By Bill Britt
Alabama Political Reporter
MONTGOMERY—In December 2010 the newly minted GOP supermajority went into special session to enact sweeping changes to Alabama’s ethics laws.
In what was described by then Governor Bob Riley as, “Alabama’s political system underwent more historic change and more reform during the seven-day special session that just concluded than we’ve ever seen before. Because of these landmark reforms, state and local governments in Alabama will operate more honestly, more openly and with more accountability.”
But did it really or was there more hope and hype than change?
Whatever the positive results of the reforms of 2010, two years later that question seems to be answered with an emphatic no when it comes to campaign finance reform.
Only a few months after his proclamation of sweeping changes in ethics laws Riley, other GOP leaders as well as Democrats would be caught up in a grand jury investigation that would test the new laws.
The eight month grand jury investigation that followed did not return a single bill of indictment.
However, a summary of the grand jury report delivered to Attorney General Luther Strange found that there was no means by which to prosecute anyone under the newly-enacted Republican-sponsored laws.
Ellen Brooks, Montgomery County District Attorney is the court officer that wrote the grand jury report and her findings should have sent shockwaves through the judiciary and the legislature but only a small fraction of lawmakers even became aware of the egregious holes Brooks found within the so-called reforms.
Brooks, a democrat, who cut her legal teeth as Director for the White Collar Crime Unit at Montgomery County District Attorney’s Office starting in 1981 has a no-nonsense approach when it comes to the law.
“Statewide campaigns can attracted a lot of money from all over the country, I am afraid that some people are not careful to know where that money comes from, is it a PAC, an individual, etc?” says Brooks. “They put it in the bank and spend it, then they worry about the details.”
She says that the new laws allow for this type of lax behavior because, “there is very little accountability in the law. There is not even a clear definition of who can be prosecuted under the law.”
According to Brooks under current law concerning PACs there are no clear definitions of who can be prosecuted if a crime is suspected, “We don’t know who that is, the chairman, the secretary, the person who signs the form, we don’t know, the law is unclear.”
With no one to hold accountable it is impossible to take action against law breakers. This is especially true concerning out of state PACs, which seem to have unlimited powers under the new laws.
She does say that with regards to the complaints that were heard by the Montgomery grand jury that, “First of all you have to look at the different complaints, but they primarily had to do with PAC-to-PAC transfer, a few days after the law was enacted.”
She believes because the law “went into effect rather quickly, so that some people did not have time to think it through what they were doing.” There seems to have been some misunderstanding of “what was the effective date and did they give enough notice to people?”
“I think some of these PACs were franticly trying to move money,” said Brooks, “and as fate would have it money does not always move very rapidly. Checks have to be written, checks have to be sign, check have to be deposited.”
While she does not use this as an excuse to disobey the law she did feel it was important to understand the timing in this particular instance.
But she also points out that the under the new law covering PAC-to-PAC transfers, that it would seem that, “It is not a crime for a PAC to solicit or receive an illegal contribution, such as from another PAC.”
Brooks says that another area of serious concern is when an illegal contribution may be returned, or even if it should be possible to do so.
“Let’s say, I get a contribution, I don’t really look at it, but, I deposit it in the bank and then a week, a month, six months later I go, oh no, I don’t want that money. So, I send it back. The law is unclear on how long if any time a campaign can keep an illegal campaign contribution.” Brooks points out that under that scenario it is impossible to make a case that a law has been broken.
Using another example Brooks says, “It’s kind of like walking into a bank and robbing it and then walking outside and saying, oh, I changed my mind.” She notes without irony that this is in fact what many campaign do with impunity.
“We all know a bank robber can’t do that but under this law it would seem a person can change their mind at any time to escape accountability.”
This Gordian knot of reform seems to at once play to the idea of change without giving law enforcement any real way of taking action against criminals.
Another troubling loophole in the law, says Brooks, has to do with campaigns paying family members like “a child or a spouse’s for work during the campaign.”
She says this is another grey area in the law and should “cause one to wonder at what is legal and what is a payoff.”
During the 2012 legislative session Senator Arthur Orr (R-Decatur) had sought to craft legislation to address some of the holes in the reform laws. But it was decides that a study committee was needed to address the issue, Ellen Brooks has been appointed to that committee. Others will be, Governor’s Appointee (R. Cooper Shattuck), Secretary of State’s Appointee; Julie Sinclair, Attorney General’s Designee, Andrew Brasher; Speaker Appointees, Rep. Mike Ball, Rep. Lynn Greer, and Rep. Charles Newton; Pro Tem Appointees, Sen. Bryan Taylor; Sen. Arthur Orr; Sen. J. T. “Jabo” Waggoner; Probate Judge Association Appointee, Judge Bill English (Lee County); Alabama District Attorney’s Association Representative (to be appointed); District Attorney of the 15th Judicial Circuit Designee, Daryl Bailey; Alabama Bar’s Representative, Greg Butrus. There are still anointments to be made and no formal date has been set for meetings.
Even with the Siegelman and bingo trials in the rearview mirror, it would seem most voters and many republicans and democrats in the state legislature seem to be unaware of the loopholes in the campaign finances laws.
While the GOP has been quick to say that the ambiguities in the new laws are unintentional, it is also clear that no urgency was proclaimed in the two legislative session since the “sweeping reforms” were enacted.
Somewhere, inshrined in the idea of transparency there should be the concept of accountability not just when voters are looking but more often when they are not.
Jones says Senate race a choice between “substance and leadership, and nothing”
“One of the great disappointments in this campaign is that Alabama is not really getting choices between substance and substance,” Jones said.
Speaking outside the Calhoun County Democratic Party headquarters in Anniston on Friday, Sen. Doug Jones, D-Alabama, told a group of supporters that Alabamians haven’t gotten a look at what his Republican opponent might do if he wins the Nov. 3 election.
“One of the great disappointments in this campaign is that Alabama is not really getting choices between substance and substance,” Jones said. “They’re getting a choice between substance and leadership, and nothing — nothing. We have not heard anything from Tommy Tuberville about what he really wants to do.”
While Jones has held numerous interviews with the media, and regular web briefings over the summer and in recent weeks, Tuberville’s campaign seems to prefer the safety of keeping Tuberville from making possible gaffs or damaging statements in interviews.
Tuberville hasn’t agreed to interviews with traditional media outlets, or to debate Jones, and instead has focused on conservative talk radio spots, speaking to smaller Republican groups and at private parties.
Tuberville’s campaign has ignored or denied our numerous attempts to interview Tuberville, including another request on Friday. He also declined to attend a student forum held at Auburn University on Wednesday, which Jones attended. The forum was sponsored by the Auburn College Republicans and College Democrats.
“If you ever hear something Tommy Tuberville says, it is just simply this: ‘Build a wall. No amnesty. Drain the swamp.’ That ain’t him. That’s Donald Trump,” Jones said. “He cannot think for himself. He doesn’t think for himself.”
Jones spoke of his record of working to help veterans through legislation. And he referred to Tuberville’s nonprofit for veterans and reporting that indicates, through tax records, that less than a third of the money raised for Tuberville’s charity went to help veterans.
“I don’t just create charities and send only pennies on the dollar. I do things for the veterans of this state and this country,” Jones said.
Jones also made a case for Alabamians to remember the contributions past Democrats made in the state. Jones said it was Democratic Sen. John Sparkman who helped build Alabama’s Redstone Arsenal.
“It was a Democrat, Lester Hill, who built the rural hospitals around here that Donald Trump and Mitch McConnell and Tommy Tuberville are trying to destroy,” Jones said. “It was Howell Heflin who built up agriculture in this state. Those are the Democrats. It was Franklin Rosevelt that put electricity in this state. We’re going to do the same thing for broadband. People forget those things. They forget those things because we’ve let other people define us with lies.”
Jones plans to visit Jefferson County on Saturday, then on to the Black Belt and Mobile on Sunday with another stop in Birmingham on Monday afternoon.
“The goal is to get everybody out. That’s the thing if we want to continue to ensure Alabama moves forward — moves forward and not backwards, to continue to have somebody, if I do say so myself, somebody that’s just not going to damn embarrass us,” Jones said.
“We’ve had too much of that in Alabama,” Jones said, “and I bet you it won’t be a year that Tommy Tuberville would be an embarrassment to this state because he doesn’t know the issues. He doesn’t know what to do, and he’s dang sure not going to know what to do when Donald Trump is not president of the United States.”
Jones encouraged supporters to be skeptical of recent polling. One such recent poll, by Auburn University at Montgomery, puts Tuberville ahead of Jones by 12 percentage points, 54 to 42.1. An internal poll by Tuberville’s campaign puts Tuberville ahead by 15 percentage points, while an internal poll from the Jones camp put Jones ahead by one percentage point.
“Don’t listen to these polling folks that come in, and they don’t know Alabama, and they don’t know what they’re doing. We’re tracking this race, and I can tell you, everything has been moving in our direction the last two months,” Jones said.
People standing along roadsides holding his signs and showing support, Jones said, is “the energy we’ve got out there. That’s what you can’t poll.”
Ellen Bass of Anniston, standing outside the Calhoun County Democratic Party headquarters just after Jones spoke, told APR that she has numerous Republican friends who are voting for Jones.
“My hat’s off to them because they’re coming out,” Bass said. “They recognize that he is a better candidate.”
Ciara Smith, 21, newly elected to the Anniston City Council, told APR outside the headquarters building that Jones is the better candidate.
“I think that he’s educated. I think that he speaks with passion and heart,” Smith said. “And he knows what he’s talking about, which is important, and which is more than we can say about the other candidate.”
Speaking to APR after his speech to supporters, Jones said that he feels very good about the state of his campaign.
“Everything we’re seeing is moving in our direction,” Jones said. “And the more he stays hidden, the better it is for us.”
Inmate assault injures two St. Clair prison correctional officers
The assaults happened at approximately 7:30 p.m. and both officers were taken to a local hospital and treated for those non-life-threatening injuries.
Two correctional officers at St. Clair Correctional Facility were injured in an inmate-on-officer assault on Monday, the Alabama Department of Corrections confirmed to APR.
Among the two officers who sustained non-life-threatening injuries was a basic correctional officer (BCO), a position created in May 2019, who are not Alabama Peace Officers Standards and Training Commission (APOST) certified and who cannot transport inmates, work perimeter fencing or in towers.
The other officer injured was a full correctional officer, Alabama Department of Corrections spokeswoman Samantha Rose told APR in a message Friday. The assaults happened at approximately 7:30 p.m. and both officers were taken to a local hospital and treated for those non-life-threatening injuries and subsequently released, according to Rose.
“The ADOC condemns all violence in its facilities, and the actions taken by the inmate against ADOC staff are being thoroughly investigated,” Rose said. “As the investigation into this incident is ongoing, we cannot provide additional detail at this time. More information will be available upon the conclusion of our investigation.”
The ADOC created the new basic correctional officer position to bolster the state’s woefully understaffed prisons. The creation of the position was also at the suggestion of experts ordered by a federal court to study the department’s staffing problems, ADOC attorneys wrote to the court in a filing in 2019.
The ongoing lawsuit is over the state’s handling of mental health in prisons.
The Southern Poverty Law Center and the Alabama Disability Advocacy Program filed the 2014 suit arguing the state was indifferent to the health of inmates dying by suicide in greater and greater numbers.
Attorneys for the plaintiffs in June argued that ADOC was far behind on the court-ordered hiring new additional officers. It has been more than two years since U.S. District Judge Myron Thompson ordered the Alabama Department of Corrections to hire an additional 2,000 correctional officers by 2022.
U.S. District Judge Myron Thompson in a previous opinion wrote that prison understaffing “has been a persistent, systemic problem that leaves many ADOC facilities incredibly dangerous and out of control.”
“Taken together, ADOC’s low correctional-staffing level, in the context of its severely overcrowded prisons, creates a substantial risk of serious harm to mentally ill prisoners, including continued pain and suffering, decompensation, self-injury, and suicide,” Thompson’s previous opinion continued.
The SPLC in court filings late last year expressed concern over the use of basic correctional officers in Alabama’s overcrowded and understaffed prisons. ADOC attorneys have argued to the court, however, that BCO’s are adequately trained to do their jobs and are needed for the department to hire the necessary number of officers per the court’s timeline.
In a court filing on Thursday, attorneys for the plaintiffs asked the court not to again delay site visits to Alabama prisons by two experts who are tasked by the court to determine which positions should be filled by correctional officers and which by BCO’s and which by another new position, called cubical correctional officers, who are to have no direct interaction with inmates.
Those visits were to begin in May, but both parties in the suit agree to wait due to the COVID-19 pandemic and the threat it posed to the experts, who are particularly vulnerable to the disease due to “age and other factors,” according to court records.
Both parties again agreed to postpone those visits in June for those same reasons, those records show. ADOC seeks a third extension but attorneys for the plaintiffs argue that the experts can visit the prisons while keeping themselves, prison staff and inmates safe from harm of COVID-19 and that thousands of employees and contractors enter Alabama prisons daily.
The plaintiff’s attorneys argue in the court filing that the expert guidance is needed because ADOC wishes to use BCO’s and cubical correctional officers to comply with the court-ordered hiring of additional staff by Feb. 20, 2022.
“Ensuring adequate staffing is of upmost importance to address the constitutional violations underlying mental health care within ADOC,” the plaintiffs’ attorneys wrote to the court Thursday.
ADOC in May was employing 494 BCO’s, a 57 percent increase in the number of BCO’s employed in Oct. 2019, according to ADOC’s staffing numbers. The number of correctional officers working in Alabama prisons fell by two percent during that time, dropping from 1,319 to 1,287.
Slow absentee voting in Tuscaloosa sparks outrage, possible legal action
Among the issues were incredibly long lines that left some voters waiting more than five hours and an inefficient process that managed to take in fewer than 100 absentee ballots in six hours.
Long lines and slow absentee ballot processing in Tuscaloosa County have left voters outraged and incumbent Sen. Doug Jones’s campaign threatening legal action.
On Wednesday, Jones’s campaign attorney, Adam Plant, sent a letter to Tuscaloosa County Circuit Clerk Magaria Bobo, outlining a number of issues with ongoing absentee voting and promising to take legal action if Bobo doesn’t improve the process on the final day, Friday. Among the issues documented by Plant were incredibly long lines that left some voters waiting more than five hours and an inefficient process that managed to take in fewer than 100 absentee ballots in six hours.
Additionally, Plant noted that Bobo has hired her family members to help process absentee ballots and at least one family member had made disparaging remarks on social media about voters.
“You and those acting on your behalf are suppressing the vote of qualified Alabama voters,” Plant wrote in the letter. “If you are unable or unwilling to execute your duties competently, and allow Tuscaloosa voters to exercise their voting rights without undue burdens, we will take further action.”
In an interview with the Montgomery Advertiser on Wednesday, Bobo noted that her office had received more than 13,000 requests for absentee ballots — a remarkable uptick from the 3,000 or so her office usually receives — and there had been problems in managing that number of ballots while also adhering to social distancing guidelines within the office.
However, as Plant’s letter notes, the massive increase in absentee ballots for this election shouldn’t have been a surprise. Also, Secretary of State John Merrill had made additional funds available to absentee managers to facilitate hiring extra staff, purchasing additional computers and staying open for longer hours to accommodate the anticipated increase.
In a press release on Wednesday, the Alabama Democratic Party criticized Bobo and her family members, and the release included screenshots of Facebook posts from Bobo’s daughter lashing out at voters who complained about the long wait times.
“No voter should have to wait in line for hours to exercise their rights,” said ADP executive director Wade Perry. “We should leverage every tool we have to make voting easier, not harder. Also, it should go without saying that election workers should not insult the very people they are employed to serve. If Ms. Bobo is incapable of processing voters quickly, someone else needs to do the job.”
Jones campaign calls Tuberville a “coward” after no-show at Auburn forum
“Tuberville is hiding because he knows that on every front — policy, experience, character, competence — he loses to Doug Jones. Hands down,” Jones’s campaign said.
There are only four days left before election day, and incumbent Democratic Sen. Doug Jones’s re-election campaign is slamming Republican challenger Tommy Tuberville, accusing him of “hiding” and calling him a “coward.”
On Wednesday, Jones addressed an Auburn University forum. Tuberville did not attend.
“Tonight, the College Democrats and College Republicans at Auburn University co-hosted a debate between Doug Jones and Tommy Tuberville, offering students a chance to ask the candidates about the issues that matter most to Alabama,” the Jones campaign said in an email to supporters. “But Tuberville never showed up – he’s too scared to face Doug… even on his own home turf. Tuberville has repeatedly refused to debate Doug Jones. He’s consistently refused to be interviewed by the press. He’s refused to tell Alabama the truth about who and what they’re voting for – and it’s clear why.”
“Tuberville is hiding because he knows that on every front — policy, experience, character, competence — he loses to Doug Jones. Hands down,” the campaign continued. “If he won’t tell the truth, we will. Tuberville expects to win this race off of his blind allegiance to the President and his party affiliation. But Alabamians know better.”
“People deserve to know who they’re really voting for if they vote for Tuberville: someone who … won’t protect our health care, doesn’t believe in science, has no idea what the Voting Rights Act is, and doesn’t care about the lives and livelihoods of Alabamians,” the Jones campaign concluded. “Alabama will never elect a coward. Pitch in now and help us spread the truth about the man hiding behind the ballot.”
“I am disappointed that Tommy Tuberville is not here,” Jones said. “I think it is important that people see two candidates side by side answering the same questions.”
Tuberville meanwhile is canvassing the state, speaking to rallies and Republican groups to turn out the Republican vote for himself and President Donald Trump. Tuberville spoke at Freedom Fest in Madison County on Thursday and at the Trump Truck Parade rally in Phenix City.
“It’s time Alabama had a U.S. senator who represents our conservative beliefs and traditional values,” Tuberville said in Phenix City. “It’s time Alabama had a U.S. senator who supports the Second Amendment, the right to life, and putting God back in the classroom.”
Polling consistently shows Tuberville with a commanding lead over Jones. Real Clear Politics lists the race on their current board as a likely Republican win. FiveThirtyEight’s election model gives Tuberville a 79 percent chance of defeating Jones.