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Gonzales Speaks To University of Alabama Law Students (Part II)

Brandon Moseley



By Brandon Moseley
Alabama Political Reporter

On Tuesday, former U.S. Attorney General under President George W. Bush addressed students, faculty and the public at the University of Alabama’s School of Law.  Judge Alberto Gonzales was brought in by the Alabama Republican Party and was hosted by the University of Alabama Law School.

Gonzales said, “History is being made every day there,” talking about the White House.

Gonzales said that that the White House legal staff made their recommendations based on their best understanding of the law at the time; but sometimes the courts disagreed with the White House interpretation of the law.  Gonzales said that it was hard to walk in to tell the President that your advice was rejected by the courts; but Bush was a “good client.”  He would accept the loss without anger and say, ‘that is what the courts are for.’  Gonzales said that he had many experiences as White House Counsel including actually being in the Operations Room at the beginning of the start of the Iraq War.

In 2004 U.S. Attorney General John Ashcroft resigned in 2004 and Pres. Bush appointed Gonzales to replace Ashcroft as AG.  Gonzales would remain in the role of the nation’s top lawyer until August 2007.  Gonzales said that the two greatest legacies of the Bush administration are the War on Terror and Bush’s two appointments to the Supreme Court: Justices Alito and Roberts.  Gonzales said that the War on Terror is not over with yet and how it is viewed by history will be determined by what comes about in its aftermath.  Will Democracy take hold in the Middle East?  What happens next?  Gonzales said that he was very involved in both of those two major areas of the administration.

UA student Joseph Seigelman asked Judge Gonzales several questions about the prosecution of his father, former Alabama Governor Don Seigelman (D).  Joseph Seigelman asked if it was appropriate for the spouse of U.S. Attorney for North Alabama that prosecuted Gov. Seigelman to be involved in the Bob Riley campaign.  Former AG Gonzales said, “I am not going to interject myself into that decision.  That kind of charge would go to the Office of Professional Responsibility” not the Attorney General himself.  Gonzales said, “Nobody ever lobbied me or asked me to get involved,” in the Seigelman investigation.  Gonzales said that the U.S. Department of Justice has 105,000 employees and of those only 400 are political appointees.  “Its dangerous for a US Attorney to make a decision on personal grounds.  It did not happen in this case.”  AG Gonzales said, “I made the decision I thought was appropriate.  I let the career professionals make the decision,” (to prosecute Governor Seigelman).

AG Gonzales did complain about the Politicization of the office Attorney General.  “Do I think there is a political bias? Yes I do.”  Gonzales said that the people who were criticizing him were Democrats and the people who are investigating AG Holder are Republicans.  Gonzales said that when there is a real issue that is fine; but 97% of the criticism that he and the Bush administration got for the firing of the Clinton appointed U.S. attorneys was just political.  AG Gonzales said, “When there is so much at stake people fight and sometimes they fight dirty.”

One student asked about the Sen. Ted Stevens (R) from Alaska prosecution where a Justice Department Internal Probe threw out the case before sentencing because it found gross prosecutorial misconduct.  Sen. Stevens narrowly lost reelection following the guilty verdict, but before the sentencing.  AG Gonzales said that he was shocked and was angry about the revelations of prosecutorial misconduct.  Gonzales said that whenever the department lost a major case or a judge suggested the Departments attorneys acted inappropriately, “I called the head of the criminal divisions.”  Gonzales said he was, “I had the same reaction,” as the public about the case.  He said he was shocked, disappointed, and surprised by the findings.  (The Stevens indictment and trial occurred in 2008, over a year after Gonzales left the Department of Justice).


Gonzales said, “As the Attorney General you are not going to weigh in on every prosecution.” Gonzales said as AG you are involved in looking at so many situations that you really can’t do more than ask the Deputy Attorney General to look at the details of a situation and hope that the appropriate people looked into it.

Judge Gonzales told that young law students: “As you get older that question you ask more and more is: Are you going to make a difference?  Make time out in your career for public service.  It is going to make you a better person and a better lawyer.  We need good people.”  Gonzales admitted that being in the arena comes with a price.  “I have been there. I have been knocked down. I have been bloodied.”

‘The Alabama Political Reporter’ asked Judge Gonzales  about renewed calls from President Barack Obama, Senator Diane Feinstein, and former Supreme Court Justice Paul Stevens calling for new restrictions on Americans’ right to bear arms.  Jude Gonzales said, “I support Gun rights.  Now do people have rights to own a bazooka or a tank? No they don’t.  There is room for some regulation of the sorts of weapons that people can own.  The constitution does protect the right of citizens to own certain weapons.”

‘The Alabama Political Reporter’ asked Judge Gonzales: President Bush and Senator McCain both proposed immigration reforms which would have legalized more illegal aliens while stiffening border security.  Those efforts were defeated in the Congress by more border hawkish elements in the Republican party led by Rep. Tom Tancredo (R) from Colorado.  Did extremism by certain Republicans drive a wedge between Hispanic voters and the Republican Party leading to electoral disasters like the electionns of 2006 and 2008 where Republican lost control of both Houses of Congress and the presidency?   AG Gonzales said, “No there were lots of reasons for the defeats of 2006 and 2008 and part of that is the economy.”  Judge Gonzales said that he was concerned that Republicans rhetoric is driving Hispanic voters away.  Republicans need to be aware of their rhetoric and what they say.  Gonzales said, “Even American citizens in the Hispanic community have friends and know people who are illegal aliens.”

Judge Gonzales said that he was not intimately familiar with Alabama’s immigration law; but that we did not need a “piecemeal immigration policy” set by 50 different states.  Gonzales said, “Obviously when states take action it is in response to cries of people.”  Gonzales said the reason why states take action is because of a, ”Failed immigration policy at the federal level.”

Gonzales said that there was a lot of support for giving children who were brought to this country illegally through no fault of their own some sort of pathway to legal residency.  That issue had been driving the immigration reform debate. When President Obama gave those young people legal residency by executive order it took pressure off the issue, making immigration reform actually more difficult.   “I support the objective but not the method.”  Gonzales said that he was not optimistic about comprehensive immigration reform passing any time soon.  Gonzales said, “We need to know who is in this Country and why.”

Judge Gonzales said, “I am in favor of voter id laws.  How can you live in this society without a photo id?  If somebody told me I couldn’t vote because I didn’t have a photo id, I would get a photo id.  As a former Secretary of State I believe in the sanctity of the vote.”

Since January, former Attorney General Alberto Gonzales has been the Chair of Law at Belmont University in Nashville, Tennessee.

Judge Gonzales also addressed students and faculty at the Cumberland Law School at Samford University in Birmingham earlier on Tuesday.




Inmate at Elmore prison dies after attack from another inmate

Eddie Burkhalter



A man serving at the Elmore Correctional Facility died Wednesday after being assaulted by another inmate, the Alabama Department of Corrections confirmed Thursday. 

Jamaal King, 33, died Tuesday from injuries he received after an attack from another inmate, ADOC spokeswoman Samantha Banks wrote in a message to APR.  

“The ADOC condemns all violence in its facilities, and the fatal actions taken against King by another inmate are being thoroughly investigated,” Banks said in the message. 

King was serving a 22-year sentence after being convicted of murder, according to ADOC. His exact cause of death is pending an autopsy.


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Alabama includes antibody test results in total test counts

Chip Brownlee



The Alabama Department of Public Health is combining some antibody test results with diagnostic test results in its total tested count on the state’s public coronavirus dashboard, potentially complicating the picture of the virus’s spread.

Alabama State Health Officer Dr. Scott Harris said Thursday that some antibody test results have been included in the state’s “total tested” count on its public dashboard, but that the state is working to separate the two categories of tests.

“I think the total number does include some antibody tests, although I’ve asked our staff to sort of ferret those out and start reporting those separately,” Harris said.

Diagnostic PCR tests, which are the vast majority of tests performed currently, check for a current infection, while antibody tests, which use blood and are sometimes called serologic tests, check for a past infection.

The acknowledgment that Alabama has combined the two types of tests on its public dashboard comes after several states faced a backlash from public health experts who say the two types of tests should not be combined.

Combining the two types of tests muddies the picture and could mislead the public and policymakers about where and when the virus spread. Depending on how many antibody tests have been included, it may also falsely inflate the total tested count.

Several other states — including Texas, Virginia and Vermont — said they also recognized the issue and have been working to fix them. The CDC also came under fire for combining the two types of tests in its public reporting of testing numbers.

Harris said he was not sure how many antibody tests have been included in the total tested category, but that the state is working to separate the tests into two different counts.


“I’m not sure what that number is but we’re going to start reporting that separately just to make that clear to the public,” Harris said.

The state health officer also said the state does not use antibody test results to calculate the percent of tests that are positive, an important metric used to determine if the state is doing enough testing and if increased cases are the result of increased testing or community transmission.

“When we look at the percent of positive tests, those are not including antibody tests at all. We’re only looking at people who were tested with a PCR (diagnostic) test to see if they were actively infected,” Harris said during a live-streamed town hall with U.S. Rep. Terri Sewell Thursday. “And so that percent positive rate, which is the one we’re monitoring the most, is the one that does not include the antibody tests.”

On Wednesday, the CDC urged caution when seeking antibody tests because the tests could be wrong up to half of the time.

The CDC also warned that antibody tests are not accurate enough to use to make public policy decisions or personal safety decisions, despite calls from some policymakers who say the tests can be used to give people an all-clear to return to normal life.

Experts warn that getting a positive antibody test should not be taken as a license to think you are now immune from the virus. There is limited evidence about how long immunity lasts, and the test could be a false positive.

“Serologic testing (antibody testing) should not be used to determine immune status in individuals until the presence, durability, and duration of immunity is established,” the CDC said.

The CDC also cautioned against using antibody tests to make decisions about returning to work or school.

“Serologic test results should not be used to make decisions about grouping persons residing in or being admitted to congregate settings, such as schools, dormitories, or correctional facilities,” the CDC said. “Serologic test results should not be used to make decisions about returning persons to the workplace.”

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Alabama health officer: More testing doesn’t account for spike in cases

Chip Brownlee



Alabama State Health Officer Dr. Scott Harris said Thursday that the spike in new COVID-19 cases over the last two weeks is not totally attributable to increased testing and that the Alabama Department of Public Health believes there is ongoing, widespread community transmission of the virus.

“We’re extraordinarily concerned about the numbers that we have been seeing,” Harris said. “We know that ADPH and partners we work with have managed to increase the number of tests we’re doing throughout the state, but that doesn’t account for the case numbers that we’re seeing, or certainly doesn’t completely account for it.”

Harris said the state has identified a number of growing hotspots, including in Montgomery County, Tuscaloosa County and Walker County, where spikes in cases are not attributable to increased testing but rather outbreaks connected to businesses, nursing homes and widespread community transmission.

“We know that we continue to have community transmission going on in many parts of the state,” Harris said on a Facebook town hall with U.S. Rep. Terri Sewell. “We certainly identified many hotspots. …Sometimes we understand the reasons. Sometimes we do not. But clearly there’s a lot of disease transmission still going on.”

Harris said the increased daily case counts — which are increasing faster than 46 other states — should serve as a reminder that social-distancing recommendations must be followed, people must wear masks when out in public and people should avoid large crowds, even if those actions are not mandated by the government.

“Now more than ever, now that people are out in public, this is the time when they really need to follow those rules, those guidelines,” Harris said. “We need people to stay six feet apart, or more, from folks who aren’t in their own household. When people are going out into public, and particularly in indoors, perhaps into businesses or in other places, where they’re mixing with other people, face coverings, mask of some kind, are imperative and absolutely everyone needs to do that.”

The state health officer, who leads Alabama’s Department of Public Health, said the state was very concerned by photos and videos of massive crowds not wearing masks on Alabama’s beaches and Gulf restaurants over Memorial Day weekend.

“We did not like that at all,” Harris said. “I had conversations with local officials there about them and they certainly recognize and understand the dangers of that as well. They have done their best to use law enforcement to try to enforce that to the extent they can. But ultimately, we need the public to accept this. And to do this, we need the public to buy in and understand.”


Over the past two weeks, Alabama has confirmed an additional 5,080 cases, bringing the total number of confirmed cases up to 16,181. About a third of the state’s cases have been confirmed in the two weeks since the state relaxed restrictions on bars and restaurants on May 11.

Seven- and 14-day rolling averages, used to smooth out daily variability in reporting, are higher than during any point in the outbreak, meaning more new cases per day are being confirmed than ever before.

There has been no comparable increase in testing. Alabama broke 200,000 total tests performed on Thursday. But over the past 14 days, about 4,004 tests per day have been performed, on average. Over the previous 14-day period, ending May 14, the average number of tests per day was roughly the same at 4,032.

Meanwhile, the percent of tests that are positive has been rising after dropping to as low as 3 percent on May 1, based on 7-day averages of increases in tests and cases. The same metric rose to 10 percent by Wednesday.

Over the last 14 days, at least 117 people have died from COVID-19. On Thursday, the number of deaths attributable to the virus rose to 590.

“Those numbers do sound like numbers, they’re statistics,” Harris said on another Facebook town hall with Sen. Doug Jones. “But it’s really important to remember that every one of those numbers is a person. They’re someone’s parent or child or brother or sister. And so we never want to lose sight of the fact that we are having Alabamians who are dying from COVID-19 disease.”

Harris said the rise in cases is worrisome, and the state expected some rise after lifting the state’s stay-at-home order and loosening restrictions on businesses and gatherings.

“We’re going to need people to be more careful than ever,” Harris said.

Harris repeatedly emphasized the importance of wearing masks when out in public and said maybe public health officials need to do more to emphasize the importance of masks.

“People feel like a mask just protects me, and if I’m not worried about getting sick, then why should I wear a mask?” Harris said. “But a mask is how you protect other people.”

A mask controls your own coughing or sneezing or other symptoms — or just transmitting it because you’re talking or yelling or spitting. Such precautions are important because at least a quarter of people and maybe as many as a third of people who are infected and can infect others won’t have any symptoms at all.

“So, it’s certainly possible that you can be infectious to other people and not even know it,” Harris said. “So that’s what a mask is for. A mask, in my mind, is good manners. A mask is how you show that you care about people in your family or in your community, particularly those people who are very vulnerable, or seniors or people with chronic health problems.”

Masks are also important even when not around vulnerable people because you could spread the virus to someone else, who then unwittingly could spread it to a nursing home or extended care facility.

In Tuscaloosa County, DCH Health System has seen the number of hospitalizations from COVID-19 more than double over the course of a week, in part because of an outbreak at a long-term care facility in the county and in part because of community spread, Harris said.

Similar outbreaks at long-term care facilities in Elmore County, Butler County and a workplace in Walker County and Franklin County have contributed to rising numbers, Harris said.

“Some of those are outbreaks,” Harris said, “and yet again, those are still attributable to community spread. The people in the nursing home didn’t go out into the community and catch it. Someone brought it into them. There has to be transmission going on in the community for that to happen. We need to find a way to get people to take this seriously.”

Harris said the Department of Public Health is not aware of any particular origin for the rising cases in Montgomery County, however, and that officials believe the rise is largely due to widespread community transmission and in part due to increased testing.

But the increase in cases also accompanies a rise in the percent of tests that are positive in Montgomery County, despite increased testing there. There has been some controversy about Montgomery Mayor Steven Reed saying no ICU beds were available in the city, but Harris said he was “absolutely correct.”

“There were no ICU beds available,” Harris said. “We talked to the hospitals immediately upon learning about that. I think their response was that that’s correct. However, they do have some internal capacity, when they need to do it, to expand the space that they have available and take care of critically ill patients.”

In Montgomery, that has involved treating critically ill patients in emergency rooms and retrofitted ICU units, a Montgomery area doctor told APR earlier this week. But there remains a shortage of ICU beds.

“I think that the message that we want to be careful about putting out there is: clearly those hospitals have higher numbers, they have you know their normal beds filled, and yet the public sometimes hears that and thinks well if I have a heart attack, I don’t have a place to go or they’re going to turn me away if I show up because the hospital’s full, and that’s not the case,” Harris said. “And so we want people to understand they certainly still can continue to seek care, just as they always would for any kind of a problem. They should do that. They certainly shouldn’t try to sit at home if they’re concerned about a certain thing.”

But if numbers continue to rise, the situation could become a dire problem.

“If numbers go up, they can’t do that forever, and then we’ll have to have to make other arrangements,” Harris said.

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Opinion | Dodge the Economic Impact Payment card fees

Joey Kennedy



My wife received her $1,200 stimulus payment as a direct deposit several weeks ago. I did not get one, even though we file a joint income tax return, she makes more money than I, and our money is deposited into the same bank account.

I just figured there was some kind of mix-up. That’s fine; mostly I’m patient when I’m getting “free” money. I’m not teaching this summer, so the money will come in handy when it comes.

Then this week, a lawyer friend and his wife received their stimulus money on a prepaid debit card. Luckily, my lawyer friend is a lawyer. He always reads the fine print.

More than likely, I would have thrown the fine print part of the stimulus in the trash, and maybe the debit card, too, because the whole thing looks like some sort of scam. And my friend says that in some ways, it is.

About 4 million of the debit cards were sent out by “Money Network Cardholder Services,” with a return address in Omaha, Neb. They are issued by MetaBank, N.A. There is no indication on the envelope that this is indeed the stimulus money approved by Congress. There is a flier inside that says “Enclosed is your Economic Impact Payment Card.” According to reports, the debit cards have been tossed into the garbage by people who think they are some elaborate scam or a solicitation for one of those high-interest credit cards.

They are valid, and your money is loaded onto them for you to spend like any Visa card. Except there are some catches, and this is what my friend is miffed about. He believes unsophisticated folks (that could be me) and marginalized people who receive the cards will succumb to the various fees that an unaware card user can incur.

Most services have no cost. Buy what you want, call for a balance inquiry, transfer the funds to your personal bank account, and use in-network ATMs that carry the AllPoint brand and you won’t be charged.

However, there are fees for using out-of-network, domestic ATMs ($2 after the first withdrawal), $3 for ATM withdrawals in another country, even getting a balance from your ATM, either in-network, out-of-network, domestic and international (25 cents a pop).


If your card is lost or stolen, you’ll pay for that as well. It’ll cost $7.50 for a new card, and if you want it expedited, that’ll be $17. If I lose my bank’s debit card, or if the card is stolen (both of which have happened to me), my bank replaces the card for free in about five days. If you lose your “economic impact payment card,” it could cost you $24.50 to have it replaced in a timely manner.

And here’s where you can really run up charges: If you use a bank teller for a cash withdrawal on the card, there’s no charge for the first withdrawal, but $5 for subsequent withdrawals using a teller.

If only a small percentage of users end up paying fees because they used the wrong ATM or prefer to get their cash from a human teller, that could add up to millions of dollars for somebody up the line, and that somebody is not going to be you or me.

I’m not complaining. I’m just urging caution if you’re one of the millions of people who received one of these debit cards. Be aware they are coming and don’t fall into the fee-trap that comes with them.

I’m no financial wiz – my family and friends can attest to that – but if I get one of those debit cards, I’m just going to transfer the whole amount into our checking account. If you don’t have a bank account, and many people don’t, I would just cash it out then cut up the card.

But be aware these cards are going out, and if you’re waiting on your stimulus check, you might get a debit card instead. Don’t throw it away. Buy something. It’s what they want you to do.

Joey Kennedy, a Pulitzer Prize winner, writes a column each week for Alabama Political Reporter. Email: [email protected]


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