By Bill Britt
Alabama Political Reporter
The Alabama Political Reporter is a news organization devoted to Alabama politics. We will provide accurate, reliable coverage of policy, elections and government. A political news site that gives citizens, lawmakers, business leaders and organizations one place where they can find thorough coverage of all the political news that affects our government and our lives.
Alabama Political Reporter is independent, non-partisan media company that we believe will become the most trusted source for political news, analysis and commentary in the State of Alabama.
We believe the surest way to guarantee good government is to have a fully and accurately informed citizenry. The purpose of the news organization is to produce honest and accurate reporting that informs, educates, alerts and calls citizens, lawmakers and business leaders to action to insure the people of Alabama are represented by the best government possible. In a metaphorical sense, we hope to serve as an aegis of the public good.
The word “aegis” (from the Greek) entered our modern English to mean a shield, protection or sponsorship.
In later Classical mythology, the aegis was the shield of the god Zeus, he is described in the Iliad as the “Aegis-bearing Zeus.”
In Greek mythology, when the Olympians would shake the aegis, Mount Ida would become wrapped in clouds as thunder rolled and men where struck down with fear.
Today, we have a clear concept of doing something “under someone’s aegis” meaning to do something under protection of a powerful, knowledgeable or benevolent source.
News organizations at their best are powerful, benevolent protectors of the public interest.
At their worst they are self-promoting scandal sheets, advancing the agenda of the management, staff or its underwriters.
The U.S. Constitution guarantees freedom of the press but also implicit in our laws is a freedom from the press. This concept, of freedom from the press, is however, greatly ignored.
Everyday writers, as well as, editors are faced with decisions as to what is newsworthy, what is in the public interest. While news organizations should strive to make these choices based on wisdom and understanding many are made arbitrarily based on time to complete a story, physical space within the paper and, yes, sometimes, whim or malevolence.
However, when it comes to public trust we all need to take a serious and measured view of what is reported and how it is reported. As an editor, I labor under a great personal weight every time a story concerns matters of public trust.
Reputations, lives and institutions can be reformed or destroyed by such stories. Therefore, it is incumbent upon all who wear the mantle of journalist to consider, with great care, the validity of a story.
As an editor, I believe there is an implicated obligation to protect people from the press.
The press is often referred to as the “Fourth Estate.” Novelist Jeffrey Archer, in his work, the Fourth Estate observered: “In May 1789, Louis XVI summoned to Versailles a full meeting of the ‘Estate General.’ The First Estate consisted of three hundred clergy. The Second Estate, three hundred nobles. The Third Estate, six hundred commoners. Some years later, after the French Revolution, Edmund Burke, looking up at the Press Gallery of the House of Commons, said, ‘Yonder sits the Fourth Estate, and they are more important than them all.’”
As the Fourth Estate we are advocates as well as defenders. We should, at our best, provide accurate, unbiased information to frame the issues in a way that allows citizens to make good decisions. We should hold those in power accountable and to expose the rats and cockroaches that infect all corners of public life.
It is naïve to think that all or any public man or woman has clean hands, by omission or commission there is dirt.
The great failing of journalists is to think that we are the heroes of the story. The truth is we should never be in the story, not our ego, ambition, desire or political ideology. We are mechanics who should work in earnest to make clear information that shields against tyranny and promotes liberty.
We pray this news organization will continue in this tradition for years to come, to inform, educate, alert and call to action the people of our state.
In this earnest spirit we offer you the Alabama Political Reporter, may our desire to make Alabama even better be blessed by God and also protected from ourselves.
A note of thanks…
A project like Alabama Political Reporter may have come from the mind of one individual but making it a reality takes the work of many hands.
The laborers are not just those who have coded the software or written the stories or provided the ideas it is also the many who have offered food, advice, comfort and belief that have built the foundation upon which the dream now appears as a new news organization for all Alabamans.
So, it is Susan and I would like to acknowledge some of those people.
We want to thank Governor Robert Bentley and those in his office, the Speaker of the House Mike Hubbard and his staff, the President pro tempore of the Senate, Del Marsh, and his staff as well as the Attorney General Luther Strange and his staff.
The many friends and supporters who have been there for us from the beginning, when resources were scarce and hope was our only comfort, to you we offer our deepest thanks to Dick and Evelyn Whatley, Vernon Burns and Sharon Meadows, Bradley and Rebecca Byrne, Kat Tucker, Mike Gardner, Marty and Hoke Sullivan, Pastors Shawn and Andrea Machen, and many more. You know who you are. You have all been true friends and inspirations, thank you all.
Opinion | Clorox, anyone?
There is no comprehensive plan on how to hold the upcoming legislative session safely — not even a rudimentary one.
In less than 100 days, the state Legislature will return to Montgomery for the 2021 Legislative Session. As of now, there is no comprehensive plan on how to hold the session safely — not even a rudimentary one.
But perhaps there is a reason to keep the statehouse shuttered as the Legislature seems to have forgotten the governing principles that the nation was built upon, and (hint, hint) it was never a slogan.
One individual at the Statehouse said that there would be a vaccine by February, so why worry about holding Session as usual. Perhaps this individual also believes that a disinfectant cure or a UV light remedy is right around the corner. News flash, as of press time, intravenous Clorox and lightbulb suppositories are still in phase one trials.
Pandemic humor aside, the surprising thing would be if the Legislature actually had a plan at all.
There have been rumors of a plan, even mentions of one, too, but nothing that would allow lawmakers, lobbyists and the public to realistically gather to conduct the peoples’ business in a relatively COVID-free environment.
We all want a miracle, but miracles are outside legislative purview, and while prayer is needed at the Statehouse, so is commonsense and a plan.
One plan in consideration is to limit the number of people who can enter the building. That’s a bad idea because the public has a right to witness government action and advocate for causes.
At the end of the truncated 2020 session, the Legislature curtailed the number of people in the Statehouse, which violates the law and good government spirit.
Lawmakers come to Montgomery to do the peoples’ business — at least that’s what they say at campaign events and pancake breakfasts. Of course, they don’t really conduct the people’s business in Montgomery. That’s just a figure of speech.
Legislators represent the people when they are running for office or giving chats at Rotary, but when most — not all — enter the Statehouse, they work for special interests.
Yes, some do care, and all are convinced they are doing a great job, but just like the plan to open the Statehouse safely on Feb. 3, it’s sadly an absurd pretense.
The majority of the Legislature consists of Republicans, who used to have a firm sense of what the party represented. While I hate to offend my many friends, the current party couldn’t find the most defining principles of traditional governance in our nation if you gave them a GPS and a flashlight.
Let me humbly run down a short list of things that should matter in no particular order.
For the list, I will turn to the 2006 book American Conservatism: An Encyclopedia: “Classical liberalism is the term used to designate the ideology advocating private property, an unhampered market economy, the rule of law, constitutional guarantees of freedom of religion and the press, and international peace based on free trade.”
Classical liberalism has nothing to do with modern liberalism and everything to do with our Republic’s founding. Classical liberalism underpins the Constitution’s foundation, Federalist Papers and the vast majority of the founding generation’s ideology, which created our nation’s governing structure.
Private property rights are fundamental to what Jefferson called the pursuit of happiness.
And guess what is an individual’s most precious piece of property? Their person. Yes, a person’s body and mind are an individual’s greatest possession. A person’s right to live freely with only a minimum amount of government intrusion is essential to happiness. The government’s job is not to tell us how to live, rather keep others from harming us, killing us or taking our stuff.
Every year Montgomery seems intent on an ever-expanding agenda to meddle in people’s private lives.
Real estate and other property is significant but can’t be thoroughly enjoyed if we are dead or in chains designed by the good intentions of the Legislature. Lawmakers are not to be the central planning committee for the soul.
The government should promote a relatively unhampered market economy. Tariffs anyone? Trade wars? No one wins a trade war. Everyone loses. Winning simply means the other side lost more or gives up. It’s like a bar fight. Nobody wins it because everyone gets beaten up — but one got it worse.
How about the rule of law? I hear it talked about a lot, but the law must be just for everyone. If the law is applied unequally, is it really the law?
We hear a lot about Second Amendment rights as if that’s the big one. But what about freedom of the press? Is that less important? As the nation’s second president John Adams said, “Without the pen of Paine, the sword of Washington would have been wielded in vain.”
The press is not the enemy of the people. Is there bias? Sometimes. Is there poor reporting? On occasion. But the real enemy are the politicians who defame or attempt to delegitimize the media for not supporting their political agenda. An AR-15 can be coercive but have a free county without a free press in impossible.
Freedom of religion is also paramount to our nation’s principles as free people have a right to worship without government interference or mandate. But believe me, some religious leaders would see a government-imposed religion as long as it’s the one they like. I often wonder, does religion require a strong man or strong faith? Today it’s hard to tell. Like all rights, if you take away the freedom to worship or not, and the whole system of liberty fails.
Last but not least, international peace based on free trade: If a nation is making money by trading with another country, it doesn’t have a good reason to bomb it. Likewise, the bounds of capital are generally stronger than political ideology. Money may not make the world go ’round, but a lack of it sure can unleash terrible conflict.
After this exercise in futility, I’ve decided I’m glad the Legislature doesn’t have a plan to open the 2021 session. Why bother? Because the very ideals that genuinely make life, liberty and the pursuit of happiness a reality are the ones at greatest risk of being trampled upon by the Legislature.
Opinion | Prisons, justice reform and the art of the possible
Politics is bound by the art of what’s possible. It is also true that those who never dare the impossible rarely achieve even the possible.
For years, prison reform advocates, media outlets and even a few public officials have called for new correctional facilities to address Alabama’s dangerously overcrowded prisons.
Now that it’s happening, some aren’t happy with how Gov. Kay Ivey is addressing the problem.
Is the Ivey Administration’s plan perfect? No. But building new facilities along with criminal justice reform — while all imperfect — is the last best hope to correct generations of cruel treatment, endangered correctional officers and corrupt practices.
German chancellor and statesman Otto von Bismarck said “Politics is the art of the possible, the attainable — the art of the next best,” this is the state of a workable solution to Alabama’s prison needs and criminal justice reform.
Yet, there is a concerted effort underway to stop the Ivey Administration from acquiring three new men’s prisons under a build-lease agreement.
Some lawmakers want another crack at financing additional facilities through a bond issue, and others want more say in the process. Still, the fact is that Ivey’s actions are the result of decades of legislative indifference and inaction to adequately address the appalling conditions at Alabama’s correctional facilities.
Even some advocates are working against the prison plan and while their intentions may be good it seem to their hand wringing is almost as disingenuous as lawmakers whining.
What’s worse are those who spread disinformation to discredit process.
Many good people have worked hard to bring about an end to the state’s barbaric prison system and unfair justice, but lately it seems there is an outright movement to derail much needed change— simply because it’s not enough. As the saying goes, “Don’t let the perfect be the enemy of the good.”
There have been so many false claims and sly manipulations of facts about the prison plan as to make even a hardened journalist want to cry “fake news.”
But as for Ivey, frankly, my dears, I don’t think she gives a damn.
Here’s the hard truth. The Ivey Administration is building three new men’s prisons, and nothing will stop it. The fact is that three prisons are not enough; the administration should move forward to build a new women’s facility as soon as practicable.
Politics is bound by the art of what’s possible. It is also true that those who never dare the impossible rarely achieve even the possible.
Failing to recognize when the once impossible is coming to fruition is a sad reality. Still, in politics, as in life, good things happen while most people are navel-gazing or complaining.
Having visited three state prisons, St. Clair, Elmore, and Tutwiler, I can say without a doubt, the conditions in those places are a living hell.
A report from the U.S. Department of Justice released in April 2019, found “reasonable cause to believe that Alabama fails to provide constitutionally adequate conditions and that prisoners experience serious harm, including deadly harm, as a result.”
DOJ’s investigation revealed that prisoners were susceptible to “an enormous breath” of sexual abuse and assault but other types of violence as well, including gruesome murder and beatings that went without intervention.
When the state incarcerates a criminal, it assumes custodial care for that individual. No matter how heinous the crime or foul the person, the state has an obligation to feed, clothe, house and provide essential human services for their care and welfare. Another element is often overlooked; when a person is committed to prison, they lose their freedom, not their humanity. Therefore, under the law, they cannot be subject to cruel and unusual punishment.
Building three new men’s prisons is just the start; it must be accompanied by criminal justice reform.
“We are able to have a serious discussion about prison reform in Alabama because we have a governor who is serious about putting solutions into place,” Ivey’s press secretary Gina Maiola recently told APR. “Prison infrastructure is a key part of the equation, but criminal justice reform is also needed,” Maiola said.
The Study Group entered its mission with one pressing question; “What policies and programs can the State of Alabama implement to ensure the long-term sustainability of our prison system without jeopardizing public safety?” according to Supernumerary Associate Supreme Court Justice Champ Lyons, Jr., who led the effort.
In a letter to Ivey on the Study Groups finding, Lyons wrote [T]he challenges facing our prison system are exceedingly complex—ranging from the elimination of contraband weapons and drugs to the recruitment, retention, and training of correctional staff to the size of the inmate population and to the physical condition of an aging and far-flung prison infrastructure.” He further wrote, “But having thought through many of these issues with my Study Group colleagues, especially our legislative members, I can report to you that some meaningful answers to this question are not just possible; they are within our grasp.”
Prisons without justice reform is a hollow victory, and the Ivey Administration is committed to bringing about reasonable reforms.
“Prison infrastructure is a key part of the equation,” said Maiola, “but criminal justice reform is also needed.”
The issues facing Alabama’s prisons and criminal justice system are complex, and generations in the making; therefore, arriving at a universally acceptable solution is not imaginable for the moment if ever. But what once seemed impossible is soon to be realized.
No one gets everything they want, but it’s a great step toward getting what is needed simply because it’s possible.
Opinion | Amendment 4: Stairway to heaven or highway to hell?
If you wouldn’t trust that august body to manage your checkbook, reconfigure your last will and testament, or redefine the terms of your car loan, then you should vote no.
Amendment 4 will appear on the Nov. 3 general election ballot asking the voters to approve a constitutional amendment to remove racist language from the 1901 Constitution and recompile other sections for content and clarity.
If you trust state lawmakers to “recompile” the state’s governing document, then vote yes.
If, however, you wouldn’t trust that august body to manage your checkbook, reconfigure your last will and testament, or redefine the terms of your car loan, then you should vote no.
The question is straightforward. Do you trust this Legislature with this important task?
The ballot measures lead sponsors were Sen. Rodger Smitherman and Rep. Merika Coleman, both Black Democrats, and it was passed with an overwhelming majority in both the House and Senate. This would seem to give legitimacy to the claim that at its heart, this is a referendum to remove racist language from the state’s Constitution.
However, Amendment 4 is a Trojan horse to allow the state Legislature to manipulate the state’s Constitution using past racism as cover. (Let’s not forget the recent racially charged monuments preservation act.)
This Amendment isn’t a benign effort to cleaning up the Constitution; it is a way for lawyers, lobbyists and lawmakers to rewrite the Constitution using sleight-of-hand.
After speaking about the need to eliminate racist words in the Constitution, Coleman actually points to the real reason the Republican supermajority supported the measure.
“Coleman said it’s not just a social issue,” according to reporting by Mary Sell. “But an economic development issue ‘for those of us who want to bring industry, new ideas, new technology, new research, new employees that are diverse into the state of Alabama.'”
The driving force behind the so-called recompilation is mostly about money, bringing more in and for the government to spend it more easily.
Eradicating racism from the state’s Constitution is a noble effort, but not if it opens the flood gates to more mischief.
In 2012, the Legislature offered a more narrow amendment which claimed to remove racist language from the Constitution only to have it revealed that it also eliminated a child’s right to a state-provided public education.
About that Amendment, also known as Amendment 4, then-Sen. Hank Sanders wrote, ”It proposes to remove racist provisions from the Alabama Constitution that have no real legal impact.”
The indent of the 2012 measure was to do away with a child’s right to public education; removing racist language was simply bait for the unaware.
The same is true of the current Amendment 4 because the offensive words have no bearing on how the state is governed.
The U.S. Constitution contains racist language and holds racist ideals, but they no longer have the weight of law.
“Consider the 14th Amendment. No part of the Constitution speaks more forcefully to the power of law to transform social relations,” notes Richard Albert, a constitutional law professor at The University of Texas at Austin. “It guarantees that no state shall ‘deny to any person within its jurisdiction the equal protection of the laws.’ And yet the Constitution still today counts a slave as ‘three-fifths’ of a person.”
“The First Congress debated whether a constitutional amendment should entail changes to the original text but ultimately chose to record changes in the higher law as sequential amendments to the end of the document,” according to Albert.
The founders determined it was best to leave offense clauses in the text and add amendments to the end; Alabama has followed their example.
Hurtful words matter and should be condemned but protecting citizens from a Legislature who would exploit constitutional change for their own benefit is also dangerous.
Removing racist language from the state’s constitution is morally right, but not if it lets deceptive lawmakers legalize unethical conduct. The state shouldn’t exchange one wrong for another.
Those who support Amendment 4 say that it will not change the Constitution; just cleans it up by removing all racist language; deleting duplicative and repealed provisions; consolidating provisions regarding economic development; and arranging all local amendments by county of application. And nothing in the amendment permits more money to be spent on economic development than is currently available. Those who want to foster greater commercial growth believe that condensing and clarifying sections of the Constitution will help define Alabama as a more business-friendly state.
However, anyone with a rudimentary understanding of textural construct knows that merely moving a comma can dramatically change a sentence’s meaning. Consider the many tricks which can occur with a cut and paste constitution.
For example, “I say to you today, I’m going to give you a million dollars.” That statement means at some point in the future, I’ll give you the money. But, “I say to you, today I’m going to give you a million dollars.” That means you’re going to get cash now. One little comma makes a lot of difference.
Alabama’s 1901 Constitution is some 800 pages long. How many lawmakers have read it; how many will read the “recompiled” Constitution? Most? Like none.
The Legislature asks us to suspend disbelief, pretending that nothing nefarious is going on and that they are sincere, and their intentions are good.
Sincerity is no guarantee of honesty, and as for good intentions, we all know where that leads.
Rock songs say there is a stairway to heaven and a highway to hell. Obviously, rockers understand the traffic patterns better than our lawmakers.
Amendment 4 is a fraud that will weaken the state and lead to further legalized corruption.
The ballot measure is in fact about money and power under the guise of racial equity.
Opinion | Gov. Kay Ivey didn’t cave
Ivey stood her ground on Wednesday, refusing to cave to those who want to end the mask order.
Gov. Kay Ivey extended the statewide mandatory mask ordinance on Wednesday despite pressure from her party’s right-wing. Nationally and here in Alabama, many Republicans have complained that any restrictions on their behavior during the COVID-19 outbreak is a violation of their individual liberty.
Ivey stood her ground on Wednesday, refusing to cave to those who want to end the mask order. For most of the COVID-19 pandemic here in the state, Ivey has followed health experts’ advice rather than politicos. Standing up to the Republican Party’s right-wing is not an easy task even in the best of times, but these days, with the party more radicalized than ever, Ivey is taking a huge political risk.
But like Shadrach, Meshach and Abednego, she hasn’t bowed, she hasn’t bent, and she hasn’t burned.
These are divisive times when even the best of people seem to be at war over the nation’s direction.
“Give me liberty or give me death” may have been a great rallying cry in 1776; it’s less persuasive as a public health policy.
Lately, some Alabama conservatives sound more like the John Birch Society members than the Republican Party of just a few years ago.
“In the name of fighting the coronavirus, more and more state governors are ruling by decree, curtailing freedoms and ordering residents to stay at home,” says the Birch website.
The Republican Party in the 1960s deemed Birchers dangerous and severed ties with the group. But like 60s racism, Red-baiting and a fear that socialist are lurking behind every corner, all that’s old is new again.
Not surprisingly, former Alabama Supreme Court Chief Justice Roy Moore is one of the leading voices in the fight to discredit the Ivey administration’s COVID orders.
Senate President Pro Tem Republican Del Marsh is part of the anti-masker movement and has suggested he’d like to see more people become infected to build the state’s overall immunity to the virus.
Marsh is certainly not alone; there is a motivated mop of miscreants who sees any restriction as an affront to them doing anything they please. Perhaps they can refuse to wear a seatbelt or maybe light up a cigar the next time they are dinning at the county club and show some real radical resistance.
The truth is many of those who condemn masks as an intrusion on personal freedom would happily compel their fellow citizens to pray at school and stand for the national anthem. They are more than willing to regulate liberties when it contradicts their opinion of what is good and wholesome. But heaven forbid they wear a mask to protect others—that is one regulation too far.
Like a pubescent boy, they live in a fantasy world; without consequences.
Anti-maskers are given to a form of herd mentality, which is part of a broader movement to discredit science for political purposes.
Perhaps the most critical job of a governor or lawmaker is the heath and safety of the public.
Masks protect others more than the wearer, and where the “Golden rule” should apply, it is trampled on just like Jesus’ admonition to love our neighbors as ourselves.
But I suspect that many of those who continuously espouse conspiracies, apocalyptic nightmares, and end time prophecies actually don’t like themselves very much and therefore don’t really care about the shared responsibilities we have toward others.
Writing for Business Insider, George Pearkes explains the four different types of liberty, according to David Hackett Fischer’s Albion’s Seed to explain mandatory mask orders.
“Efforts to require masks are a straightforward expression of ordered liberty,” writes Pearkes. “The concept of ordered liberty argues that without structure and a set of rules which are enforced for the common good, society would devolve into chaos.” He further concludes that “Mask orders are quite literally saving society from itself, so that we can be more free than we would if COVID spread even further and faster.”
Ordered liberty can be seen at the heart of Ivey’s policies during the coronavirus plague.
But for anti-maskers, “Live Free or Die” means they are free to do what they want, even if it kills you.
Ivey is putting people ahead of politics. We should wish more would follow her example.