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Bill Britt

Alabama Supreme Court’s Actions: Justice or Machiavellian Scheme

Bill Britt

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By Bill Britt
Alabama Political Reporter

The Judicial Inquiry Commission (JIC) and several justices on the Alabama Supreme Court are attempting, it appears, to avoid further unwanted scrutiny of their conduct in the case against Chief Justice Roy Moore.

The Commission, commonly referred to as the JIC, is hoping to steer clear of another growing controversy by dismissing the complaint against Associate Justice Tom Parker, who, like Chief Justice Moore, spoke publicly against same-sex marriage.

Republican lawmakers are determined to bring legislation into the 2017 Regular Session so as to limit the JIC’s power or abolish it all together. Many legislators see their actions in the Moore case as a dangerous overreach by a secretive “Star Chamber,” in collusion with trial lawyers and activist organizations bent on destroying the elected Chief Justice of the State’s highest court.

Are Acting Chief Justice Lyn Stuart, Mike Bolin and Jim Main are looking to salvage their reputations before the public becomes fully aware of their participation in events that led to Moore’s suspension?

The Alabama Political Reporter has filed to intervene in Moore’s case, seeking a motion to have all the records in his suspension trial unsealed. Stuart, Bolin and Main have the power to unseal these documents but have so far refused to let the people see all the facts in Moore’s case.

Reportedly, Stuart wants to remain Chief Justice and Main is eyeing a run for the Governor’s office. Stuart and main have strong alliances with the Business Council of Alabama and former Gov. Bob Riley. What Bolin has to gain if anything is unknown.

The Riley machine is desperately looking for a friendly gubernatorial candidate for 2018 and Main might be just the ticket.

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Chief Justice Moore’s enjoys a large following of committed individuals who can swing a governor’s election or that of a chief justice. Is this why Stuart, Bolin and Main are hiding the records in his case?

As for the JIC, it is a political tool which many believe, on occasion, uses its power as a weapon.

J. Mark White, who famously defended felon Mike Hubbard, was a member of the commission until he became president of the Alabama Bar Association. As Bar President, he could not serve on the Commission. Perhaps coincidentally his partner Augusta Dowd was appointed to the JIC after his departure.

The rule about the Bar President serving on the JIC changed under White, which by happenstance will allow Dowd to retain her position on JIC while serving as head of the bar shortly.

Every judge is well aware of the attorneys who sit on the JIC, and while not to say a lawyer would ever use their position on the commission to intimidate a jurist, it is always possible that one might.

In a 5-3 decision, Acting Chief Stuart accompanied by Bolin, Main, Greg Shaw and Tommy Bryan, moved to have Stuart and Gov. Robert Bentley select the judge to hear Moore’s appeal. In a press release on Tuesday, Stuart said, “the Special Supreme Court’s members would be randomly selected in the presence of the parties, interested individuals and the press on Thursday, October 27, 2016, at 3:00 p.m.”

The recusal of Supreme Court justices and appointment of their replacements is a step in the right direction, but was this a decision made to appear fair or be fair?

The records in Moore’s case must be unsealed, or all these actions will be seen as a Machiavellian scheme to divert attention away from the bigger question: what are they hiding?

There is a smell of political intrigue in the air and it can only be removed by opening the records.

 

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Bill Britt

Opinion | Who will stand and lead?

Bill Britt

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Alabama is beset by a worldwide pandemic, economic collapse and a growing cry for social justice for its black citizens.

Anyone of these crises alone would require superior leadership of conscience, fortitude and political skill. But at this moment, who is leading?

The silence of the state’s top leaders is troubling but speaks to the paralyzing effects of polarizing politics.

As the number of sick, hospitalized and dying from COVID-19 continues to rise in Alabama, the voices of those in charge are painfully silent.

Has the state abdicated its responsibility for the health and safety of its citizens in favor of hoping for a quick economic rebound?

In the wale of the protest that began with the killing of George Floyd and continues today, on the Republican side, only a few have offered constructive comments.

In a recent column Congressman Bradley Byrne wrote, “These last few weeks have riveted the country’s attention on police brutality. The murder of George Floyd was an atrocity, and unfortunately, it’s not the first one. As we have so often in our history, it’s time for America to respond with appropriate and reasonable reform. It’s not time to lose our heads, however.”

He also said, “Let’s say it plainly. Black people are of equal moral value as white people. It’s Biblical; it’s American. And to treat people differently based on their race is morally and legally repugnant. To injure or kill them for the same reason goes against everything we stand for.”

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Byrne argues that it is mostly a local issue and singles out only rouge cops, but it’s a starting point for dialogue.

Gov. Kay Ivey, in a June 1 statement said, “Like so many others throughout the country and around the world, I, too, was shocked and angered by the tragic actions that led to the senseless death of George Floyd last week in Minneapolis,” Ivey said. “It is a death that should have never happened, and it is a tragedy for which that too many people, especially African Americans, are all too familiar.”

While Ivey condemned violent protests, she recalled that Alabama citizens have a rich history of using “peaceful protests to lead the country – and the world – to positive change.”

While peaceful protest did, in fact, over time bring about change, it would require willful ignorance to forget Alabama’s Bloody Sunday where civil protesters were beaten by law enforcement or the Birmingham Campaign where Bull Connor’s police and fire department clubbed, fire hosed and sicced attack dogs on the activists.

Alabama’s peaceful protests were marked repeatedly by brutal acts against black citizens who were only asking for the promises made at the nation’s founding.

The state’s history of racism is legend, and even the State’s 1901 Constitution was and still is used as a segregationist weapon to oppress blacks Alabamians.

In a campaign to drum up voter support for the 1901 Constitution, an advertisement read, “White Supremacy! Honest Elections! and the New Constitution! One and Inseparable!”

So, where is the state’s white Republican supermajority? Certainly they all don’t believe the novel coronavirus is a hoax to ruin the economy and defeat President Donald Trump.

How many must die before the human cost demands they stop lying?

Surely not all of them think protesters are thugs and anarchists.

How many more years must black citizens face injustice before they say “enough?”

There comes a time when a leader must stand for those who are being wronged and those who are sick and dying.

When will the state’s elected leaders stand for more than the next election?

Perhaps it’s time to turn away from Montgomery and to the big city mayors as an example of how to get things accomplished. The big five city mayors have done remarkable work guiding their cities during the COVID-19 outbreak.

And except for Huntsville, these five mayors — three Democrats and two Republicans — have managed to keep Black Lives Matter protests mostly peaceful.

Birmingham Mayor Randall Woodfin has faced the most challenges and has shown courageous and wise leadership. Likewise, Montgomery’s Steven Reed, Tuscaloosa’s Walt Maddox, and Mobile’s Sandy Stimpson have displayed calm, decisive guidance through both the COVID-19 panic and the protest. Only Huntsville Mayor Tommy Battle has stumbled, allowing law-enforcement to teargas and fire rubber bullets at the mostly peaceful protesters. In all other respects, he has done well, but he should renounce the police actions that took place in his city.

In a state where leaders often cite scripture, it is perhaps time to remember Paul’s words in 1 Corinthians 14:8 where he said, “Again, if the trumpet does not sound a clear call, who will get ready for battle?”

It’s not surprising, but it is disappointing that so many of the state’s leaders remain voiceless when a call to action is needed.

Where is the leader who says, “The pandemic is at its worst right now. Stay home when you can, wear a mask when you go out, avoid large gatherings, and care for your neighbor.”

Where is the one who stands up and says that black citizens are being repressed, underrepresented and abused?

Who dares say “Black Lives Matter” without a caveat.

Our state once again is being tried and failing is always an option, but let’s pray we don’t fail again.

People are jobless, sick and dying, and our black citizens are being mistreated in so many ways.

If, as Dr. King said, “The arc of the moral universe is long, but it bends toward justice,” let it bend now in our state’s time of need.

And let leaders stand up for justice for all.

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Bill Britt

Opinion | Echoes of George Wallace heard as tear gas and rubber bullets fly in Huntsville

Bill Britt

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A small group of mostly peaceful protesters were shot with rubber bullets and tear-gassed by Huntsville Police and Madison County sheriff’s deputies after an NAACP rally last Wednesday.

The city’s mayor, police chief and the state’s attorney general want the public to believe that anarchists and outsiders provoked law-enforcement to use paramilitary tactics to disperse protesters on the courthouse square.

A video obtained by APR shows peaceful protesters being sprayed, gassed and shot with rubber bullets, as law-enforcement in black-clad riot gear pushed them from the city center.

After the police began their assault, some protesters did hurl insults and a few firecrackers at the approaching officers.

Huntsville Mayor Tommy Battle, police chief Mark McMurray and attorney general Steve Marshall would later assert, without proof, that it was the presence of outside anarchists that led to a violent show of force by law enforcement.

It is a bizarre irony that those protesting police violence against black citizens were met with more police violence.

But what took place in the supposedly progressive Madison County is just a continuation of the type of repressive brutality that has plagued the South for generations.

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And the reasons given for the police action is older than “Dixie” and as false as the myth of “The Lost Cause.”

McMurray claimed in a press conference that sheriff’s deputies and police officers fired tear gas and rubber bullets at protesters because anarchists had infiltrated their ranks.

“It’s an unauthorized protest against the government. That’s what it is. That’s what anarchists do. This was not NAACP. This was a separate splinter group that took advantage of a peaceful protest and hijacked it to cause anarchy against our government. Their way is to cause damage, set fires, loot, pillage.”

The idea of professionally trained anarchists whipping up crowds during protest marches is the latest justification for deploying military-style aggression against U.S. citizens.

Battle, in a statement the next day, said he supported law enforcement’s tactics and that outsiders were to blame for the police action.

“What occurred after the NAACP event was disheartening. A second event occurred, structured by people who were not part of our community,” Battle said.

While Battle didn’t use the word anarchists to describe the protesters, he accused “people who were not part of our community” for inciting police violence.

Marshall agreed with McMurray and Battle’s assessment that outsiders and anarchists were the reason law-enforcement fired on protesters. In a press statement, he said he was “satisfied” that the officers had acted appropriately.

According to McMurray, at least 24 people were arrested that evening, all of them from Madison County.

McMurray said that only Madison County residents were detained because professional anarchists know how to avoid arrest.

“The anarchists who came prepared and armed, they’re now going to another city to do the exact same thing,” the chief said. “They know how not to get arrested.”

But directly after the incident, Lt. Michael Johnson of HPD, said the reason for the police action was because they weren’t “going to roll the dice” and take a chance that the crowd could become hostile.

Johnson, speaking soon after the police action, seems to have not yet received the memo about anarchists.

But these false narratives used by Battle, McMurray and Marshall are not new and can be seen in an April 1964, letter from Gov. George Wallace.

“[W]e have never had a problem in the South except in a few very isolated instances and these have been the result of outside agitators,” Wallace wrote to a Ms. Martin. 

“White and colored have lived together in the South for generations in peace and equanimity,” Wallace continued. “They each prefer their own pattern of society, their own churches and their own schools—which history and experience have proven are best for both races. (As stated before, outside agitators have created any major friction occurring between the races.)”

Wallace also claims that the news media and propagandists are the real problems and not segregationist policies.

“Contrary to reports of many of the national news media and the propaganda distributed by various organizations, our efforts here in the South are not against the Negro citizen. We fight for the betterment of all citizens in our State.”

He further claims to have done more for black citizens than anyone in the history of the State.

“I personally have done more for the Negroes of the State of Alabama than any other individual.”

If this all sounds familiar, it’s because even today, politicians hope the public is ignorant or so moved by calls for law and order as to miss the point of the protests.

The idea of a tranquil and even docile black population whipped into a frenzy by anarchists and outsiders is as repugnant today as Wallace’s.

Battle, McMurray, and Marshall’s coded racism is as repulsive today as Wallace’s was then.

The false notion that anarchists and outsiders are the reason for aggressive police actions should be condemned.

There should be an independent panel commissioned to investigate the Huntsville police and Madison County Sheriff’s office.

The specter of George Wallace now hangs over Huntsville’s Courthouse Square, and only the bright light of justice can remove it.

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Bill Britt

Opinion | With liberty and justice for all

Bill Britt

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Photo: Rosa Pineda

As peaceful protests over the last week have been marred by violence and looting, the nation should be asking what kind of country we are and what we are to become?

Are we to be the shining city on a hill or a lord of the flies kingdom of warring factions?

Most of the protesters who have taken to the streets across the nation are only asking for those things promised in The Declaration of Independence and quoted in the nation’s Pledge of Allegiance.

They want the promise of “all men are created equal,” with “liberty and justice for all,” to be fulfilled.

Amidst the chaos, we hear calls for “law and order” and chants of “No justice, no peace.”

A nation can have law and order without justice, but when justice is denied or meted out unequally, people will only remain silent or peaceful for so long.

Law, justice, and peace should flow from the same fountain but rarely ever do in equal measure.

Dr. Martin Luther King, Jr., and Gandhi before him, showed the world the power of nonviolent resistance. From the Salt March, which took place from March to April 1930, in India, to the Selma-to-Montgomery March in 1965, a small band of individuals has shown that peaceful protests can overcome even institutional wrongs.

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But laws passed in the 1960s, while changing what was legal, didn’t answer inequities or alter everyone’s hearts and minds.

Even today, the dog whistles of racism and bullhorns of hate compete against calls for change.

Only when bigotry is shown in bright relief against the suffering of a nation’s citizens, do the powerful lose their stranglehold.

The murder of George Floyd is further evidence of a long-festering problem, and the ensuing rage is simply the manifestation of years of systematic mistreatment of black citizens. The laws may have changed in the 1960s, but the mindset of those who fought against that progress has been reborn.

As a nation, we cannot stand with a Bible in one hand and a club in the other and claim equal protection under the law.

Perhaps opening the Scriptures and letting the voice of Jesus speak, rather than holding his words as a prop, would be a good first step. Jesus said to love your neighbor as yourself, do unto others as you would have them do unto you. Are these not the values we should hold dear?

I do not condone violence or property destruction, but I do understand the grievances that lead to both. We, as a state, and nation, can’t address the one without offering to answer the other.

President Trump’s failed attorney general Jeff Sessions has appointed himself as the spokesman for law and order. In a recent press release, Sessions said, “All over the country we have seen the results of ‘politically correct’ and completely ineffective leadership.”

Sessions blames, “Antifa, far-left radicals, and criminal thugs,” and many agree with him.

During George Wallace’s political rally at Madison Square Garden in 1968, he blamed anarchists, activists, militants, revolutionaries and communists for the nation’s ills.

Wallace also said, “The Supreme Court of our country has hand-cuffed the police, and tonight if you walk out of this building and are knocked in the head, the person who knocks you in the head is out of jail before you get in the hospital, and on Monday morning, they’ll try a policeman about it.”

Today, Wallace, like Sessions, would say that political correctness was the problem, not a culture that targets certain citizens.

Wallace expressed his disdain for demonstrators who tried to block President Lyndon B. Johnson’s limousine saying, “I tell you when November comes, the first time they lie down in front of my limousine, it’ll be the last one they ever lay down in front of; their day is over.”

On Facebook, some Alabamians have suggested protesters be shot in the head if they resist arrest. And so it goes that the ugliness of human nature stands ready to repeat the sins of the past over and over again.

In an Op-Ed, Alabama State University President Quinton T. Ross, Jr., invoked the past in a very different way.

“Our nonviolent stand proved successful in the past, and I believe it could be the catalyst for real and impactful change. Let peace be at the core of all of our actions,” wrote Ross.

“While it seems as though remaining calm in the midst of a racist storm is a signal to be disrespected, disregarded and endangered, remember the lives that were lost to get us to this day. Remember the examples of those who were brutally beaten and rose up from that brutality to walk the halls of Congress, to become mayors, governors, state legislators and community leaders.”

Our nation was born out of public defiance in the face of political oppression. Our nation was to be a port for those seeking hope and justice in a world of tyrants.

President Ronald Reagan called the United States “the shining city upon a hill.”

“In my mind, it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace,” said Reagan in his 1989 Farewell Address to the Nation. He further said he saw the nation as, “A city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors, and the doors were open to anyone with the will and the heart to get here.”

Reagan saw a nation where everyone was allowed to live with peace and prosperity. A place where all were equal, deserved freedom and justice. Is that not what we all want, including the protesters?

America has always been a land of promise, and many times, promises are not kept.

But today, our nation may very well be at a turning point.

Will the moral imperative of fairness break over the dam’s edge, or will some just add more sandbags to the top?

Will we decide liberty and justice for all are more than words we repeat by rote, and that everyone deserves the promise of America?

That is the question before us, and now what we choose will show who we are and what we will become.

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Bill Britt

Opinion | Marsh hurls accusations at Gov. Ivey. Is he barking mad?

Bill Britt

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Appearing on the latest edition of Alabama Public Television’s “Capitol Journal,” Sen. President Pro Tem Del Marsh, R-Anniston, blamed Gov. Kay Ivey for the loss of some 450,000 jobs in Alabama.

It’s an absurd accusation that any thinking Alabamian knows is a lie. But Marsh wants to hurt Ivey because she exposed him as little more than a petty, greedy-gut politico.

Still stinging from the public humiliation he suffered after Ivey revealed his “wish list” — which included taking $200 million in COVID-19 relief money to build a new State House — Marsh is leveling a cascade of recriminations against the popular governor.

However, what is astonishing is that he would spew brazen lies about Ivey during raging loss and uncertainty caused by a worldwide pandemic. This latest fiction about Ivey creating widespread economic calamity is the unseemly work of a hollow man without empathy, wisdom or decency.

This insane assertion that Ivey is somehow responsible for thousands suffering is as cravenly evil as it is politically stupid.

“The policies that have been put in place by the [Ivey] administration have 450,000 people out of work,” Marsh told show host Don Daily.

Only a fool, a nutjob or a politician would blame Ivey for losing some 450,000 jobs, but there was Marsh, on public television, showing he is perhaps all three.

In the middle of his barking-mad comments, Marsh somehow forgot to mention that he was a member of Ivey’s Executive Committee on the COVID-19 task force and helped make the very policies he now claims led to joblessness and financial ruin for many Alabamians.

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Marsh is merely making it up as he goes because his fragile ego, pompous character and rank inhumanity suddenly became fully displayed for every Alabamian to see when he doubled down on building a new State House.

And so, like a guy caught with his pants down, Marsh is pointing his finger at Ivey to distract from his naked indifference toward the struggles of his fellow Alabamians.

Marsh’s plan to spend the CARES Act funds on a State House and other pet projects ignored the sufferings of hundreds of thousands of the state’s most vulnerable citizens and businesses.

Ivey wanted the nearly $1.9 billion in CARES funds to go to help those individuals, businesses and institutions affected by COVID-19. Marsh wanted it as a Senate piggybank, so, he lashes out at her rather than reflect on how he and the State Senate could do better in the future.

Anyone who blames others for their failings is a weakling, not a leader.

Marsh came to power under a scheme hatched around 2008, by then-Gov. Bob Riley. The plan was to make Mike Hubbard the speaker of the House, Marsh as pro tem and Bradley Byrne as governor. Riley would act as the shadow puppet master pulling the strings of power from behind a thin curtain of secrecy, allowing him to make untold riches without public accountability.

Byrne losing the governor’s race to the hapless State Rep. Dr. Doctor Robert Bentley was the first glitch in the plan (yes, during the 2010 campaign for governor, Bentley changed his name to Doctor Robert Julian Bentley so the title Doctor would appear next to his name on the primary ballot).

The second problem for the venture was Hubbard’s avarice, which landed him on the wrong side of the ethics laws he, Riley, Byrne and Marsh championed. Of course, the ethics laws were never meant to apply to them. They were designed to trap Democrats.

Marsh has floundered since Hubbard’s grand departure and with Riley sinking further into the background, it is now apparent that Riley was the brains, Hubbard the muscle and Marsh the errand boy, picking up bags of cash to finance the operation.

Gofers rarely rise to power without the public noticing they’re not quite up for the job, and so it is with Marsh that his office has shown the limits of his abilities.

Marsh wanted to control the COVID-19 relief money to spend on pork projects as he’d done in the past, but Ivey didn’t allow it. To be outsmarted is one thing, but to be beaten by a woman is too much for a guy like Marsh.

Ivey burned Marsh like a girl scout roasting marshmallows over a campfire.

Senator Marshmallow, anyone?

Poor Marsh, with his political career in turmoil, picked the wrong target in Ivey.

Some look at Ivey and see a kind, grandmotherly figure. Ivey is as tough as a junkyard dog, and now Marsh knows what her bite feels like.

Ivey didn’t cause massive job losses. COVID-19 did that. But Marsh got his feelings hurt, bless his heart, so he wants to take Ivey down.

Just like his scheme to commandeer the COVID-19 funds from the people didn’t work, his attack on Ivey won’t either.

People see Marsh for what he is, and it’s neither strong nor competent; it’s weak and ineffectual.

Marsh stood behind Ivey when she announced the state’s health orders wearing an American flag style mask.

He voted for her executive amendment.

And now he lies.

In times of real crisis, true leaders emerge while others of lesser abilities whine. Marsh is complaining. Ivey is leading.

And so the public watches as The Masked Marshmallow takes on Iron-jawed Ivey. It’s not tricky to see how this cage match turns out.

Marshmallow, down in three.

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