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Stealing the Statehouse

State Answers Motion to Dismiss in Moore Case

By Bill Britt
Alabama Political Report

MONTGOMERY—The State, through acting Attorney General W. Van Davis, today filed its response to Rep. Barry Moore’s motion to dismiss.

Moore’s attorney, former Democrat Lt. Gov. Bill Baxley, recently filed a motion to dismiss the four felony counts against Moore.

Davis’s office said, “The four-count indictment clearly and succinctly sets forth the charges against Moore, tracks the language of the charged statutes, and was issued by a duly-authorized Lee County Special Grand Jury operating under the proper authority of a Supernumerary District Attorney.”

Moore was charged with two counts of giving false testimony and two counts of perjury.
 
Baxley gave 44 reasons why the charges against Moore should be dismissed. However, the AG’s office says in its answer that, “Each and every ground asserted, however, is insufficient to dismiss the indictment.”

The State’s response to Baxley’s motion says, “Moore has not provided a legal or factual basis to support any of his arguments.”

They also conclude that Moore “has no basis whatsoever to support his Motion, or he simply intends to raise his actual arguments for the first time at a hearing. Regardless, the Motion is due to be denied on its face and no hearing is therefore necessary.”

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Davis makes it clear that Moore was charged in connection with lying to a Grand Jury in an ongoing investigation into Public Corruption, believed to be centered around current Speaker of the House Mike Hubbard, R-Auburn.

Moore’s false statements and perjury are related to testimony he gave concerning threats he communicated to Josh Pipkin on behalf of Speaker of the House Hubbard.

In taped communications, Moore told Pipkin that the Speaker would kill a jobs project in Enterprise if Pipkin did not withdraw his challenge to Moore’s candidacy in the upcoming Republican primary.

For his part, Hubbard has tried to paint the threats as business as usual in politics. He even tries to say it was a bluff. Bluff or no, Moore’s testimony contracted what he told Pipkin and the results if convicted could land him in prison for up to 60 years.

Written By

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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