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Poor ol’ Mike Hubbard

Josh Moon

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By Josh Moon
Alabama Political Reporter

Poor Mike Hubbard.

         That unlucky fella just couldn’t catch a break, had the whole world turn on him by mistake. There he was, just trying to make a living and be a good public servant, when, BAM!, out of nowhere came this overzealous prosecutor totally misreading the law and trying to make Hubbard out to be some kind of criminal.

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         It’s outrageous, egregious, audacious what the attorney general’s office has done to poor ol’ Hubbard – a man who only wanted to earn a private living while doing public work. Have mercy, Alabama Appellate Court, have mercy.

You’re welcome. I have just saved you 118 pages of reading.

That’s how many pages it took Hubbard’s defense team to officially appeal the former House speaker’s 12-felony conviction.

And almost none of it was new material.

Instead, it relied on the same old, tired arguments that we’ve all heard a thousand times now: Poor Mike Hubbard was just trying to earn a living when he mistakenly and innocently violated complicated new Ethics Laws that he wrote, and if anything, he’s guilty only of being too good at private business.

In the brief filed on Wednesday, it actually says – and I’m not making this up – that “it is important to the State of Alabama that public officials are free to pursue private business interests; if it were otherwise, then the most capable citizens would be deterred from public service.”

First: LOL!

A quick look around the State blows this argument up. We’re broke, dying and desperate. If we allowed public offices to be held only by the homeless, at least we’d know someone deserving was being helped.

But secondly, and more important: This argument – that it’s impossible to run a successful private business and be a good public servant because of these overly-broad, loosely-defined Ethics Laws – is absurd.

Except for Hubbard (and a few of his closest pals), the entire Legislature has managed to pull it off.

Because it’s actually quite easy.

Here’s the simple formula:

Step 1: Ask yourself if you’re using the power and influence of your public position in order to obtain something for yourself.

Step 2: If yes, don’t do that.

Tah-dah. You just avoided a felony.

I don’t know why more Legislators haven’t spoken out against this line of defense from Hubbard. Because every single day, most of those guys – even some I disagree with vehemently – manage to fulfill the duties of their office without ever approaching the ethical line in question. Yet, Hubbard’s defense, and his public statements backing that defense, make it seem as if every Alabama legislator could be robbing us blind.

I give Alabama lawmakers more hell than anyone, but that characterization of them – that they’re all, or even a majority of them, are experiencing Hubbard-like problems – is far from true.

Most follow the same plan: Go to Montgomery, pass Legislation that they believe helps the masses, go home.

They pass bills to do things that some of us disagree with, like protect Confederate monuments or place unconstitutional restrictions on abortions or make it legal for adoption agencies to discriminate against same-sex couples. But they don’t insert language into a bill that aids only their client or steer business to their own companies.

While there are plenty of ethical issues – with lawmakers voting on Legislation that indirectly aids their businesses or pushing against bills that would hurt their bank accounts – they mostly steer well clear of the legal and ethical lines.

Mike Hubbard couldn’t do that. Because he was consumed by greed.

Read the emails he wrote former Gov. Bob Riley. Marvel at his inability to live on $400,000 per year in a State with the cheapest cost of living this side of a third-world country.

But also recognize in those emails that this was a man who had a deep and intimate understanding of those Ethics Laws. He discussed numerous times how to skirt them, how to dance around the lines he helped draw.

And then, he quite clearly went out and broke them.

This State has been plagued since its founding by greedy, sketchy characters that sold out the majority in order to help themselves and people like them.

It’s how we ended up with slavery as the driving force of the State’s economy. It’s how we ended up selling out our workers. It’s how we ended up with a screwed-up tax structure that punishes the poor.

There have been many Mike Hubbards in Alabama’s history.

This one is just the first to be appropriately punished for his sins.

 

Josh Moon is an investigative reporter and featured columnist at the Alabama Political Reporter with years of political reporting experience in Alabama. You can email him at [email protected] or follow him on Twitter.

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Opinion | We could do worse than John Merrill

Josh Moon

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I’m going to do something that my progressive friends will mostly not like.

I’m going to say nice things about Alabama Secretary of State John Merrill.

I know. I know.

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But hear me out.

Because part of the reason that I’m doing this is I believe politics at every level has devolved into such a scorched-earth, I-hate-everyone-on-the-other-side sort of spectacle that we’re no longer willing to say any person from the other team is doing anything good. Even when they are.

And Merrill is.

Yes, I know he’s blocked several dozen people on Twitter, and I find that silly and pointless and illegal.

And yes, I know he has been snarky and sarcastic to some of you. And to me.

But even so, we’re lucky we have Merrill.

Because it could be so much worse.

If you doubt this, I would like to point you to news stories from other states with Republican-dominated legislatures. Like Ohio, where they’re booting active voters off rolls for missing a single election. Or North Carolina, which implemented the most unreasonable voter ID law in the nation to prevent minorities from going to the polls.

Alabama has one of those voter ID laws, too. And it has the right now to kick voters off the rolls for missing an election.

But what you don’t have in Alabama is anywhere near the level of disenfranchisement of voters. Even a federal judge agreed, when upholding Alabama’s ID law.

That’s mostly due to Merrill’s work.

When Alabama’s legislature passed its voter ID law a few years ago, it placed very few requirements on Merrill’s office for how to go about making those IDs available. It was a stupid, pointless law that in no way deterred voter fraud, but it was a law that Merrill’s office had to deal with.

Instead of taking the usual Alabama path and doing the absolute bare minimum required in the job, Merrill went the other way. In the years since that law was passed, his office has put a mobile ID unit on the street, they’ve coordinated with various groups to set up registration drives in underserved areas, they’ve actually visited the homes of people to issue voter IDs and they’ve implemented electronic registration.

That last one has been the biggie, with more than 60 percent of voters registered during Merrill’s tenure coming since the electronic registration went live a little more than a year ago. That electronic rollout also included an app — an app built by the staff of the Secretary of State’s office.

They’ve tried to work with the county Boards of Registrars to get registration info into the communities and schools. They’ve pushed registration through an ad campaign. And they’ve been willing to travel to pretty much any festival, ball game, bake sale or other community function to set up a registration drive.  

And let me repeat: None of this was required of the Secretary of State’s office.

At the same time, Merrill took a different approach from Ohio to cleaning up the voting rolls (removing deceased voters, people who moved, etc.). Instead of labeling voters who fail to return a verification card as “inactive,” the SoS office implemented a two-step process that began when only if the Post Office returned a notice for a voter.

And even if the two notices were somehow missed, if a voter shows up to the polls and finds themselves on the inactive list, the fix is simply updating the SoS address card at the polling place and then voting a regular ballot (not a provisional one).  

Again, this wasn’t required. And a much more mean-spirited, onerous process is now perfectly legal, according to our Supreme Court.

The decision to make Alabama’s process reasonable and fair was Merrill’s.

And look, it’s perfectly reasonable to say that Merrill and his staff shouldn’t get huge praise for doing the job they should be doing. After all, voter registration is the top priority in that gig, and there’s not a close second. So maybe we shouldn’t be handing out cookies for stuff the Secretary of State is supposed to do.

But that line of thinking ignores the reality of Alabama politics and the reality of the politically polarized country in which we live.

Because you just know that nine out of 10 Republican politicians wouldn’t have done half the things Merrill has. They would’ve offered a Jeff Sessions, little-kid-burning-ants, evil grin and hid behind the law and the lack of funds and the indifference.

That’s the norm.

So, yeah, Merrill loves the spotlight and camera lights. He has weird, right-wing beliefs that I wholly disagree with. And he has not always done enough to protect voter rights.

But man, things could be so much worse without him.

 

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Opinion | State schools chief backtracks, Montgomery schools mess grows

Josh Moon

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Never mind.

That’s essentially what state schools superintendent Eric Mackey told parents, business leaders, school system employees and everyone else on Tuesday, telling the Montgomery Advertiser that he — the top executive in all of Alabama public education — might have been mistaken when he talked about the effects of Montgomery’s public schools potentially losing accreditation.

Oops.

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A little more than a week ago, a few days before school board elections in the county, Mackey stood before the Montgomery Chamber of Commerce and Montgomery County Commission and told a dire tale of hardship that was certain to set upon the poor children of Montgomery if board changes were not made.

No out-of-state colleges.

No private colleges.

No federal aid.

The effects would be devastating, driving people from the capital city at a pace faster than they’re currently leaving.

Small problem: None of that was true.

I called Mackey on it. I asked his office to provide evidence that it was true, because the Federal Student Aid office told me it wasn’t and two college presidents said it wasn’t.

But that was prior to the elections still, so the best I could get from Mackey was a garbled statement explaining that a loss of accreditation was very bad, which, of course, no one was arguing. But it’s one thing to say it’s bad and quite another to have the state schools superintendent stand before you and say your kids won’t be able to attend college unless you make changes to the school board.

That last part is what Mackey did. He was flat wrong.

And now he’s saying so. But he’s blaming it on an unnamed source. Because apparently Alabama’s superintendent of schools needs to be told by someone else what accreditation loss means.

Mackey wouldn’t tell the Advertiser who the source was, but he insisted that the source was “reputable.”

You’ll have to decide whether, at this point, Mackey is reputable enough to be believed.

Because that’s not all Mackey was apparently wrong about. During that speech to the County Commission, Mackey was discussing an accreditation report on MPS from the district’s accreditation agency, AdvancED. The report was, to put it lightly, not good.

But to hear Mackey and Montgomery Mayor Todd Strange talk, unless those board changes were made — changes that were being pushed by a political action committee tied to the mayor and his consultants — well there was just no way to avoid a loss of accreditation.

Fast forward to the same Advertiser interview: Mackey now says not to sweat that loss of accreditation, because MPS was forced into selling off Georgia Washington Middle School and because it’s operating a summer reading program that was already scheduled when the accreditation review took place.

Read that again. Let it sink in.

MPS losing accreditation, according to Mackey and other city leaders, rested on the sale of a middle school building and a summer reading program. Oh, and don’t let me forget those terrible board arguments — the ones that never rose to the level of formal complaints, rules violations or violations of state open meetings laws.

If all of that is true, AdvancED accreditation is worthless.

But slightly less worthless than the opinion of anyone from the state department of education on the operation of a local school district. Because if the state’s operation of Montgomery’s school district is any indication, they have no idea what they’re doing.

MPS was better run by MPS.

In the year and a half or so that ALSDE has been in charge of MPS, they have overspent on administrators, overspent on an odd cleaning contract instead of allowing already-employed custodians to do it, gave out raises to failing school principals, then had to give out raises to all principals, forgot to get their expensive administrators certified (some still aren’t), hired a guy who was barred from all of New York City’s schools and had to quietly run off most of the administrative hires it made.

But here are the two kickers: 1. After all of the money that has been spent, there hasn’t been a single additional teacher, aide, coach or book purchased to help improve the learning environment of a child in MPS, and 2. After all the complaints of mismanagement, not a single principal was removed.

Now, look here, MPS has serious, serious problems, and there isn’t a soul alive who would deny that. But what’s taking place in Montgomery right now isn’t an effort to better anything for those poor kids. It’s an effort to protect the pocketbooks of a few wealthy businessmen.

It’s an effort to simply change the image of MPS, instead of its culture and basic operation. It’s yet another attempt to educate the advantaged at the expense of the disadvantaged.

It’s wrong. As wrong as the state superintendent.

 

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Opinion | We’re perfecting the “art” of being mean

Joey Kennedy

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My mother, Patricia Ann Harper Kennedy, has been dead more than 21 years now. She died young, in 1997. She had cancer. She did not have health insurance.

Mom couldn’t get health insurance because she had a “pre-existing,” non-malignant tumor a decade before her fatal cancer. She wanted insurance. She could have paid for insurance. But she couldn’t get it. The insurance industry wouldn’t let her have it.

Despite the promises of the Affordable Care Act, we’re moving right back to that horror again today.

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Under the ACA, or Obamacare, as Obama-haters like to call it, people couldn’t be denied insurance because of pre-existing conditions. Nor was there a limit on how much an insurance company was obligated to pay for a health issue. Our kids can remain on our own insurance until they’re 26.

We’re the only First-World nation in the world that doesn’t view health care as a right. We don’t mind if sick people shoot up schools, clubs, churches, or concerts with their Second Amendment rights, but we won’t promote the general welfare by making sure sick people can see a doctor in a timely manner.

The Donald Trump administration’s Justice Department, under the leadership now of our former and long-terrible U.S. Sen. Jeff Sessions, is doing all it can to destroy the ACA. And, like so many progressive, successful, and humane programs started during Barack Obama’s eight years in office, Trump and Sessions are doing a great job tearing those programs down.

America – and Alabama, too – are becoming more mean every day. Sessions is mean, and that is reflected in his Justice Department’s policies.

So the Justice Department will no longer defend certain provisions of the Affordable Care Act. The decisions Sessions and his mean colleagues are making will lead to even higher health insurance premiums. Even more mommas dying without insurance.

But the meanness isn’t simply reflected in damage to the ACA.

Sessions no longer will allow citizens of countries that basically condone gender abuse to get asylum in the United States. Go ahead and beat those women to death; that’s not our problem.

Home of the brave.

Compassion? Trump and Sessions likely can’t even spell the word, much less define it. It is not “covfefe.”

A “true” state’s righter, Sessions demands that the federal government enforce laws against recreational marijuana use in the states that have already approved it. Hypocrisy is a Republican value.

Temporary refugees from so-called (by this administration) “sh—hole” countries are finding they’re losing their protection. Go home. Leave us alone. Be murdered.

A woman’s right to manage her own body is under unprecedented assault. By men.

The LGBTQ community, which only recently won the right of marriage, finds itself the target of “legal” discrimination under this administration. Our transgender and gay members of the military are now at risk.

Children and parents trying to get asylum in the “land of the free” are being brutally separated. Many hundreds of those children are now, literally, “lost.”

We’re friends with North Korea’s brutal dictator, but are confrontational with the leaders of our strongest allies, including Canada, Mexico, Great Britain, France, and Germany.

We’ve got a mean streak that was suppressed by better angels in previous administrations, but has now been unleashed by Trump and his hate-filled minions, including Sessions.

Sadly, in our state, many politicians (all Republicans) tout this hateful Trumpism as a reason to vote for them in their TV commercials. Too many hateful voters feel enabled by that. So we get people like child molester Roy Moore running for the U.S. Senate, and supported by Alabama’s first woman governor since Lurleen Wallace.

We let our worse demons loose to kill our better angels.

We’re killing angels.

We want to make Medicaid practically impossible for our poorest to get. And we’re a very poor state. We want to deny food aid to children. We want to privatize public education and prisons, so private corporations can make more money.

We celebrate being mean. We monetize being mean.

Angels are dying.

My mother was too young two decades ago when she died of cancer. She was helped along to her early death by the highly profitable health insurance industry. The one we are bringing back.

Today, I don’t have health insurance. I cannot afford it. I haven’t been to a doctor in 18 months. My hope depends on living until I’m 65 and can get Medicare, which I’ve paid into my entire professional career. That is, If Medicare as we know it still exists in 2021. These Trump Republicans want to get rid of that, too.

I am 62 years old. Next year, I’ll be my mother’s age when she died. So little has changed.

Well, except we’re even more mean.

Joey Kennedy, a Pulitzer Prize winner, writes a column every week for Alabama Political Reporter. Email: [email protected]

 

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Poor ol’ Mike Hubbard

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