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Senate confirmed Burke to be district judge in North Alabama

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Alabama’s senior U.S. Sen. Richard Shelby on Thursday released the following statement regarding the Senate confirmation of Judge Liles Burke to be a U.S. District Judge for the Northern District of Alabama. Burke was nominated to the judgeship by President Trump in September 2017.

“I am proud to have voted tonight to confirm Judge Liles Burke to be a District Judge for the Northern District of Alabama,” said Senator Shelby. “He is extremely qualified for this high honor, having served as a judge in Alabama for over a decade. I congratulate Judge Burke on this prestigious achievement and am confident he will serve our nation well.”

Judge Liles Burke currently serves as an Associate Judge in the Alabama Court of Criminal Appeals. He was named to the court by Governor Bob Riley in 2011 and elected without opposition to a full term on the Court in 2012. Judge Burke has authored the decision of the Court of Criminal Appeals in more than 1200 cases. During his years on the bench, he has served as President of the Alabama Appellate Judges Association and has been officer in both the Alabama District Judges Association and the Alabama Juvenile Judges Association.

Prior to serving on the Court of Appeals, Judge Burke was appointed to be a District Judge for Marshall County. Following this appointment, he was elected to a full term on the district court beginning in 2008 without opposition. During his time as a trial judge, he created Marshall County’s first family drug court and started one of the state’s first domestic violence courts.

In addition to his experience in the courtroom, Judge Burke serves as the leader of the Marshall County United Way fund drive, City of Arab Chamber of Commerce, and the Arab Historical Preservation Committee. He is also a Rotarian and alumnus of Leadership Alabama, an officer in the Judge Advocate General’s Corps of the Alabama Army National Guard, and an assistant organist at First United Methodist Church of Arab.

Following Thursday’s vote, five Alabama judicial nominees, initially nominated by President Trump in 2017, have been confirmed. One 2018 nominee still awaits confirmation, and one awaits a hearing before the Judiciary Committee.

Historic obstruction by Democrats has occurred during this administration’s attempt to confirm judges, the Senator’s Office office. The previous six presidents combined faced a total of 24 procedural votes on judicial nominees while President Trump has faced more than 100 during his first two years in office.

 

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Elections

Russell Bedsole announces candidacy for House District 49

Brandon Moseley

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Russell Bedsole on Tuesday announced his candidacy for Alabama House of Representatives District 49.

Bedsole has 22 years of experience with the Shelby County Sheriff’s Office. He has also been elected twice by the citizens of Alabaster to represent Ward 5 on the Alabaster City Council.

Bedsole’s campaign said during his time of service, Alabaster has benefited from positive economic growth, a first-class school system and a high quality of life.

Bedsole describes himself as a conservative Christian candidate.

“I believe that life starts at conception, that the 2nd amendment should be protected, that our taxes need to be low and fair, and that our cities and counties need their fair share of infrastructure support,” Bedsole declared.

Bedsole says that he is dedicated to the service of the citizens of District 49 and standing up for conservative values.

Bedsole is the only current public sector employee serving on the current city council, where he has fought to enhance the benefits of Alabaster employees.

Bedsole promised to make District 49 a great place to live for all of its citizens by working to improve District 49’s infrastructure and traffic flow, increase economic development, and advance school systems.

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“I have spent many successful years with my family by my side serving my community and demonstrating the type of leadership the people of District 49 will appreciate,” Bedsole stated. “I am patient enough to listen to those who have something to say, but bold enough to speak up for those who feel like they do not have a voice.”

“I humbly ask for your vote on August 4th to allow me to serve District 49,” concluded Bedsole.

Bedsole joins a crowded Republican primary field. James Dean, Chuck Martin, Jackson McNeely, Mimi Penhale, and Donna Strong are also running for the Republican nomination for House District 49.

The vacancy in House District 49 was created when State Rep. April Weaver (R-Briarfield) resigned to join the Trump administration as a regional director of the Department of Health and Human Services.

House District 49 consists of portions of Bibb, Shelby and Chilton Counties.

The special primary election for House District 49 will be held on Tuesday, August 4, 2020. If a runoff election is needed, it will be held on Tuesday, September 1, 2020. The special general election will be held on Tuesday, November 17, 2020.

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Congress

Brooks, Palmer join lawsuit against House’s proxy voting rule change

Brandon Moseley

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U.S. Rep. Gary Palmer, R-Hoover, and Mo Brooks, R-Huntsville, have joined constituents and members of the House Republican Conference as plaintiffs in a lawsuit challenging the constitutionality of a recently passed resolution that allows representatives to cast votes for themselves and others on the House floor, known as proxy voting.

The rule change was supported largely by Democrats along party lines who said it was needed during the pandemic to protect the health and safety of members of Congress.

“This rule change is not a mere procedure change, but a direct assault on the Constitution and over 200 years of precedent,” Palmer said. “The Constitution requires that Congress assembles. There is no emergency so great that Congress cannot meet to do its job of representing the people.”

Brooks said the proxy voting scheme is not only “unprecedented and antithetical” to the job of a House member, but it is also “blatantly unconstitutional.”

“Article 1, Section 5 of the Constitution requires that a ‘a Majority of each (House of Congress) shall constitute a Quorum to do Business; . . . and (each House) may be authorized to compel the Attendance of absent Members,'” Brooks said. “The Constitution requires that the House assemble a majority of its Members to conduct business, and there is no more serious House business than voting.”

Palmer said members of Congress should rise to the challenge of the pandemic and meet in person.

“Our history is littered with wars, pandemics, and attacks on American soil, but none of that has ever prevented Congress from meeting to do the people’s business,” Palmer said. “The current public health crisis should not change that precedent. Precautions can be taken, but Congress must show up to work like everyone else.”

House Republican Leader Kevin McCarthy of California is the leader of the proxy vote lawsuit. Alabama Congressman Bradley Byrne, R-Montrose, is already one of the plaintiffs.

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Byrne sues Speaker Pelosi to stop House rule changes

“The Constitution is clear that a majority must be present for the House to conduct business,” Byrne said. “Speaker Pelosi’s attempt to allow Democrats to cast multiple ‘proxy’ votes for their colleagues is a blatant violation of the Constitution. Under rules adopted last week, as few as 22 Democrats could claim a quorum and win a vote against all 197 Republicans. This scheme gives Pelosi and her lieutenants complete and dangerous unconstitutional powers. If Democrats won’t show up to vote, they should turn the speaker’s gavel over to Leader McCarthy and the Republicans who are actually willing to show up and work for the people they represent.”

“This week, House Democrats will break over 230 years of precedent and allow Members of Congress to vote by proxy on the House floor,” Leader McCarthy said. “This is not simply arcane parliamentary procedure. It is a brazen violation of the Constitution, a dereliction of our duty as elected officials, and would silence the American people’s voice during a crisis. Although I wish this matter could have been solved on a bipartisan basis, the stakes are too high to let this injustice go unaddressed. That is why, along with other members of the House and our constituents, I have filed a lawsuit in federal court to overturn Speaker Pelosi’s unconstitutional power grab.”

The Republican plaintiffs point out that in the last 231 years, the House of Representatives has never permitted a member to vote by proxy from the floor of the chamber. This includes during the Yellow Fever of 1793, the Civil War, the burning of the Capitol during the War of 1812, the Spanish Flu of 1918 and 9/11.

The GOP plaintiffs claim that voting by proxy is flatly prohibited by the Constitution.

Article I, Section 4, Clause 2 states: “The Congress shall assemble at least once in every Year, and such Meeting shall . . . .” o Article I, Section 5, Clause 1 states: “Each House shall be the Judge of the Elections . . . and a Majority of each shall constitute a Quorum to do Business; . . . and may be authorized to compel the Attendance of absent Members.” o Article I, Section 6, Clause 1 states: “The Senators and Representatives . . . shall . . . be privileged from Arrest during their Attendance at the Session of their respective Houses” • The constitution clearly contemplates the physical gathering together of representatives as a deliberative body. As the Supreme Court has held, to constitute a “quorum” necessary to “do business,” the Constitution requires “the presence of a majority, and when that majority are present the power of the house arises.” United States v. Ballin, 144 U.S. 1, 6 (1892)

The plaintiffs have filed a constitutional challenge in the D.C federal district court seeking to enjoin the use of proxy voting in the United States House of Representatives.

Congressman Mo Brooks represents Alabama’s Fifth Congressional District. Congressman Gary Palmer represents Alabama’s Sixth Congressional District. Alabama Democrats were unable to find candidates willing to challenge either of the two popular incumbents. Brooks did defeat a Republican challenger in March.

 

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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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Congress

Amid the pandemic, a campaign adapts

Chip Brownlee

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He stepped up to the podium, an American flag behind his right shoulder, an Alabama flag to his left. These briefings are much like any other press conference the senator has given since he took office in January 2018, except these are streamed on Facebook Live, and Sen. Doug Jones of Alabama wore a camouflage turkey hunting mask — the same one he’s worn on the floor of the U.S. Senate and in hearings.

He decided to wear it after a turkey hunt with his son and a friend a few weeks ago, with appropriate social-distancing, of course.

“Unfortunately, I think the turkeys were also maintaining social distancing from those who were trying to attract them,” Jones said in an interview. “I just thought, this is kind of nice. Why don’t I just go ahead and wear it? It’s an interesting mask for a southern Democrat.”

Since our interview, Jones has not backed off from his insistence that others wear a mask, too, when in public places. He regularly echoes messages from State Health Officer Dr. Scott Harris, Jefferson County Health Officer Dr. Mark Wilson, Gov. Kay Ivey and even Alabama head football coach Nick Saban, who all have stressed the importance of face coverings.

“There is so much misinformation that’s going on out there,” Jones said. “You know, I just feel like I have an obligation. I’m not a doctor. I’m not a scientist. I’m trying to learn and do the best I can. But for me to do the best I can, I’ve got to learn. I’ve got to listen. I think it’s important for the public to do that as well.”

Since he began the live-streamed press conferences seven weeks ago, they’ve gotten more than 300,000 views and have become a parade of the who’s who of Alabama’s COVID response. Public health experts, local officials, doctors and business leaders have been regular guests. Since the COVID-19 crisis began for Alabama in mid-March, Jones, the state’s junior senator, has been one of the most available and outspoken elected officials in Alabama, even when he’s in Washington. He lets public health experts answer questions. He urges caution.

“My responsibility is to get accurate information out from people who know the science and understand what we’re up against from a science and health standpoint,” Jones said in an interview. “Don’t listen to politicians on either side of the aisle unless they are just parroting what a health care professional says. Listen to science and listen to the data.”

In these briefings, Jones has avoided politics and campaign talk. He rarely casts blame, though he hasn’t been afraid to criticize the Trump administration’s handling of the virus or Senate Majority Leader Mitch McConnell for “playing politics.”

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A first-term Democrat elected in a surprise upset election in 2017, Jones has been walking a line between praising Alabama’s Republican governor for her leadership and criticizing President Donald Trump for what Jones says has been, and continues to be, a lack of leadership from the White House.

But what’s nearly as noticeable is what he has barely mentioned since Alabama confirmed its first case in March: his re-election campaign.

Jones is up for re-election in November as perhaps the most vulnerable incumbent Democrat in the country.

In a normal world, the campaign would be in full swing by now. But in COVID-era Alabama, despite the governor’s easing of restrictions, Jones does not even have an opponent, yet, and the campaign is in partial hibernation as the senator focuses on his work in his official capacity as a senator.

“Everything except fundraising has been on hold,” Jones said. “We’ve done some campaign Zoom, virtual events. But to be honest with you, I’ve been so engaged since March trying to do those things that I think I need to do as a senator, we still are trying to formulate what a campaign looks like going forward.”

Jones has sent a letter to nearly every agency in the federal government, it seems like, over the past month or two — whether it is the USDA, seeking more aid for cattlemen and dairy producers, or with questions about how the USDA is implementing food assistance programs. Or the Treasury, asking that taxpayers receive their relief stimulus payments on debit cards to make it easier and faster. He’s worked with Republicans like Arkansas Sen. Tom Cotton to get those things done.

He’s also pushed for expanded economic relief for small businesses and their employees through his Paycheck Security Act, a refundable tax credit of up to $90,000 annually per employee, to rehire and pay laid off and furloughed workers and restore their health care benefits.

If passed, it would also provide small and mid-sized businesses with funds to pay for rent, mortgages, utilities and other operating costs until they can reopen safely and sales begin to recover.

In the past few weeks, Jones has been pressing hard for a plan to bring health care manufacturing back to America — and to Alabama in particular.

“We’re so dependent on foreign countries — China and other countries — for our personal protective equipment, including for our prescription drugs,” Jones said. “We need to do all that we can to bring that manufacturing home. We should never ever get caught again in regard to a shortage of PPE because we don’t have enough for this country. There’s no reason why we can’t do it.”

Jones proposes using tax incentives for companies that build medical equipment in the U.S., retrain workers for those jobs and encourages companies to restart idle factories to make health care equipment.

“I think we could be the next healthcare manufacturing hub just like we’ve done so well with automobile manufacturing. There’s no question it’s coming,” Jones said. “Now we want Alabama to be on the forefront of that. I want us to be on the cutting edge of that, to be out front and not lose it to some of the other southern states.”

Regardless of who is nominated as the Republican candidate, Jones faces another uphill battle. As much as he is a full-blooded southerner — someone raised in a family that once supported firebrand segregationist Gov. George Wallace, someone who would wear a camo hunting mask to a press conference, someone who frequents deer stands with a rifle in the winter and turkey hunts in the spring — Jones is also a full-blooded Democrat.

He was a prosecutor appointed by President Bill Clinton, and has been a friend and supporter of Democratic presidential nominee Joe Biden since the former vice president’s first run for the presidency in the 1980s. In the few years since he took office, Jones has made it a mission to build up the Alabama Democratic Party, which was out of money and without a winning statewide candidate for nearly a decade before his win in 2017.

As much as Jones’s 2017 election — defined by the sexual assault, misconduct and harassment allegations against his opponent former, Alabama Supreme Court Justice Roy Moore — was shrouded in uncertainty and surprise, the 2020 campaign is likely to be even more chaotic in that it will be shrouded by concerns over the novel coronavirus.

Not only is Jones, a moderate Democrat, running for re-election in a red state loyal to Trump, he’s doing so in the middle of a pandemic.

“At this point, we would have thought we would have had an opponent by April 1, and more things would be transitioned over to campaign events,” Jones said. “We’ve just not been able to do that, for obvious reasons. But also, it’s just been extremely busy. I’ve felt like it is part of my job to try to be out there as much as I can to let folks know that we’re working. They don’t want to hear a campaign speech.”

While Jones has been holding weekly briefings, with more time in front of the camera than the state’s governor, his potential opponents have taken to attacking each other in public fashion. Trump has repeatedly waded into the fight.

Jones’s challenger hasn’t been picked yet. The primary runoff that will decide between former Auburn head football coach Tommy Tuberville and former U.S. Attorney General Jeff Sessions was postponed until July because of concerns over the virus.

While the two are battling over their support for Trump, they’ve largely avoided the topic of the pandemic. Sessions releases statements every few weeks calling for plans to “hold the Communist Chinese Government accountable for its cover-up of the Wuhan Virus” and little else.

Sessions’ feud with Trump and Tuberville, which reached a fever-pitch over the weekend, has grabbed far more headlines than anything Sessions or Tuberville have proposed to address the COVID-19 pandemic and the resulting economic crisis.

Jones said he’s paying little attention to that feud, even when he gets “@-ed” by the president on Twitter. Trump called Jones a “weak & pathetic puppet for Crazy Nancy Pelosi & Cryin’ Chuck Schumer” on Saturday in a tweet bashing Sessions and supporting Tuberville.

“I don’t really pay much attention to Jeff Sessions and Tommy Tuberville at this point,” Jones said. “We had a hell of a record going into February and March of this year. I was very, very proud of the things we’ve done for veterans, things for businesses, things for farmers. But we’ve been able to do things during this pandemic that have been extremely important for the folks in Alabama.”

No matter how the GOP primary turns out, Jones will be facing off against another unknown, as he has so many times before. Sessions, once a favored son, has drawn repeated criticism from Trump for recusing from Special Counsel Robert Mueller’s Russia investigation.

Tuberville has no government experience, though being a football coach might as well be a public office in Alabama.

Despite the virus, Republican campaign groups are beginning to hammer Jones over his support for Biden, and Republicans are banking on picking up Jones’s Senate seat.

Jones said he is confident the voters in Alabama will be able to judge his work separately from the party he is in.

“There are so many things that we have done for so many different groups in Alabama,” Jones said. “I think people are recognizing that all of a sudden, this Democrat who got elected in 2017 is paying attention, and we’ve been there for people. They see what we have done for the last two years, but they also see what we’ve done during this crisis.”

Trump won Alabama by nearly 28 percentage points in 2016, and Jones won by only a razor-thin margin in 2017, despite his opponent being credibly accused of sexual misconduct with women decades his junior. Republicans believe Moore was a particularly terrible general election candidate, and that pretty much any other Republican could beat Jones.

The allegations united a strange and perhaps unprecedented, at least in Alabama’s history, coalition of moderate crossover Republicans and black people, women and young voters who showed up for Jones. Either way, Moore had a history of underperforming in statewide general elections, having come close to losing an election to the Supreme Court in 2012.

But a national crisis is playing into Jones’s strength: handling situations outside of his control. He played the role of the “sane one” in the 2017 special election defined by accusations against his opponent, and he’s likely to be in a similar position again in 2020, regularly putting public health experts front and center while his opponents either avoid the spotlight, try to shift blame overseas or tie Jones to liberal Democrats in Washington.

“I’m not there to have President Trump’s back,” Jones said. “I’m not there to have President Biden’s back. I’m there to have Alabama’s back. And that’s exactly what we’ve been doing and that’s what we’re going to continue to do — doesn’t matter to me how Jeff Sessions or Tommy Tuberville approach what they think needs to be done. I think the people of Alabama want somebody that’s got their back, and not somebody else’s.”

As Jones heads into the 2020 election, he may be largely on his own. The two leading Democratic campaign groups reserved nearly $100 million for the November election in half a dozen states with Republican incumbents, Politico reported. But Jones was left out, and the largest Democratic Senate campaign groups won’t commit to spending big money on his re-election.

But even as those groups won’t commit, Jones is sitting on a war chest that’s nearly 10 times the size of either of his potential opponents. He has nearly $8 million saved up in his campaign account for the upcoming battle.

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