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Bill Britt

Spinning a Web of Excuses

Bill Britt

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By Bill Britt
Alabama Political Reporter

MONTGOMERY—As the dominos continue to fall in the Lee County Grand Jury investigation, the spin doctors are weaving a tale of political persecution, grand jury leaks and special interests attacks.

After the indictment and arrest of Rep. Barry Moore, R-Enterprise, Speaker Mike Hubbard issued a statement through his white collar criminal defense attorney J. Mark White. In the statement White said, “We totally support Representative Moore being given the opportunity, guaranteed by the laws of the State of Alabama, to demonstrate his innocence and that he is the unfortunate victim of the abuse of power.”

Everyone should agree that Moore deserves the opportunity to demonstrate his innocence.

But, how is Moore, “…the victim of the abuse of power?”

Moore lied to a Grand Jury, perjured himself and made false statements. That is clear from the indictments and the tapes that are extremely clear.

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White’s insinuation that there is something untoward happening in Lee County would seem outrageous on its face. Beyond the fact that it is unusual for Hubbard’s attorney to be commenting on Moore’s arrest and indictment, it is highly suspect that White would be making accusations that the State’s indictment of Moore is politically motivated.

Early on, Hubbard toted out this spin, telling anyone who would listen that the Attorney General wanted to be Governor in 2018, and that he stood in “Big” Luther’s way of ascending to the Governor’s mansion.

Hubbard has stated publicly, “They want me out of play because they fear I may run for governor in 2018.”

Accusing  prosecutors of using their positions for personal political gain is a strategy often employed, but seldom effective. The fact that Strange recused himself early on, when there was little evidence that Hubbard was in real trouble, or the fact that Strange could go to jail for obstruction of justice if he in anyway inserted himself into this case, is left out of the dubiously reasoned argument proffered by Hubbard and his attorney.

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Hubbard wants people to believe that this is all a political ploy (as darkly insidious as the ones he has employed against anyone who dared to stand in his way).

He has also stated, “It’s political. I’m under political attack … by people who are desperate and will try to do anything to get me defeated, or hurt me and my family.”

White originally said he was hired by Hubbard to investigate those who were making defamatory statements about Hubbard and his family. White, even while defending Moore, has not yet acknowledged any change in his mission.

When White first announced his intention to send “letters” to anyone defaming Hubbard or his family, I called White to ask if I should wait by my mailbox for a letter. He said that I would not be receiving a letter from him. Only two people have ever been know to have received a letter from White and as of yet, nothing has been done to follow-up on White’s threats. The only lasting effect of White’s earlier spin and threats, has been to muzzle the establishment press.

Now, Hubbard and White are bringing out the concept of a political prosecution as the next line of defense. The idea of prosecution for political proposes is a catch-all for most endangered politicians. When crimes come to light, it is invariably political enemies behind “baseless” attacks.

In 1998, Hillary Clinton appeared on the Today show to talk about the vast right-wring conspiracy against her husband during the Ken Starr investigation. Clinton told host Matt Lauer,

“This is—the great story here for anybody willing to find it and write about it and explain it is this vast right-wing conspiracy that has been conspiring against my husband since the day he announced for president. A few journalists have kind of caught on to it and explained it. But it has not yet been fully revealed to the American public. And actually, you know, in a bizarre sort of way, this may do it.”

Lately, Hubbard and his attorney seem to be  reading from the Clinton play book. Or perhaps they are looking homeward to former Gov. Don Siegelman who has long claimed that his prosecution was politically motivated. Siegelman, pointed at political operatives Karl Rove and Billy Canary, (Speaker Hubbard’s personal friend and head of the Business Council of Alabama), as behind his political prosecution.

But why is a lawyer, who is supposed to be defending Hubbard and his family against false accusations, speaking out for Moore.

In White’s statement defending Moore he says that, “Speaker Hubbard wants nothing more than to ensure that the law is followed fairly and is free of political and personal influence.”

The perjury and making false statements charges against Moore are relayed to Moore’s, denying that he had communicated threatening statements to Josh Pipkin. Pipkin, who is running in the Republican primary to unseat Moore in House District 91, recorded their conversations.

In Alabama it is legal to record a conversation even if the other person is unaware of the fact that they are being recorded.

In a tape recorded conversation between Moore and Pipkin, Moore explains Hubbard’s  willingness to stop approximately 100 jobs coming to District 91, if Pipkin continued his challenge to Moore in the Republican primary. Pipkin, being an attorney, would have realized that making such threats is illegal. If the threats are proven to have actually been made by Hubbard, then the Speaker could be in very deep trouble. Threatening another individual is a very serious crime.  A threat is basically a warning of an individual’s intend to perform a malicious act. Even if the threat is not acted upon it is a prosecutable offense.

While Hubbard speaks of political prosecution he is possibly guilty of political repression of a Republican candidate by way of threat. This is certainly part of why Hubbard’s attorney wants to defend Moore in much the same way Hubbard defended disgraced lawmaker, Greg Wren, who is most likely a witness in any prosecution against Hubbard.

White also tries to cast doubt on the Grand Jury proceedings saying, “The Grand Jury process is sacred and is supposed to be accomplished in total secrecy in order to protect the good name and reputation of those falsely accused.”

For months, White and Hubbard have tried to forward the notion that somehow there are leaks in the Grand Jury proceedings. Somehow Hubbard and White want people to believe that if a news outlet reports a factual account of potential wrong doing, then there must be a leak. Or if anyone is reported as being in Lee County on a given day there is some kind of leak. This is the kind of game White is known for, if he can’t woo the press to do his bidding (which is most often the case), then he will demonize the reporter or the press.

People who understand the roll of investigative journalism and law enforcement know that in many cases, it is the press that first uncovers wrong doing and then the prosecutors follow those stories to see if crimes has actually been committed.

Most reasonable people know that anyone —including a member of the press— may visit a courthouse or drive through the parking lot to see who might be inside.

Is it a leak if a legislator drives his truck to a Grand Jury hearing with a Reelect “so-in-so,” on the tailgate of his truck? Is it tampering with a jury if a citizen notices a lawmaker from North Alabama has his legislative ID hanging from his rear view mirror, in the Lee County Court House parking lot? No, it is not, but more than anything these are tactics used by criminal defense attorneys to cast doubt and raise questions.

White also stated in Moore’s defense, “The Grand Jury is supposed to be an independent body devoid of outside influence and should not be dictated by politics, political or personal feuds, or individual personalities.”

Again, White is setting up his defense of Hubbard, by using the Clinton/Siegelman strategy.

Like the disgraced lawmaker Greg Wren, Moore lied to the Grand Jury. Unlike Wren, Moore did not get a sweetheart deal to testify against Hubbard. Moore is a small-fry in the scope of the investigations, and a deal with perhaps some jail time may be in the offing for Moore, if he tells what he knows about the alleged Hubbard threats.

What is almost certain is that Hubbard and White will continue to howl political prosecution to anyone who will listen. Almost assuredly like Clinton and Siegelman, most will not listen. The spin will only be believed by those who put politics above justice or those who are paid propagandists or heavy Kool-aid drinkers.

No, it is not Luther Strange, or special interests, or certain news reporters who are after Hubbard. It is a thing called blind justice, the nemesis of criminals and the champion of all those who love truth.

Bill Britt is editor-in-chief at the Alabama Political Reporter and host of The Voice of Alabama Politics. You can email him at [email protected] or follow him on Twitter.

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Bill Britt

Opinion | Thinking: I’ll know it when I see it

“Have we accumulated so much knowledge that we know nothing?”

Bill Britt

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Lately, I’ve been adhering to the old adage, “If you don’t have anything nice to say, don’t say anything at all.” So, what have I been doing with all my free time? Thinking — or at least I think I’m thinking.

When I look over the political landscape here at home and across the nation, I see a great surge of self-interest, special-interest and “us versus them” loathing, but little in the way of what constitutes the common good.

Politics lately have more in common with the campfire scene in Blazing Saddles than a renaissance weekend in Charleston. All hot air and bluster and little fact or reasoning.

American politics have always been loud, factious, full of complexities and uncertainty, but these elements have generally led us to find consensus. Sometimes, it’s an uneasy truce but one that on the whole leaves us better and not irreconcilably divided.

However, today, tribal hatred in the form of political parties, a desire for one side to dominate the other and the widespread acceptance of “alternative facts” has reduced public policy to the equivalent of a high-stakes fight over which color M&M tastes best.

French-born philosopher, mathematician and scientist René Descartes wrote, “I think, therefore I am” as proof of his existence. Written originally in French and then Latin, it reads cogito ergo sum because I guess smart people in Descartes’ day wrote scholarly works in Latin.

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Today we use memes, YouTube videos and trucker hats to convey our deeply held convictions.

I’ve been thinking about another Latin phrase I’d like to see added to the lexicon of debate: non cogito ergo non sum. Roughly translated: “I don’t think; therefore, I am not.”

Of course, we know that there are a lot of unthinking people — many we call voters.

A trip to a big box store or any retail outlet with the word “dollar” in its name proves that the average citizen shouldn’t be trusted with making big decisions, like who will run the country. But the alternative is worse, so we let everyone have a say on Election Day.

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But because The People’s Republic of Walmart is a key voting block, the Constitution and individual states’ laws are there to check devotee’s lack of discernment. This is not to say that elites exercise greater intellect. Cable pundits and influential internet bloggers tell us that the nation faces multiple existential threats, not the least from people who use the word existential.

Merriam-Webster defines existential as “relating to, or affirming existence.” I defer back to big-box shoppers ergo ego emo: “I shop, therefore I am.”

Thinking is hard work and not for the faint of heart because reflection can reveal unpleasant truths or even cause us to realize that what we thought was true wasn’t.

In the early 1990s, a New York media mogul asked me what I thought the Internet might become in the future. I told him if we were lucky, every human-being would have access to a range of information to rival the Great Library of Alexandria. It could also, I said, be an enabling tool for global democracy. But then, I added, it would most likely be just a place for people to watch kittens and porn.

I used to think that moral wisdom and national interests depended on logical, coherent and precisely written words penned by studied minds. I believed this because The Ten Commandments carved in stone gave rise to a set of moral principles that shaped in part the ancient world and western civilization.

Our Nation’s Declaration of Independence, written with quill and ink, led to a new democratic republic in the United States and a model for the world over. Now the world’s most enduring democracy is often directed by tweets.

Have we accumulated so much knowledge that we know nothing?

Instead of inspired reason, will 220 characters do? Does writing in all caps make the thought better, or does the author think that readers are just too simple to understand their meaning without added emphasis?

Perhaps here, more Latin is needed. Cogito ergo non tweet. You guessed it: “I think, therefore, I don’t tweet.”

But nowhere is there less thinking than among those who know they are right because they are the chosen ones privy to all things conspiratorial.

In her book, Twilight of Democracy: The Seductive Lure of Authoritarianism, Anne Applebaum writes: “The emotional appeal of a conspiracy theory is in its simplicity. It explains away complex phenomena, accounts for chance and accidents, offers the believer the satisfying sense of having special, privileged access to the truth.”

Having spent most of my life around powerful women and men, I’ve learned that none are capable of grand schemes as imagined on the internet, and even fewer can keep their mouths shut. If there were a cabal of Catilines, they would not be found on FaceBook or the pages to the John Birch Society’s website.

Politicians will always rage, people will hate, but with a bit of good fortune, our state and nation will endure because a few souls will place the common good above self-interest and factions.

It’s not always easy to tell who is thinking and who is not, but as Supreme Court Justice Potter Stewart said when referring to hard-core pornography: “I know it when I see it.”

While I still don’t have many nice things to say, and I’m not sure my thinking matters at all, I will admit I have hope, that enduring belief that there is a chance that we can do better, and that we will.

I think.

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Bill Britt

Opinion | Let’s hope for Reed’s success

Reed’s temperament and style appear right for this moment in Alabama’s history.

Bill Britt

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State Sen. Greg Reed has been chosen as the next president pro tem of the Alabama State Senate.

State Sen. Greg Reed, R-Jasper, will lead the Alabama Senate as president pro tem during the upcoming 2021 legislative session. What changes will Reed bring to the upper chamber, and how will his leadership differ from his predecessor? No one knows for sure.

Reed succeeds Sen. Del Marsh, who has served as president pro tem since Republicans took control of the Statehouse in 2010. Marsh, along with then-Gov. Bob Riley, current felon Mike Hubbard and ousted BCA Chair Billy Canary orchestrated the 2010 takeover that saw the Republican rise to dominance.

Reed, who won his Senate seat the same year, was not a charter member of the Republican ruling class, but he benefited from the power sift.

Mild-mannered and studious with a quiet charm, Reed has steadily ascended the ranks of Senate leadership. His silver hair and calm determination have served him well. Reed is a senatorial figure straight out of Hollywood’s central casting.

In all, Reed is nearly universally liked and respected, which in the near term is a hopeful sign of potential success. But political leadership always comes with a warning: “Friends come and go, enemies accumulate.”

Reed’s relationship with Gov. Kay Ivey is certainly less contentious than Marsh’s and gives rise to the belief that there will be greater cooperation between the executive and the Senate.

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With the economy and public health under dire stress due to the ravages of COVID-19, legislative priorities are fixed: get people back to work and eradicate the coronavirus.

However, one of Reed’s first tests will be whether he can cool the smoldering anger of those senators who still feel the sting of Ivey’s rebuke over the allocation of CARES Act funds. He will also need to resist those who want to punish the administration over its use of public health statutes to implement mask mandates and other safety measures to prevent the deadly coronavirus spread.

Despite outward declarations of a unified body, the State Senate is a small, insular and unwieldy beast where egos loom large and consensus on policies is often tricky to achieve except on “red meat issues.”

Building a coalition on policy in the Senate is often a combination of horse-trading, cajoling and carefully applied pressure. The way forward in the near term is exact: pass legislation that spurs economic recovery and mitigates the health crisis at hand.

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But Reed will also simultaneously need to recognize what comes next for justice reform, prison construction, gambling and a myriad of other pressing issues. His job will be to understand the prevailing winds, which are evolutionary, not revolutionary.

As author Doris Kearns Goodwin noted in Lyndon Johnson and the American Dream: “For political leaders in a democracy are not revolutionaries or leaders of creative thought. The best of them are those who respond wisely to changes and movements already underway. The worst, the least successful, are those who respond badly or not at all, and those who misunderstand the direction of already visible change.”

Reed’s temperament and style appear right for this moment in Alabama’s history.

As President Abraham Lincoln said, “If you want to test a man’s character, give him power.”

Let’s all hope that Reed passes the test.

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Bill Britt

Opinion | Clorox, anyone?

There is no comprehensive plan on how to hold the upcoming legislative session safely — not even a rudimentary one.

Bill Britt

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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.

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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.

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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.

Clorox anyone?

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Bill Britt

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.

Bill Britt

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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.

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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.”

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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.

By executive order on July 18, 2019, Ivey established the Study Group on Criminal Justice Policy. The Study Group released its findings on Jan 31, 2020.

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.

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