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“Leaks,” Accusations, Paper Trail

Bill Britt



By Bill Britt
Alabama Political Reporter

MONTGOMERY—Even before the first witness was called in the Grand Jury investigation of Speaker Mike Hubbard, his attorney, J. Mark White, was complaining to the prosecution that leaks were coming from the Grand Jury.

White’s letters containing complaints and accusations about perceived violations of the Alabama Grand Jury Secrecy Act officially became public record in the State’s Surreply answer to Hubbard’s Amended Motion for Production filed on January, 5, 2015.

(See motion here.) 

It now seems clear that White’s early and continual claims of leaks and potential violation of the Alabama Grand Jury Secrecy Act has arrived at its intended destination, with the publication of an “off the record” conversation between radio talking head, Dale Jackson and prosecutor Matt Hart.

But the strategy has its roots in White’s beginning media campaign and his first communication with Acting Attorney General in the Hubbard investigation W. Van Davis.


In a letter to Davis, dated September 13, 2013, White stated that his team of investigators were, “attempting to ascertain the basis for representations by certain people that they have ‘sources with intimate knowledge of the investigation’” and that those, “‘sources’ are affording them special and privileged access to information protected under the Alabama Grand Jury Secrecy Act.”

This letter is listed as Exhibit A in the State’s Surreply Motion.

Here White concluded that because someone characterizes “sources” as someone “with intimate knowledge of the investigation” that this is a violation Alabama Grand Jury Secrecy Act, even though the Grand Jury has not yet heard from a single witness.

White was telling the media he was concerned about violations of the Secrecy Act, even before he had communicated with Davis. He also denied, at the time, that he was actually representing Hubbard in the Lee County investigation, even though Exhibit A proves that was always the case.

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On September 11, 2013, the Montgomery Advertiser reported that White was concerned about news reports citing sources involved in a grand jury, “…that obviously piques my interest because of the Alabama Grand Jury Secrecy Act,” he told the Advertiser. He also said that if he found violations of the “Grand Jury Secrecy Act,” his team would report it to appropriate law enforcement.

(See article here.)

Upon accepting Hubbard as a client, White told the press that he was investigating individuals making false, misleading or libelous statements about Hubbard, his business, and his family. He did not disclose that he had already been informed that Hubbard was the subject of a criminal investigation, and that his real purpose was to manage Hubbard’s defense. It appears that from the beginning, White set up a misleading narrative about why he was representing Hubbard and it appears that accusations of “leaks” and “violations” were also a part of a defense strategy built around subterfuge.

On October 16, 2013, Davis’ response to White’s letter stated, “In response to concerns you raised about violations of The Alabama Grand Jury Secrecy Act, Section 12-16-214, et seq, Ala. Code (1975), I request that, if you know of or become aware of any such violations, that you please report them to my office immediately.”

In the correspondence, Davis informed White,  “I understand that you informed the District Attorney for the Thirty-Seventh Judicial Circuit [Lee County] that you are aware of two grand jury ‘leaks’ involving this matter and know the identity of the alleged ‘leakers.’ Please report those violations to my office as soon as possible so that we may take action, if necessary, to enforce the law and to protect the integrity of the grand jury process.”

So, just a little over a month after his first introducing the subject of leaks, White told the Lee County DA that he has specific knowledge of two leaks and even the identity of the leakers; however, he did not inform Davis. This information is contained in Exhibit B of the State’s response.

Again on January 23, 2014, White complained about what he suspects are “third parties utilizing your investigation for their own personal and political purposes.” In this correspondence, White informed Davis, “we will not be able to ignore those who seek to misuse your investigation for their own political and personal gain. We urge you to confront those individuals who have been identified to you that are making public statements, allegedly based on ‘inside information,’ about what has and what will occur in your grand jury proceedings.” This letter is marked Exhibit C.

On March 5, 2014, Davis enumerated White’s allegations of possible violations of the Alabama Grand Jury Secrecy Act stating that the State had, “utilized significant attorney and agent time to fully investigate the allegation you reported concerning possible violations of the Alabama Grand Jury Secrecy Act.” He also said that the Grand Jury activity had been paused, “in order to determine, with certainty, if there was a problem with secrecy.” Davis concluded by saying that after thoroughly investigating the matter there was “no credible evidence of any violation.”

In the correspondence, Davis addressed White’s concerns over “alleged damage incurred by your client resulting from third party commentary about the ongoing investigation.” Davis says the “State has no control over third parties who trade in speculation and rumor about criminal investigations,” but if it were determined that such a violation had occurred the State would “pursue it with vigor and to conclusion.”

Davis reminded White of the many instances in which he has threatened civil action against those who had spoken against Hubbard, and that civil court “appears to be the appropriate one for such matters that you deem to be meritorious.”

He further stated, “Also, at the risk of sounding presumptuous about advice you may want to give your client, his own communications with others may be generating unnecessary discussion about the investigation. The State has determined that your client has made numerous statements to individuals regarding the alleged political motives of the investigation, the alleged lack of professionalism on the part of those conducting the investigation, the nature of the alleged wrongdoing being investigated, etc. These statements by your client have, to the State’s knowledge, generated rumor, press interest, and discussion of the matter.”  Davis continued to answer White’s concerns, though he did say that his replies are a “courtesy.” This material is detailed in Exhibit D.

In a letter dated March 24, 2014, White complained to the State about “attack ads” directed at Speaker Hubbard. White said they have “escalated both in number and vehemence.” He then took occasion to mention this reporter saying, “In particular, the attacks on Speaker Hubbard by Bill Britt on both his blog and television show make it obvious that concerted efforts are being made to influence the individual grand jurors as well as the entire grand jury process.”

(On a personal and professional note, my job is to investigate and report on politics and politicians. For over two years the Alabama Political Reporter and more recently the Voice of Alabama Politics, have rigorously investigated Speaker Hubbard. Our mission is simple: Inform, educate and alert the public to the activities of State government and politicos. White’s assertion that our reporting is somehow an effort to “influence the individual grand jurors as well as the entire grand jury process” is wrong and misleading.)

In his letter, White would have Davis believe that, “The attack ads, the media reports, and the ‘push poll’” are a part of a “concerted efforts of John Rice, Mr. Britt, Baron Coleman, and Joe Hubbard to defeat and ruin Speaker Hubbard any way they can.” As evidence, he referenced an article in Alabama Political Reporter which he identifies as “ March [sic] Dark Money Group Behind Teacher Attack Ads, Alabama Political Reporter, Mar. 24, 2014 (located at this link).” White once again threatened to “not hesitate to seek judicial relief should such be appropriate or necessary.”

All of these accusations by Hubbard’s attorney seem to culminate in the filing to have the case dismissed based on allegations of “prosecutorial misconduct.” White would have the public and trial judge believe the Jackson tapes point to a violation of the Grand Jury Secrecy Act.

In the State’s Surreply motion they concluded that, “No confidential grand jury information was disclosed. Moreover, because the conversation occurred after Hubbard was indicted, the conversation could not have possibly influenced the grand jury proceedings which resulted in the indictment. In light of these facts, Hubbard’s Amended Motion is due to be denied.”

These and other issues should come before Circuit Judge Jacob Walker III, at the end of January.


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.



The Alabama Senate will be under new leadership in 2021

The caucus unanimously elected Sen. Greg Reed, R-Jasper, as the new pro tem. 

Josh Moon



Alabama State Sen. Greg Reed, R-Jasper

The Alabama Senate will be under new leadership when the 2021 legislative session begins. 

Del Marsh, who has served as president pro tem of the senate since 2010, announced that he wouldn’t be seeking a leadership role during a Republican caucus vote held Monday. The caucus unanimously elected Sen. Greg Reed, R-Jasper, as the new pro tem. 

The caucus also selected Clay Scofield, R-Guntersville, as the new majority leader, a position Reed has held for the last several years. 

Marsh’s decision not to seek the leadership role wasn’t particularly surprising. Numerous ALGOP lawmakers have said privately over the last two years that Marsh has toyed with the idea of stepping down and handing the position to Reed. Marsh also announced last month that he won’t seek re-election to the Senate when his term ends in 2022, bringing to a close a 24-year tenure. 

In a particularly candid interview with his hometown newspaper, the Anniston Star, in October, Marsh indicated that he had grown tired of politics altogether due to the hyper-partisan climate and was unlikely to seek any public office. He also blamed President Donald Trump for helping to create a toxic climate. 

“I’ll be darned if I want to go up there and fight all of the time,” Marsh said in the Star interview. “I don’t know what it’s going to take to end the animosity. I blame [President] Trump for part of this. What happens on the national level — the fighting and name-calling — filters down to the state.”


For Reed and Scofield, the moves up the ladder weren’t exactly speedy. They’ve each served in the senate since 2010, and Reed has served as majority leader since 2014.

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Poarch Creek Indians partners with Sweet Grown Alabama

The tribe’s support will be used to fund traditional and digital marketing to encourage buying local, according to the nonprofit’s press release. 

Eddie Burkhalter



The Poarch Creek Indians have joined eight other organizations as founding members and supporters of the nonprofit Sweet Grown Alabama.

The Poarch Creek Indians have joined eight other organizations as founding members and supporters of the nonprofit Sweet Grown Alabama, which aims to help consumers find locally grown produce and products, the nonprofit announced Monday. 

“I am excited to announce our support of Sweet Grown Alabama,” said Stephanie Bryan, Tribal chair and CEO, in a statement. “We are always looking for ways to support Alabama’s economy and this important initiative will educate Alabamians about products that are grown and bred in our own backyards.”

The tribe’s support will be used to fund traditional and digital marketing to encourage buying local, according to the nonprofit’s press release. 

“This financial support from the Poarch Creek Indians will have a positive ripple effect on Alabama’s economy,” said Ellie Watson, Sweet Grown Alabama’s director, in a statement. “The Tribe has a strong reputation of community support and economic development, and we are incredibly grateful for their sponsorship of Sweet Grown Alabama at the highest level.”    

Other founding members and supporters of the nonprofit, which formed in September, are the Alabama Department of Agriculture and Industries, Alabama Farm Credit, Alabama Farmers Cooperative, Alfa Farmers, First South Farm Credit, PowerSouth Energy Cooperative, Alabama AG Credit and Alabama Association of RC&D Councils. 

To learn more about Sweet Grown Alabama or to find locally grown produce and products visit the nonprofit’s website here.


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Governor awards nearly $19.4 million in block grants for Alabama communities

The CDBG funds will be used to repair dangerous roads, provide safe water, build community and senior centers, improve sewer systems and more.






More than 60 Alabama cities and counties will soon see improvements in their communities thanks to almost $19.4 million in Community Development Block Grants awarded by Gov. Kay Ivey. 

The CDBG funds will be used to repair dangerous roads, provide safe water, build community and senior centers, improve sewer systems and more.

“Community Development Block Grants help raise the living standards for thousands of Alabamians who may have struggled with dangerous roads, sewage backed up in their homes or find it difficult to wash clothes because of inadequate water pressure,” Ivey said. “I am pleased to award these grants and I must commend those local elected officials who recognized those struggles and responded to address needs in their communities.”

Grants are awarded on competitive basis in several categories including small city, large city, county, community enhancement, Black Belt and planning. Some cities received planning grants in addition to other competitive grants.

In most instances, awarded governments are required to allocate some local funds to projects as a match for the grants.

The Alabama Department of Economic and Community Affairs is administering the grants from funds made available by the U.S. Department of Housing and Urban Development.


“Many local governments, particularly this year with the COVID-19 pandemic, often struggle for funds to provide basic services for residents,” ADECA Director Kenneth Boswell said. “ADECA is pleased to join Gov. Ivey in awarding these funds from the CDBG program, which enables governments to accomplish worthwhile projects to make their communities better places to live.”

Grants awarded and projects (grouped by geographical region) include:

North Alabama

  • Ardmore– $350,000 to replace sewer lines and ensure safe disposal of sewage.
  • Colbert County – $182,876 to raise the roadbed and improve drainage to eliminate pavement flooding on Gnat Pond Road, Cassie Davis Street and Marthaler Lane. 
  • Courtland– $350,000 to replace aging water lines and provide safe drinking water to residents.
  • Fort Payne– $450,000 to demolish and clear the abandoned Fort Payne General Hospital complex. 
  • Glencoe– $450,000 to replace sewer lines on East Air Depot Road, Taylor Road and Lonesome Bend Road.
  • Haleyville– $450,000 to upgrade sewer, water and streets in several areas of the city. 
  • Holly Pond– $250,000 to construct a new senior citizen center to help meet the needs of the growing program.
  • Limestone County – $301,000 to provide pavement and drainage improvements on Chapman Hollow Road south of the town of Lester. The project is designed to alleviate flooding.
  • Morgan County– $250,000 to upgrade and add an addition to the Falk Senior Center. 
  • North Courtland– $347,300 to improve drainage along Davis Street and other parts of the town.
  • Red Bay– $445,000 to improve sewer lines in the southeast part of the city. 
  • Sheffield– $210,000 to demolish and clear multiple dilapidated residential and commercial structures throughout the city.
  • Tuscumbia– $365,000 to raze and clear 23 dilapidated structures located throughout the city.
  • Vina – $348,650 to install a new boost pump at a water storage tank to improve water flow and pressure.
  • Winfield– $450,000 to improve drainage and upgrade streets to alleviate flooding along Regal Street. 

North Central Alabama

  • Blountsville– $250,000 to repair and resurface parts of College Street, Chestnut Street, Church Street and Ratliff Street. 
  • Chilton County– $350,000 to pave more than four miles of county roads including County Roads 127, 128 and 201
  • Cleburne County – $350,000 to extend public water services to 32 households along portions of County Roads 49, 689, 114 and 447. 
  • Columbiana– $450,000 to improve the city’s main sewer line to prevent sewage backup and related problems.  
  • Detroit– $350,000 to install new water lines and add fire hydrants to benefit more than 100 residents.
  • Talladega (city)- $250,000 to demolish and clear dilapidated structures at several locations throughout the city. 
  • Woodland– $350,000 to replace water lines at several locations throughout the town to improve water quality and flow.
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South Central Alabama

  • Boligee – $350,000 to improve the town’s sewer lines and manhole covers to ensure no infiltration into the lines from rain and other sources. 
  • Brantley– $350,000 to rehabilitate or replace sewer lines and other components of its sewer system. 
  • Brantley– $32,000 for a planning grant to help develop a land-use plan, subdivision regulations and zoning ordinances.
  • Demopolis– $450,000 to resurface portions of nine streets to include South Glover Street, McGee Street, Hilltop Circle, East Capitol Street, East Lyon Street, North Chestnut Avenue, North Cherry Avenue, North Ash Street, and North Front Avenue. 
  • Franklin– $32,000 for a planning grant designed to help the town develop future plans. 
  • Greene County -$350,000 to improve 4.5 miles of roads including Basketball Lane, Sandy Way, Smoke Lane, Brush Creek Circle, Curve Lane, Country Road Lane, Plum Lane, Star Lane and Jasmine Lane.
  • Linden– $350,000 to resurface and improve drainage on Easley Street, Adams Drive, Ford Street, Brandon Avenue, Barkley Street, Lucas Street, Gardner Street and Louisville Avenue/Pool Street. 
  • Livingston– $450,000 to replace sewer lines in the north-central part of the city. 
  • Pine Hill– $350,000 to rehabilitate two sewer system lift stations. 
  • Phenix City– $250,000 to fund a city-wide cleanup of multiple dilapidated structures. 
  • Selma– $450,000 to improve drainage along LL Anderson Avenue, Arsenal Place, Alabama Avenue and Mechanic Street, and Highland Avenue.
  • Selma– $40,000 for a planning grant to help the city develop a strategy to deal with dilapidated structures, housing and economic development. 
  • Sumter County– $250,000 to renovate the Sumter County E911 Call Center to streamline emergency operations. 
  • Union Springs – $450,000 to improve water, sewer and drainage along Bloomfield Street, April Street and Tye Avenue.
  • Uniontown– $250,000 to demolish and clear several dilapidated buildings in the town. 
  • York– $350,000 to upgrade sewer lines and rehabilitate sewer mains in the Grant City community. 

Southeast Alabama

  • Ariton – $250,000 to resurface and improve drainage along Dillard Street, Zumstein Avenue, Williams Street, Barnes Street and Claybank Street.
  • Ariton– $30,000 for a planning grant to help the town develop long-range plans and goals. 
  • Crenshaw County– $350,000 to repave Helicon Cross Road and Rising Star Road north of Petrey. 
  • Cottonwood– $350,000 to replace old and damaged sewer lines and a failing lift station.
  • Daleville – $292,500 to replace water lines along Culpepper Street, Wells Avenue, Ennis Street and Holman Street.
  • Dozier– $250,000 to improve water pressure and improve fire protection capability in an area along Main Street.
  • Eufaula– $450,000 to implement the fourth phase of its housing rehabilitation program. The program will be in the Edgewood subdivision area. 
  • Hartford– $350,000 to replace sewer lines and components in the vicinity of Third Avenue. 
  • Headland- $450,000 to rehabilitate up to 30 substandard houses in the central and north part of the city. 
  • Florala– $350,000 to continue to rehabilitate old and damaged sewer lines in a project that has been ongoing with CDBG funds since 2005.
  • New Brockton– $314,000 to renovate and upgrade three sewer pump stations to improve sewage collection. 
  • Ozark– $250,000 to resurface at least a portion of nine streets including Brown Drive, Lowery Road, Julian Street, Wilson Avenue, Hall Drive, McDonald Avenue, Woodview Avenue, Brookview Drive and Parkview Drive. 
  • Pike County – $350,000 to resurface County Road 7749 (McLure Town Road), northeast of Troy and pave County Road 2256 south of Troy.
  • Troy– $250,000 to renovate a portion of the historic Academy Street School and convert it to a community and cultural arts center.  

Southwest/Coastal Alabama

  • Beatrice– $350,000 to replace deteriorating water lines and add fire hydrants. 
  • Conecuh County – $350,000 to pave sections of 26 roads throughout the county.
  • East Brewton– $337,000 to rehabilitate sewer lines and pumping station in the southeast part of the city. 
  • Elberta– $350,000 to improve drainage along Baldwin County Road 83 (Main Street) to alleviate flooding.
  • Escambia County – $350,000 to replace and extend water lines and install fire hydrants in the Ridge Road community. 
  • Frisco City– $250,000 to resurface at least part of several streets including Harvestview Drive, Martin Luther King Jr. Street, School Street, Wiggins Avenue, and Wild Fork Road. 
  • Fulton– $350,000 to pave at least sections of Main Street, Eighth Street, First Street and Green Acres Road.
  • Jackson– $208,000 to improve drainage on Cemetery Road including adding curbs and gutters. 
  • Lisman– $350,000 to resurface parts of Commerce Street, Thomas Drive, Kinnon Heights/Circle, Broad Street, Tower Street, Coleman Circle and West Second Avenue. 

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Governor announces HomTex expansion to create 300-plus jobs in the Black Belt

A family-owned and certified minority-owned business will create 300 to 325 new jobs.






Gov. Kay Ivey on Monday announced that HomTex Inc. received $10,572,100 in CARES Act funds to expand operations to Selma to develop Personal Protective Equipment.

A family-owned and certified minority-owned business headquartered in Cullman County, the new Dallas County manufacturing location will create 300 to 325 new jobs.

“HomTex has made Alabama proud by stepping up during the COVID-19 pandemic to shift their production to create critical PPE supplies,” Ivey said. “Their ability to be flexible in order to remain operational is the exact intent of the CARES Act funds. I appreciate their commitment to the economy and Alabama workers by providing needed jobs in Dallas County and thank HomTex for being a great corporate partner with the state of Alabama.”

In a partnership with the state of Alabama and Wallace Community College in Selma, HomTex will establish an operation to produce General Purpose and FDA approved Level 1, 2 and 3 Surgical Masks and N95 masks.

Wallace Community College will offer apprenticeship programs that will allow students to help make masks for their region and beyond.

“The coronavirus pandemic has clearly demonstrated that our country needs a dependable domestic production pipeline for PPE, and Cullman-based HomTex has stepped up to fill a  portion of that critical need,” said Greg Canfield, secretary of the Alabama Department of Commerce. “With its expansion in Cullman and its new growth plans in Selma, HomTex is helping to make Alabama a U.S. hub for the production of PPE. In addition, the company’s new Selma operation will provide an economic boost for the Black Belt region and advance our strategic goal of providing opportunities in Alabama’s rural communities.”


HomTex Inc. was founded in 1987 by Jerry Wootten in Vinemont and now has its headquarters in Cullman. In addition to its Vinemont and Cullman locations, HomTex has production and distribution facilities in Sylva, North Carolina; Belton, South Carolina; and Leoma, Tennessee.

“We are very honored to be the recipient of COVID-19 Relief Funds from the state of Alabama,” president and chief financial officer of HomTex Jeremy Wootten said. “This second operation will make HomTex one of the largest face masks manufacturers in the USA, and we are proud to be manufacturing these products in Cullman and Selma. We very much appreciate the support from Governor Ivey, the State Senators and everyone who made the factory in Selma a reality.”

During the COVID-19 pandemic, HomTex shifted production at the Cullman plant from bed linens to disposable medical-grade masks as well as reusable, washable cotton masks. The manufacturer of DreamFit sheets, HomTex sells directly to furniture and mattress stores as well as national retail chains, specialty stores, gift stores and E-commerce. 

This fall, HomTex secured a contract to provide protective face masks to the federal agency responsible for the operation of the U.S. Capitol Complex in Washington, D.C.

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Officials in Cullman and Dallas counties welcomed the company’s expansion plans.

“Through this pandemic, we have seen the need for bringing supply chain manufacturing back to America. The only way to make these expansions happen is by working together. The partnerships that made this project a reality include: Governor Ivey and her cabinet; the Cullman-Selma partnership; the Economic Development Committee in the Senate working across the aisle; and, Wallace State Selma and Wallace State Hanceville working as one to provide training,” State Sen. Garlan Gudger said. “Alabama is proving that partnerships are the key to creating a better future for our state and the nation.”

“I must first thank God for these 320 new jobs in the Black Belt of Alabama. I am so appreciative of Governor’s Ivey’s decision and work to make this happen for the people of the Black Belt. It is a major step in our goal to help people help themselves out of poverty in Senator Singleton’s and my district,” State Sen. Malika Sanders-Fortier said. “I am humbled by the bi-partisanship cooperation that made this all possible. This is how we build the Beloved Community. I believe this is a first step that can breathe new hope into the people of the Black Belt for much more economic development to come.”

Alabama received approximately $1.9 billion of federal CARES Act funding to respond to and mitigate COVID-19. Alabama Act 2020-199 designated up to $300 million of the Coronavirus Relief Fund to be used to support citizens, businesses, and non-profit and faith-based organizations of the state directly impacted by the coronavirus pandemic.

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