Get Your Motor Running Mr. Riley

Former Alabama Governor Bob Riley subpoenaed to testify in bingo gambling trial.

Attorneys for VictoryLand owner and bingo trial defendant Milton McGregor have slapped Riley with a subpoena to testify in the case and Riley is having none of it, instructing his state lawyers (AG Luther Strange's office) to "move quickly" to quash the subpoena.

Despite the gestapo actions of the former 'Teflon Don of Alabama' who rallied hundreds of state troopers on more than one occasion to raid McGregor's former gambling joint, claiming the bingo machines violated state law, Riley claims he has nothing to add to the ongoing legal proceedings:

"Riley does not believe that he has any personal knowledge concerning the alleged acts made the basis of the Indictment, nor any other personal knowledge of facts that are admissible or relevant to the trial of this case," a lawyer for the former governor wrote in a motion seeking to quash the subpoena.

Mr. Riley has lot to hide in that over-sized closet of his and it would suit him just fine to get on his motorcycle, with his former anti-gambling task force head John Tyson riding sidebar, and get the hell out Dodge sooner rather than later.

Crafty attorneys can ask many a damning question when they have a victim on the stand. Riley is keenly aware of this. McGregor has a Paul Bunyan sized axe to grind with Riley and he's out for his head any way he can get it.

'Uncle Miltie' as he is called in certain circles, seeks to keep Riley on the short chain by requesting a 'short notice to testify' in the subpoena. Predictably, the former governator is resisting that requirement and responded with one of his own if the subpoena stands:

"Instead, Riley requests that he be placed on call and allowed a reasonable time (e.g., 5 days) to return from wherever he may be en route to or from Alaska should his testimony be needed," the motion states.

Five days is time a plenty to wander into any number of scenarios that would delay Mr. Riley from testifying. 

Like maybe getting lost in the wilderness, meeting up with some fast flowing rapids or a chance encounter with a bear or two during his 'Alaska or bust' motorcycle adventure.

Any of those possibles might be kinder to Riley than what McGregor and his attorneys have in mind. Rarely do we see a situation that has a possible win win on both sides.

This one just might.

Gentlemen, start your engines.

Governor Riley Motion to Quash

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Alabama Attorney General Luther Strange Indicts the Entire Bullock County Commission on No-Bid Contract Violations

Alabama AG 'Big' Luther and the 'Mighty Whitey' Haley Barbour

Justice is itself the great standing policy of civil society; and any eminent departure from it, under any circumstances, lies under the suspicion of being no policy at all.

Edmund Burke

An press release from the Alabama AG's office announced today that the entire Bullock County Commission was indicted for violating the Alabama no-bid contract law. It resulted in indictments and felony arrests of each and every commission member. The move, by Attorney General Luther Strange, in effect, vacates the entire commission. It was a drastic move that has never, before now, occurred in the state of Alabama:

The matter was referred to the Attorney General's Office by the Alabama Examiners of Public Accounts. An audit covering the time period of October 2008 to September 2009 included a finding by the Examiners that “The Code of Alabama 1975, Section 41-16-50, states that all expenditure of funds of whatever nature for labor, services, work, or for the purchase of materials, equipment, supplies, or other personal property involving $15,000.00 or more should be subject to the Alabama Competitive Bid Law. The Commission paid at least $61,000.00 for supplies and $24,000.00 for food for the Jail without letting bids as required by the Alabama Competitive Bid Law.”

The Examiners had previously issued reports of audits for the years October 2006 to September 2007 and October 2007 to September 2008, the two years prior to the audit under investigation, which also reported that the Commission had paid in excess of $15,000 for food for the jail without letting bids as required by Section 41-16-50.

Bullock County is not the only county in Alabama that's been found to be in violation of Alabama's no-bid contract law, and we have to wonder why they are being held accountable while another "favored' county seemingly escapes the long arm of the law from Luther Strange's office.

A state audit released in October of 2010 revealed that the republican stronghold of Shelby County, Alabama had been found to have an "expired no-bid contract for chemical supplies." Their expenditures dwarfed the amount that got the entire Bullock County Commission arrested and thrown in the clink. An additional alarming finding of employee theft was also revealed in the Shelby County audit:

The State of Alabama Auditor’s Office released the results of the Shelby County audit for 2008/2009 on October 8, 2010. The report reveals theft of county funds by an “unidentified” county employee on 19 separate occasions totaling $15,403.61. Fictitious adjustments to a bank reconciliation were done to help to hide the evidence. A separate finding of the audit  showed that the county jail spent $187,950.00 on “chemical supplies” in a no-bid contact that had expired.

CURRENT FINDINGS
♦ 2009-01 relates to a former employee of the Commission making fictitious adjustments to bank reconciliations and making unauthorized withdrawals from bank accounts.
♦ 2009-02 relates to the Commission’s failure to properly bid purchases in accordance with the Code of Alabama 1975, Section 41-16-50.

The Bullock County story includes this disclaimer of sorts:

"No further information about the investigation or about the defendants' alleged crimes other than that stated in the indictments may be released at this time."

There may be more to the Bullock County action than what we know at this time, but from the basis of the indictments, it certainly appears that selective justice is being applied in a horribly uneven manner in determining when a violation of Alabama's no-bid law becomes actionable and felonious.

Shelby County violated the exact same law that Bullock County is accused of, and in a more egregious manner to boot, and nothing happened to that commission. Not even a whisper of an investigation or impropriety was ever raised.

Why?

From where we sit, this abets some serious questions about the ability of the Alabama Attorney General's office to render fair and even applications of Alabama's laws without prejudice. 

A 2010 sample ballot for Bullock County reveals that it is a democratic stronghold that's been on the radar of the AG's office and the Shelby County native Secretary of State Beth Chapman-R before in 2008 for voting irregularities.

It's no secret that the steamroller of conservatism is in full throttle after the recent elections, and we're seeing some serious overreaching and gloating of power by the republicans who appear to be hell-bent on the extinction of all things liberal. We have to wonder what part politics plays in this because in Alabama it's always about politics and power.

Four out of five of the Bullock County Commissioners are black, 75% of the county is black. In Shelby County, all of the commissioners are white, staunchly republican, and the commission head is a cousin of Governor Bentley. Make of that what you will, if anything. We're really hoping the days of Jim Crow are behind us, but not holding our collective breaths that much has changed in the land of chains and cotton.

If what's just happened in Bullock County is based in any part in the frenzied crusade of the right, and they are willing to apply the laws of Alabama selectively and with deliberate unfairness for partisan purposes, then we're all in a hell of a lot more trouble than we can even begin to realize.

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Governor Bentley and Senator Bryan Taylor Slug it Out Over Changes to DPS & ABI

Though not nearly as visually entertaining as the fistacuffs on the Alabama Senate floor four years ago between Senator Charles "you SOB" Bishop-R and Senator Lowell Barron-D, this latest political rock 'em sock 'em between the Riley faction of the republican party and Governor Bentley's administration is much more interesting. And devious.

The Montgomery Advertiser reports that Senator Taylor has introduced a bill, conveniently close to the end of the 2011 session, that proposes to permanently move authority of the Alabama Bureau of Investigation and DPS from the governor's office to the office of Alabama Attorney General Luther Strange. 

It's a thinly-veiled power grab with hidden motives, and a usurpation of a previous Executive Order designating the office of the Governor as the ultimate authority over these agencies.

Governor "you will respect my authority" Bentley is not at all pleased and promptly instructed his legislative team to "kill the legislation." He then sent a reeling blow squarely to to Taylor's arrogant jaw with a sharply penned letter, publicly admonishing him, and refuses to entertain the young upstart on any level:

"In the time of a great Alabama tragedy, I am shocked and disappointed that you chose yesterday to introduce SB468, an ill-advised and misguided bill that could disrupt the chain of command of the Department of Public Safety -- a problem an officer of the Alabama National Guard should understand," Bentley wrote in his letter to Taylor, a major with the Guard who volunteered for duty after the most recent tornadoes.

"Your bill is an unnecessary distraction to the many good people who are busy coordinating the state's response to the greatest natural disaster in our history." 

"In the first days following this tragedy and in the last remaining days of the regular session, with critical issues left unfinished, it is hard for me to believe that a bill would be introduced to allow, with a stroke of a pen, state troopers to be pulled away from saving lives and reassigned to other duties -- all without the approval of the governor, the chief magistrate of this state," Bentley continued. "This cannot -- and will not -- stand."

Of course the boyish looking, but hardly acting Taylor says he is "baffled" and "stunned" by the old bull's rebuke and ratchets up the warfare by calling Bentley's response an "odd sense of urgency" and claimed he was "taken aback by the tone":

"Frankly, I'm baffled by Governor Bentley's opposition to this bill and stunned by the harsh and defensive tone of his letter, not to mention the odd sense of urgency given to a bill that I introduced only yesterday and which hasn't even been scheduled for a committee hearing yet." 

What the hell did you expect as a response senator? Flowers and chocolate? Bentley may not be the sharpest tack in the box, but he knows what's behind the shenanigans of a youthful and useful idiot when he sees it. Particularly when it's painfully obvious where your loyalties lie Senator Taylor--with your old boss.

Perhaps Taylor has never heard the term "Mess with an old bull and you get the horns son."

The implication that Taylor is making with his carefully chosen adverbs and adjectives is clear--Bentley is old and out of touch with the self-described young guns of the republican party. 

He goes on to tout himself as a fine citizen who has been on the ground in the aftermath of the Alabama tornadoes (in one passage before Bentley showed up), fundraising with his wife and worshiping with victims of the storms. He's carefully covering all the bases and painting a self-righteous picture of what might appeal to supporters (and sympathizers): military man, family man, man of God and Superman.

Me, me, me and how great I art. Not a word about any other volunteer or do-gooder to distract from the I'm Senator Taylor and never fear because now I am here! He's as transparent as glass and with an equally fragile ego.


Senator Taylor admits "this is a bill that has been on my mind for a while," but when he met with Bentley's chief of staff Judge Chuck Malone a while back, (during session) he didn't bother to discuss the matter. Instead he chose to delve into the now tired as heck issue of gambling, a perennial Riley favorite topic.

The now 'wounded' boy wonder claims he had tried to meet with Bentley's legal adviser Cooper Shattuck to discuss this bill "but both times Cooper was unable to meet with me."

Okay, let's cut through the nonsense here-- you had a captive audience Senator Taylor when you met with Malone, for this bill that has 'been on your mind' and you chose to not discuss it. And now you offer up a defense of no one was able to drop what they were doing that may have been important to meet with the ever important you?

So, your next course of action is to exercise an "odd sense of urgency" and propose this bill so close to the end of session, because you just had to do something (to protect 'someone') with or without discussion with the sitting governor's office?

That's utter nonsense Senator Taylor and as devoid of logic as this bill you are proposing, in addition to being very disrespectful of the governor's office and authority. He's not our favorite person, granted, but he's right to give you a jumbo-sized slap down on your protect my buddy Riley antics.

It doesn't take long to review what the duties of the ABI and DPS are to see what you claim will happen more efficiently, all because of your legislation Senator Taylor, is already in place. The AG's office can make a quick request of the governor's office and have all the resources and manpower available to a valid investigation or purpose with the time it takes to make a phone call.

This is no action legislation according to the language in the bill, but it clearly serves another more devious purpose.

What Taylor is up to smacks of a Nixonian maneuver designed to quash investigations into the former Riley administration and certain republican power players who have more than a little dirt on their hands. There is a lot to lose, such as freedom and face, if certain proverbial stones are overturned resulting in indictments, and well-informed sources tell us that there are active inquiries into more than just a few past transgressions during Riley's reign of corruption.

Doubters might ask themselves why the I-never-met-a-camera-and-microphone-I-won't-hog Bob Riley has been so quiet since leaving office, because let's face it, the man did, perpetually and longingly, thrill to the sound of his own voice and image ad nausea and polecats aren't known for changing their spots.

But we would sure enjoy seeing how one well deserving ol' polecat would look in stripes. 

*Photo credit before modification Bruce Turner

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"But For This" the Average Alabama Citizen Might Have a Chance

Alabama AG Luther Strange speculates in favor of special interests not the average Joe in post BP Spill compensation.

We were listening to an interview with Alabama AG Strange yesterday and found that what he didn’t say regarding compensation for ordinary Alabamians, well, frankly, strange. He seemed fond of a phrase that invites debate as being more speculation than fact: “But for this…”

“If you’re a Realtor or Dentist, but for this spill I would have had this…. If you‘re a golf course owner/developer, restaurant or accountant, but for this, I would have had this….”

“A lot of our time is spent looking at economic damage and but for this I would have had this.”

What we’re not hearing is the average person being given the same consideration, such as the fishermen and small seafood affiliated businesses who rely on the Gulf to make a living. Can’t they make a more compelling argument using the “but for this” measure than a real estate developer who’s business was already in a downturn before the spill?

We’ve seen story after story of the average citizen being moved aside in favor of special interests being compensated first.

Take the case of the real estate developer Brett Robinson who recently received $37.2 million from BP. He’s well-connected to the Alabama Republican party and it’s the suspicion of many that he was given preferential treatment:

BP PLC agreed today to pay $37.2 million to Brett Robinson, developers of Phoenix West II in Orange Beach, so the company can finish construction of the high-rise, 358-unit condominium tower, according to Gov. Bob Riley and the developers.
"This project will bring significant economic benefits to the region and our state," Riley said in a joint statement with U.S. Rep. Jo Bonner, R-Mobile, and Orange Beach Mayor Tony Kennon.

Let’s contrast that payoff with 67 y/o Ralph Atkins the owner of Southern Fish & Oyster Co. who’s been in business since 1934. Here’s how he describes his experience with the claims process:

Atkins called the recent meetings with Feinberg in Bayou La Batre and elsewhere “dog and pony shows.” He has filed an interim claim but is still talking with his accountant about their next move. Seafood dealers aren’t being paid anything close to what restaurants are getting, he said. “The last money I got was in October — they keep changing around the rules and telling you something different,” he said. “And they’re giving all this money to the Department of Conservation, which doesn’t know anything about marketing.”

“But for this” Mr. Atkins would have had his 77 y/o business remain intact. Where’s his fair compensation? Why was he treated differently than a big republican operative? That’s a rhetorical question obviously.

Luther was cheer-leading himself and repeating the myth of the beaches being clean despite numerous reports and video evidence that the cleanest beaches are solely in certain well-to-do areas.

“I think the beaches are great, I have been pleased as I go down and look at the coast and the beaches are clean….” One good thing that has happened in the lawsuit is the judge appointed me to oversee the case. We can maximize recovery for the state, it’s puts us in the catbird seat.”

When was the last time you tried a case in court Mr. Strange? And don’t you think that your previous occupation as a lobbyist for Transocean and big oil might have made you a more attractive choice to Judge Barbier, who like many judges in Louisiana, holds stock in big oil? You were appointed behind closed doors with no meeting by this judge weren't you?

And isn't it true that for the most part, that State attorney generals, particularly in the current economy, lack the resources (staff and money) to initiate the costly, drawn out litigation required by such cases?

Who's going to be making sure that the corruption machine in Alabama is held accountable with the AG's office distracted by handling the BP case? Oh, the Ethics Commission will be handling that we suppose. The same commission that passes on over 90% of the cases that comes before them.

Was this by design or just coincidence? 

So what do we really have in Strange being in charge of the BP lawsuit? We have a "but for this" maybe the process would be fair to the regular Joe and maybe we would have a seasoned courtroom attorney trying this important case for the benefit of all, and not just the anointed few.

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Alabama Attorney General Luther Strange--Velvet Hammer or Iron Fist?

Alabama Attorney General Luther Strange is reportedly lining up 'sledgehammers' of justice to dismantle the state's thick wall of public corruption.

In yesterday’s edition of the Birmingham News John Archibald wrote an interesting column about the coming ‘Hammer Time’ attitude of the AG’s office on the heads of elected officials who betray the public trust and defile Alabama Codes of Ethics. We’d like to think this might be a real turning point by the AG's office, but we suspect it’s really more of a velvet hammer in a political glove.

Archibald is a sharp tack and not much gets past his BS detector. He’s done some of the hardest hitting commentary to ever come out of the Birmingham No News and we are admirers of his courage to report what others will not.

That said, it’s no secret that Big Luther is positioning himself for the biggest office in Alabama--the Governorship. And even though we’d like to believe that this get tough hammer he’s swinging by assembling these hard tack men to go after corruption is solid, we’re just not buying it.

Big Luther has far too many Rileyites in his office and the former he wouldn’t know what ethical behavior is if it whacked him the head governor has high praise for Strange. That’s enough to set off more than a few pings of alarm in our minds.

And let’s not close to door on the recent article by Bob Martin that reveals the alleged oversight of foreman Riley in building Big Luther’s new house:

Riley called Strange to his office to lay out what he wanted from the new attorney general … and what he would do in return … a classic quid pro quo offer.

Riley told the incoming attorney general that he wanted him to “protect” his children and also direct any business he could to them. For that, Riley told Strange, he would support him for governor in 2014 and raise $2 million for his campaign.

No Alabama politician does anything with public fanfare, as this is, without their own agenda being the real driving force, we’ve seen that bear out time and time again.

The true test of what Luther says and what Luther does will be if there is an increase in stepped-up investigations into his own party members that end in convictions, not administrative window dressing and a slap on the wrist with a promise you won’t do it again re-alignment.

“Hammer time” in Alabama? Maybe.

But we think it’s going to be more of a pick and choose who to whack ball-peen hammer of authority rather than the non-discriminating iron fist of tough justice for all.

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