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Scandals Embroil Alabama Governor, Speaker and Chief Justice Scandals Embroil Alabama Governor, Speaker and Chief Justice
(about 4 hours later)
MONTGOMERY, Ala. — In the state capital these days, anybody who is anybody is either being investigated or being questioned about someone who is.MONTGOMERY, Ala. — In the state capital these days, anybody who is anybody is either being investigated or being questioned about someone who is.
The chief justice of the state’s Supreme Court has been hit with ethics charges for defying federal courts on same-sex marriage, and could be removed from his seat. The governor, caught on tape engaging in salacious banter, apparently with his powerful chief adviser, is facing criminal investigations and calls for impeachment.The chief justice of the state’s Supreme Court has been hit with ethics charges for defying federal courts on same-sex marriage, and could be removed from his seat. The governor, caught on tape engaging in salacious banter, apparently with his powerful chief adviser, is facing criminal investigations and calls for impeachment.
That the governor’s racy calls became public at all is because of what may be the most significant and sweeping crisis of the lot: the impending trial of the Alabama House speaker, Michael G. Hubbard, described by friends and foes as the most powerful man in state politics. That the governor’s racy phone calls became public at all is because of what may be the most significant and sweeping crisis of the lot: the impending trial of the Alabama House speaker, Michael G. Hubbard, described by friends and foes as the most powerful man in state politics.
Of the trifecta of calamities plaguing Alabama’s branches of government, it is Mr. Hubbard’s felony corruption trial starting this week that may rattle the state the most. The potential witness list, reflecting Mr. Hubbard’s business-friendly approach to politics, is a lineup of the state’s power elite, including bank executives, construction magnates, legislators, lobbyists, former Gov. Bob Riley and, promising a must-watch day of testimony, the current governor, Robert Bentley.Of the trifecta of calamities plaguing Alabama’s branches of government, it is Mr. Hubbard’s felony corruption trial starting this week that may rattle the state the most. The potential witness list, reflecting Mr. Hubbard’s business-friendly approach to politics, is a lineup of the state’s power elite, including bank executives, construction magnates, legislators, lobbyists, former Gov. Bob Riley and, promising a must-watch day of testimony, the current governor, Robert Bentley.
Mr. Hubbard and Mr. Bentley have vigorously denied wrongdoing, and Chief Justice Roy S. Moore, who was removed from the same position in 2003 for refusing to move a two-ton monument of the Ten Commandments from the state judicial building, insists that the ethics charges he is facing are without merit.Mr. Hubbard and Mr. Bentley have vigorously denied wrongdoing, and Chief Justice Roy S. Moore, who was removed from the same position in 2003 for refusing to move a two-ton monument of the Ten Commandments from the state judicial building, insists that the ethics charges he is facing are without merit.
“Start with Lord Acton and the famous axiom that power corrupts, and absolute power corrupts absolutely,” said Wayne Flynt, a retired professor of history at Auburn University. “Alabama has had a seamless transition from Democratic one-party rule and synonymous corruption to Republican one-party rule and synonymous corruption.”“Start with Lord Acton and the famous axiom that power corrupts, and absolute power corrupts absolutely,” said Wayne Flynt, a retired professor of history at Auburn University. “Alabama has had a seamless transition from Democratic one-party rule and synonymous corruption to Republican one-party rule and synonymous corruption.”
Power in Alabama is centralized by design. The state Constitution requires legislatively approved amendments for matters as trivial as local traffic laws, resulting in what has been described as the longest constitution in the world. Consolidating things further, Alabama has nearly always been a one-party state. For more than a century, that party was the Democrats and major political decisions were hashed out among the party’s leaders and its major donors.Power in Alabama is centralized by design. The state Constitution requires legislatively approved amendments for matters as trivial as local traffic laws, resulting in what has been described as the longest constitution in the world. Consolidating things further, Alabama has nearly always been a one-party state. For more than a century, that party was the Democrats and major political decisions were hashed out among the party’s leaders and its major donors.
“When I first moved here, an older lawyer friend told me there were 4,000 people in Alabama and four million extras,” said David Mowery, a political consultant in Montgomery.“When I first moved here, an older lawyer friend told me there were 4,000 people in Alabama and four million extras,” said David Mowery, a political consultant in Montgomery.
Republicans railed against the Democratic leadership as a patronage-ridden, good-old-boy network, and few did so more vehemently than Mr. Hubbard, an executive in the broadcasting and media business.Republicans railed against the Democratic leadership as a patronage-ridden, good-old-boy network, and few did so more vehemently than Mr. Hubbard, an executive in the broadcasting and media business.
Denouncing “corruption, crime and cronyism at the highest levels of state government,” Mr. Hubbard created a sophisticated — some have said legally questionable — fund-raising machine to win control of the State House in 2010. Chairman of both the State Republican Party and the House caucus, he conscripted candidates — bank employees, foresters, waste haulers — and determined where campaign money should be spent.Denouncing “corruption, crime and cronyism at the highest levels of state government,” Mr. Hubbard created a sophisticated — some have said legally questionable — fund-raising machine to win control of the State House in 2010. Chairman of both the State Republican Party and the House caucus, he conscripted candidates — bank employees, foresters, waste haulers — and determined where campaign money should be spent.
In November 2010, the Republicans not only took over the State House for the first time in 136 years, they won a supermajority, winning every court race on the ballot and every statewide office. Mr. Bentley, a dermatologist and low-profile legislator, was elected governor. Mr. Hubbard was unanimously elected speaker of the House, where his first priority was to pass an ethics law described as among the strongest in the country.In November 2010, the Republicans not only took over the State House for the first time in 136 years, they won a supermajority, winning every court race on the ballot and every statewide office. Mr. Bentley, a dermatologist and low-profile legislator, was elected governor. Mr. Hubbard was unanimously elected speaker of the House, where his first priority was to pass an ethics law described as among the strongest in the country.
Four years later, Mr. Hubbard was indicted on a charge of violating that ethics law, accused of using his positions as speaker and party chairman to solicit work and investments for his own financial interest by steering campaign work to his business interests and pushing bills that helped his consulting clients.Four years later, Mr. Hubbard was indicted on a charge of violating that ethics law, accused of using his positions as speaker and party chairman to solicit work and investments for his own financial interest by steering campaign work to his business interests and pushing bills that helped his consulting clients.
That his moneymaking plans were running into the ethics law he helped pass is something he is shown lamenting in private emails released by prosecutors. “Who proposed those things?!” he wrote, apparently jokingly, to Mr. Riley, the former governor. “What were we thinking?” He would eventually argue in court that the ethics law was unconstitutional.That his moneymaking plans were running into the ethics law he helped pass is something he is shown lamenting in private emails released by prosecutors. “Who proposed those things?!” he wrote, apparently jokingly, to Mr. Riley, the former governor. “What were we thinking?” He would eventually argue in court that the ethics law was unconstitutional.
Still, Mr. Hubbard remains the speaker and enjoys steadfast support in the House. This is in part because Democrats and their backers have been almost completely frozen out of state politics.Still, Mr. Hubbard remains the speaker and enjoys steadfast support in the House. This is in part because Democrats and their backers have been almost completely frozen out of state politics.
But Mr. Flynt and others said there is more to it than the lack of competition. The speed and scale of the Republican takeover brought into power a class of politicians inexperienced with total control, some with no political experience at all. There was little candidate-grooming infrastructure in the party beyond what Mr. Hubbard and his allies put together; at one point, he suggested the creation of a “shadow party,” something that would be effectively achieved by way of political action committees. But Mr. Flynt and others say there is more to it than the lack of competition. The speed and scale of the Republican takeover brought into power a class of politicians inexperienced with total control, some with no political experience at all. There was little candidate-grooming infrastructure in the party beyond what Mr. Hubbard and his allies put together; at one point, he suggested the creation of a “shadow party,” something that would be effectively achieved by way of political action committees.
“Hubbard’s problems permeated the whole Legislature,” said Arthur Payne, a former Republican state representative. “The majority felt like they owed their allegiance to him rather than the people of Alabama.”“Hubbard’s problems permeated the whole Legislature,” said Arthur Payne, a former Republican state representative. “The majority felt like they owed their allegiance to him rather than the people of Alabama.”
Mr. Hubbard’s partisans say it is not the speaker who has had Alabama under his sway, but the deputy state attorney general who is prosecuting him: Matt Hart, a hulking man with a background in military intelligence and a reputation for a bludgeoning approach. Even some critics of Mr. Hubbard have denounced Mr. Hart’s tactics, though almost no one wants to do so publicly.Mr. Hubbard’s partisans say it is not the speaker who has had Alabama under his sway, but the deputy state attorney general who is prosecuting him: Matt Hart, a hulking man with a background in military intelligence and a reputation for a bludgeoning approach. Even some critics of Mr. Hubbard have denounced Mr. Hart’s tactics, though almost no one wants to do so publicly.
“He knows bullying,” said Sonny Reagan, a former deputy attorney general. “Matt Hart approaches his cases like the U.S. military approaches ISIS.”“He knows bullying,” said Sonny Reagan, a former deputy attorney general. “Matt Hart approaches his cases like the U.S. military approaches ISIS.”
Mr. Reagan serves as a good example of the breadth of disarray in Montgomery, which has spread even to the watchdogs. A dispute with Mr. Hart over office space blew up into formal complaints about his methods and motivations in the Hubbard case; this led ultimately to the resignation of Mr. Reagan, a former adviser in the Riley administration, who was accused of trying to sabotage the prosecution.Mr. Reagan serves as a good example of the breadth of disarray in Montgomery, which has spread even to the watchdogs. A dispute with Mr. Hart over office space blew up into formal complaints about his methods and motivations in the Hubbard case; this led ultimately to the resignation of Mr. Reagan, a former adviser in the Riley administration, who was accused of trying to sabotage the prosecution.
Such disorders have been a regular feature of the year and a half leading to Mr. Hubbard’s trial. The latest was in February, when a political operative in Montgomery asserted that Mr. Hart had been leaking apparent grand jury details to create a “whisper campaign” against Mr. Hubbard. Mr. Hart, who referred to the operative as a “now-former confidential informant,” produced an affidavit from Spencer Collier, the former head of the Alabama Law Enforcement Agency, saying that agents had looked into the accusations of grand jury leaks and found no basis for an investigation.Such disorders have been a regular feature of the year and a half leading to Mr. Hubbard’s trial. The latest was in February, when a political operative in Montgomery asserted that Mr. Hart had been leaking apparent grand jury details to create a “whisper campaign” against Mr. Hubbard. Mr. Hart, who referred to the operative as a “now-former confidential informant,” produced an affidavit from Spencer Collier, the former head of the Alabama Law Enforcement Agency, saying that agents had looked into the accusations of grand jury leaks and found no basis for an investigation.
But the governor, according to Mr. Collier, had not approved of this affidavit. When Mr. Collier provided it to prosecutors anyway, Mr. Bentley ordered him to take a leave of absence and soon after fired him, citing “possible misuse of state dollars.” Mr. Collier then came forward with a public announcement: Mr. Bentley had been having an affair with Rebekah Caldwell Mason, his principal adviser.But the governor, according to Mr. Collier, had not approved of this affidavit. When Mr. Collier provided it to prosecutors anyway, Mr. Bentley ordered him to take a leave of absence and soon after fired him, citing “possible misuse of state dollars.” Mr. Collier then came forward with a public announcement: Mr. Bentley had been having an affair with Rebekah Caldwell Mason, his principal adviser.
And with that, the state immediately had not one, but two blockbuster scandals.And with that, the state immediately had not one, but two blockbuster scandals.
Jury selection in Mr. Hubbard’s trial begins Monday.Jury selection in Mr. Hubbard’s trial begins Monday.
Impeachment proceedings against Mr. Bentley have gone slowly, though scrutiny is intensifying of nonprofits and businesses connected with Ms. Mason, a powerful figure in the administration. Federal investigators have been conducting interviews around Montgomery, and Mr. Bentley has acknowledged that the attorney general’s office is also at work.Impeachment proceedings against Mr. Bentley have gone slowly, though scrutiny is intensifying of nonprofits and businesses connected with Ms. Mason, a powerful figure in the administration. Federal investigators have been conducting interviews around Montgomery, and Mr. Bentley has acknowledged that the attorney general’s office is also at work.
The attorney general might also prosecute Judge Moore at his ethics hearing, further winding an already tortuous vortex. Mr. Bentley could be called on to replace Judge Moore, who could preside over the impeachment of Mr. Bentley, which could be recommended by the House under Mr. Hubbard, who if found guilty, could eventually have an appeal before Judge Moore’s court.The attorney general might also prosecute Judge Moore at his ethics hearing, further winding an already tortuous vortex. Mr. Bentley could be called on to replace Judge Moore, who could preside over the impeachment of Mr. Bentley, which could be recommended by the House under Mr. Hubbard, who if found guilty, could eventually have an appeal before Judge Moore’s court.
Allen Farley, a Republican state representative, is skeptical that much will change much in Montgomery, saying that special interests have always been the power behind both parties. But there is a chance, he believes, that over the next few weeks all of it will blow up. Allen Farley, a Republican state representative, is skeptical that much will change in Montgomery, saying that special interests have always been the power behind both parties. But there is a chance, he believes, that over the next few weeks all of it will blow up.
“When the prosecution starts,” said Mr. Farley, “there could be a meltdown of enormous proportions in Alabama politics.”“When the prosecution starts,” said Mr. Farley, “there could be a meltdown of enormous proportions in Alabama politics.”