

There is a very brief window for the Special Election to be rescheduled. The dates have been outlined by Secretary of State John Merrill and can be seen here at APR.

Gov. Ivey acknowledged this limited period of time and the cost of holding a Special Election at Thursday’s presser saying, “There’s a limited time available to make a reasonable decision on that,” she said. “If we move the date, it will cost about $15 million that will come straight out of the General Fund Budget. So, while I have some concerns about the whole situation, I have to also be very mindful of the impact it will have.”

Gov. Ivey’s concerns are valid, but there is also a lawsuit pending over the matter of Bentley’s interpretation of State Law, and the Ivey administration will have to defend Bentley’s actions. Gov. Ivey, as a former educator, certainly knows what the word “forthwith” means and modifies in the context of the simple language of the State Constitution.

Unfortunately, Bentley’s lawyers don’t see it that way and argue that “forthwith,” in the statute, modifies the word “order” not the word “held.” Thus, they do not consider that the plain language of the statute that requires the Governor to issue his or her order “forthwith,” rather than hold the election “forthwith.”

Gov. Ivey will be tested many times over the next two years, this is one of those times.

 

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Bill Britt

Ethics Review Committee is a long con

Bill Britt

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After last week’s initial meeting of the Ethics Review Committee, it’s now apparent that the body, as far as its leaders are concerned, is not assembled to strengthen and clarify the state’s ethics laws but weaken it through a wholesale rewrite. In other words, the Ethics Review Committee is a prop in a confidence scheme.

It seems the real purpose of the committee is to provide cover for lawmakers when, during the 2019 Legislative Session, the current “toughest in the nation’s” ethics laws are gutted like a prize pig.

Doing away with the present statutes should come as no surprise since Republican lawmakers and some businessmen have worked to overturn the ethics laws since Republican Speaker of the House Mike Hubbard was convicted of 12 felony violations of the existing laws.

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As in high stakes, poker lawmakers have “tells” which, when read, reveal their true intentions.

The resolution that created the Ethics Review Committee reads in part, “[T]he multiple piecemeal amendments over the last 40-plus years and the evolving interpretation of the Code of Ethics have created an environment where reasonable individuals can sometimes disagree on what is permitted and what is not with the result that qualified individuals are discouraged from seeking public office.”

Citing a law as old implies it antiquated and in need of replacement to fit the times. Piecemeal here is used as a pejorative to indicate the law is flawed because of so many additions. It also states that reasonable individuals disagree on what is permitted and what is not. Finding a reasonable person is a stretch, but what this means is when someone wants a way around the laws or breaks the law, they hire an attorney to argue about what the law means. Lastly, the authors of the resolution establishing the committee want the public to believe the laws discourage qualified individuals from seeking public office.

These are all talking points that only mean they are going to scrap existing laws.

It’s almost like the committee itself is an unwitting partner in a confidence trick. This move against the state’s ethics act feels like a “long con” in which, “a scam unfolds over a period of time and involves a team of swindlers, as well as props, sets, extras, costumes, and scripted lines,” according to Amy Reading’s The Mark.

The set-up began in earnest during the 2018 Legislative Session when Republican House and Senate leaders promised the public that the committee would use SB343 as the starting point for the review committee’s suggested changes.

But using SB343 as the underlying law on which to build is now being trashed.

At the end of the first meeting, Jefferson County Presiding Circuit Court Judge Joseph Boohaker asked, “Are we going to work in the existing Ethics law? Are we working on SB343? Or are we just starting from scratch?”

Ethics Commission Executive Director Tom Albritton, who co-chairs the committee, answered, “I think all three are possibilities. That’s what this committee should decide. If there are things you like about the existing law, then you can propose we keep those. If you like the Attorney General’s bill, then you can suggest those. If you want to start from scratch, then I would encourage you to present something to the committee that you do like.”

Senate President Pro Tem Del Marsh introduced SB343 during the 2018 Legislative Session. The bill was painstakingly constructed primarily by the Attorney General’s Special Prosecution Division led by Matt Hart, a team assembled under former Attorney General Luther Strange that worked since August 2016, to deliver a comprehensive re-write of the Alabama Ethics Act. During the process, Hart’s team met with all the significant stakeholders which amounted to more than two dozen different groups consisting of attorneys, lobbyists, associations, prosecutors and university officials, as well as direct discussions with the Legislature, including Othni Lathram, the director of the Legislative Services Agency.

According to sources within many of those discussions, there was universal agreement that SB343 satisfied the concerns of the various interests.

The committee may be comprised of exceptional individuals, but the fix is in, and the grifter’s prize is a return to a lawless Legislature led by those who serve themselves, not the people.

The game is on, and mischief is afoot. It’s a con.

 

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Bill Britt

Opinion | Cobb’s pledge sets a trap for rivals; Very Trumpian

Bill Britt

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Democrat gubernatorial candidate Sue Bell Cobb, last week, put forward a campaign pledge as cover for her failure to vet a field director who is a registered sex offender.

Rather than admitting her mistake and firing the sex offender and the staff member who hired him, she tried to change the subject by blaming the media, pointing her finger at Republicans and asking her opponents to sign a pledge to play nice.

The pledge itself is little more than a cleverly disguised Faustian bargain, in which she attempts to trick her rivals into agreeing to a promise that serves her end but not theirs.

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Second from the bottom, the pledge reads: “REFUSE FUNDING any group requiring financial support in exchange for an ‘endorsement.'”

This coming Saturday, the Alabama Democratic Conference (ADC) will meet to choose which candidates it will support in the June 5 Democrat primary. With the ADC’s endorsement comes an explicit understanding of financial support. It appears Cobb is conceding she will not receive ADC’s endorsement and doesn’t want one of her opponents to benefit from the group’s support.

Cobb learned something from her 30 years on the bench, which seems to be how to hide a trap inside a seemingly innocuous document.

Every Democratic candidate wants ADC’s endorsement, and everyone needs it.

Four of the five candidates running for governor under the Democrat banner signed the pledge. Tuscaloosa Mayor Walt Maddox called it a “stunt,” and didn’t sign.

Now if one of the other four office seekers should win ADC’s endorsement, they would have to refuse it to comply with Cobb’s pledge.

Of course, Cobb’s presser last week was an unmitigated disaster. From its premise to its ending, Cobb showed her inability to understand the fundamentals of decency, much less the vital role of the press. Has Cobb basked so long in the warmth of an adoring liberal press that she couldn’t realize that not everyone swoons when she takes the stage? Or has she fooled herself for so long that facts no longer matter?

Since resigning her position as Alabama’s chief justice, Cobb has given at least six different reasons why she stepped down, so either she doesn’t know why she surrendered her office to Judge Roy Moore or has yet to decide which version of the facts plays best with her audience.

As if to take a page from President Donald Trump’s playbook, Cobb, last week, strolled in front of the cameras, denounced the dishonest press, defended paying a sex offender $40,000 —over the course of two months—and then duped her opponents into signing away their legal rights and the ability to receive a coveted endorsement.

Cobb’s pledge also states, “MAKE PUBLIC all expenditures placed on behalf of my campaign whether paid directly or through consultants.”

Alabama’s FCPA law doesn’t require candidates to disclose such expenditures. Here, Cobb once again is not looking to make the race fairer but to take away a lawful advantage she believes her rivals are using.

Furthermore, Cobb made a fool of herself at her most recent presser by saying the arrest of her campaign field director, sex offender Paul Littlejohn III, was politically motivated.

Jefferson County Chief Deputy Randy Christian called her out  saying, “How sad that a candidate for governor supports a convicted sex offender over sexual assault victims.”

Chief Deputy Christian points out what is perhaps the worst part of this whole sorry affair – Cobb, rather than remembering the victim, put the entire focus on herself.

Cobb’s pledge was meant to deflect and distract from her failure to identify and fire a sex offender. Instead, she deceived her opponents by persuading them to sign a phony pledge.

Very Trumpian.

Full pledge:

The Republican leaders of all three branches of our government have faced scandals and been removed from office. We must do better. Legitimate journalism is under attack while paid, partisan websites flourish unchecked. We must demand better. As a candidate for the highest elected office in Alabama, I will hold myself to the highest standards of ethics, pledging to:

ABIDE BY all campaign laws and procedures;

REFUSE TO defame the character of my opponent, his religious beliefs, his family or his lifestyle, or to condone the actions of those who do;

CONDEMN the use of campaign materials of any sort that falsify the facts regarding my opponent, his professional accomplishments, or his personal background;

CONDEMN any appeal to prejudice or bigotry;

DISAVOW PUBLICLY any material or advertisements that are not factually accurate or that fail to disclose the identity behind such campaign activities or the source of funding;

MAKE PUBLIC all expenditures placed on behalf of my campaign whether paid directly or through consultants;

REFUSE FUNDING any group requiring financial support in exchange for an “endorsement.”

SHARE copies of this pledge to my campaign workers, volunteers, and key supporters.

This 10th day of May, 2018.

 

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Bill Britt

BCA, ALFA and PCI support candidates with a history of misogyny

Bill Britt

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BCA's Billy Canary, left; ALFA's Jimmy Parnell, top-right; and PCI's Robbie McGee, bottom right, are backing two candidates for elected offices with a history of physical abuses or covering for sexual assault.

In the era of the #MeToo movement, it should be shocking that the Business Council of Alabama, the Alabama Farmers Federation and the Poarch Band of Creek Indians are supporting men for statewide office who have either protected sexual predators or are themselves accused spouse abusers.

The popular novel, “The Girl with the Dragon Tattoo,” was originally titled “Men Who Hate Women.” Written by Swedish author Stieg Larsson, it chronicles how powerful men use the levers of government, establishment-institutions and cronyism to rob women of their humanity in the most degrading acts of defilement imaginable.

It would seem here in Alabama that some at BCA, ALFA and PCI are taking a page out of  Larsson’s book by offering misogynistic candidates covered under a veneer of their company’s respected logos.

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Court records show BCA’s Billy Canary, ALFA’s Jimmy Parnell and PCI’s Robbie McGee are backing two candidates for elected offices with a history of physical abuses or covering for sexual assault.

Hand-picked by ALFA’s President Parnell, with financial support from Canary and McGee, Agriculture and Industry candidate Rick Pate, according to court records, abused his wife so severely that the court ordered that he not enter the marital home because his wife feared for her life.

“The Wife avers that the Husband has committed actual violence to her person and from his manner and conduct toward her, she is reasonably convinced that he will commit further violence upon her person, intended with danger to her life and health,” the record said.

In a handwritten note provided to the Alabama Political Reporter, the former Mrs. Pate recanted her sworn testimony saying she and her first husband now have an excellent relationship.

However, at the time of their divorce, the court granted her request of, “a restraining order strictly enjoining and restraining,” her Husband from “entering the resident premises…assaulting, threatening, or intimidating,” her.

BCA-backed candidate Attorney General Steve Marshall used the power of his office to protect a man who, according to court records, sexually assaulted a co-worker in an act that a U.S. district judge described as “horrific.”

After woman’s “horrific” sexual assault, what did Steve Marshall do?

Instead of firing the accused sexual assailant, Marshall sought to isolate and punish the victim before defending the perpetrator in court.

In the victim’s own words, she recounted the attack in court saying, “He had me pinned with my back against the wall … I kept saying stop, stop, get off me, stop. Stop it. He was trying to put his mouth on me. I could still feel his hot breath on my neck. I felt like I absolutely was going to die. I couldn’t move him because he was so heavy. He kept pushing his hands — he had one hand on my breast underneath the top part of my bra. I could feel his fingers on my nipples. The other hand, again, I could feel he was at the top of my pubic area. And I knew I had to stop him.”

Marshall did nothing to protect his female employee. In fact, he moved her to a basement office where she feared another attack.

Pate wants to represent the state’s largest industry here at home and abroad. Marshall is to be the state’s top lawyer defending the state and prosecuting its worst criminals, yet when women were involved, neither Pate or Marshall could be counted on to protect them, according to court documents.

That ALFA, BCA, and PCI would support such candidates with personal endorsements, and large sums of money are not lost on some members of the Republican Party. In a letter given to APR by a member of the Alabama Federation of Republican Women, it pleas with other women to, “Let’s prevent another black eye on our state and our party.” It further states,”In order for us to prove that we do care about our members and share their conservative family values; we must reconsider our support of Rick Pate or be forced to defend our support of him. If not, our lack of action once we became aware of his history of violence towards women will be our downfall.”

Did Canary, Parnell and McGee not vet Marshall or Pate? Did they simply not care that both men have a history of neglecting or abusing women?

What does it say about the female members of BCA, ALFA and PCI when their organization supports men who protect molesters and abusers?

The #MeToo movement is sweeping our nation, but in Alabama, Canary, Parnell and McGee using the force of BCA, ALFA and PCI are sweeping  misogyny under the rug.

 

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Alabamians have the right to elect their Senators, not Bentley, Washington insiders

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