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Bill Britt

Government by default

Bill Britt

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By Bill Britt
Alabama Political Reporter

Currently, our State’s Governor, Chief Justice, and Attorney General were not elected to the positions they now hold.

These individuals obtained their current high status because of either scandal or corruption. Their ascendency by default is not meant to disparage these people in any way, but to highlight this unprecedented situation (As is the State’s junior U.S. Senator and an associate supreme court justice).

Kay Ivey was elected to step in should the Governor fall, but what do we know about her agenda?

Other than reelection to their appointed offices, does anyone know what’s on the mind of Chief Justice Lyn Stuart or Attorney General Steve Marshall?

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Stop for a moment and think about the absurdity of it all.

Ivey became Governor because Robert Bentley lacked the moral compass to maintain the office.

Stuart was appointed Acting Chief Justice by Bentley after a coup removed the duly elected Chief Justice Roy Moore.

Marshall was made Attorney General by the same wayward Governor after Luther Strange entered into what many perceive as a corrupt bargain with the man who will be forever known as the “Luv Guv.”

This entire surreal scenario reads like a bad work of fiction, minus the dead body.

Gov. Ivey, who appointed Stuart Chief Justice, said, “To ensure a continuity of leadership and a smooth transition that keeps the ship of State steady, I have appointed Justice Lyn Stuart as Chief Justice of the Alabama Supreme Court.”

If the Special Supreme Court nominated by Stuart and Bentley had not denied The Alabama Political Reporter’s request to unseal the documents in the case of Justice Moore, we might have a better idea of Stuart’s role in his removal, and what type of continuity of leadership she brings to the State.

And Justice Stuart, what does she stand for other than herself?

Many questions remain concerning Stuart’s role in the removal of Chief Justice Roy Moore. But, what is clear is, as Acting Chief Justice in October 2016, she called for a statewide pay freeze on Judicial Merit employees while giving her staff substantial pay increases (Stuart verbally issued the pay freeze in October, but waited until December to send a memo).

She, like many others on the State’s highest court, has effectually used pretzel logic to decide cases which would impact big business positively or gaming negatively. Stuart is a creature of the Business Council of Alabama (BCA) and more beholden to BCA chieftain Billy Canary and the machine he operates, along with former Gov. Bob Riley, than to the rule of law.

Stuart’s failure to recuse herself from certain aspects of the Moore case should disqualify her from serving as Chief Justice, but because the Judges she and Bentley handpicked have the Moore files under seal, there in no way to prove her culpability in Moore’s removal.

However, Justice Tom Parker is slated to run against her in the next election for Chief Justice and may rid the State of another BCA tool.

As for Marshall, considered a good district attorney, he has abandoned the single-best accomplishment of his predecessor, which was fighting public corruption. Luther Strange, as Attorney General, had the political wisdom and courage to stand behind his Special Prosecution Division, giving them the resources to pursue public corruption at the highest levels of State government. Strange also championed an ethics reform package that would have clarified and strengthened the State’s Ethics Code. However, Marshall let the Legislation die on his desk for political consideration, on the advice of Kathrine Robertson, his Chief Legal Counsel.

Marshall told Yellowhammer News that his priorities as Attorney General were: the heroin/opioid addiction problem, Human trafficking, Technology Crimes, Public Corruption, and advancing best practices cases.

While opioid/substance abuse and human trafficking are serious issues, they are also popular non-confrontational ones. In light of the felony conviction of former Speaker of the House Mike Hubbard and the fallout that has frightened big-business donors, it’s understandable that Marshall might temper his tone on the fight to rid our State of corrupting influences.

There are no awards for jailing prominent lawmakers or the monied class, but there are many for “fighting” drugs and prostitution. Of course in Montgomery, the most addictive opioid is power, and the best hooker is a lawmaker you can buy cheap, who stays bought.

There is a District Attorney in St. Clair County named Richard Minor. There is a sign hanging in his office that reads, “If you are not willing to take the case that will end your career, then you shouldn’t be a DA.” This adage is doubly true for an Attorney General.

Marshall will be challenged in the race for Attorney General by Alice Martin, one of the nations top US Attorneys whose office successfully prosecuted a record number of white collar criminal cases during her tenure. Martin also served as Chief Deputy under Strange, doggedly restoring integrity to an office is disarray.

As for Gov. Ivey, she is what she is. She’s made some good calls and some bad ones The bad one made out of ignorance or hubris, which at times can appear to be the same thing.

We should all wish that these individuals succeed even if they gained power haplessly by default.

Like the trees at Toomer’s Corner, each branch of our State government was poisoned by those who came before. Perhaps in 2018, there will be a new planting of trees, from which the fruits of justice, honesty, and prosperity can flower.

 

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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.

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.”

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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.

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.

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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.

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.

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“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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Government by default

by Bill Britt Read Time: 5 min
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