Mike Hubbard is likely going to prison within the next couple of months.
Hubbard, the former Alabama House speaker, had his conviction on 11 felony ethics counts partially upheld last week by the Alabama Supreme Court. The justices overturned five of the charges and sent them back to the Alabama Criminal Court of Appeals for review, but upheld six of his charges.
And those six matter a lot.
Under the original sentence imposed by Lee County Circuit Court Judge Jacob Walker, Hubbard was set to serve four years in prison and eight years of probation. That sentence was structured in a manner that all but assured that Hubbard would serve that time unless the entire verdict against him was overturned.
It wasn’t. And a source familiar with the ALSC’s opinion in the case told APR that the justices were fully aware that their opinion would not lessen Hubbard’s jail time.
That ALSC opinion puts an end to Hubbard’s appeals bond that has allowed him to remain a free man as his case worked its way through the appeals process over the past four years.
According to the Lee County Circuit Court clerk’s office, once a final determination is made by the ALSC on charges that result in a sentence, that opinion is the final piece supporting the need for an appeals bond.
Basically, there are no additional avenues for appeal that could possibly result in Hubbard not serving his prison sentence, so the bond has to be revoked and Hubbard sent to prison.
Once Walker receives the certificate of judgment from the ALSC showing it upheld the counts that related to Hubbard’s sentence, that should prompt Walker to revoke the bond and Hubbard will be notified that he is expected to begin his prison term.
According to Scott Mitchell, the clerk of the Alabama Court of Criminal Appeals, that certificate of judgment can’t be issued by the ALSC until at least 14 days have passed. That span allows both the prosecution and defense time to submit requests for rehearings on ALSC’s opinion. Should either side do so, consideration of those requests by ALSC could add more time.
“It’s really hard to say (how long it might take) — it’s such a case-by-case thing,” Mitchell said. “It could be anywhere from weeks to a couple of months before we get it.”
It is also not uncommon for one side or the other to ask for an extension of time to file their requests for a rehearing, which would add additional time.
However, once that certificate is sent out by the ALSC, it should trigger Walker to revoke the appeals bond.
The Criminal Appeals Court will also have to review Hubbard’s case and issue a new decision that considers the ALSC’s opinion on the six reversed counts. That process is likely to take much longer.
“Again, a lot of factors play into that and it’s hard to determine how long any one case might take,” Mitchell said. “I’d say you’re looking at a few months at least.”
It will only add to the extraordinary length of this case.
Hubbard was convicted in June 2016 on 12 felony counts for using his office for personal gain and directing public business to his clients. Court testimony and evidence revealed Hubbard was making more than $600,000 per year in “consulting” contracts, mostly for work in areas in which he held no prior work experience.
Since his conviction, a team of attorneys working for him — and financed by his campaign funds and various other entities — have challenged every word of his conviction, accusing the prosecution of misdeeds and attacking the state’s ethics laws — which Hubbard helped write — as overly broad and vague.
Those appeals have been successful in getting half of the charges knocked down. But because Hubbard’s prison sentence was tied to only a couple of the specific charges, those decisions will not lessen his jail time.
Voting rights activist calls for federal Department of Democracy
LaTosha Brown, a Selma native who co-founded Black Voters Matter, issued a statement saying that it is time to reimagine American democracy.
The co-founder of an organization that is working to mobilize Black voters in Alabama and elsewhere used the 55th anniversary of the Voting Rights Act on Thursday to call for a new federal agency to protect voting rights nationwide.
LaTosha Brown, a Selma native who co-founded Black Voters Matter, issued a statement saying that it is time to reimagine American democracy.
“The Voting Rights Act should be reinstated, but only as a temporary measure. I want and deserve better, as do more than 300 million of my fellow Americans,” Brown said.
The U.S. Supreme Court invalidated a key provision of the law in a 5-4 ruling in 2013, eliminating federal oversight that required jurisdictions with a history of discrimination to get approval before they changed voting rules.
“To ensure that the Voter’s Bill of Rights is enforced, we need a federal agency at the cabinet level, just like the Department of Defense,” Brown said. “A Department of Democracy would actively look at the patchwork of election systems across the 50 states and territories. With federal oversight, our nation can finally fix the lack of state accountability that currently prevails for failure to ensure our democratic right to vote.”
She cited excessively long lines, poll site closings and voter ID laws in the recent primaries in Wisconsin, Georgia, Kentucky and Texas as voter suppression techniques that disproportionately affect Black and other communities of color.
Brown said that the July 17 passing of Rep. John Lewis, who was nearly killed marching for voting rights in Selma in 1965, has amplified calls for the Voting Rights Act to be strengthened. That’s the right direction, she said, but it isn’t enough.
“History happens in cycles, and we are in a particularly intense one. We have been fighting for the soul of democracy, kicking and screaming and marching and protesting its erosion for decades,” Brown said.
Arrest warrant issued for Rep. Will Dismukes for felony theft
Dismukes is charged with first-degree theft of property in connection with a theft that occurred at his place of employment between the years 2016 to 2018.
An arrest warrant has been issued for Alabama State Rep. Will Dismukes, R-Prattville, for felony theft from a business where he worked, Montgomery County District Attorney Daryl Bailey said Thursday.
Dismukes is charged with first-degree theft of property in connection with a theft that occurred at his place of employment between the years 2016 to 2018, Bailey said during a press conference.
Bailey said the charge is a Class B felony and levied when a person steals in excess of $2,500 and that “I will tell you that the alleged amount is a lot more than that.”
“The warrant has just been signed, his attorney has been notified and we are giving him until late this afternoon to turn himself in,” Bailey said.
Bailey said the employer contacted the district attorney’s office with a complaint about the theft on May 20, and after reviewing bank records and interviewing witnesses, the decision was made to charge Dismukes with the theft.
WSFA reported Thursday that the theft occurred at Dismukes’ former employer, Weiss Commercial Flooring Inc. in East Montgomery. Bailey did not provide any more specifics on the charge but said the employer signed the arrest warrant after countless hours of investigation on the part of the DA’s office.
While the charge stems from a complaint filed months ago, Dismukes been in the headlines recently and faced a torrent of calls for his resignation in recent weeks after posting to Facebook an image of himself attending a birthday celebration for the first grand wizard of the Ku Klux Klan, Nathan Bedford Forrest.
The event was hosted by an individual with close ties to the League of the South, a hate group, according to the Southern Poverty Law Center.
In response, Dismukes stepped down from his post as a pastor at an Autauga County Baptist church but defiantly refused to step down from the Legislature.
If convicted of the felony, Dismukes would be immediately removed from his seat in the Alabama House, to which he was elected in 2018.
In June, the Alabama Democratic Party called for his resignation over previous social media posts glorifying the Confederacy.
Opinion | Deception, subtlety and the wholesale destruction of current ethics laws mark proposed rewrite
Legislation proposed by Rep. Mike Ball, R-Madison, would radically alter the existing State Ethics Act rendering it useless as an effective tool to regulate the behavior of public officials, much less prosecute a rouge lawmaker.
Testifying at a pre-trial hearing in the criminal case against then-Speaker of the House Mike Hubbard in April 2015, Ball said the ethics laws needed amending to avoid prosecutions like Hubbard’s in the future.
If HB179 becomes law, Ball will have fulfilled the words he spoke at the Lee County Court House, where Hubbard was tried and convicted.
As House Ethics Committee Chair, Ball has sought to change the State’s Act since Hubbard was indicted.
Ball’s bill is subtly written from an enforcement and trial perspective to neuter the law.
Words are added, deleted, and meanings changed in ways that might look harmless but actually open the door for the kind of corruption Republicans vowed to change in 2010, when they passed the toughness in the nation’s ethics laws.
Beyond changes that would allow for general corruption to go unpunished, Ball’s legislation would strip the Attorney General and district attorneys of their power to prosecute anyone who violates the ethics laws without first securing approval from the State Ethics Commission.
All prosecution of any public official would first have to be approved by the Ethics Commission, a group that has repeatedly shown that it bends its decisions according to the prevailing political winds.
HB179 reads in part, “This bill would prohibit the Attorney General or a district attorney from presenting a suspected ethics violation by an individual subject to the code of ethics, other than a member or employee of the commission, to a grand jury without a referral by the commission.”
In other words, Ball would have a politically-appointed commission decide if law-enforcement agencies can seek indictments against wrongdoers.
Neither the Attorney General or a county district attorney can even impanel a grand jury in an ethics probe without the commission first finding probable cause.
Some of Ball’s alterations come in the form of removing whole sections of the law under the guise of redefining words, like “a thing of value” or “widely attended event.”
An example of how Ball’s legislation plays with the law is under the section of code, which defines a family member of a public official. Currently, a family member is “[t]he spouse, a dependent, an adult child and his or her spouse, a parent, a spouse’s parents, a sibling and his or her spouse, of the public official.” Ball changes it so it only includes a spouse and a dependent. That means that a public official may act to enrich his adult children, a parent, an in-law a brother, or a sister. These small but destructive alterations to the law are at the heart of Ball’s legislation.
Some loopholes are so extensive that a sitting legislator could be paid by a city or county governmental economic development entity and still seat in the Legislature voting on bills that might directly affect his consulting client.
Out-of-state junkets make a comeback as do several other goodies lawmakers have been desiring.
It seems Republicans want to cash in on the rewards of office like Democrats did once upon a time.
One thing is clear, Ball didn’t write the bill, but whoever did knew precisely what they were doing and were probably paid handsomely for their efforts.
There are so many cunningly deceptive changes to the ethics laws in Ball’s bill as to make it impossible to catch them all without days of intense study—and perhaps a team of lawyers.
Ball, one of Hubbard’s most an ardent defenders has said Hubbard’s indictment and conviction was a political witch hunt. He has said he wants to rewrite the ethics laws to save future Hubbards; it now looks as if he has.
Former state senator challenges Poarch Creek legal status
Former state Sen. Gerald Dial raised questions at a Tuesday press conference over the legal status of the Poarch Band of Creek Indians, distributing letters from high ranking officials in the Department of the Interior who question the tribe’s history and its legal rights to operate casinos.
In one letter, written by then-Interior Department solicitor David Bernhardt, Bernhardt flatly questions the Poarch Creeks’ history as a tribe and states that: “… the record simply does not support the Band’s existence as a separate tribal entity with a government relationship with the United States.” That letter also determines that the tribe should not have authority to operate a casino on lands in Montgomery, where PCI currently operates a casino.
“What if they’re not really legal?” Dial asked during his press conference. “Would this not be the biggest scam on Alabama?”
It is unclear what weight the letters, which were written between 2009 and 2011, currently hold, since statute-of-limitations considerations would certainly come into play. Dial tied the revelations in the letters to a recent issue with a Florida tribe, which was forced to repay around $1 billion in back taxes. It’s also unclear how the two cases are similar.
What is almost certainly an issue for PCI, given the opinions expressed in the letters from Bernhardt, who is now the Interior Department secretary, is future gaming expansion for the tribe within the state. Any expansion without a compact for the Poarch Creeks would require the Interior Department and Bureau of Indian Affairs to approve trust lands. Such approval appears highly unlikely.
APR has reached out to the Interior Department for more information but has not yet received a response.
At the press conference, Dial questioned why the Poarch Creeks have not received a compact with the state — the only federally recognized tribe operating gaming casinos in the U.S. without a compact — and raised questions about the billions of dollars the state has lost because of that fact.
“They have spent billions all over the U.S. and outside of the U.S. — if you have a child with college debt, that should bother you,” Dial said. “The Poarch Creeks and their money have been directly responsible for killing lottery bills that would have paid for that college. And they put that money into other states, to help their kids go to college debt free.”
To that end, current state Sen. Jim McClendon led off the press conference with legislation that would prevent PCI, and all other gaming entities in the state, from contributing to political campaigns — directly or indirectly.
“I am not making claims of corruption, but we must be very wary of the appearance of corruption,” McClendon said. “I’m not making claims of undue influence based on monetary donations, but we must be very wary of undue influence.
“Now is the time to put a stop to this invasion of gambling dollars.”
McClendon and Dial each claimed the Poarch Creeks have dumped more than $4 million into recent elections, and McClendon also blamed the tribe for his recent lottery bills dying quick deaths despite receiving favorable receptions from voters and other lawmakers.
Mclendon predicted that there would be legal challenges to his legislation, but he compared it to laws barring regulated industries from contributing to the Alabama Public Service Commission.
“I expect there will be legal challenges to this legislation,” he said. “Rest assured, it will come from those with big bucks.”
He also expects some pushback from his colleagues in the Legislature.
“Since a number of people in the Senate have taken gambling money, I’m sure they will speak up,” McClendon said. “It’ll be interesting to see what position they take.
“There is a lot of money flowing from gambling interests and I don’t think it’s healthy at all.”
Tuesday’s press conference comes as the 2020 legislative session gets under way and lawmakers are expecting to tackle new gambling legislation that might finally put an end to the purgatory state in which Alabama gambling exists.
Currently, PCI operates three electronic bingo casinos, but doesn’t have a compact with the state and pays zero state taxes on the billions they collect each year. There are also three operating dog tracks, two of which offer electronic bingo games and a third that offers pari-mutuel wagering machines.
For years, lawmakers have toyed with the idea of legalizing some form of gambling, but the various interested parties involved have never been able to come together and reach an agreement. That usually results in gambling bill after gambling bill dying for lack of support in one house or the other.
Most recently, it has been the Poarch Creeks who have done the majority of the killing, knocking down gaming bills — with the help of tribe-friendly lawmakers — that they believe will cut into their current near-monopoly. In 2019, for example, one state senator, Greg Albritton, with the help of Senate President Del Marsh, managed to kill a McClendon-sponsored bill that was very popular with other lawmakers, because it cut all interested parties, including the Poarch Creeks, in on the games.
Another bill that would have allowed the tracks at VictoryLand and GreeneTrack to operate the same games as PCI was also killed.
Such heavy-handedness has rubbed a number of lawmakers the wrong way, and PCI’s quick ascent to power has also ruffled the feathers of longtime powerbrokers around the state.
Those hard feelings helped spawn Poarch Creek Accountability Now (PCAN), for which Dial serves as spokesperson. The non-profit has not disclosed its funding sources, which is legal, and Dial said at Tuesday’s press conference that it wouldn’t out of fear of retribution from PCI.
Dial released a trove of documents to the media, many of which show that federal authorities question PCI’s federally recognized status because of the Alabama tribe’s sketchy history. That status was achieved in 1984, and no one questioned it for several years. However, when PCI asked the Interior Department to approve trust lands for gaming at the Tallapoosa site in Montgomery, Bernhardt and his legal team apparently discovered that there fatal flaws.
Most notably, for a tribe to achieve federally recognized status, it has to prove that it had a pre-existing relationship with the U.S. government. The Poarch Band, which was a mish-mash of former Creek groups left behind after the Trail of Tears, never had such a relationship, according to documents contained within Interior Department legal research.
That is why Bernhardt and his team refused to approve the Tallapoosa lands for gaming in 2009. That decision was later withdrawn after the Interior Department failed to come to a comprehensive agreement on the lands, and PCI overall, within the required timeframe, and PCI was allowed to move forward with gaming operations at the site.
The state has challenged PCI’s standing in a federal lawsuit, and Escambia County challenged it another, with both citing problems with its history. However, neither lawsuit specifically addressed the issues raised by Bernhardt, nor did they challenge individual land trust decisions.