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Winners and Losers of Special Election

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

Alabama garnered national and global attention from the U.S. Senate special election which vaulted Doug Jones into the U.S. Senate. There are a number of winners and losers from this election.

The foremost winner is of course Doug Jones himself.  Jones has had a stellar legal career.  He has been a U.S. Attorney, an assistant U.S. attorney, a former aide to U.S. Senator Howell Heflin (D), the successful prosecutor of the 16th Street Baptist Church bombers, and he is recognized as one of the foremost legal minds in the profession with a who’s who list of corporate and institutional clients.  He has had a stellar career; but now he is a Democrat rock star.  He walked into the heart of Trump country in the deep south and emerged victorious.  Nobody among Senate Democrats can match that accomplishment and the national press attention he has received gives him far wider popular name recognition than Senators who have served longer and have more political victories.

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Social conservatives lost mightily and likely won’t ever recover from this defeat.  Roy Moore was their champion.  He denounced sodomy, abortion, same-sex marriage and urged America to “be good again.”  If elected, Moore would have been in position to influence judicial nominations that will be interpreting the Constitution for the next three decades; now Jones will be and clearly that will impact future decisions on same-sex marriage, abortion, the Second Amendment, immigration, transexuals, the role of the government, etc.  Only the President influences the future of the federal court system; than a “swing” Senator and now the GOP has just a one vote majority in the Senate.  The social conservatives (most of them from rural Alabama ) defeated the business/establishment Republicans (most of them from the suburbs and cities) in the GOP Primary and then were largely abandoned by the GOP elites on election day in the general election.

The LBGTQ community was triumphant.  Judge Roy Moore has been their nemesis for years; not just in Alabama but nationally as well.  They contributed mightily to getting him removed from his position on the Alabama Supreme Court and now they helped defeat his Senate aspirations.  Fewer and fewer preachers are denouncing sodomy from the pulpit and after Moore very few politicians will want to do it on the stump either and risk the wrath that they have been able to deliver to Moore.

Alabama Governor Kay Ivey (R) ended the night in the loser category.  Ivey was probably right to set the special election this year rather than leaving it for the next election cycle but she is being second guessed now over the decision.  She also looked foolish when she said that she believed Roy’s accusers; but was still voting for Roy Moore and did not remove him from the ticket.  The decision to schedule the state Senate District 26 special election on the same day as the U.S. Senate election now looms large as a potential contributing factor to why Republicans lost. She looked awkward through all of this and that the Republican Party lost a U.S. Senate seat just eight months into her tenure is an issue that may breathe new life into the campaigns of her many 2018 challengers.

The Black community in Alabama won. Republicans have ignored them, packed them into Black dominated legislative districts, and openly laughed at their complaints and problems.  Republicans are not laughing today.  The Black voters flexed their muscles all across Alabama.  The polls all had Moore ahead by three to eight points; but that was assuming that Black voters stayed home like they did in the 2016 and 2014 elections.  There was 44 percent voters turnout in Montgomery County, much of it generated by the SD26 race energy, versus 34 percent turnout across the state.  Moore did not really have a outreach program to Black voters.  If he had just gotten 22 percent of Black voters he would have easily beaten Jones.  NBA and TV star Charles Barkley openly campaigned for Jones.  President Barack H. Obama (D) did robo-calls for Jones.  Jones campaigned on the last days with Congresswoman Terri Sewell (D-Selma), Senator Corey Booker (D-New Jersey), and Deval Patrick (D-Massachusetts) while Moore made some inane comments about America being its greatest prior to the Civil War.  That was twisted by his opponents to mean that America was greatest when we had slaves, a charge Moore let go unanswered.  Black turnout flipped many reliably Republican counties blue and that should put fear in the hearts of everyone in the Republican Party.

Luther Strange managed to lose yet again.  Luther should never have accepted that tainted appointment from Governor Robert Bentley (R).  It is likely that Del Marsh or Mo Brooks could have beaten Moore in the Primary; but Luther used DC lobbyist dollars and Mitch McConnell to set up a runoff between him and Moore.  Then he and his buddys spent millions trashing Moore even though every pollster, including Luther’s own tracking polls, had Moore winning the GOP runoff and emerging as the GOP nominee.  Once he squandered a small fortune and whatever good will he had left in the state and LOST convincingly to Moore; Luther then petulantly refused to endorse Roy Moore.  There are claims that GOP operatives created the whole underage women narrative and then one of them Tim Miller planted it with WAPO.  Luther could have come out and publicly demanded that the RNC and RSLC support electing the Republican nominee; but no he either stayed out of it or undermined Moore from behind the scenes.  Luther went from being a generally likable political figure to perhaps the most polarizing figure in GOP politics in Alabama, outside of Moore himself.  Luther Strange managed not only to crash and burn his once promising political career, he took out a safe GOP Senate seat, imperil the President’s judicial nominees, and cost the GOP any chance to repeal and replace Obamacare.

The Alabama Democratic Party got a win.  They have not won any statewide election since 2008 and really have not seen an energized Democratic base since that election.  Party Chairwoman Nancy Worley largely remained behind the scenes; but she inherits an energized base, a new generation of grassroots Democratic organizers that are dedicated to progressive principles and ideas, and a Republican Party that appears divided and beaten down.  Whether or not she and Democratic Candidates like Judge Sue Bell Cobb, James Fields and Walt Maddox can capitalize on this momentum is open to question.

President Donald J Trump (R) suffered a massive blow in this race.  First he opposed Moore, then he embraced Moore, then he distanced himself from Moore, and then he finally embraced Moore again.  Now he is distancing himself from Moore again; but he lost a reliable Senate vote in Luther Strange and a lot of Presidential prestige.  His support arguably did as much to energize Black voters for Jones as it did conservative voters for Moore.

This was a big win for the ‘Washington Post’.  The aging legacy newspaper has a big reputation; but a lot of that had become ancient history rather than current reality; until Amazon exec Jeff Bezos bought it for a discount a year ago.  Moore was cruising toward what should have been an easy win, until WAPO got involved by dredging up women who claimed to have been previously involved with Moore.  The move flipped the script on the election from Making America Great Again to what happened in 1979.  I find that sort of gotcha journalism sleazy and unprofessional; but the Democrats got this Senate seat largely because of their efforts.

The biggest loser had to be Judge Roy Moore himself.  If you run for office enough you will normally lose an election.  There has to be a winner and there has to be a loser in any contest, and if you count the primaries, a lot of people lost in their bid to win back this Senate seat.  Moore lost more than a cushy job.  He has been called “pedophile”, “pervert”, “child molester”, and faced a level of national ridicule and scrutiny in his personal life that far more powerful men have never experienced.  After 70 years of service in the Army, in the Vietnam War, as a prosecutor, as a judge, as Alabama Supreme Court Chief Justice, as the head of his Foundation, as a father, a grandfather; whatever he does in this life Moore will always be best known for the two most serious accusations against him, that if true were one time incidents 38 and 40 years ago, and if not true amounted to slander.  Few men and women would want for their lives on this Earth to be known for and judged by what they did in their darkest moments and certainly not for the worst lies their political enemies can concoct.  Judge Moore lost an election; but he also lost his good name and reputation and that might not be fixable in this life.  This kind of intensely personal attacks and charged negative political attacks is why many people do not want to go into politics.

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Opinion | The push for a balanced budget

Bradley Byrne

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When the 115th Congress kicked off last January, I immediately introduced a bill that I believe is fundamental to the future of our country: a Balanced Budget Amendment to the U.S. Constitution.

The premise of a Balanced Budget Amendment is pretty straightforward. The federal government should not be allowed to spend more than we take in, except in extraordinary circumstances like a time of war.

This isn’t some sort of far flung idea. When I served in the Alabama State Legislature, we were required to pass a balanced budget each year. It was not always easy, but it was the law. The vast majority of states have the same requirement.

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Balancing a budget is also a common occurrence for families in Alabama and across the United States. Every month, people sit around their kitchen table to figure out how to make ends meet and live within their means. Small businesses must do the same.

The federal government should have to play by the same rules.

To truly enact a Balanced Budget Amendment, we would need to add an amendment to the U.S. Constitution. As a reminder, in order to amend the Constitution, the Balanced Budget Amendment must pass both the House and the Senate by a two-thirds majority and then be ratified by three-fourths of the states, which is 38 out of the 50 states. The only other way to amend the Constitution would be through a constitutional convention called for by two-thirds of the states.

Recently, the House voted on House Joint Resolution 2, proposing a Balanced Budget Amendment to the Constitution. Despite receiving the support of a majority of us in the House, the bill did not receive the two-thirds majority necessary under the Constitution.

I was deeply disappointed that most Democrats in the House opposed the Balanced Budget Amendment. Despite talking a lot about our debt, they rejected one of the best opportunities to actually restore fiscal sanity in Washington.

Throughout the course of the debate, two important topics were raised, and I wanted to briefly address each of them.

First, despite what my colleagues on the other side of the aisle believe, the answer to our debt issues is not to tax the American people more. We do not have a tax problem; we have a spending problem.

To be clear, the recently passed tax cuts are not to blame for our nation’s debt issues. As the Heritage Foundation recently pointed out, “tax revenue is expected to fall by only 0.7 percent of gross domestic product (GDP) this year and spending is expected to climb by 3 percent of GDP.” Again, we have a spending problem, not a taxing problem.

Second, the most serious drivers of the national debt are on autopilot. For example, if you eliminated every penny Congress appropriated for defense spending next year, the federal government would still be projected to operate in a deficit.   So-called mandatory spending programs must be reined in, and a balanced budget amendment would finally require Congress to tackle those programs head on.

Now, I know passing a balanced budget would be hard, but I did not run for Congress because I thought the job would be easy. We were elected by our neighbors to make difficult choices and decisions.

So, while our recent effort to pass a Balanced Budget Amendment came up short, I will not let it stop me from continuing to push for a balanced budget that requires the federal government to live within our means, just like the American people.

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Opinion | Vengeful Alabama to kill 83-year-old man

Stephen Cooper

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Barring intervention by courts or its governor, Alabama will kill an 83-year-old man on April 19; long-incarcerated for the 1989 mail-bomb killings of United States Court of Appeals for the Eleventh Circuit Judge Robert S. Vance and civil rights attorney Robert E. Robinson, Walter Moody, Jr.’s wizened, withered body, will, three decades after his crimes, be strapped to a gurney, pricked with a sharp needle (possibly many, many times), and pumped full of chemicals until he is dead.

Why? Other than the reactionary, regressive idea of “retribution” – whose flawed moral underpinning is interchangeable with bloodthirsty, wild, wild West revenge – how will justice be served? And, for whom?

The premeditated, state-sponsored senicide of the most senior of senior citizens on Alabama’s death row won’t make anyone – not anyone in Alabama, and not anyone anywhere in the United States or the world – safer. As I have written elsewhere, the myth that capital punishment – in this instance for an old man at the tail-end of a tortured existence in “hell-on-earth” Holman prison – provides deterrence, is an outmoded shibboleth. No mentally disturbed person intent on a bombing rampage will be dissuaded by Alabama prosecutors’ tri-decade pursuit of Moody’s execution. (As the Tuscaloosa News editorialized in a piece titled “Attempts to carry out the death penalty have gone from bad to worse”: “Thirty years is a long time to wait to die, but the State is persistent. Alabama has spent a lot of money and a lot of energy to usher out these old and infirm inmates before nature takes its course.”)

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Additionally, and arguably most important, Alabama’s unrelenting desire to exact violent vengeance for the deaths of Judge Vance and Attorney Robinson is improper because of: (1) who these champions of justice were, their respective legacies of honor, and the principles of equality their lifework embodied; and (2), because it is undesired by the people whose opinion should matter the most – the family members of the victims – who have spoken publicly about this.

A crusader for civil rights in the segregated South, Robert Robinson served on the executive board and as general counsel of the NAACP, and so it seems certain he would not favor the death penalty – for Moody, or for anybody – the practice having been hewn from the hell of slavery, subjugation and the suffering of black people. Interviewed for a 2016 essay called “Celebrating Black History: Remembering Robbie Robinson,” Robinson’s widow, Ann, “says she may never know the reason why her husband lost his life to such a heinous crime but she harbors no ill feelings towards Moody. Instead, she’s focused on keeping [her husband’s] memory alive.”

By the same token, Judge Vance’s wife Helen, who was seriously injured as a result of the bombing that killed her husband, told reporters after Moody’s 1991 conviction in federal court that, “she wouldn’t press for a state death-penalty case” (Helen Vance died in 2010). And recently, in March, Robert Vance, Jr., Judge Vance’s son and a circuit judge in Alabama, told a news reporter: “We achieved peace when [Moody] was convicted,” later saying “he’s not sure what can be gained from the execution of his father’s killer.” This ambivalence and distaste for executing an impotent, likely soon-to-die-anyway old man, would undoubtedly have been shared by his father. For as now-deceased former acclaimed death penalty attorney and law professor Michael Mello wrote about Judge Vance, for whom he clerked, in his book “Dead Wrong: A Death Row Lawyer Speaks Out Against Capital Punishment”: “Judge Vance personally did not believe in capital punishment; if he were a legislator he would vote against it; if he were an executive he would commute death sentences; and if he were a Supreme Court Justice, he might well hold it unconstitutional. Robert Vance’s personal opposition to capital punishment was genuine and heartfelt . . . . He did not believe that the death penalty was a proper form of punishment[.]”

Which brings us full-circle to the questions I posed earlier: Why is Alabama intent on killing an octogenarian who can no longer hurt anyone? And, who on God’s good earth will benefit from such ghastliness?

For as renowned Christian author, ethicist, and theologian Lewis Smedes once powerfully observed: “The problem with revenge is that it never evens the score. It ties both the injured and the injurer to an escalator of pain. Both are stuck on the escalator as long as parity is demanded, and the escalator never stops.” This is why Sir Francis Bacon once counseled that “[i]n taking revenge, a man is but even with his enemy; but in passing it over, he is superior.”

If Alabama does not spare Mr. Moody, this time-tested wisdom, together with whatever honor and capacity for human dignity that exists within the office of Alabama’s governor, its Department of Corrections, and its Office of the Attorney General, will be lost.                  

Stephen Cooper is a former D.C. public defender who worked as an assistant federal public defender in Alabama between 2012 and 2015. He has contributed to numerous magazines and newspapers in the United States and overseas. He writes full-time and lives in Woodland Hills, California. Follow him on Twitter @SteveCooperEsq

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Opinion | How we can make our schools safer

Craig Ford

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Education is the most important service our government provides, and one of the top issues impacting education is school safety.

Unfortunately, it seems like every conversation about school safety always turns into a debate about guns, and nothing ever gets done.

But there are a lot of things we can – and should – be doing to make our schools safer without even getting into the gun issue. In fact, mass shootings are only one threat to our schools. Kidnappings, sexual assaults, fights and bomb threats are also concerns, and none of those have anything to do with guns.

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First, there should be a trained resource officer or law enforcement officer in every school.

Yes, this would cost money that some school systems might not have, which means the state would have to help pay the bill.

Plus, resource officers can’t be everywhere at once. And as we saw with the school shooting in Florida, just because a resource officer is there doesn’t always mean that officer will do what they are supposed to do.

But having a resource officer in a school could make the difference in a mass-shooting situation. And having an officer on each campus could be a deterrent to potential kidnappers, sexual predators and students who might get into a fight.

Aside from resource officers, there are other common sense measures we can take to keep our schools safe. And we can start by applying the lessons we learned from the shooting that took place at Huffman High School in Birmingham last month.

In that case, according to Superintendent Lisa Herring, the school had 43 entry points, and those entry points were not appropriately monitored. Also, their metal detectors were not working.

First, there should only be one or two places where someone can enter a school. There can be multiple exists for emergencies, but those exits need to be one-way doors so that people can go out but not come in.

Second, no person who isn’t a faculty member should ever be able to walk into a school without having to check-in at the main office. And I would consider supporting legislation that would make it a crime to enter a school without registering with the main office except in emergency situations.

Third, every school entrance and exit point ought to be monitored with video surveillance cameras, and all entrance points ought to have functioning metal detectors. At the very least, our state government needs to look into funding a grant program that would help local schools be able to afford these kinds of metal detectors and surveillance systems.

Along these lines, the state should consider using technology funds to help put computerized visitor management systems in our schools. Front office staff can use these systems to check visitors against a national sex offender database by scanning their driver’s license or other government issued identification. These systems also allow staff to flag visitors and cross check their system with larger databases at the state and federal levels.

Schools should also have perimeter fences to deter trespassers and limit an intruder’s access to school grounds.

Fourth, all school entrance points should have a double entry door system where the second door is locked and can only be unlocked from within the main office. This way, even if a person comes in with a gun they cannot get passed the second door unless the front office staff lets them in. And there should be at least one panic button in the front office.

Because of the cost of some of these security measures, I wouldn’t want to make them a mandate on existing schools. But I do believe we need legislation mandating that all future school construction take these guidelines into consideration when designing the layout of a new school. And we need to look at using state funding to match local investments in these kinds of security measures for existing schools.

Other things we can be doing to help school safety and public safety would be to better fund mental health care and do a better job of enforcing the gun laws we already have (too many shooters, including the shooter in Florida, were known to be threats but the system failed to stop them).

There are a lot of things we can be doing to make our schools safer, and doing these things can not only help stop a potential shooter but also prevent other threats such as kidnappings and sexual assaults. School safety is not just a gun issue, and continuing to do nothing is not an acceptable option.

Craig Ford represents Gadsden and Etowah County in the Alabama House of Representatives. He is currently running for the State Senate in District 10 as an Independent.

 

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Winners and Losers of Special Election

by Brandon Moseley Read Time: 8 min
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