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Bentley to face Collier in unlawful termination trial

Bill Britt

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A breaking news story published by APR on March 1, 2016, exposed Gov. Robert Bentley’s attempt to cover up the firing of Alabama Law Enforcement Agency Secretary Spencer Collier.  Nearly three years to the day after the Monday Massacre, Collier will have his day in court.

Monday Massacre at ALEA

Montgomery Circuit Judge Greg Griffin has set a March 4, 2019, trial date. Collier will face Bentley in his unlawful termination suit.

The Monday Massacre as it is known was part of Bentley’s scheme to accuse Collier of criminal wrongdoing as a pretense for his firing him a few weeks earlier.

Bentley and his alleged mistress, Rebekah Caldwell Mason, along with others in the administration sought to paint Collier as a crook; however, a Montgomery Grand Jury cleared Collier of all the allegations leveled by Bentley and his cohorts.

Collier’s case against the former governor revolves around a claim of unlawful termination. Collier was fired from his position at ALEA after he refused Bentley’s order to lie in an affidavit to the court in former House Speaker Mike Hubbard’s trial. After his firing, Bentley’s paramour, Mason, and Collier’s replacement, Stan Stabler, launched a smear campaign against him.

In a nearly six-hour deposition, Bentley admits to most of the allegations brought by Collier, except he blames Collier’s replacement, Stan Stabler, for the dirty deeds.

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Gov. Kay Ivey, rather than settle the lawsuit, has spent over $400,000 to defend the disgraced governor.

With a trial date looming, the Ivey administration faces humiliation for defending Bentley as a jury trial will make public sorted tales of romance, revenge and dirty dealings during Bentley’s tenure.

“We are ready to go the trial,” Collier’s attorney, Kenny Mendelsohn, told APR on Monday. “We have a few more depositions to take, but we feel good about presenting the case to a jury.”

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Few court observers understand why Gov. Ivey’s administration would spend public resources and political capital to defend Bentley when the state’s General Liability Trust Fund would cover Collier’s claim.

“This is not about the state defending itself,” said an Ivey insider. “This is about a vengeful governor [Bentley] and his girlfriend working to ruin a man’s life for doing his job.”

Not only did Bentley and Mason try to discredit Collier, they worked to ruin him, as noted in court findings. Additionally, the prolonged legal battle financed by the state has placed an extraordinary strain on Collier and his family.

Collier suffered a debilitating back injury during his state service which resulted in several back surgeries. Bentley’s lawyers have tried to use Collier’s back injury as a way to paint him as a drug addict, but court records show that instead of increasing pain medications, as with an abuser, Collier under doctor supervision has lowered his intake and dosage on pain medication.

Despite the evidence, lawyers paid by the Ivey administration have worked to smear Collier at every turn says a former administration official who has encouraged settlement.

The administration fought to protect Bentley, arguing executive immunity, but the court found that the immunity clause didn’t apply because Bentley’s retaliation against Collier fell outside of his official duties.

As APR‘s Josh Moon wrote in September, “Griffin’s decision to allow the case to move forward, and specifically rejecting the defense’s motion to dismiss on the grounds that Bentley was immune from prosecution.” As Moon observed, Griffin’s ruling recast Bentley’s position which means the state has no responsibility to cover Bentley’s legal fees.

Opinion | Maddox is right: The state shouldn’t pay for Bentley’s attorneys

Collier’s case will now test the limits of future governors’ immunity standing.

Judge Griffin also encouraged the parties to notify him if a settlement was reached before the trial date.

Indications within the Ivey administration are that reaching an agreement with Collier might be desirable but uncertain.

According to Collier’s attorney, he looks forward to facing his former boss before a jury of their peers.

APR reached out to Gov. Kay Ivey’s office and received no comment on the trial.

 

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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 have 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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Moore says the Constitution is under God’s laws

Brandon Moseley

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Saturday, Senate candidate former Chief Justice Roy Moore (R) presented his views on the Constitution and the sovereignty of God to attendees of the Conservative Leadership Conference in Florence.

“The form of government is both the Declaration and the Constitution,” Judge Moore said.

Moore argued that the rights granted to the citizens in the Bill of Rights do not come from the Constitution itself; but rather from God and the Constitution is there to protect those rights that God has ordained.

“The Constitution is the supreme law of the land; but the Constitution is under the rule of God,” Moore stated. “We as Americans, as Republicans as Democrats should go back to the Constitution.”

“Democrats are trying to move us toward a socialist government,” Moore warned. “The same people who want to take our guns away want to take prayer out of schools.”

“Most Christians do not understand the Ten Commandments,” Moore said. The first four are the duties that we owe to God and the last six are the duties that we owe to each other.

Moore quoted from Washington, Blackstone, and the 1954 legislation that inserted “under God” into the Pledge of Allegiance.

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Moore said that Project Birmingham used Russian style tactics to undermine the support for Roy Moore and build up support for Doug Jones. Moore also blamed Richard Shelby for his defeat.

Moore said that Democrats have used similar smears liked the ones used against him in 2017 against Brett Kavanaugh and Clarence Thomas.

“When you vote is stolen from you by tactics that is wrong,” Moore said/

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Moore warned that the greatest threat to this nation is the decline in morality. “We are at a critical point in our history.”

Moore warned that no nation could take us down from without; but that we could fall from within and warned of the growing agenda of the LGBTQ community.

“We are starting to recognize transgender rights above the right of your rights,” Moore warned.

“We are five votes (in the Senate) away from overturning everything our country is founded upon,” Moore warned if the Equality Act is passed. The Equality Act, “Which sounds good is about to take away the most precious thing our country is founded upon: our freedom of conscious.”

Moore warned that the legislation would lead to men in girls’ bathrooms and in girls’ sports.

Moore said that when man invents rights that are not from God it leads to problems. The right to privacy was invented and from that came the right to abortion, which has resulted in the deaths of millions, the right to sodomy, and the right to gay marriage. Now we are about to create a right of transgenderism.

Moore said that marriage was ordained by God as between one man and one woman. “If you can make it between two men you could make it between five men and between a man and a horse.”

“How do you correct it?” Moore asked rhetorically. “You recognize the sovereignty of God.”

“I have been mocked and removed from office twice,” Moore said.

“I am sick of seeing politicians carrying Bibles and doing nothing,” Moore said. The national debt was $5 trillion in 2005 now it is $23 trillion. They say they are Pro-Life and yet Planned Parenthood continues to get taxpayer dollars.

“We keep quiet because we are afraid it is going to offend anybody,” Moore said. “I couldn’t keep quiet about Obergefell. I wrote an opinion in API.”

Moore is a candidate for the GOP nomination for U.S. Senate in the Republican primary on March 3.

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House

McCutcheon is in “wait and see mode” on medical marijuana bill

Brandon Moseley

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Speaker of the Alabama House of Representatives Mac McCutcheon (R-Monrovia) last Thursday was asked by reporters where he stood on pending medical marijuana legislation.

“I am in a wait and see mode,” McCutcheon told reporters. “The sponsor of the bill has done a lot of work.”

On Tuesday, State Senator Tim Melson (R-Florence) introduced a bill to legalize tightly controlled medical cannabis. The Medical cannabis bill introduced on Tuesday is Senate Bill 165.

“We have a letter from the Attorney General,” recommending that the legislature reject the bill.

Attorney General Steve Marshall (R) is arguing that while marijuana remains a federally controlled substance the legislature should not pass a state law that would be noncompliant with federal law. Marshall believes that if medical marijuana has any medical benefit then the federal Food and Drug Administration (FDA) will be the appropriate authority to approve such legislation and the state should wait for FDA to act.

33 states already have legalized medical marijuana.

“It brings up a legal question when you get a legal opinion from the attorney general office,” McCutcheon explained. “It answers some of my questions and also on the pro and the con there were some questions raised in the legal community.”

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McCutcheon said, “That is why we are in the mode that we are in.”

Melson introduced a medical marijuana bill last year during the 2019 regular session. That bill passed the Senate; but had difficulty getting out of committee in the Alabama House of Representatives. Instead of passing medical marijuana legislation the legislature passed a bill extending Leni’s Law and Carly’s law and establishing the Alabama Medical Cannabis Study Commission tasked with making a recommendation to the legislature.

The Alabama Medical Cannabis Study Commission was chaired by Sen. Melson and met monthly from August to November. In December, the commission voted in favor of a draft proposal recommending that the state allow licensed medical providers to prescribe marijuana based medications to patients with a demonstrated need. The state would create the Alabama Medical Cannabis Commission to regulate medical cannabis in the state. Farmers, processors, transporters, and dispensaries would have to get a license from the Commission and product would be strictly regulated.

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Despite the Commission’s recommendation, SB165 remains highly controversial in the legislature and there is expected to be considerable opposition to the bill. SB165 is 82 pages long.

SB165 has been assigned to the Senate Judiciary Committee. Judiciary Committee Chairman Cam Ward (R-Alabaster) told the Alabama Political Reporter that there will be a public hearing on SB165 on Wednesday, at 8:30 a.m. in the Alabama Statehouse room 825. Opponents and proponents will both be given the opportunity to voice their opinions.

Thursday was the fourth day of the 2020 legislative session.

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Elections

Congressional candidates call on Sessions, Byrne to stand up for South Alabama

Staff

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At a rare joint press conference, the Democratic Candidates for the First Congressional District called on Rep. Bradley Byrne and former Sen. Jeff Sessions to stand up for South Alabama following the Trump Administration’s proposal to cut nearly $300 million slated for projects awarded to Austal.

“The current administration’s decision to divert that funding from Austal to build the border wall is harmful to our community and will potentially put good jobs at risk,” said Dr. James Averhart, CW05, USMC retired. “This is nothing more than a political stunt on the backs of the hard-working men and women of South Alabama.”

Over the years, South Alabama has become a hub for shipbuilding and defense projects developing ships and planes for the United States military.

“While the President may be comfortable playing political games with our communities, our representatives must stand strong against this disastrous decision,” said Dr. Kiani Gardner, a scientist and professor. “We are grateful Senator Jones is speaking out against it and the devastating impacts it could have on our communities.”

This matter transcends partisan politics, our Republican representatives must stand with Senator Jones and tell President Trump to find a better way to protect our Southern border,” said Rick Collins, a longtime Mobile businessman.

This is only the latest Trump Administration proposals that could have devastating impacts for the local economy. Recently, the administration proposed new tariffs that would have a significant impact on Airbus’ local operation.

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