In “Hail Mary” Hubbard Subpoenas Governor

March 31, 2015

 By Bill Britt
Alabama Political Reporter

MONTGOMERY—In what is being described as both a fit of desperation and a Hail-Mary pass, Speaker Mike Hubbard, (R-Auburn) has filed subpoenas for Governor Robert Bentley (R), Acting Attorney General W. Van Davis and the Custodian of Records for the Ethics Commission, according to a filing by the Attorney General’s Office late Monday.

Filing 1, Filing 2

 

Over the last month, Speaker Hubbard, through his criminal defense attorney J. Mark White, has subpoena 17 witnesses for an evidentiary hearing that has not even been granted yet by Lee Count Circuit Court Judge Jacob Walker, III.

 

Court observers speaking on background say that they believe that the Hubbard defense team wants to put the prosecution on trial prior to his felony trial in October.

 

Hubbard has been charged with 23 felony counts of public corruption.

 

One attorney familiar with the case said, “This is a ‘Hail Mary’ by White because he doesn’t have a real defense.”

 

In response to the prosecution’s motion to quash the subpoenas issued to Bentley and others, Judge Walker has ordered a hearing on April 3, 2015 at 1:45 pm in courtroom three of the Lee County Justice Center.

 

The purpose of the hearing is to further discuss issues to be heard on April 15 and 16, 2015, according to Judge Walker’s order.

 

The hearing of April 15 and 16 was to be on motions filed in the case, but Hubbard, in what is described by one attorney as a “fit of desperation,” apparently wants to turn the hearing into a media circus.

 

As for Hubbard’s request to call Gov. Bentley the state argues, “Hubbard’s subpoena… constitutes an improper attempt to obtain discovery to which he is not entitled and to conduct a baseless fishing expedition.”

 

The state contends that Hubbard’s subpoena of Bentley should be quashed because it represents an attempt to usurp this Court’s authority. Prosecutors also say that it violates executive privilege, “It is black-letter law in Alabama that testimony about the performance of a state officer’s official duties is protected from disclosure by executive privilege.”

 

The prosecution also claims that the Bentley subpoena is improper because it seeks information “protected by… deliberative-process privilege, legislative privilege, attorney-client privilege, and work product doctrine.”

Hubbard’s efforts to call Bentley and Davis is seen by legal observers as a last ditch offensive before the scheduled October criminal trial.

 

Hubbard Cries Prosecutorial Misconduct

March 31, 2015

By Bill Britt
Alabama Politcal Reporter

MONTGOMERY—Speaker of the House Mike Hubbard (R-Auburn) once again uses complaints from a disgraced Deputy Attorney General to justify dismissal of the felony charges against him.

In his court filing on Monday, Hubbard’s attorney, J. Mark White rehashes a series of complaints filed by former Deputy Attorney General Henry “Sonny” T. Reagan to ask the court to dismiss the case against Hubbard on the grounds of prosecutorial misconduct.

Hubbard’s attorney uses 123 pages to layout a case of misconduct by Special Attorney General W. Van Davis and Chief of the AG’s White Collar Crime Unit M. Matt Hart.

White claims that the prosecution, the investigation and the Grand Jury have all been tainted. However, the star witness in the complaint is Reagan, who resigned his position at the Attorney General’s Office in lieu of termination. AG Strange described the reason for Reagan’s resignation: “…the fact that Mr. Reagan breached his duty of loyalty to the State of Alabama and this Office, failed to safeguard the confidences of the Office, and violated the trust of his colleagues, all in violation of the policies of this Office and the Rules of the State Personnel Board.”

Hubbard’s team is also basing this motion solely on a man who, according to his boss, “took part in inter-office conversations related to the Special Grand Jury, all the while concealing his simultaneous representation by the criminal defense team.”

We have learned from court records requested by White that Reagan was giving confidential Grand Jury information to Rob Riley and Hubbard as early as 2013.

It is also known that Reagan shared attorneys with not only Hubbard but with Rep. Barry Moore (R- Enterprise), who was accused of lying to the same Grand Jury that indicted Hubbard (Moore was later acquitted).

White also accuses Hart of leaking information to this reporter (not true) as well as John Archibald of al.com.

Hubbard’s “mouthpiece” uses a secretly taped conversation between radio talking-head Leland Whaley and Hart as evidence of leaking confidential information. 

It seems Hubbard just wants to put the prosecution on trial at the April 15, hearing before Lee County Circuit Judge Jacob Walker.

According to the motion, Hubbard’s defense has subpoenaed: Lori Arnold, the Custodian of Records; Charla Doucet; Tim Fuhrman; Claire Haynes; Bill Lisenby, Jr.; Jesse Seroyer; Howard E. Sisson; Luther Strange; Kevin Turner; and Amber Lunceford Turnow to testify.

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