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REPORT: Bentley used State law enforcement to facilitate affair

Chip Brownlee | The Trace

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By Chip Brownlee and Josh Moon
Alabama Political Reporter

A highly anticipated, bombshell report from the House Judiciary Committee’s Special Counsel Jack Sharman was released today and it drew one major conclusion: Gov. Robert Bentley used the Alabama Law Enforcement Agency to advance his personal interests.

“[Bentley], in a process characterized by increasing obsession and paranoia, subjected career law enforcement officers to tasks intended to protect his reputation,” the report reads.

The report also found that Bentley ordered former ALEA Secretary Spencer Collier not to file an affidavit with the Attorney General’s investigation into former House Speaker Mike Hubbard, who was removed from office last year upon conviction of 12 felony ethics violations.

The special counsel developed a narrative of Bentley and Mason’s relationship, the Governor’s increasing obsession with protecting himself from public humiliation and Mason’s ability to control the Governor and his policy decisions.

In 2015, Collier was forced to meet with Mason to set budget priorities for the legislative session. Another portion of the report notes that no one got to Bentley except through Mason.

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“The Bentley-Mason relationship evolved to the point that nothing could be done in the Office without Mason’s sign-off,” the report reads.

The release of the report follows a full day of back and forth over impeachment, ethics and the release of the report, which the Governor filed a lawsuit to prevent. Less than an hour after the release of the report, Montgomery County Circuit Judge Greg Griffin ordered a temporary restraining order giving the Governor 10 days to respond to the report before impeachment hearings can begin.

A previous tentative schedule announced by Sharman last month set hearings to begin on Monday. Now that may not happen, but Sharman has said he plans to appeal the decision to a higher court.

Throughout the course of his investigation, Sharman interviewed more than 20 witnesses and combed through more than 10,000 pages of documents, the report says. Bentley’s attorneys were critical.

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“We will review today’s document dump – which appears to be an amalgam of hearsay, rumor and innuendo,” Ross Garber, one of his attorneys, said. “I continue to have confidence that there will ultimately be fairness and due process in this matter.”

The contents of the report may have pushed Alabama legislative leadership to ask Bentley to resign.

Alabama House Speaker Mac McCutcheon, arguable the State’s most powerful elected official, has also joined a chorus of other State leaders calling for Bentley to resign.

McCutcheon echoed Senate President Pro Tem Del Marsh, albeit in a slightly more circumspect tone, in calling on Bentley to resign. Insiders say it was presumably giving the Governor one final opportunity to prevent the release of the House’s report.

McCutcheon and Marsh are perhaps more powerful than the Governor, considering the Alabama Constitution gives more power to the Legislature than to the Executive Branch.

“Let’s end this embarrassment to our state, right now,” McCutcheon said. “Let Alabamians once again look to our Capitol with pride, rather than with shame. If Governor Bentley will take a moment to consider the effect of his position and what it’s having on our state, it’s reputation and its citizens, I’m hopeful he will do the right thing and step down from Office immediately.”

“It’s the only way to avoid taking our State on a long, painful and embarrassing journey, whose ending is likely already known to us all.”

A simple text from the Governor’s spokesperson made it clear that, again, Bentley has no plans to resign. It’s the third time in the last month that his office has attempted to assuage rumors of or calls for his resignation.

Marsh, who spoke Thursday after the release of the four Ethics Commission about 24 hours before, also offered the Governor some stark advice: For the good of the State, step down.

“I hope at the end of the day that the Governor do what’s best for the people of Alabama,” Marsh said. “If it means that these things are pressings, that it’s going to continue to put the State under a cloud if that’s where we’re headed, I hope the governor does what’s best for the State and seriously considers stepping down.”

Sources close to the matter also report that officials from the Attorney General’s Office have also been consulting with the Governor about resigning his office since early this morning, but to no avail thus far.

On the steps of the State Capitol early Friday morning, at another impromptu press conference announced only 30 minutes before at 8 a.m., Bentley attempted to “tell his side of the story” and asked for forgiveness, but he refused to admit any legal wrongdoing.

“Our State doesn’t need this anymore; our people don’t need this,” Bentley said. “Exposing embarrassing details of my past personal life, as has happened in the past and as I’m told will happen again, will not create one single job, will not pass one budget. It will not help one child get a good education, and it will not  help one child get good health care.”

Bentley said all he ever wanted to do for the people of Alabama was to “take care of them and love them.”

“Once again, let me say, I do not plan to resign,” Bentley said. “I have done nothing illegal. If the people want to know if I misused state resources, the answer is simply no, I have not.”

The Governor, who has been under fire from lawmakers since last spring, said he has worked hard to move beyond his “past mistakes.” He said he turned to God.

“Especially this time of year, at Easter, I am grateful I serve a loving, forgiving God, who loves me and loves each and every one of us unconditionally,” Bentley. “Last year, I got to a point where I recognized and I realized that I could not carry these bourdons on my own.”

That day, he said he asked God to take his struggles and help him carry his bourdons.

“I found freedom in that,” said Bentley, who often brought up being a Sunday School teacher at his Tuscaloosa church. “I gave him all of me.”

The Speaker and the Governor’s comments ran parallel on Friday to a legal battle over whether the House could release its report and hold hearings next week on impeachment. Montgomery County Circuit Judge Roman Shaul heard several hours of arguments this morning, but recused himself later in the day. He had been appointed by Bentley and served as counsel to Wendall Ray Lewis, a former security staffer who is currently suing the governor.

Shaul did not seem inclined to preventing the release of the report from the House special counsel, but seemed to be considering other ways of getting involved in the House process. The new judge hearing the case, Circuit Judge Greg Griffin, was also appointed by Bentley.

Attorneys for Bentley, David Byrne and Ross Garber, have argued that the House’s process and plan doesn’t give the Governor due process or give his attorneys time to develop an adequate defense.

House leaders say their process is currently just an impeachment investigation, and Bentley has gotten more rights — like being able to present a defense at all — than a suspect would normally get in an investigation. The Governor will get more time and due process if or when the question of whether to permanently remove Bentley goes to the Senate.


Investigative reporter Josh Moon contributed to this report. Email Chip Brownlee at [email protected] or follow him on Twitter.

Chip Brownlee is a former political reporter, online content manager and webmaster at the Alabama Political Reporter. He is now a reporter at The Trace, a non-profit newsroom covering guns in America.

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Tuberville calls for term limits, balanced budget and lobbying reform

Tuberville has also made a major media buy across the state to trumpet this message.

Brandon Moseley

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Republican Senate candidate Tommy Tuberville (TUBERVILLE CAMPAIGN)

Senate candidate Tommy Tuberville’s campaign began emphasizing key structural reforms that the Republican nominee hopes to advance if elected to the U.S. Senate including congressional term limits, withholding lawmakers’ paychecks unless a balanced budget is passed and a ban on former officials becoming lobbyists.

“Only an outsider like me can help President Trump drain the Swamp, and any of the proposals outlined in this ad will begin the process of pulling the plug,” Tuberville said in a statement. “Doug Jones has had his chance, and he failed our state, so now it’s time to elect a senator who will work to fundamentally change the way that Washington operates.”

Tuberville has also made a major media buy across the state to trumpet this message.

“You know Washington politicians could learn a lot from the folks in small town Alabama, but Doug Jones … he’s too liberal to teach them,” Tuberville added.

Polls consistently show that term limits are popular with people across both political parties, but the U.S. Supreme Court has ruled that imposing term limits would be adding a qualification to be a member of Congress and that can only be done by constitutional amendment.

It is an unspoken truth that when Americans send someone to Congress they never come back. They either keep getting re-elected like Alabama’s own Sen. Richard Shelby, who is in his sixth term in the Senate after four terms in the U.S. House of Representatives. On the other hand, they may become lobbyists getting paid to influence their colleagues on behalf of corporations, foreign governments or some well funded non-government organization.

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Tuberville said he would ban that practice.

A balanced budget amendment almost passed in the 1980s and again in the 1990s.

Since that failure, Congress has increasingly passed bigger and bigger budget deficits. The U.S. government borrowed more money during the eight years of President George W. Bush’s presidency than the government had borrowed in the first 224 years of the country combined.

President Barack Obama followed and the TARP program propped up the post-Great Recession economy. Rather than cutting the deficit, President Donald Trump invested billions in the military and a tax cut without cutting domestic spending. The 2020 coronavirus crisis has further grown the budget.

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The government has borrowed trillions to prop up the economy and provide stimulus while investing billions into medical research and treating the virus victims. Congress is currently debating a fifth stimulus package that would add more to the deficit.

Both a balanced budget amendment and a term limits amendment would have to be ratified by the states if passed by Congress. Tuberville is challenging incumbent Sen. Doug Jones, D-Alabama.

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House passes General Fund Budget

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

The Alabama House of Representatives passed the state General Fund Budget on Tuesday.

The General Fund Budget for the 2019 fiscal year is Senate Bill 178. It is sponsored by Sen. Trip Pittman, R-Montrose. State Rep. Steve Clouse, R-Ozark, carried the budget on the House floor. Clouse chairs the House Ways and Means General Fund Committee.

Clouse said, “Last year we monetized the BP settlement money and held over $97 million to this year.”

Clouse said that the state is still trying to come up with a solution to the federal lawsuit over the state prisons. The Governor’s Office has made some progress after she took over from Gov. Robert Bentley. The supplemental we just passed added $30 million to prisons.

The budget adds $50 million to the Department of Corrections.

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Clouse said that the budget increased the money for prisons by $55,680,000 and includes $4.8 million to buy the privately-owned prison facility in Perry County.

Clouse said that the budget raises funding for the judicial system and raises the appropriation for the Forensic Sciences to $11.7 million.

The House passed a committee substitute so the Senate is either going to have to concur with the changes made by the House or a conference committee will have to be appointed. Clouse told reporters that he hoped that it did not have to go to conference.

Clouse said that the budget had added $860,000 to hire more Juvenile Probation Officers. After talking to officials with the court system that was cut in half in the amendment. The amendment also includes some wording the arbiters in the court lawsuit think we need.

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The state General Fund Budget, SB178, passed 98-1.

Both budgets have now passed the Alabama House of Representatives.

The 2019 fiscal year begins on Oct. 1, 2018.

In addition to the SGF, the House also passed a supplemental appropriation for the current 2018 budget year. SB175 is also sponsored by Pittman and was carried by Clouse on the floor of the House.

SB175 includes $30 million in additional 2018 money for the Department of Corrections. The Departmental Emergency Fund, the Examiners of Public Accounts, the Insurance Department and Forensic Sciences received additional money.

Clouse said, “We knew dealing with the federal lawsuit was going to be expensive. We are adding $80 million to the Department of Corrections.”

State Representative Johnny Mack Morrow, R-Red Bay, said that state Department of Forensics was cut from $14 million to $9 million. “Why are we adding money for DA and courts if we don’t have money for forensics to provide evidence? if there is any agency in law enforcement or the court system that should be funded it is Forensics.”

The supplemental 2018 appropriation passed 80 to 1.

The House also passed SB203. It was sponsored by Pittman and was carried in the House by State Rep. Ken Johnson, R-Moulton. It raises securities and registration fees for agents and investment advisors. It increases the filing fees for certain management investment companies. Johnson said that those fees had not been adjusted since 2009.

The House also passed SB176, which is an annual appropriation for the Coalition Against Domestic Violence. The bill requires that the agency have an operations plan, audited financial statement, and quarterly and end of year reports. SB176 is sponsored by Pittman and was carried on the House floor by State Rep. Elaine Beech, D-Chatham.

The House passed Senate Bill 185 which gives state employees a cost of living increase in the 2019 budget beginning on October 1. It was sponsored by Sen. Clyde Chambliss, R-Prattville and was being carried on the House floor by state Rep. Dimitri Polizos, R-Montgomery.

Polizos said that this was the first raise for non-education state employees in nine years. It is a 3 percent raise.

SB185 passed 101-0.

Senate Bill 215 gives retired state employees a one time bonus check. SB215 is sponsored by Senator Gerald Dial, R-Lineville, and was carried on the House floor by state Rep. Kerry Rich, R-Guntersville.

Rich said that retired employees will get a bonus $1  for every month that they worked for the state. For employees who retired with 25 years of service that will be a $300 one time bonus. A 20-year retiree would get $240 and a 35-year employee would get $420.

SB215 passed the House 87-0.

The House passed Senate Bill 231, which is the appropriation bill increase amount to the Emergency Forest Fire and Insect and Disease Fund. SB231 is sponsored by Sen. Steve Livingston, R-Scottsboro, and was carried on the House floor by state Rep. Kyle South, R-Fayette.

State Rep. Elaine Beech, D-Chathom, said, “Thank you for bringing this bill my district is full of trees and you never know when a forest fire will hit.

SB231 passed 87-2.

The state of Alabama is unique among the states in that most of the money is earmarked for specific purposes allowing the Legislature little year-to-year flexibility in moving funds around.

The SGF includes appropriations for the Alabama Medicaid Agency, the courts, the Alabama Law Enforcement Agency, the Alabama Department of Corrections, mental health, and most state agencies that are no education related. The Alabama Department of Transportation gets their funding mostly from state fuel taxes.

The Legislature also gives ALEA a portion of the gas taxes. K-12 education, the two year college system, and all the universities get their state support from the education trust fund (ETF) budget. There are also billions of dollars in revenue that are earmarked for a variety of purposes that does not show up in the SGF or ETF budgets.

Examples of that include the Public Service Commission, which collects utility taxes from the industries that it regulates. The PSC is supported entirely by its own revenue streams and contributes $13 million to the SGF. The Secretary of State’s Office is entirely funded by its corporate filing and other fees and gets no SGF appropriation.

Clouse warned reporters that part of the reason this budget had so much money was due to the BP oil spill settlement that provided money for the 2018 budget and $97 million for the 2019 budget. Clouse said they elected to make a $13 million repayment to the Alabama Trust fund that was not due until 2020 but that is all that was held over for 2020.

Clouse predicted that the Legislature will have to make some hard decisions about revenue in next year’s session.

 

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Day Care bill delayed for second time on Senate floor, may be back Thursday

Sam Mattison

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By Samuel Mattison
Alabama Political Reporter

The day care bill, which would license certain day care centers in Alabama, was once again delayed on the state Senate floor after one lawmaker requested more information.

Its brief appearance Tuesday ended with state Sen. Gerald Dial, R-Lineville, saying a compromise had not yet been worked out with the bill’s detractors.

Alabama’s Senate has been hesitant to act on the legislation because of complaints of state Sen. Shay Shelnutt, R-Trussville, who has been an opponent of the bill since its introduction last year. The bill’s delay on Tuesday marks the second time its been taken off the Senate’s agenda.

The bill has had a rocky time in this year’s session, but the bill’s sponsor state Rep. Pebblin Warren, D-Tuskegee, said she is still confident about its passage out of the Legislature.

Warren, D-Tuskegee, filed the bill this session with the support of influential lawmakers including Gov. Kay Ivey, who told reporters last year that she though all day cares should be licensed.

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Mainly sparked by the death of 5-year-old boy in the care of a unlicensed day care worker, the bill had great momentum coming into this year’ session.

Despite the growing support from lawmakers, Religious groups had concerns that the bill would increase state-sponsored reach into religious day cares in churches and non-profit groups.

Spearheading the dissenters was Alabama Citizens Action Program, a conservative religious-based PAC.

Warren, proponents, and ALCAP announced a compromise to the bill while it was still in the Alabama House.

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Announced by ALCAP originally, the new bill was a weaker version in that it did not require that all day cares in the state be regulated. Instead, religious-based day cares would only need to be registered if they received federal funds. At a Senate committee meeting in February, Warren said a similar requirement was about to come from federal law in Congress.

The bill moved through the House in a overwhelming vote in favor of the proposal and passed unanimously out of a Senate committee a few weeks ago.

Warren, speaking to reporters after its passage from the House, said she was unsure if the bill would encounter resistance in the upper chamber.

It was the Senate that killed the daycare bill last year amid a cramped last day where senators took the bill off the floor. The bill may face similar complications this year, as lawmakers seem to be preparing to adjourn within a few weeks.

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Fantasy sports bill fails on Senate floor

Sam Mattison

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By Samuel Mattison
Alabama Political Reporter

Would-be Fantasy Sports players in Alabama will have to wait to legally play in the state following a Senate vote on Tuesday.

The Alabama Senate decisively killed a bill to exempt fantasy sports from the state’s prohibition on gambling.

Not even entertaining a debate on the Senate floor, the proposal was killed during a vote for the Budget Isolation Resolution, which is usually a formality vote preluding a debate.

Fantasy sports are contests where participants select players from real teams to compete on fantasy teams using the real-world players’ stats.

Since 2016, the practice has been illegal in Alabama following a legal decision by the Attorney General’s Office that categorized it as gambling.

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The bill’s sponsor, state Sen. Paul Sanford, R-Huntsville, predicted the bill’s failure during a committee meeting two weeks ago, where the bill passed unanimously.

Sen. Paul Sanford speaks to reporters after a Senate Committee meeting on Feb. 28, 2018. (Samuel Mattison/APR)

Speaking to reporter’s after the committee meeting, Sanford said the decision to file the bill was mainly a philosophical belief that the practice shouldn’t be illegal.

Sanford, a fantasy sports player before its ban, said that fantasy sports are a way to bring people closer together and not a means to win money. The Huntsville senator is not seeking re-election.

The bill’s failure in the Senate follows its trajectory last year too. A similar version of the bill, also sponsored by Sanford, failed in the Senate during the final days of the 2017 Legislative Session.

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Since Sanford is retiring, it is unclear if the bill will even come back next session, or if it will even have a Senate sponsor.

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