By Bill Britt
Alabama Political Reporter
MONTGOMERY—In his most recent filing, Speaker Mike Hubbard has asked the court to dismiss the case against him, due to allegations that the State violated the Grand Jury Secrecy Act, or in the Alternative, for the appointment of independent counsel.
Hubbard’s legal team is pleading with Judge Jacob Walker III to dismiss the 23 felony charges against him, but if not, they request an Independent Counsel—presumedly appointed by Gov. Robert Bentley—to investigate the prosecution.
Even before Hubbard was indicted on felony corruption charges, his high-priced legal defense team, led by criminal lawyer J. Mark White, have denied, deflected, and delayed his prosecution.
Countless motions have been filed by team Hubbard arguing that the process has been tainted. To date, not a single, meaningful motion has been accepted by Judge Walker.
In Hubbard’s Aug. 26, 2015 motion, as well as the Supplement on Sept. 25, he calls on the court to dismiss the case because of Grand Jury leaks.
White argues the prosecution has leaked Grand Jury information, an act which White himself committed through incompetence, or malicious intent, by not properly redacting Grand Jury information in the Sept. 25 motion.
On Tuesday, White filed an amended motion to Grand Jury information properly redacted.
The call for an Independent counsel fits nicely into White’s overall strategy to blame Attorney General Luther Strange, and/or Matt Hart, Chief of the Special Prosecution Division.
Independent counsel are attorneys who investigate and prosecute criminal activity within government.
The most famous of these was Archibald Cox, a Harvard law professor, who was appointed by President Richard Nixon to investigate the burglary at the Democratic National Committee headquarters in the Watergate Hotel in Washington, D.C., also known as the Watergate scandal.
That investigation backfired on Nixon, resulting in his resigning the Presidency in disgrace.
This latest move by White, is seen by most in the legal community as a Hail Mary attempt, and not a very effective one at that. Even those close to White say he is fighting a losing battle, but making a fortune in billable hours off Hubbard.
The appointment of an Independent Council in this situation would be highly unusual. In fact, criminal defense attorneys speaking on background don’t think Hubbard has a prayer of having his case dismissed on alleged prosecutorial misconduct, or violations of the Grand Jury Secrecy Act. These are actors masquerading as a defense. Good for headlines in a friendly media, not welcomed at all by a serious judge like Walker.
According to those who have faced these issues before, nothing will come of the latest motions, and Hubbard will continue to spin the media, and his remaining supporters until March, when 12 of his peers will see the evidence the public has only had a glimpse of so far.
