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Shelby votes to confirm Kavanaugh to the Supreme Court

Brandon Moseley

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Saturday, U.S. Senator Richard Shelby, R-Alabama, voted to confirm Judge Brett M. Kavanaugh to be the next associate justice on the Supreme Court of the United States.

“I voted today to confirm Judge Brett Kavanaugh, who has devoted 26 years of public service to our nation as a jurist, lawyer, and professor,” Sen Shelby said. “During the hearings, I found Judge Kavanaugh’s testimony to be credible. I also found the subsequent FBI report to be thorough. As a senator, my job is to carefully consider and review all available information. After doing so, it is evident that the accusations against Judge Kavanaugh are uncorroborated, and there is no confirmation of any of the alleged misconduct.”

“During his time as a federal judge, Judge Kavanaugh has been a principled, intelligent, and steadfast supporter of the rule of law,” Sen. Shelby continued. “In accordance with my constitutional right to ‘advice and consent,’ I advise that Judge Kavanaugh be the next associate justice on the Supreme Court of the United States.”

Judge Kavanaugh was confirmed in the Senate by a vote of 50 to 48.

Kavanaugh was nominated by President Donald J. Trump (R) on July 9 following the retirement of Supreme Court Justice Anthony Kennedy.

Kavanaugh has served for over a decade as a federal judge on the U.S. Court of Appeals for the D.C. Circuit and currently serves as the Samuel Williston Lecturer in Law at Harvard Law School. Kavanaugh has clerked for Justice Anthony Kennedy of the Supreme Court, Ninth Circuit Judge Alex Kozinski, and Third Circuit Judge Walter Stapleton. He worked for Ken Star on the Whitewater investigation into improprieties by the Clinton Administration. He worked in the George W. Bush (R) White House. Bush appointed him to the federal bench in 2006, where he has written more than 300 published opinions, including more than a dozen endorsements by the Supreme Court, and has a proven track record.

Senator Doug Jones, D-Alabama, voted with his party leadership against the confirmation of Kavanaugh. Jones has been highly critical of the process, which he called, “flawed” and “rushed”. Jones said that he found the women accusing Kavanaugh of acting inappropriately in the 1980s credible and was critical of the FBI investigation. Jones condemned Kavanaugh’s spirited defense of his character as, “Partisan attacks demonstrating a temperament that is unbecoming a sitting judge,”

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Kavanaugh is President Donald J. Trump’s second pick for the Supreme Court,

“I applaud and congratulate the U.S. Senate for confirming our great nominee, Judge Brett Kavanaugh, to the United States Supreme Court,” President Trump said on Twitter. “Later today, I will sign his Commission of Appointment, and he will be officially sworn in. Very exciting!”

Kavanaugh was sworn in Saturday night and will join the Supreme Court which is already in session. Conservatives are hopeful that Kavanaugh, Alito, Roberts, Thomas, and Gorsuch will establish a staunch strict constructionist majority for the first time in decades. Kavanaugh replaces the retiring Anthony Kennedy who was the swing vote on most major decisions.

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Josh Moon

How Alabama’s government stays broken

Josh Moon

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It doesn’t take a rocket scientist — or even any kind of scientist — to figure out that Alabama’s state government is broken. 

I mean, really, just look around. At the poverty, the poor education, the racism, the arrested public officials, the in-your-face public corruption and the complete disregard for the welfare of the majority of the people in the state. 

But, while the overall awfulness of Alabama’s governance might be easy to diagnose, the underlying causes — the daily examples that explain just how it stays so broken — are far harder to put your finger on. Because they are mostly wrapped up in mundane occurrences that take place within the walls of the State House or the capitol or the Supreme Court chambers or some other government building. 

Things like SB117/HB140. 

Those are the official names for a bill in both the senate and house that will “clarify existing law relating to disposal of solid waste.” 

Sounds innocent enough, right? Just gonna get this minor landfill situation straightened out. No biggie. 

Ah, but see, SB117/HB140 is the prime example of Alabama’s broken government. 

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It is the prime example of how your lawmakers aren’t working for you. It is the perfect encapsulation of everything that is wrong in this state.

Basically this landfill bill would make it OK to cover existing landfills with artificial covers, instead of the six inches of earth that is currently required. 

Now, this still doesn’t sound like a big deal. And it won’t be one if you don’t mind third-world diseases, the smell of rotting meat, frequent fires, coyotes and feral dogs roaming your streets and rats. Lots and lots of rats. 

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Applying six inches of earth each day to cover the garbage dumped at landfills prevents those things, the EPA figured out long ago. And it set those parameters in the rules it recommends to states. Alabama agreed, and the state adopted that rule, along with others, into law several years ago. 

Regular landfills have to cover with six inches of earth every day. Construction landfills have to do so once per week. 

This is a simple law. 

But if you operate a landfill, it’s an expensive one. And a time consuming one. 

Ah, but luckily, those laws are environmental laws. And in Alabama, we figured out long ago that environmental laws can be cumbersome and expensive, so we set up a bit of a … let’s just call it a workaround. 

The Alabama Department of Environmental Management. 

You’ll find we do this a lot — set up an entity that lies somewhere between the laws and the enforcement of the laws whose only job it seems is to give free passes to the bigwigs and corporations who violate those specific laws. 

We do it with the Ethics Commission. With the Public Service Commission. And with ADEM. 

It’s genius, really. The laws are still on the books and no one has to overtly roll back protections that would lead to rotting garbage attracting disease carrying rodents by the thousands. 

Instead, just get ADEM to quietly stop enforcing the law. 

Which is exactly what ADEM has done in this case. It was allowing landfills all over the state to cover garbage with tarps and various other materials. The tarps and other covers inevitably got holes in them, and a Noah’s Ark-level of animals descended upon the landfills to dine and spread the garbage all over adjoining neighborhoods. 

The neighbors, tired of the smell and the disease and the roaming animals, sued, citing in their legal filing horror stories of living near these maggot farms that smelled like death. 

They sued ADEM for failing to do its job, and for essentially rewriting the law to allow businesses to do whatever they wanted to do. 

And lo and behold, the Alabama Court of Civil Appeals agreed with them. In a lengthy, detailed decision entered last October, the five-judge panel noted that ADEM didn’t have the authority to rewrite the law. 

The case is now before the Alabama Supreme Court, but everyone knows that the Appeals Court judges are correct. 

But why bother with trying to win over judges when you can instead just change the laws through the crooks in the Alabama Legislature? 

And so, here we are, with a handful of lawmakers in both chambers of the legislature willing to attach their names to legislation that will allow businesses to ignore the standards imposed by the EPA, ignore the standards that are commonplace in most other states and change Alabama law to benefit a handful of landfill owners at the expense of thousands of Alabama citizens. 

And this, kids, is how Alabama’s government stays broken. 

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Courts

U.S. Attorney Jay Town to serve as working group co-chair on presidential commission

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via WHNT

U.S. Attorney Jay E. Town will serve as a Co-Chair of the Criminal Justice System Personnel Intersection Working Group on the Presidential Commission on Law Enforcement and the Administration of Justice.  The working group will examine how police, judges, prosecutors, defense attorneys, and correctional authorities intersect so that the system of criminal justice can enhance its ability to prevent and control crime and serve the victims of crime.

“I am humbled and honored to serve as working group Co-Chair on the Presidential Commission on Law Enforcement and the Administration of Justice,” Town said.  “The Criminal Justice System Personnel Intersection Working Group will address a multitude of issues seeking to broaden the relationships between every layer of law enforcement, improve relations between the community and the justice system, and find innovative ways to reduce crime as a result.  I look forward to joining my colleagues in this incredibly important and collective effort to help this Administration identify effective and systemic criminal justice reforms that will reduce and prevent crime in America.”

On October 28, 2019, President Donald J. Trump signed Executive Order No. 13896, authorizing and designating the Attorney General to create such a Commission that would explore modern issues affecting law enforcement that most impact the ability of American policing to reduce crime.  Attorney General William P. Barr announced the establishment of the Commission on January 22, 2020.

The Executive Order instructs the Commission to conduct its study by focusing on the law enforcement officers who are tasked with reducing crime on a daily basis. It also directs the Commission to research “important current issues facing law enforcement and the criminal justice system,” and recommends a variety of subjects for study, such as, but not limited to:

  • The challenges to law enforcement associated with mental illness, homelessness, substance abuse, and other social factors that influence crime and strain criminal justice resources;
  • The recruitment, hiring, training, and retention of law enforcement officers, including in rural and tribal communities;
  • Refusals by State and local prosecutors to enforce laws or prosecute categories of crimes;
  • The need to promote public confidence and respect for the law and law enforcement officers; and
  • The effects of technological innovations on law enforcement and the criminal justice system, including the challenges and opportunities presented by such innovations.

In studying these issues, the Commission will be assisted by “working groups.”  These working groups will consist of subject matter experts across the federal and state government and have a particularized focus on distinct issues the Commission will review (e.g. “Technology”).  They will assist and facilitate the Commission’s study of these issues, and provide advice and counsel on their specific subject.  The working groups, which will include our federal partners from the Departments of Homeland Security, Health and Human Services, Interior, Agriculture, Housing and Urban Development, and other federal agencies, will provide much needed expertise and insight on the important issues affecting law enforcement.  This Commission requires a team effort.  Such a rich variety of federal and state government participation is essential to the work at hand.  Once the Commission completes its study, it will recommend the best measures to empower American law enforcement to combat the criminal threats of our time, and to restore the utmost public confidence in our law enforcement to protect and serve.

In forming the Commission, the Department of Justice has marshaled together the expertise and experiences of all sectors of the law enforcement community—urban police departments, county sheriffs, state attorneys general and prosecutors, elected officials, United States Attorneys, and federal law enforcement agencies.  They come from distinct states, cities, counties, and towns across the country but share a common mission of safeguarding their respective communities from a variety of threats.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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Elections

Opinion | It’s time for Alabama Democrats to learn from Alabama Republicans

Josh Moon

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Democrats never seem to learn from Republicans. 

All around the country, and all around the state of Alabama, Democrats are still playing by the rules. Still listening to the cries and outrage from the other side. Still entertaining the idea that compromise and diplomacy are important to Republicans on some level. 

Still watching Lucy jerk that football away at the last moment. 

It’s time that stopped. 

It is time — actually, well past time — for Democrats to adopt the attitudes of their GOP colleagues, and just do whatever the hell you want to do. 

Whatever goal you set, go achieve it. Whatever policy is important, implement it. Whatever action you believe is right, take it. 

This is how Republicans have governed now for years. It is how they have wrestled control of the U.S. Supreme Court — just don’t hold a hearing for a duly appointed candidate — and how they have stolen elections — keep blocking attempts to secure elections. It is how they control half of Congress — thanks, gerrymandering! — despite representing nearly 20 million fewer people and how they have managed to offset a growing minority vote — put up every roadblock short of a poll tax. 

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In Alabama, it has how they adopted the AAA act to funnel tax money to private schools — just completely rewrite the bill in the dead of night — and how they passed the most restrictive abortion ban — just ignore promises and public opinion. It is how they have stopped attempts to pass gambling legislation — by straight up lying about the law — and how they have steadily cut into ethics laws — pretend that no one can understand the laws they wrote themselves — and how a House Speaker convicted on 12 felonies still isn’t in prison three years later — just don’t send him. 

They don’t care. 

About rules. About the law. About public perception. About basic decency. 

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And it’s time for Democrats, especially in Alabama, to adopt the same attitudes. 

Because if Republicans can behave this way to implement racist bills and roll back ethics laws and protect the income of the elites, then Democrats shouldn’t think twice about doing it to protect rural hospitals or new mothers’ health or workers’ rights or decent public schools. 

Now, this will be a big change for Democrats, so let me explain how this would look in practice, using the ongoing saga of Confederate monuments. 

Republicans shoved through an absurd bill last year that protects the state’s monuments to those who fought to enslave other human beings, and they’re shocked — shocked and outraged — that African Americans in Alabama might find it offensive to honor the men who enslaved their ancestors. 

The bill they passed last year was a dumb bill, right down to the portion which levied a fine on cities if those cities removed or damaged a monument. The bill completely screwed up the fines portion, failing to penalize cities for moving or damaging monuments over 40 years old and failing to place a per-day fine on those cities. Instead, the Alabama Supreme Court said the cities would be subject to one $25,000 fine. 

Birmingham has a monument that it desperately wants to move. It has already boarded up the monument in Linn Park, and the ALSC, in the same ruling, ordered the boards to come down. 

And this is the first opportunity for Mayor Randall Woodfin to approach this with a new attitude. 

Tear it down. 

Write out one of those big “Price is Right” checks for $25,000, hold a press conference and award that money to Steve Marshall like he just won at Plinko. 

At the same time, workers should be taking that monument apart piece by piece and moving it to the Birmingham Civil Rights Institute, where it can be viewed for its historical significance instead of serving to honor traitors and racists. 

No apologies. No shame. Don’t even entertain their complaints. 

A similar approach should be taken by the city of Montgomery in regards to its occupational tax, which Republicans are attempting to stop through legislative action. 

Montgomery is going broke, and it can’t put enough cops on the streets. Part of that is because every day about 70,000 people flood into the city to go to work, and then they leave each afternoon and spend their money in — and give their tax dollars to — surrounding cities and counties. 

Montgomery has to do something to offset the costs, so an occupational tax has been proposed. But just as quickly as it was, the ALGOP — the kings of handouts to people who don’t need them — passed a bill to block it. 

So, some creativity is required.

Instead of an occupational tax, pass a public safety tax. 

If you work within the city limits of Montgomery, but live outside of those city limits, your paycheck will now be taxed an extra 1 percent to offset the cost of the police and fire services that you might use while in the city every day. 

No apologies. No shame. Don’t listen to GOP complaints. 

It’s a shame that things have to be like this, but they do. Democrats have tried for decades to force rational debate and to promote the value of compromise. Those pleas have fallen on deaf ears, which have been attached to toddler-like brains that have justified atrociously selfish behaviors and awful governance. 

At this point, it has gone on so long and been so successful for Republicans, the only thing that might break through is a taste of their own medicine. 

Give it to them.

 

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Aerospace and Defense

Jones criticized for voting to limit Trump’s war powers authority

Brandon Moseley

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Thursday, U.S. Senator Doug Jones (D-Alabama) voted in favor of S.J.Res.68, a resolution which directs the removal of United States military from hostilities against the Islamic Republic of Iran that have not been authorized by Congress. Jones has been criticized by Republicans for voting to limit President Donald J. Trump’s war powers on Iran.

“Before a President can lead us into war, he or she must first earn the support of the American people and also fulfill their solemn constitutional obligation to seek approval from Congress,” Sen. Jones said in a statement. “While the President has the power to protect Americans in the case of an imminent attack, that authority does not extend to committing our service members to long-term hostilities unilaterally. This resolution sends a strong message that we will follow the Constitution and we will not send our troops into harm’s way without the serious consideration and consent of the Congress.”

Trump Victory National Finance Committee member Perry O. Hooper Jr. released a statement in response.

“Senator Jones once again turned his back on Alabama and voted as the leftwing Democrats commanded. He has no regard for the values, opinions or views of Alabamians,” Hooper said. “He sees us as deplorables just like the elites of the Democratic party who have funded 80 percent of his doomed campaign for re-election.:

Hooper stated, “I whole heartily support the President who stated ‘We are doing very well with Iran and this is not the time to show weakness… If my hands were tied, Iran would have a field day. Sends a very bad signal. The Democrats are only doing this as an attempt to embarrass the Republican Party.’”

“The Commander-in-chief must be free to work with his staff and his military leaders to conduct covert operations like the one that eliminated Iran’s terrorist-in-chief General Soleimani,” Hooper added. “You can’t micromanage the war on terrorism. The Democrats in Congress are so filled with Trump Derangement Syndrome that no matter how much it would benefit our country and the world; they would never give Trump a “victory”. If it came down to it, they would leak everything to the media no matter what the consequences.”

Senator Jones is a cosponsor of the legislation and a member of the Senate Armed Services Committee. Eight moderate Republicans voted with the Democrats on the resolution.

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Senator Jones has also been criticized by Republicans for his comments that he was “appalled” by Pres. Trump’s actions following his acquittal on both Articles of Impeachment.

“Newsflash for Senator Doug Jones: Most Alabamians have been appalled by his actions his entire time in office,” former Attorney General Jeff Sessions said. “It’s about time we send Doug home, and replace him with someone who understands our values. Alabamians deserve a Senator they can be proud of again.”

Sessions is a candidate for the Republican nomination for Jones’ Senate seat.

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The Republican primary will be on March 3.

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