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Bill Britt

Politics, public opinion permeate Moore suspension

Bill Britt

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By Bill Britt
Alabama Political Reporter

If there was any question that the removal of Alabama Supreme Court Chief Justice Roy Moore was politically motivated, the ruling by the Special Supreme Court’s 45-minutes before his press conference last Wednesday should remove all doubt.

Mere minutes before Moore’s press conference where he intended to shame the Special Supreme Court for not deciding his case in a timely fashion, the Court blindsided the Chief Justice by upholding his suspension.

In January, the Special Supreme Court, comprised of retired judges, received the briefs in Moore’s case. All the judges needed to do was read them and rule. Are we to believe this court of retired judges just happened to release its findings 45-minutes before Moore was to hold a press conference? Or is this yet another example of “Welcome to Montgomery: The Heart of Corruption” where there are few coincidences and one man’s plan is another man’s plot?

Whether you love Moore or loathe him, the lingering questions surrounding his removal are greater than the man himself or popular opinion. The real issue here is justice and how a flawed system of judicial review has forever recast the people’s right to know how judges are removed from the bench in the State of Alabama.

These secret proceedings that removed Moore from office for life have undermined the state’s constitution requiring a honest and transparent hearing of facts that is open for public review. In this case Moore has been denied equal protection, the same offense his detractors accused him of trying to do to same-sex couples.

On October 19, 2016, The Alabama Political Reporter filed a Motion to Intervene and Unseal Court Records in the Moore case. Chief Justice Moore joined in APR’s suit. Moore was the only party who could say he would be harmed by releasing the documents. But on February 3, 2017, the Special Supreme Court, in a 4-3 decision, denied the motion.

Four out of the seven-judge panel upheld the argument made by Judicial Inquiry Commission (JIC) attorneys John L. Carroll, Rosa Davis and R. Ashby Pate: “The presumption of open court proceedings and the Chief Justice’s own consent to lifting the seal, are insufficient to overcome the Alabama Constitution’s strict confidentiality mandate that [a]ll proceedings of the [JIC] shall be confidential, except the filing of a complaint with the [COJ].”

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With those few words, the JIC lawyers confirmed that, in fact, the JIC is a “Star Chamber” court beholden to no one; above the law that demands an open and transparent process. Those who defend the JIC’s actions are surly, corrupt actors, who view the law through the narrow lens of petty partisan ideology and repulsive self-interest. The statute that gives the JIC confidentiality does not apply broadly to the entire proceeding, and certainly is not applicable after the matter is adjudicated.

What was the unethical conduct that led to Moore’s suspension for the remainder of his term?

In February 2015, Moore issued an Administrative Order stating that the opinion issued by US District Judge Callie V. Granade, in Obergefell v. Hodges, regarding the State’s marriage only applied to the parties in that case and that the probate judges, as non-parties to that case, were bound to follow Alabama law. In March 2015, the Alabama Supreme Court ordered the probate judges to cease issuing marriage licenses to same-sex couples.

In January 2016, the Chief Justice issued a second Administrative Order, reminding the probate judges that the March 2015 Order remained in effect, pending further action by the Alabama Supreme Court.

Moore contends the charges against him were not about ethical misconduct, but instead, were an attack on his statements and administrative orders about the legal status of Alabama’s Sanctity of Marriage laws.

However, Richard Cohen, SPLC President said, “Justice Moore has apparently not read the ethics complaints that we have filed against him. Those complaints focus not on his judicial opinions, but on his extrajudicial actions and statements, urging defiance of the rulings of the US Supreme Court.”

The SPLC complaint was not surprising. That’s what they do; they file lawsuits. However, what followed in the Moore case has far reaching consequences that threaten the very essence of justice for everyone in our State.

The calloused indifference to the law shown by the JIC, COJ, the Alabama Supreme Court and the Special selected Supreme Court, should leave every law abiding Alabamian with gut-wrenching nausea that comes from witnessing injustice. Instead of standing for the law each one of these entities bowed before a court of public opinion, whose fierce indignation was clearly heard by the individuals on the panels that tried and convicted Moore.

But it is wise to remember that public opinion is a fickle mistress, that often turns on the ones she seduces.

Those judging Moore acted politically, not wholly according to the Black letter of the law. Unfortunately, the public may never know the truth about how and why a popularly elected Chief Justice was removed from the bench.

Moore’s case was meant to be about one man’s actions, but it became an example of the corruption that permeates State politics. And while Moore was found guilty under a cloud of suspicious judicial review, it was the bold lynching of justice itself that will be the legacy of this very sordid affair.

Even those who believe Moore’s guilty, and are satisfied with his punishment should agree that unsealing the case documents necessary to ensure the process was a fair and just.

 

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Bill Britt

Opinion | Fear not, fight on and don’t faint

Bill Britt

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The spread of COVID-19 in Alabama is worse today than it was yesterday, and in all likelihood, it will be more devastating tomorrow.

The realities of the moment challenge us to be strong, resilient and persistent.

On Sunday, the number of confirmed COVID-19 infections in the state passed 1,800, with 45 reported deaths. Those numbers represent real people, our fellow citizens, friends and loved ones.

The latest figures coming from the state may be only a hint of what’s next.

More of us will survive this disease than succumb to it, but we will all feel it, even naysayers and deniers.

The fight against this pathogen is not a sprint that will end swiftly; it is a marathon. Therefore, perseverance is critical. In sports, as in life, perseverance separates the winners from the losers.

Winston Churchill said, “If you’re going through hell, keep going.”

As a state and a nation, the times demand we keep going without fear.

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These are not the worst of times; these are trying times that will pass. This is not a happy talk but a message from history. History teaches that humans are adaptive and, therefore, survivors.

It doesn’t mean that horrible things aren’t happening; they are.

People are sick, some are dying, but all the while along with doctors, nurses and health care providers, there is a legion of ordinary Alabamians doing simple things that in the context of this calamity are extraordinary.

Individuals who deliver groceries, stock shelves and cook take out are putting themselves at risk so others can eat. The same can be said of thousands that are keeping essential services open.

These individuals are displaying the very essence of perseverance — the will to push forward when it would be easier to quit.

In George S. Patton’s speech to the Third Army during World War II, he delivered many memorable lines that are not easily quoted in a general publication. Patton was fond of profanity. But many apply to our current situation.

“Sure, we all want to go home. We want to get this war over with. But you can’t win a war lying down,” Patton said.

We will win if we don’t give in and don’t quit.

This isn’t hell for all, but it is for some.

Now is a time for each of us to do what we can to ensure that we all survive.

My mother was fond of quoting scripture and sometimes with her own unique twist.

Galatians 6:9 was one of her go-to verses.

“And let us not be weary in well doing: for in due season we shall reap if we faint not.”

She would say, “Now, that doesn’t mean you won’t get woozy, or that you won’t need to take a knee. It says don’t faint — never give up.”

Then she would round it off with, “‘Spirit is willing, but the flesh is weak,’ to heck with the flesh, it will follow where the mind tells it to.”

What we do now will determine who we will be as a state and nation once this pandemic subsides. Will we be better, stronger, and more humane, or will we further cocoon into tribes who are weaker, disparate and frightened?

Fear not, fight on and don’t faint.

 

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Bill Britt

Opinion | Take action, lead

Bill Britt

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My wife and I lived in New York City on 9/11 and heard the first plane roar overhead before crashing into tower one of the World Trade Center. That act of terror was swift, startling and violent.

COVID-19 is a slow-burning fire consuming resources, businesses and most terribly, lives.

Any reasonable person knows that now is a time to take decisive actions, big and small.

In the days following the attacks of 9/11, our leaders followed a steady drumbeat to war, a war that still lingers.

Today, there is no one to battle except the virus itself, and anyone with eyes to see and a mind to reason understands that our nation and state were ill-prepared to lead the charge.

This doesn’t mean that government leaders aren’t trying; it simply means at varying levels they were not ready.

In the aftermath of 9/11, some excused the government’s ineptitude to detect the plot against the United States as a failure of imagination.

But a few weeks after the terrorist attack, I met with a top insurance executive who said that their company had gamed out a scenario where two fully fuel 747s would be highjacked and crashed into each other over the island of Manhattan setting the entire city ablaze.

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It was not a failure of imagination, just as the coronavirus outbreak isn’t either. In both cases, it was inaction.

Winston Churchill said, “I never worry about action, but only inaction.” Our leaders have been slow to act. He also said, “You can always count on Americans to do the right thing – after they’ve tried everything else.”

So it is again, there is nothing new under the sun.

It’s easy to sit back and critique, second guess and rattle off to anyone who will listen to how you would have done it differently. Armchair pundits and Monday morning quarterbacks are always in abundance.

Leadership is rare and only in times of real human crisis do we see who is up for the challenge.

I’ve been thinking a lot lately about the famous line from John F. Kennedy’s Inaugural Address on January 20, 1961. “And so, my fellow Americans: ask not what your country can do for you — ask what you can do for your country.”

Alabamians may not know how to shelter-in-place, but we do know how to hunker down for a spell.

What we don’t do very well is nothing.

At APR, we are busier than ever trying to inform the public on the ever-expanding calamity accurately. We neither seek to sensationalize or trivialize the news.

Daily, my concern is for the people of our state, the human toll this crisis will reap.

Yes, the economy is essential, but jobs and businesses can be replaced. Who can replace a human life?

No one knows when this pandemic will subside or what cost we will pay for early missteps, but every life saved is a victory and every life lost should weigh heavily on our souls.

The Biblical account of Job is rich in its instruction about loss and suffering. Job’s family, home, and business were all destroyed, but afterward, they were restored by a devine second chance.

And what did Job do to break the chain of misfortune?

“And the LORD restored Job’s losses when he prayed for his friends. Indeed the LORD gave Job twice as much as he had before.” KJV Job 42:10.

If you don’t pray, think about your friends and wish for their well-being.

All across our state, prayers and well wishes I’m sure are raining down.

We are all in the midst of a potential catastrophe of unknown proportions.

Yes, the government can do more and they must, but each of us should do what we can to help others as well. We must all lead in our own way.

The people of our nation and state are rising to the occasion, but still, many are in denial and they are adding to the problem.

Leadership is not an elected or appointed position; it is a choice; leaders stand up and lead.

 

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Bill Britt

Opinion | Have hope

Bill Britt

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Healthcare professionals and scientists seem to indicate that we are closer to the beginning of the COVID-19 calamity than at the middle or the end.

But even in times of real human crisis, hope isn’t dead but remains a vital thread in the fabric of what we know as the human spirit.

In his eighth State of the Union address in 1941, President Franklin D. Roosevelt said, “We have always held to the hope, the belief, the conviction that there is a better life, a better world, beyond the horizon.”

This is part of the message Roosevelt relayed to the American people as he prepared the nation to enter World War II.

Across the nation and here in Alabama, everyone is experiencing disruption to daily life.

Worry, doubt and fear is everywhere as minute-by-minute bad news rolls in like a spring deluge.

“Hope Springs Eternal,” is a phrase from the Alexander Pope poem An Essay on Man in which he wrote:

“Hope springs eternal in the human breast;

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Man never Is, but always To be blest.

The soul, uneasy, and confin’d from home,

Rests and expatiates in a life to come.”

“Hope is, of course, the belief one holds during difficult circumstances that things will get better,” writes Saul Levine M.D., Professor Emeritus in Psychiatry at the University of California at San Diego in Psychology Today. “It is unique to our species because it requires words and thoughts to contemplate possible future events.”

Dr. Levine concludes that hope is the very nature of the optimism that drives us to work toward overcoming.

“It has religious meaning for believers in God, who through prayer trust that their future will be protected by their Deity,” said Levine. “But the presence of hope is secular and universal, and serves as a personal beacon, much like a lighthouse beckoning us during periods of darkness and stormy seas.”

There is a reason for alarm as the government’s response to the COVID-19 pandemic has been uneven, ineffectual and at times bordering on dereliction of its duty.

For years, there has been a movement to shrink government to a size where it can be drowned in a bathtub. The response by the federal government to the COVID-19 outbreak is a manifestation of that thinking.

Except for Gov. Kay Ivey, most state officials have remained near mute or totally silent during the crisis. Lt. Gov. Will Ainsworth has offered encouragement. Still, others seem to be in hiding except for a few Republicans who have sought to politicize the moment by criticizing U.S. Sen. Doug Jones and Speaker of the House Nancy Pelosi.

These times call for decisive leadership, frank words about the realities facing our State but not political pandering.

Diseases like COVID-19 are not partisan, seeing neither Democrat or Republican. The State’s political leaders—the real ones—need to offer solutions, not partisan finger pointing.

Gov. Kay Ivey and her staff are doing their best, Press Secretary Gina Maiola is keeping the press informed almost hourly, likewise Communications Director Leah Garner is guiding the governor’s message so that the public is informed. Health officer, Dr. Scott Harris’, briefings are realistic, sobering and needed. Ivey’s chief of staff, Jo Bonner, is a steady hand quietly and methodically aiding the governor and the various agencies who need support.

There have been missteps and blunders, but the governor’s office is meeting a Herculean challenge with calm and efficiency.

If good intentions and best efforts are worth anything, if giving it one’s all is the best any of us can do, then Gov. Ivey and her staff deserve appreciation.

The situations in the State will worsen before it is better.

No one knows how long COVID-19 will plague our State, but be assured that hope and faith beat worry and fear every time.

In what has become known as the “Four Freedoms Speech,” FDR also had a message for the world. “Men of every creed and every race, wherever they lived in the world” are entitled to “Four Freedoms”: freedom of speech, freedom of worship, freedom from want, and freedom from fear.

Our present danger will pass and we will once again need to work to preserve the four freedoms that FDR spoke about so many years ago.

Hope is one of our greatest assets in times like these. Please remain safe, have courage and believe that better days are ahead.

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Bill Britt

Analysis | Alabama Power is keeping the lights on for everyone, that’s not enough for some

Bill Britt

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Alabama Power Company last week announced that it had not and would not disconnect any of its utility customers during the COVID-19 crisis. That commitment was not enough for the environmental group GASP or Energy Alabama.

That was the simple story I was writing when the absurdity of the situation dawned on me.

This is no time to politicize a crisis.

The hardworking women and men at Alabama Power are on the frontlines of the COVID-19 battlefield making sure the citizens and businesses of the state have reliable energy despite the dangers posed by the coronavirus virus.

Since the Governor’s emergency declaration Alabama Power has determined that there would be no disconnects and no late fees.

“We have not terminated service for any customer since the declaration of emergency by the state,” wrote APCO spokesperson Michael Sznajderman to APR. “It has been our policy since that declaration that no customer financially affected by this health crisis will experience a service interruption.”

But GASP and Energy Alabama want Alabama Power to do more for customers impacted by COVID-19. Alabama Power has said it will work with each customer who has been affected by the crisis with no disruption of service and no late fees.

But again, that is not enough for GASP and Energy Alabama.

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Electrical power is an essential resource, so is food and gasoline, but no one is demanding that Publix or Exxon-Mobile provide groceries and fuel without payment. And neither has a food chain or filling station offered a free supply of gas or groceries until the end of this critical period.

For any individual or group to demand free gas and food would be seen as absurd, but somehow utilities should shoulder the burden, and they do.

For those who cannot pay their utility bills, Alabama Power is giving what amounts to an interest-free loan.

Credit card companies are still charging interests and late fees and no customers are being able to spend without limits, but that is what Alabama Power is doing for its customers.

However well-meaning these demands being made by GASP and Energy Alabama are, they seem to be more political than practical.

But Alabama Power has been a target of political grandstanding since Gov. George C. Wallace determined that racist rhetoric wasn’t enough to win every election and he needed a “cause” to fight for the common man. Wallace vilified Alabama Power for political gain, nearly bankrupting the company along the way.

All good populist crusades need a villain to rail against, synthesizing the fight to a David versus Goliath trial with the populist as the champion.

Of course, most times when a journalist slams Alabama Power, the left cheers, but if anyone dares to point out facts that might agree with the utilities company’s position, they must be on the take.

How silly and cynical is the world of politics where everything is conspiratorial and everyone is getting paid?

At APR, we present arguments left, right and center and when we see injustice or absurdities, we are not afraid to speak.

Alabama Power is a big company that employs thousands of Alabamians and for decades, it has been the foil of politicians, environmentalists and others.

Right now, Alabama Power’s employees are working tirelessly to keep the lights on for every citizen and business in the state.

Now is not a time for political grandstanding or seeking a fight where none truly exists.

Alabama Power has said it will not disconnect any customer or charge late fees and will work with those who need help once the crisis passes.

For now, “Always on” is a reassurance to every citizen who is out of work or struggling to make ends meet in this challenging time.

GASP and Energy Alabama may have a role to play, but during these trying times, we are better if we work together for our community and not our political causes.

Since publishing this article Alabama Power issued a more definitive statement view here. 

 

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