A River of Influence Runs Through It

"Coal Ash in the Coosa Valley"
Coosa Riverkeeeper's Frank Chitwood, takes us on an eye-opening ride through a section of Alabama's Coosa River and the effects of "dirty, dirty coal" from Alabama Power's two coal fired power plants on the historic waterway

Ironically, the capture of the Coosa by Alabama Power translated into another form of pollution affecting Alabamaians--a usurping of our political process by one of the most generous political donors and strongest lobbying forces in the history of Alabama.

When Alabama Power says “It’s always on,” they’re talking about more than energy; they’re describing their tireless and unending efforts to control the Alabama legislature and our regulatory agencies, and to continue their pollution of the once-beautiful Coosa River.

Every year, when Alabama’s legislature meets, APCO’s there, a de facto “shadow government” that serves their corporate interests first, the legislature second, and the citizens last.

How do they do it? By lobbying, political influence, horse-trading, and lots of cash and favors for the people whose votes and decisions affect the people of Alabama in ways many eyes-wide-open but unseeing people don't fully grasp.

Alabama Power's 'absolute power' began over a century ago, back when the mighty Coosa meandered freely through Alabama for centuries until the early 1900's, when three men changed the course of the river, and Alabama's history forever. The vision of William P. Lay, James Mitchell and Thomas Martin, and what was to become Alabama Power, wrestled the Coosa away from the citizens of the state and imprisoned the river to the utility giant's command.

They've not been good stewards of the river despite the bounty of monetary richness the Coosa has provided to Alabama Power for decades. What we've gotten in return is the erecting of an iron curtain around Alabama, effectively shutting out any 'consumer benefits' competition in electric service providers. We've gotten pollution that ranks Alabama at eight out of fifteen for the dirtiest air in the nation according to a recent report from the Environmental Integrity Project 

And we've gotten a form of government that owes their political careers to the demands of the power company. Few politicians have shown the fortitude to stand up to the smokestack bullies and put the interests (and health) of Alabamians before the wants of Alabama Power.

During a fight over rate increases in the late 1970's, The Times, a newspaper that served the black community, ran an account of the experience of one low-income father and his run-in with the power company:

The Times, a Black Montgomery newspaper, quoted a local man, "I have four children. It was about the coldest day of the year when they (power company workmen) came out and cut off my electricity.

"I had not received a light bill. I went down to the office and wanted to pay half of my bill, and they refused me.

"I told them that I had not received my bill, and they said it was my mistake-not theirs.

"I didn't have anywhere to take my family that night, and one of my daughters caught the flu. She almost died," he said.

After that night, he said, his family began using kerosene lamps for light.

The annals of Alabama's history are overflowing with stories of that nature, stories that continue unabated in the modern day. If you're unlucky enough to fall on hard times, and have your electric service cut off, the average cost to have it restored runs upwards of $500, a huge, and often unreachable sum for most economically disadvantaged groups.

The Coosa River has a diligent watchdog in the efforts of Frank Chitwood. Sadly, the same cannot be said of the watchdog agency that serves as the only barrier between the citizens of Alabama and APCO.

The Public Service Commission (PSC) is charged with regulating APCO and they've done very little over the years to reign in the company's harsh business practices. In fact, the PSC has long been viewed as being in league with the company first, contrary to their mission statement of 'fairness' to the rate payers of Alabama.

PSC member Twinkle Andress Cavanaugh serves as a prime example of APCO's ability to influence the commission. Cavanuagh took to the editorial pages earlier this year publicly blasting the proposed EPA regulations on coal fired power plants. She called climate change a "medicine-show tonic of global warming" and made a lot of outlandish and less-than-factual statements designed to garner public support for APCO.

Her claims were based solely on a power point presentation given by APCO. Bama Fact Check researched her rhetoric and found little evidence to support any of them. Of course she's not the only PSC member to act more like an APCO lobbyist than public servant, candidates now vying for a seat on the commission are spouting off the same old tired spiel that the power company has been peddling for years.

If you were to gather up all of the 'unofficial lobbyists' for APCO in one place and then asked to pick the ones that carry 'the water' for the power company, you'd be looking at the entire membership of the Alabama legislature.

But that's the nature of coal, utility companies, politics and undue influence in Alabama--it's always on.

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Disappearing Ink—Al.com Vaporizes Montgomery Independent Story Critical of House Speaker Hubbard’s Planned Book “Storm in the State House”

I'm David Azbell and I want to thank the public for the cigar and the Texas trip.

*Breaking update: 10/26 9:10 CST--Martin republishes his article and a lot more: "State Agencies Bow to Speaker" (Link broken, story pulled. ???)

If you blinked you missed it--a really good story from The Montgomery Independent that is.

For a brief time on October 21, 2011, a potentially explosive story ran on Al.com entitled “Researcher For Hubbard Book Paid By House.” The Montgomery Independent authored the story, based on information from Inside Alabama Politics, that revealed David Azbell of Swatek, Azbell, Howe & Ross had collected $136,000 of public money via an authorization from the Alabama House of Representatives and presumably green-lighted from the likely source of Mike Hubbard.

Azbell had been (and may still be) acting as a consultant with Hubbard on the book and assigned the duties of “research, editing and writing.” From 2007 until March of this year, Azbell was collecting $2,000 per month for “public relations work for the House Republican Caucus ."  In March of 2011, the sum jumped four fold to $8,000 per month for duties unclear to the Montgomery Independent before deadline of the story prior to the October 21st publication.

As suddenly as the story appeared, it quickly disappeared.

Here’s what *originally ran:

Researcher for Hubbard book paid by House
Published: Friday, October 21, 2011, 12:27 PM  Updated: Friday, October 21, 2011, 12:37 PM
By Alabama’s State Capital News Source (The Montgomery Independent)
Last month the political newsletter Inside Alabama Politics reported that Speaker of the House Mike Hubbard of Auburn had turned his attention earlier this year to writing a book on the rise of the Republican Party in Alabama.
The planned title is “Storm in the State House” and will be published by New South Books of Montgomery. Hubbard said the planned publication date is next January.
The speaker was quoted as saying that the book would document the Republican takeover of the State Legislature in the 2010 elections. That ended a 136-year by Democrats in control of the lawmaking process in Alabama.
“It (the book) starts when I became party chairman in 2007 and goes through the 2010 election, the 2011 legislative session and the passage of our Handshake with Alabama package of legislation,” Hubbard said.
Former Riley administration Press Secretary David Azbell is helping Hubbard with research, writing and editing. Azbell is a founding partner of Swatek, Azbell, Howe & Ross (SAHR), a governmental and political affairs firm located in Montgomery. He also worked in the press office of former Gov. Fob James and has worked for the late Gov. George Wallace. His father, the late Joe Azbell, was a longtime columnist for The Montgomery Independent.
Since about the time of Hubbard’s rise as GOP chairman in Alabama in 2007 through this past February,  an LLC by the name of Azbell Communications and incorporated by David Azbell, has been paid $2,000 per month by the House of Representatives to do public relations work for the House Republican Caucus. That amount totaled $80,000, according to state records. In January of this year that job moved to someone else.
Then suddenly, this past March, the payment by the House of Representatives to Azbell Communications increased to $8,000 per month. Through August of this year state records show that Azbell Communications had been paid $56,000.
The Independent was unable to confirm by deadline this week the nature of the services Azbell Communications performs for the public body over which Rep. Hubbard presides.
But the book is on the way.

*(Google cached link. Bing.com cached link no longer works. Google's may also go inactive.) 

This story has all the smarmy factor of the arrangement that Representative Barry Mask-R had with lobbyist Steve Windom in which Mask received $10,000-$50,000 annually from Windom for “client referrals.” Mask was excused for his 'transgression' by the Alabama Ethics Commission because the deal “was in place before he was a member of the legislature.”

The public response to the Mask revelation was not kind and we suspect Hubbard was (and is) not willing to submit himself to the same type of criticism. The question in our minds is: Did he have anything to do with the rapid disappearance of the story? Someone made the call to pull it from the Al.com website, who was it? And why?

Azbell’s deal with Hubbard seems to suggest that cronyism is alive and well in the republican controlled state house despite Mike Hubbard himself lambasting the democrats for the same sins the ‘shakedown Alabama’ crowd, led by the virtuous as a pole cat Hubbard, are perpetrating against the public:

“For the past 136 years, Alabama Democrats have held the majority in both the Alabama House and Senate. And what have we gotten in return? They have given us a substandard education system, rampant government corruption, wasteful spending…” "If you believe… our public officials are honest and squeaky clean and all of your hard-earned tax dollars are being spent wisely, nothing I can write in this column can convince you we need a change."

The winds of change Mr. Hubbard and the republicans promised Alabamians aren't the cleansing breezes heralding a "new day of ethics and accountability in Alabama." What they really are are the same old ill winds that have blown unabated through Alabama politics for decades.

Hubbard was right about one thing--we do need a change, but we got shorted on our investment by putting our faith in Hubbard and Co. Perhaps he has a good explanation for using taxpayer money to publish his rah rah propaganda book, but we're hard pressed to imagine one no matter how you look at it.

(How much of the total amount paid to Azbell that's directly tied to Hubbard's book is indeterminable at this time.)

Hubbard's choice of Azbell and the timeline of his 'contract' with the House is interesting to ponder. According to the Montgomery Independent story, Hubbard's book has been in the works since 2007. Swatek, Azbell, Howe & Ross formed their political powerhouse group that same year touting itself as an organization of "credibility, integrity and ethics that we think is important in this new day in Montgomery" and who think they are "better" than anyone else at "tackling this thing" known as Alabama politics:

The head of this group, Dax Swatek, has some issues with ethics and integrity that Legal Schnauzer covered in a recent article on his blog:

A group called the Council for Leaders in Alabama Schools (CLAS) has received $13.1 million from an "at-risk fund" controlled by State Superintendent Joe Morton. And who handles lobbying efforts for CLAS? Why, it's the new Montgomery outfit called Swatek Azebll Howe and Ross (SAHR), whose members have held prominent roles in Alabama Republican politics.

Schnauzer referenced a story by the seasoned journalist, Bob Lowry, formerly of the Huntsville Times, who uncovered the $13.1 million dollar "wasteful spending" that also had lingering ties to House Speaker Hubbard through his former partner, Brian Schulman, Auburn Network, Inc. and Learning Through Sports:

The software company, Learning Through Sports Inc., was formerly a partnership between Brian Shulman, a former Auburn football player, and Auburn Network Inc., a multimedia company owned by House Speaker Mike Hubbard, R-Auburn.

While we're on the subject of Bob Lowry, something odd happened on the way to his abrupt dismissal--Mike Hubbard rolled through the area right before it occurred. Schnauzer has some thoughts on what may have happened that ended the Alabama career of this talented investigative journalist:

"...Lowry was perhaps the only mainstream journalist in Alabama who reported seriously and wrote critically about the Bob Riley administration. It has been reported in several venues that Riley contacted higher ups at the Huntsville paper in an effort to get Lowry off his back."
"...Lowry has written critically about state representative Mike Hubbard, a staunch Riley ally and now speaker of the Alabama House. In early August, Hubbard made a well-publicized trip to Huntsville for a speech and a tour of high-tech facilities. Not long after that, word leaked about the Times' plans to close the Montgomery bureau and send Bob Lowry packing."

Perusing a list of some of the stories from Mr. Lowry's tenure at the Huntsville Times shows he was hounding our politicians antics, and holding them up to public accountability with the well-honed nose of an experienced journalist who knows how to sniff out the facts. He was on to some hot trails in 2011 and the republican hypocrisy was a frequent target of his keen senses.

Then, just like the Montgomery Independent story, he disappeared. There was no announcement by the former employers he helped lend credibility to despite the fact that Lowry was among the reasons the Huntsville Times received 24 AP awards in 2008 and 4 top writing awards in 2009.

An oddly prophetic picture of Lowry sitting in Alabama's infamous electric chair "Yellow Mama"

What's going on in Alabama journalism? Have our news outlets become proof that the Propoganda Model (i.e Fifth Estate) Herman and Chomsky wrote about is alive and well?

The Propoganda Model traces the route by which money and power and able to filter out the news fit to print, marginalise dissent, and allow the government and dominant private interests to get their message across to the public. The essential ingredients of our propaganda model, or set of news "filters" fall under the following headings: (1) the size, concentrated ownership, owner wealth and profit orientation of the dominant mass-media firms; (2) advertising as the primary income source of the mass media; (3) the reliance of the media on information provided by government, business and "exports" funded and approved by these primary sources and agents of power; (4) "flak" as a means of disciplining the media; and (5) "anti-communism" as a national religion and control mechanism. These elements interact with and reinforce one another. The raw material of news must pass through successive filters, leaving only the cleansed residue fit to print. They fix the premises of discourse and interpretation, and the definition of what is newsworthy in the first place, and they explain the basis and operations of what amounts to propaganda campaigns.'

What about our self-professed virtuous, conservative politicians? Haven't they shown us that there isn't one thin dimes' worth of difference between republicans and democrats in Alabama? And why is the state media, more often than not these days, such willing accomplices in covering for their misdeeds?

This move by Al.com strikes yet another body blow to public interest media.

"All the news that's fit" to print is clearly a subjective stance. One that's based more in corporate and political interests ideas of what the public needs to know, not necessarily what they should know and have a right to know, about those who hold so much power over their lives through governance and political influence.

*CrooksandLiars.com 10/26--"Alabama Republicans Put Taxpayers Dollars to Work for Alabama Republicans"
*Update 10/25--Legal Schnauzer adds legs to the MI story 
*2nd Update 5:47 pm--Bob Sims, Director of Al.com forum 'defends' deletion:

From: Robert Sims <rsims@al.com>
Date: Tue, Oct 25, 2011 at 12:20 PM

We are/were working on some of the backend structure of the web site and made changes to our structure in news, entertainment, sports and lifestyle sections late Friday.

The story was a casualty of this backend work.
As an aside, The Independent’s blog is among 26 that will be retired in coming days.

Bob Sims

Director of content
205-380-2460 
*photo credits: Lowry from his UPI related image files
                       Azbell from his own egotistical proclivities

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Governor Bob Riley-- WKRG Interview September 2011

Former Governor Bob Riley just cannot resist telling us all how wonderful he is and milking his near death experience for all it's worth.

At the 19:55 mark he's asked about becoming the first Alabama governor in history to become a state lobbyist.

Contrast and compare his recent words with what Riley had to say in 2009 about the "special interests who have ruled over a rotten system for years." He's now among the ranks of those special interest players who incidentally, despite Riley's call for it, does not have to report any amounts he spends on legislators while lobbying for his own clients.

Well, they were Riley's rules passed in December 2010 weren't they?

If Mr. Riley violates any of his own rules, like he did with a PAC to PAC transfer in March of 2011, who's going to make certain he complies? Can we count on the Ethics Commission and the legislature to enforce the laws against the creator of them?

With praise like this coming from the Speaker of the House Mike Hubbard on Riley's new gig, the chances are slim to none:

Speaker Mike Hubbard, R-Auburn, leader of the state House of Representatives, said, "There has been no greater champion for education reform and economic development than Bob Riley, and I'm glad to know he'll continue to be an advocate for moving Alabama forward in those areas." 

The more things change the more they remain the same in Alabama politics--we just find different words to justify turning wrong then into still wrong now.

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"Capitol City Plume"--Fifty City Block Toxic Underground Plume in Montgomery, Alabama

This story has a compelling similarity to the Walter Coke contamination in north Birmingham--state and federal environmental officials have known about the contamination for decades and have been slow to act in cleaning up the area, while development has proceeded at a fast clip. A statewide pattern seems to be finally making its way onto the public radar revealing Alabama to be systemically and dangerously contaminated.

There's a tradeoff cost in human health and life that doesn't seem to figure into our governmental and business leader's plans. We cannot seem to count on EPA Region 4 for help either--they too seem to be carrying the water for the developers and getting into the *PR business outside of their environmental and public safety watchdog purview.

*(linked further on down in article on the phrase "revitalization of downtown Montgomery")

How many other areas in Alabama is the deadly deception going on unbeknownst to the potentially-vulnerable-to-exposure general public? And why?  Here's a list for Alabama from the Center For Public Integrity National Priority sites. Five Alabama sites are on the "Most Dangerous Superfunds Sites" list. The Capital City Plume, according to the census figures from 2000, was affecting a population of 209,615.

News story July 26, 2011 Associated Press via Al.com state wire:

The Environmental Protection Agency has identified the Montgomery Advertiser as one of the entities that may have caused the plume when operating at its former location.

County Commission Chairman Elton Dean said he remains confident that the county did due diligence before purchasing the old newspaper building and turning it into the county's main building after renovations.

News story by Ben Flanagan Al.com September 28, 2010: "Montgomery Commission tests air quality of county building":

"During a search for the source of the problem, a black, sooty substance was discovered in several isolated areas on the original concrete structure, according to a press release. A sample of that substance was collected on Sept. 3 and sent to Sutherland Environmental Company, Inc., where it was analyzed for 58 volatile organic compounds. Fifty-five of the compounds were not detected but small concentrations of *three compounds were detected." *note that the substances are not identified.

Region 4 Superfund

The Capitol City Plume site is located in downtown Montgomery, Alabama. The contaminated ground water plume is believed to exist throughout the downtown area. In September 1993, the Alabama Department of Environmental Management (ADEM) began investigating a report of Tetrachloroethylene (PCE) soil contamination at the Retirement Systems of Alabama (RSA) Energy Plant site at the corner of Monroe Street and McDonough Street.

After 17 months of investigative work, ADEM came to the conclusion that there are a minimum of 6 ground water plumes contaminated with PCE and benzene, toluene, ethylbenzene and xylene (BTEX). The site covers an area from Alabama Street (south) to Pollard Street (north) and Court Street (west) to Union Street (east). 

In 1993, soil containing PCE was excavated during construction of the RSA Tower. The soil was removed and disposed of properly. The discovery of the PCE in the soil prompted ADEM to conduct a preliminary assessment of the area near the RSA Tower. The preliminary assessment performed by ADEM concluded that ground water was contaminated with PCE and BTEX.

Field work for the RI/FS began in March 2000 and was completed in 2003. Soil samples and ground water samples have been collected to delineate the areal extent of the contamination plumes. Analytical results from the ground water indicate that the shallow aquifer in the Montgomery downtown area is contaminated with PCE, BTEX, TCE (Trichloroethylene), and metals. 

Installation of 16 new monitoring wells and 16 temporary wells has been completed. The City has removed and plugged two shallow drinking water wells at the Court Street Pump Station but continues to pump drinking water from deep wells.
The City of Montgomery has implemented a moratorium on well drilling in the vicinity of the site (downtown area). Beginning in May 2006, the City began monitoring the ground water contamination through monitoring wells. Monitoring will continue for five years. The City will be sending the ground water monitoring data to ADEM and EPA Region 4.
The City of Montgomery has also been working with EPA in implementing a voluntary phytoremediation effort in the ground water plume to reduce risk to human health and the environment.

A supplemental remedial investigation took place in stages from August 2008 to the present. *Sample results have identified sources of contamination and the time at which the contamination was discharged to the environment.

*Please note the above sentence which states that there are "identified sources of contamination" while this linked narrative from May 11, 2000 cites only "potential sources" generally identified without a specific business name as "a chemical wholesaler, airport maintenance shops, airport fueling areas, an auto repair shop and a dry cleaner."

Site investigation activities are being led primarily by EPA and the United States Geological Survey.

From August 2-5, 2011, EPA and USGS representatives will conduct field sampling activities to further delineate the groundwater contamination as well as to assess if vapor intrusion is taking place in an existing Montgomery County building.

Who's making the decision to "move forward with privately-funded activities" instead of applying for Superfund monies to clean up this massive twenty year old contamination?

On August 1, 2011, EPA will meet with representatives of two potentially-responsible parties identified in a Site remedial investigation, Alabama Department of Environmental Management, City of Montgomery, USGS, and Montgomery Water Works representatives to discuss moving forward with privately-funded activities related to Site characterization and remediation. 

Alabama could have applied for the $600,000,000 made available for Superfund cleanup from the 2009 Stimulus Funds but they did not make any applications for a percent of the available money in this area: (but they did in many other areas for federal handouts)

Hazardous Substances Superfund - (Alabama will not be receiving stimulus funds for this program)

(National Appropriation: $600,000,000)

Description: This program provides additional funding to the Environmental Protection Agency for the Superfund Remedial Program. This program allows states to enter in competitive agreements with the EPA to conduct certain remedial actions at Superfund sites and receive a credit from the government for 90 percent of eligible expenses.

John Archibald, of the Birmingham News, in one of his recent columns offered this statement about Alabama's rampant pollution and economic development mindset: "That's traditional Alabama values again: better dead than unprofitable." EPA Region 4 seems to go along with that idea, especially since they knew about the CC Plume, in the following statements on the *revitalization of downtown Montgomery and the importance of 'sticking to the plan':

Capitol City Ground Water PlumeGround water in western portions of downtown Montgomery, Alabama, is contaminated with trichloroethylene (TCE) and perchloroethylene (PCE), chemicals commonly used in dry cleaning and cleaning of machine parts. Work to assess the ground water contamination and develop the site’s cleanup plan is currently ongoing. The City of Montgomery is working closely with EPA to facilitate the site’s cleanup. Downtown Montgomery remains open for business during the site’s ground water cleanup. Land uses include retail districts, neighborhoods, parks, offices and industrial areas. The revitalization of Montgomery’s downtown is a major community priority. The area is recognized as the “heart of the city.” Recent redevelopment projects include the Montgomery Biscuits minor league baseball stadium, retail centers, downtown apartments and restaurants.

Have our business leaders, politicians, economic developers and state agencies simply lost their minds from the effects of all the pollution or are they just out to eliminate the undesirable elements of Alabama's communities? The location of the Capital City Plume seems to negate the latter, because a large portion of the businesses and developments in the affected area are housing some of our state elites, primarily in the RSA Tower Complex of Montgomery, located in the toxic zone.

So what other possibility does that leave us as to why Alabama continues to labor under the delusion of their favorite hackney-eyed, overused phrase of describing economic development as "world class?" There's nothing blue ribbon or superior about any development that comes with a staggering cost of health to a large segment of people.

Unless Archibald's right--"better dead than unprofitable."

Or maybe it's something else entirely consisting of the usual BARD suspects and their webs of deceit.

Maybe it's a combination of the two strengthened by the political pay to play system our legislators have grown ridiculously accustomed to.

Whatever the reasons, the citizens of this state deserve truth, accountability and transparency with information that directly affects the quality of their lives and not the same old deadly deceptions of business as usual.

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New York Times: "An Alabama State Senator as Polarizing as the Issues" Senator Scott Beason-R

Story by: Campbell Robertson

Published on page A13 of the NYT July 13, 2011

GARDENDALE, Ala. — Newspaper editorials have called him treasonous. The N.A.A.C.P. has called for his resignation. Chamber of commerce groups and civil libertarians have found common cause in disgruntlement, and a Republican sheriff more or less accused him of being an accessory to any deaths that take place in his county. 

Matt Fabian, the managing director for Municipal Market Advisors, said that for years there has been a mutual understanding among investors, bond issuers and politicians that contracts and debts would be honored, no matter what it took. The rise of Mr. Beason and other anti-tax hawks has threatened that understanding, he said. 

“He is the embodiment of that trend that we worry about,” said Mr. Fabian, who has been advising investors to be wary of buying any Alabama debt. 

In the end, Mr. Beason’s biggest liability may rise from his attempt in the casino case, as he described it on the witness stand, to “do whatever I could to help get the bad guys.” Already irked that he wore a wire in closed caucus meetings, some Republicans say that the fallout has seriously jeopardized his leadership of the rules committee, not to mention his future political ambitions.

Read more here

Politics and FBI snitches make for strange bedfellows. The worse the politics, the higher the snitch’s value. Usually.

The FBI focuses its statistics of effectiveness on power, lies and corruption. And politicians are always generous when it comes to scandal. Some are generous when it comes to being turncoats on their own party members.

Kickbacks. Treachery. Buffoonery. All courtesy of “The Candidate-esque” Senator Scott Beason and his greedy band of legislative brothers, like Rep. Barry Mask-R and former Rep.Terry Spicer-D, currently the Superintendent of Elba Schools, along with a few other assorted elected crooks officials. The bed of lies and payola being uncovered in Montgomery is messier than a two-day old hotel room during spring break, but it’s turning out some interesting couplings in Alabama politics that are sure to result in future check-ins at the Hotel Fed before it’s all done.

A few careers will crackle out and political derailment is all but certain for the main player: Senator Beason, who in his zeal to play an under-handed game of gotcha, wound up twisting in his own cover.

For those lucky enough to live outside of the state of Corruptabubba, the following video is a primer on the background of gambling in Alabama, Bingo Bob, smarmy politicians and the decades-old deceit galore that brings us to the trial now going on in Montgomery.

There are connections to indicted criminals MichaelScanlon, a former Riley press secretary, and Jack Abramoff, Riley *email pal, that are difficult to tune out. In a separate report, from Countdown on MSNBC, Senator John McCain became part of the Abramoff/Riley story with McCain acting as a 'protector' for Mr. Riley and his Abramoff tie. (*2:28 mark video link)

The trial in Montgomery is yanking back the sheets on all the dirty dealings from Goat Hill. Potentially explosive scandals, double-dealing and deceit are all being uncovered through the clandestine wire recordings--making for some 'high value' and intriguing pillow talk via the snitches that got in bed with the feds.

Senator Beason tried to parlay his value as an FBI snitch into something more. 

It was a gamble that didn't pay off.


Photo credit: Keating's Desk

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Long-time Alabama Lobbyist Massey Admits "I Am A Criminal"

Tweet from BingoTrial coverage Kyle Whitmire/Second Front

Lobbyists call their profession "honorable and responsible" despite what the public overwhelmingly thinks about the industry. Alabama lobbying is a cottage industry of huge monetary proportions and undue influence on an epic scale. No one trusts these paid mouthpieces and suspect they play fast and loose with the law as a rule, not the exception.

Jarrod Massey admits what he is and what he has been doing as a lobbyist.

Massey's revelation on the stand in the gambling trial may only apply to his actions involving bingo corruption, but since he has other clients and he admits acting "corruptly" on behalf of one client, was he doing the same with all the others? It's a fair question.

Whether or not the indicted Jarrod Massey can be considered a credible witness is open for debate, but what he admits to confirms the impression of Alabama lobbyists by most of the general public--they're probably closer to being paid crooks and liars than they are honorable representatives who operate above board in their endeavors.

Many of them have been paid with state dollars i.e. taxpayer funds, which is all the more reason they deserve much harsher scrutiny than the legislature is willing to implement on their activities. 

The same old brand new goats on the hill had a chance to rein in the monetary persuading by passing a reporting requirement on lobbyists funds and expenditures when they enacted the "toughest ethics laws in the nation" last December. Predictably, and likely at the urging of the lobbyists, that requirement was removed from the final version of the ethics laws.

This sounds like a perfect opportunity to take a closer look at Jarrod Massey and his clients for at least the last decade. In fact, let's go one step further and examine the entire system of Alabama lobbyists while we're at it and see how just deep the criminality runs.

Our guess is any honest examination of the system would overload the courts with cases in subsequent indictments. It would be money and time well spent considering the potential benefit on our political process. Isn't "rooting out corruption" one of the grand promises our lawmakers told us they went to Montgomery for?

If they cannot or will not do this, then as far as we are concerned the "Handshake with Alabama" is not "a promise kept" it's a promise denied.

So Say We The Opinion Board of The Vincent Alabama Confidential

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Rewriting Alabama's State Motto One Legislative Session at a Time

If it looks like a tombstone...

Alabama's official state motto adopted in 1939, "Audemus Jura Nostra Defendere" (We dare defend our rights) will be soon be changed again by our current legislature to "Audemus Jura Cape" (We dare to take your rights) at the rate our lawmakers are moving in furthering empowerment to the state and corporations and away from the citizens.

There's nothing great about the state of Alabama if you're not in the loop, a political player, a generously political corporation or one of the many bottom feeders known as lawyers for the state's interests.

Don't be from the wrong side of the tracks, exhibit any complexion hue other than lily white (or the occasional golden lily color during Redneck Rivera months) and above all else make sure you attend the white right church.

And have your politics straight, as in tunnel vision like--capable of focusing only on one narrow view of the world and everyone around you.

We've become a state of the privileged few unable to shake off our racist past. We've gotten more PC about it and hidden the more overt racism into the now accepted classicism the religious right is so fond of, but what was ugly then is still hideous now.

The gambling trial going on in Montgomery has opened up a view to an unseemly and intolerant attitude that pervades our State House like a skunk shot. We've learned that our lawmakers are not only prejudiced to great faults, but we've also found out just how corruptly they operate right out in the open, with unabashed shamelessness.

For the most part, it appears we are short on how many hides ought to be on the stand and under indictment.

We have one republican that's an I-go-to-church-but-play-me-a-little-poker-on-Friday-nights hypocrite who's taking thousands of dollars from a lobbyist for admittedly doing absolutely 'nothing' annually. Other republicans who gather in groups and denigrate minority citizens and the counties they live in like they were at a Saturday night Klan meeting. Political snakes lying in the tall grass of morality and lying in wait (courtesy of hidden recording devices) for one of their own to stroll by so they can strike and deliver a fatal political bite.

Montgomery rightfully earns its nickname of Goat Hill--it's a literal animal farm of bad behavior from top to bottom.What makes the whole sordid bunch even worse is their attitude of us first, you citizens last.

No grocery tax relief passed the legislature this year, while corporate friendly tax abatement and incentives sailed through. Alabama taxes its people at the lowest rate of  income seizure in the nation--$4,500. If you make $4,500 per year, by God you are going to pull your weight and pay the state its share, but if you're a giant corporation like Thyssen Krupp, the state of Alabama will allow you millions in goodies from state coffers, and a generous reduction in tax revenues, to come to Alabama for "the good of the people."

Former Governor Riley stormed through the Alabama Senate in 2007 demanding lawmakers step-up the handouts through big business legislation by telling them if they didn't, he would defy them to "go back home and say I'm doing the right thing for the people of this state."

It's always about corporate coddling and never about giving "the people of this state" one whit of relief for their families.

An issue came up towards the end of the legislative session about Public Adjusters. PA's act as insurance policy advocates who are hired by policy holders to even the tilted playing field of the claims process. They're consumer advocates who know every in and out of the meant to confuse complicated lingo in insurance policies. And they're under attack in Alabama:

In at least 44 states, insurance policyholders can hire their own adjusters, called public adjusters, to help settle claims after a loss. But the legal status of public adjusters is cloudy at best in Alabama.

Following April’s savage tornadoes, the Alabama State Bar warned that public adjusters are illegal in Alabama, saying that they are practicing law without a license and could face criminal prosecution.

We have our fair share of natural disasters in Alabama--hurricanes, tornadoes and severe droughts that wreck not only our communities, but our chances as average citizens to be made whole after a tragedy of Mother Nature. We need the power to hire representatives who will fight on our side when one of the state's big insurers refuses to honor protection we have faithfully paid for in the form of premiums.

When someone files a claim with an insurer, the company sends an adjuster to examine the damage and determine how much repairs will cost.

A public adjuster, however, represents the policyholder, working up a separate damage estimate and bargaining with the insurer. The policyholder pays for the service, *giving a public adjuster 10-25% of a settlement depending on the state and type of claim. *(Avg. fees are 10-15%)

Insurance companies are huge players in Alabama's political process gifting millions to candidates that are raised by premiums payments from policyholders. One large insurer ALFA, has had its dirty hands in legislative sessions bills for years, directing lawmakers to favor their own corporate interests with increased campaign donations. They've bought their way into the statehouse and pay for laws designed for their sole agenda--decrease policy holder rights and increase our immunity and profits.

The right of citizens to hire PA's is an issue that will have a huge effect on everyday citizens in ways they don't fully comprehend. This July 3rd story from the Mobile Press-Register entitled "Public Insurers Called Illegal in Alabama" lit a fire under commenters who roundly thrashed the state's stance of no rights for you John & Jane Q. Public, and if you try, we'll make it actionable:

 "Alabama does not license claims adjusters so any claims settled by such third-party recovery firms are considered to be the unauthorized practice of law, which is subject to criminal prosecution," the statement said. "Anyone assisting third-party adjusters attempting to settle claims on behalf of claimants could also be charged with aiding and abetting in this illegal activity."

Alabama insurance Commission Head Jim Ridling sent a letter to Alabama AG Luther Strange for an opinion on the legality of PA's in Alabama. Shortly after, Ridling pulled the request back and said through his spokesman that he would seek a "legislative solution instead." He knows what agreeable minds he'll find in the insurance friendly legislature.

Predictably the insurance industry wants to deride PA's, but when we are entertaining the idea of making it illegal for citizens to hire advocates on their side of things, we are going way too far. Taking it a step further and suggesting that even the citizens who seek these advocates may also be charged with a crime moves it into Gestapo territory.

Like the bad model of Arizona's anti-immigration law that Alabama picked up and ran with, charging straight into a you-should-have-seen-it-coming legal wall of trouble soon after, Florida is serving as the model for Alabama's war on Public Adjusters:

Several bills are floating around the Florida legislature which deregulate the insurance industry in Florida or strip away vital rights held by insureds in disputes with their insurance carriers. The legislative session launched earlier this month with bills which allowed Citizens to raise its rates by as much as 25% each year, prohibited Citizens insureds from retaining a public adjuster to assist in the handling of their claim, and rewording the consumer protections contained within the bad faith statute. 

Following Florida's anti-citizen rights governor's lead is an idea that makes as much sense as, well, what Alabama does all the time! Name one meaningful bill that has come out of Montgomery in the last 50 years that gave any power to the people. Next, see if you can name how many have come out of Montgomery that have ensured power remains centralized in Montgomery. You should have one blank piece of paper and a stack of page after page with the latter.

We are at the bottom of the pile on so many other issues what's this one more going to hurt?

This one will, a lot. 

We hope that citizens will begin to pay more attention to what Montgomery is doing to their rights before they wake up one day and realize they have very few left. Bit by bit the legislative goats continue to gnaw away at the tree of citizen's rights. How much more are we, as a collective people, willing to allow them to take away from us?

SI NOS NON CAPIEMUS

*if you let us we will take it

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Show Us The Money Boys--Lawmakers and Their Side Deals Hidden From the Public

How much do our legislators and top republicans really earn from their elected offices and where is the line of ridiculous in the sand?

It raises the question of why we are paying lawmakers a taxpayer based salary, with all the extra income and benefits they receive on the side from lobbyists, business interests, PR firms and state and national political party’s handing out credit cards to top republicans. 

How much extra is enough?

Being elected to office is no longer public service on a modest, civic pay scale. Holding office leads to all types of enormous monetary benefits, and our politicians have become very adept at gaming the system. Their desire to affect change for the public good lands dead last behind their own financial interests. 

Is this what we vote for? Is this the type of party representation we envision?

Former RNC head Michael Steele came under a barrage of fire when it was revealed that donor money was being spent on lavish dinners, strip clubs and a whole host of personal enrichment monetary favors. The firestorm ended in his stepping aside as RNC head after public outcry became too loud for the RNC to ignore.

Why don’t we get this angry when it goes on at state levels?

Both sides of the aisle play the blame game over money—republicans point the finger at democrats on federal spending, and the democrats turn around and blame republicans for being far too lenient with big business in tax breaks and loopholes. But there is a big difference in our opinions—federally spent money is much more open and traceable than hidden money doled out by political party organizations.

How many voters are aware of the credit cards being handed out to select lawmakers?

The GOP has been doing this in all 50 states and until they get caught by a media source that is savvy enough to catch on to the game, they’ll keep doing it. No lessons were learned from the fairly recent scandal to the national GOP party that brought down Steele and others in shame.

It’s incumbent on our media sources to unearth these schemes and expose them to the public at large. We have a right to know the financial behavior of our elected politicians that we entrust with the power to handle our state affairs. If politicians will waste donor money on lavish dinners and expensive haircuts, then that tells us a lot, which we should know, about their fiscal attitudes in general.

The way we learn of these back room deals is through our media informing us and keeping an eye out for these types of charades. That will not happen unless they are willing to set aside their political leanings and act as a public watchdog rather than a political lapdog. Who do they really serve, us or their advertisers?

The media was paying attention in Florida

In 2010, controversy swirled around the use of state GOP issued credit cards to high ranking lawmakers who used them for anything but party related expenses—the intent behind handing out the cards. When demands from the media for access to the statements from the FLGOP on the credit card activity grew louder, the party responded in predictable fashion and circled the wagons around the transgressors. Lawmakers refused to grant access to the statements. What were they trying to hide from their voters?

The fountains of free flowing money aren’t confined to GOP issued credit cards

Last week’s testimony in the bingo gambling trial opened up a can of worms when it was revealed that Representative Barry Mask-R Elmore County has been receiving $10-50K per year for a single client referral to lobbyist Steve Windom. Windom, a former Alabama legislator and party switcher from democrat to republican, gained notoriety for using the senate floor as his personal men’s room in 1999 when he urinated in a jug behind his desk while presiding over the senate fearing if he left the floor he would be stripped of his powers by the democratic majority. 

Windom is one of those politically bendable characters that wouldn’t necessarily be a boost to any lawmaker’s good association list, but Mask, a self-professed upright Christian and would be good steward of the people’s money, sees nothing wrong with his arrangement with Windom. He admitted in testimony this past week that what he is doing is “perfectly legal” even though does basically nothing of consequence for the tens of thousands in yearly ‘thank you’ money from Windom.

The Alabama Ethics Commission seems to be in agreement with this cozy deal. 

How many other Alabama lawmakers have a Representative Mask style deal or party issued credit cards? Why isn’t the state press asking the questions and demanding that the state party admit this is going on in Alabama?  

It's time to put an end to these on the side deals and name the names of who is doing it. If what they are doing is legal as written in Alabama Code, but it's considered very distasteful to the public, then maybe it's time to end the legality of it.

Our ‘new day republicans’ refer to themselves as ‘morally upright and fiscally responsible’ so let’s take them at their word and ask them to release the statements and records to the public view. 

Representative Mask can go first by naming what high value client he referred to Steve Windom that is netting him tens of thousands of dollars per year in addition to his taxpayer based legislative pay. Perhaps he also has a handy explanation for the amounts increasing by ten fold once he took elected office. And maybe Mr. Windom can tell us, during his tenure of public service, if he was approached by a big money bag source who promised a Beason style PR position once he left office for a favorable vote during his career. 

At the very least Windom is a prime example of the reprehensible revolving door practice, so what else did legislative office afford him? We don't send representatives to Montgomery to get rich on the side, we send them to represent us, the people. They all seem to have forgotten what their real purpose is and made political office-holding a career move that pays off better and faster than any private sector job ever would.

If you are going to talk the talk, then walk the walk.

The Alabama republicans stated more than once during their campaigns that “Alabama’s government should have more transparency and accountability.” We think there’s no better place for them to begin than with themselves.

So Say We The Opinion Board Of The Vincent Alabama Confidential 

*NPR Truth in Media

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The Gap Between State Legislator Education and the Populace

The Chronicle of Higher Education releases its report revealing nationwide statistics comparing college education among the fifty states lawmakers and their constituents. Which is more important--an formally educated legislative body or learned voters? 

"How important is it for state lawmakers to hold college degrees?"

Arguments exist to support both sides of this argument, but one thing is for certain-- a huge disparity between the education level of state lawmakers and the populace in general is not a true representative government according to John Adams' side of it. James Madison held the opposing view and the debate continues 215 years later:

It's a tension that dates to the founding of the country: In our representative democracy, should those who make the laws reflect the entire citizenry, or should they be chosen from an educated elite?

Or to put it in terms that matter in the pages of The Chronicle: Should lawmakers be people who have seen the inside of a college classroom?

In Federalist No. 10, James Madison debated the merits of republics and democracies, arguing that delegating government to elected representatives should "refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country." That sounds like a point for the ivory tower.

On the other hand, back in 1776, as the colonies were faced with creating new governments, John Adams wrote that the representative assembly "should be in miniature an exact portrait of the people at large. It should think, feel, reason, and act like them."

An educated populace should make a difference at the polls. Higher learning generally fosters a thirst for knowledge outside one's geographical area and imparts an ability to possess critical thinking skills. In the current atmosphere of propaganda overdrive, dizzying to follow PAC mazes and frequent political sleight of hand, possessing the ability to see beyond the convenient promises of a candidates is crucial to electing good government representatives.

Education is only as good as the teacher and the institution

State colleges and universities in Alabama have some areas they can brag about--degree programs in business and the medical fields rank respectably. We've produced some sharp minds from both over the years. What about other areas of higher learning like communications, legal and political science? Most of these programs are co-opted by a segment of donors and influences possessing a mindset that follows a narrow agenda--one that is somewhat antiquated and non-responsive to a new way of doing things.

Even if the universities did make real efforts to break the ingrained model, the usual suspects would still be waiting for the 'best and brightest' as graduation day approached:

In another popular Big Mule tactic, a corporation such as the Alabama Power Company would buy the loyalties of recent law school graduates by placing them on a monthly retainer. They rarely did any work for the corporation, but its status as a client would prevent them from taking any cases against it. If any of these men had political ambitions, they would be beholden to the corporation. These retainers represented a major source of income for lawyers just establishing their practices in Alabama's small towns and cities.

Higher education in Alabama is difficult to obtain for the average person--we're not a personal wealth state with a high earning populace in general. The state attitude compounds the problem by not placing higher value in educating the 'smart enough' but less fortunate. This could be changed by providing more programs for our citizens who want and demonstrate the academic prowess to excel above a high school diploma. Productive teachers should be empowered and rewarded with all available tools to foster excellence, but Alabama doesn't ensure that even the teaching system has the 'best and brightest' in place to instruct the minds of our future.

What's happening instead is a push towards technical and trade instruction in lieu of a four year degree. It's comparing apples to oranges and serves to keep the population dumbed down to a certain degree. 

The argument for and against: aspiration vs perspiration

In a 2010 ad campaign for Go Build Alabama (GBA) this absurdity soared to new heights when spokesman Mike Rowe (of "Dirty Jobs" fame) was scripted to phftttt on camera against the benefit of a college degree. Rolled out in a state sponsored PR push through the Alabama Construction Recruitment Institute (ACRI), the slick campaign was designed to reach "displaced workers, career changers and even eighth graders who have yet to decide their futures." GBA was reportedly conceived because fewer and fewer people were choosing to enter into the professions of carpentry, welding, and other technical fields.

The ACRI through GBA went so far as to advertise that these technical jobs "out-paid jobs available to four year degree earners" and "have better benefits" and "we need to get word out" according to ACRI executive director Tim Alford.

Trade and technical schools might be the only option for a percentage of the population and we'll admit they have their value, but by instituting a state sponsored push for trade work education, over programs designed to benefit Alabama's less fortunate citizens chances in reaching higher formal education status, seems wrong-headed and one-sided. 

We suspect this has more to do with the economic benefit of the road building and development gang's profits than it does the citizens of Alabama's own economic futures. Economic strategists have dispelled the myth that road building is the path to economic revival as a "short term fix with long term consequences to a sporadic and temporary work force." A large segment of technically skilled workers are without the safety of union representation (Alabama is a right-to-work state) and without the security of a four year degree.

A dumbed-down population is a politically malleable population

Recent legislation from the 2011 session signaled a renewed vigor in the all out war on an already troubled education system. Once again, the Education Trust Fund went into proration, further reducing monies available to our already-underfunded-at-best learning framework. Higher education in Alabama seems to be an attainable goal reserved mainly for the elite, the "best and the brightest."

Is this what the Alabama republicans meant when they justified not repealing their 62% pay raise and defending the heist hike by claiming repeal would not attract "the best and the brightest?" If it was, it calls into question the standard of determining who the 'best and brightest' is, and who and what that ultimately benefits and represents. From all indicators it isn't the people's interests.

The absence of vox populi representation

Alabama voters have a long history of being easily manipulated by wily politicians and special interests. The gubernatorial election preceding the writing of the 1901 Constitution is historically recorded as the 'stolen in broad daylight election.' It's one of the darkest stains on Alabama's political history steeped in manipulation, bribery and corruption on a grand scale. Similar shenanigans still go on in our elections from state to local races, but the operatives have gotten better at concealing their methods, and in some cases they've even legitimized them through legislation.

If more Alabamians had access to a formal degree, encompassing the study of history and our political process both of which are required in most degree programs, they would be able to critically think about numerous issues and subjects on a wider scale. This enlightenment would work against the less-than-honest 'educated' politicians and they wouldn't be able to fool their way into office so handily. 

In the simplest terms, If we knew better we would vote better.

It would be interesting to know what percentage of our legislators attended school on the public dime. Those figures are probably fairly high and assuming that is the case, why don't they give back and make it easier for others to attend college?

What if they had been told to not worry about that law or business degree because it isn't as important as repairing septic tanks or working in weltering and unforgiving 100 plus degree blazing summer heat laying down asphalt? If that had happened, we would have a statehouse full of plumber's cracks and cement jockeys crafting our laws.

As bad as that might sound at first blush, it would be 'closer to even' with the people, according the Chronicle of Higher Education's statistics comparing lawmakers education stats to the populace stats, than what we have right now: a statehouse full of know-alls, flash harry's and show mules that do not in any way, shape, form or fashion represent a "portrait of the people at large." 

And how great would it be if the stats swung in the other direction? If the education of the people caught up to the education of the lawmakers? That would be a giant step forward for this state mired too long in mediocrity, and it would be a life and liberty changer for everyone in Alabama.

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