Robert Bentley and Rebekah Caldwell Mason (From nytimes.com)

May 4, 2014, is when Lewis first learned that Governor Bentley might be having an affair with Mrs. Mason. The Governor was flying to Talladega for a race, at which he was the Grand Marshall. Lewis, Paul Bentley (the Governor’s oldest son), the Governor, Mason, and the Governor’s grandchildren were on a State plane.

Paul Bentley leaned over and said to Lewis, “I need to talk to you later in the week.” Ray replied, “Okay. What about?” “Mom says she is seeing ghosts.” “What do you mean?”, asked Lewis. Paul Bentley replied, “She thinks Dad is having a relationship with Rebekah.”

Gov. Robert Bentley’s use of state-owned aircraft increased in the first quarter of this year as he flew around Alabama more often than in the previous three years.

His communications officials say the travel was all related to his role as governor and not his re-election campaign. Any campaign expenses incurred by his office have been reimbursed by his campaign.

Bentley’s flight logs, but not the trips’ costs, are listed on his office’s website. The log for the second quarter — April, May and June — had not been posted as of late last week.

Most of Bentley’s flights are on an older-model Alabama Department of Transportation jet. In June, The Decatur Daily filed an open records request with ALDOT for the cost of each trip taken by Bentley from January through June 3, the GOP primary.

The department turned over records, for a $118 fee, on 35 flights totaling about $83,600. Bentley’s office occasionally uses other state agency aircraft, including that belonging to the department of public safety.

“The governor uses the plane as necessary to fulfill the duties of being governor,” Jennifer Ardis, spokeswoman for the governor’s office, said Thursday in an email. “His goal is to meet with people outside of Montgomery in order to understand local issues and communicate his message of job creation, government efficiency savings, etc.

Rebekah Caldwell Mason, Bentley’s campaign spokeswoman, said the governor has never used state aircraft for campaign purposes. The Bentley campaign has made payments to the state’s General Fund as reimbursement for campaign-related travel in state vehicles, as required by state code.

Records on the secretary of state’s website show Bentley’s camp has paid $758 to the General Fund since August of last year for transportation and administration cost reimbursements.

Mason is listed as being on at least one flight paid by taxpayers, according to the online flight logs. Before she was his campaign spokeswoman, Mason was director of communications in the governor’s office.

“When the Governor’s Communications Office is short-staffed, I volunteer at no cost to the taxpayers, and the law allows for that,” Mason said of why she was on the flight.

Davy Hay

I am about to hit "File Motion" on the single most important document I have ever written.

My client and I are fighting for the most basic freedoms guaranteed under the First Amendment of the United States Constitution.

Since July 2013, Roger Shuler has suffered one legal defeat after another, over reports he published on Legal Schnauzer concerning Liberty Duke, Jessica Medeiros Garrison, Attorney General Luther Strange and Rob Riley, son of former Gov. Bob Riley.

During all of his legal troubles, Shuler refused legal council (sic), and according to a report in The New York Times, maintained “self-defeating posturing.” (Note: This is off target on a couple of fronts. I never refused legal counsel; I always was open to, and would have welcomed, tough, smart, honest, affordable legal help. But no such lawyer appeared to meet me at the Shelby County Jail. As for the "self-defeating posturing" business, that characterization came from a right-wing California lawyer/blogger named Ken White (Popehat blog) who knew nothing about me and very little about my case. The guy presented zero evidence to support his claim.)

In an up-coming May hearing, [Shuler] will be represented by Davy Mack Hay, who said he will seek the justice that Shuler has been denied under the First Amendment. . . .

Hay, who has known Shuler for a number of years, recently filed a Motion To Alter, Amend, or Vacate the recent $3.5 million default judgment received by Garrison, for what her attorney called “cyber-bullying of the worst order.” (Note: This isn't accurate either. Hay and I never really knew each other. We talked on the phone a time or two a few months before he became my lawyer. And to this day, I haven't met him in person. We certainly did not know each other for a number of years.)

While it appears that Hay will be fighting the default judgment on grounds that his client was not properly informed of the hearing, it is about a much bigger issue, he says.

At issue is " . . . core constitutional tenets of journalistic protections associated with a ‘free press,’ which allows the unmitigated flow of news and information, void of Orwellian governmental intrusion,” writes Hays, in his motion.

Shuler, who operates the website Legal Schnauzer, on Thursday afternoon, filed a motion through his attorney asking Jefferson County Circuit Judge Donald Blankenship to vacate his April 13 default judgment against Shuler for $1.5 million in compensatory and $2 million in punitive damages.

Shuler also asks the judge to grant him leave to file an amended answer and counterclaim, and enter a new scheduling order sufficient to allow time for discovery in the case.

Shuler filed an initial response denying Garrison's claims but failed or refused to sit for a scheduled deposition and did not attend a hearing that resulted in the default judgment.

Prattville attorney Davy Hay, who entered an appearance in the case on April 18 on behalf of Shuler, stated in Thursday's motion that the court had issued an order in the case May 9, 2014 changing Shuler's address from the Shelby County Jail to an address in north Shelby County.

"However, the aforementioned address was no longer the defendant's (Shuler's) residence by virtue of a recent foreclosure. Therefore, he did not receive notice of this court's scheduling order or any subsequent documents filed in the case," according to the motion.

Hay states in the motion that Garrison failed to ascertain Shuler's whereabouts and provide proper notice regarding hearings or filings in compliance with his due process rights, especially considering Shuler was representing himself at the time.

"Now that defendant (Shuler) is represented by counsel, he understands he had a duty to notify the clerk of court of any address changes, however, several circumstances prevented him from doing so," according to Hay's motion.

According to the motion those circumstances were:

* "Mr. Shuler and his wife lost their home and were facing the very real possibility of being homeless. This being such a pressing and immediate issue, all other concerns had to be given lower priority.

* "Mr. Shuler had just spent five (5) months in jail, which began with being beaten by law enforcement officials in his own home and wrongfully detained, in violation of his constitutional rights."

* "Mr. Shuler and his wife experienced excessive psychological trauma, resulting in the defendant spending six (6) days in a psychiatric unit, in direct relation to these events, and was diagnosed with Post Traumatic Stress Disorder."

* "Mr. Shuler has a good-faith belief that his very life has been in actual peril as a result of his reporting. Accordingly, he has been and continues to be highly reluctant to submit to the authority of the state after what he perceives to be illegal attacks against his person, his family, and his rights as a citizen of the United States."

Hay states in the motion that Shuler has a meritorious defense in the case, "and by virtue of evidence currently in his possession and that which can be obtained through exhaustive discovery, shall show that the case against him is frivolous and nothing more than an attempt by the plaintiff to unconstitutionally bully the defendant (Shuler) into silence."

Hay argues in the motion that Garrison is a public figure, based on her work on Strange's campaigns, her appointment as Chief Counsel and Deputy Attorney General of the state of Alabama in 2011, and her position as director of the Republican Attorneys General Association. If Garrison was to be considered a public figure, rather than a private citizen, it would raise the burden to that of proving actual malice, the motion states.

Wendell Ray Lewis (From linkedin.com)

"those persons, firms, corporations, universities, trade associations, think-tanks, non-profits, or other entities who or which contributed money directly or indirectly to Mason, whether by cash, check, PayPal, or other means, or provided other benefits or things of value to Defendant Mason, through RCM, or any of Defendant Mason’s businesses, any of Jon Mason’s businesses, ACEGOV, and/or Bentley for Governor, Inc."

"participated in the act of feeding to certain Alabama journalists misleading information about the overtime worked, earned and/or paid to Plaintiff [Lewis] by the State of Alabama."

On one occasion, Dr. Henry Mabry, then the Executive Secretary of the Alabama Education Association, said he could get Mason paid to the tune of $150,000. Paul Bentley told Lewis that Cooper Shattuck, the Governor’s former Legal Advisor, set up the 501(c)(4) for Mason. On information and belief, that 501(c)(4) was Defendant ACEGOV. Seth Hammett told Lewis he had a conversation with the Governor in which Hammett informed the Governor that because of the Governor’s relationship with Mrs. Mason, Mason could not be on the state payroll, therefore the need for the 501(c)(4). Bentley confirmed that conversation to Lewis,saying of Hammett, “I want his ass gone."

She knew he wasn’t going to do anything to facilitate her relationship with the Governor; she wanted him gone. Plaintiff was beginning to reach an important conclusion: once you got in Rebekah’s cross hairs, that was it. She ordered the hit, and the Governor carried it out. At one point, the Governor barked to Lewis, “If anybody says another thing about Rebekah, I will fire their ass.”

Rebekah Mason and Nick Saban (From heavy.com)

A few months after Lewis retired earlier than he had ever intended to, he was contacted about a senior security position with The University of Alabama. He met with Cooper Shattuck, formerly Governor Bentley’s Legal Advisor and now General Counsel to the University System. Shattuck spoke to Lewis about helping with University security, perhaps having a role with Coach Saban, whom Shattuck described as “the University’s greatest asset.” Eventually, Shattuck turned the conversation to the Governor. He asked Lewis his thoughts. Lewis told Shattuck, honestly and soberly, that he thought eventually the Governor would be held accountable, and that he should be. Shattuck replied, “Well, I plan to be a friend to him when he falls.” Lewis never heard back from Shattuck about the University security job. When Lewis eventually himself got back in touch with Shattuck, he told Lewis to reach out to Ronnie Robertson. Lewis followed up with Robertson, who had nothing to do with anything Lewis and Shattuck had talked about. Needless to say, no job offer was forthcoming.

Lewis also heard about this same time from Clay Ryan, a Birmingham attorney, who asked Lewis if he would be interested in the job of head of security for Alabama Power. Lewis responded in the affirmative. By text message on July 24, 2015, Ryan informed Lewis that the “pay will be ‘what it takes’ [one can assume, to get Lewis there]” and “You would be crosswhite’s [sic] guy” meaning Mark Crosswhite, the President and CEO of Alabama Power. Lewis replied, that same day, “Thanks Clay. This is a great opportunity!” But it never materialized. Ryan asked Lewis to send him a resume, which he did. But then Ryan asked Lewis how he intended to respond if and when the questions started flowing about the Governor. Another honest answer from Lewis. Another no call back.

Roger Stone and Donald Trump (From freedomdaily.com)

A longtime ally of President-elect Donald Trump says the Hillary Clinton campaign joining recount efforts increases the chances that Clinton will face criminal prosecution.

“I think Hillary increases her chances of prosecution by acting this way,” Roger Stone said Monday on Newsmax TV’s “The Steve Malzberg Show.”

It would be a major breach of the Justice Department’s traditional independence from the White House for the president to order the prosecution of any individual as a means of political retaliation. (The FBI recommended against bringing charges against Clinton for her use of a secret email secretary of state in July and reaffirmed that decision a few days before the election.)

Still, Trump’s senior adviser, Kellyanne Conway, also seemed to draw a connection between the recount effort and the prosecution question during a TV interview on Sunday.

“He’s been incredibly gracious and magnanimous to Secretary Clinton at a time when, for whatever reason, her folks are saying they will join in a recount to try to somehow undo the 70-plus electoral votes that he beat her by,” Conway said to CNN’s Dana Bash.

“When I look at those double-page New York Times spreads of all the individual pictures of people who have been killed [in Iraq], I got to think, 'Maybe there wouldn't have been a war if I hadn't gone to Miami-Dade. Maybe there wouldn't have been, in my view, an unjustified war if Bush hadn't become president.' It's very disturbing to me."

Cooper Shattuck

A few months after Lewis retired earlier than he had ever intended to, he was contacted about a senior security position with The University of Alabama. He met with Cooper Shattuck, formerly Governor Bentley’s Legal Advisor and now General Counsel to the University System. Shattuck spoke to Lewis about helping with University security, perhaps having a role with Coach Saban, whom Shattuck described as “the University’s greatest asset.” Eventually, Shattuck turned the conversation to the Governor. He asked Lewis his thoughts. Lewis told Shattuck, honestly and soberly, that he thought eventually the Governor would be held accountable, and that he should be. Shattuck replied, “Well, I plan to be a friend to him when he falls.” Lewis never heard back from Shattuck about the University security job.

After over four years of service as General Counsel for The University of Alabama System, Cooper Shattuck has announced his resignation effective December 31, 2016. Shattuck plans to pursue a number of professional opportunities, including his recent nomination as a candidate for President-Elect of the Alabama State Bar.

“After many years of public service to the State and to the state’s largest education enterprise, I am looking forward to returning to the private practice of law where I can utilize my broad-based experience to further the interests and accomplish the goals of numerous clients,” Shattuck said.

Shattuck joined The University of Alabama System as General Counsel in August 2012. He previously served as Chief Legal Advisor to Governor Robert Bentley, where he worked extensively on the restoration of the environmental impact and recovery of the economic damages sustained by the state as a result of the Deepwater Horizon oil spill incident.

“I had the pleasure of working with Cooper over the past four years,” current Chancellor Ray Hayes explained. “During his tenure, Cooper maintained and grew a great team in the Office of Counsel and accomplished much. It will be difficult to find his replacement; however, he will assist with the transition.”

John Daniel, Chief University Counsel at UAB, has been named Interim General Counsel, and will work with Shattuck over the next month to ensure a smooth and seamless transition. With over 38,000 employees, 65,000 students, 50 affiliated entities, and a combined budget of over $5.6 billion, The University of Alabama System is the state’s largest education enterprise.

Don Blankenship

June 19, 2015 

Headline: Evidence at yesterday's hearing suggests that Jessica Garrison's $3.5-million default judgment is void

No final order was issued yesterday at a hearing on a motion to vacate a $3.5-million default judgment against me in the Jessica Medeiros Garrison defamation case. But evidence strongly suggests the judgment already is void.

My presence was not required, so I was not at the Jefferson County Courthouse. But my attorney, Davy Hay, provided a general rundown of what took place. Hay and Garrison's lawyer, Bill Baxley, apparently engaged in spirited argument about a number of issues regarding the default judgment, but Hay drove home what might be the single most important argument -- from a simple procedural standpoint, Garrison's default judgment appears to be void.

On top of that, Hay argued, the court incorrectly applied a "private person" status to Garrison, even though she appears to be a public figure who has engaged in high-profile, public matters for roughly a decade. That means the court should have used an "actual malice" standard to address the alleged defamation.

Circuit Judge Don Blankenship has been off the bench recently because of eye surgery, so he conducted the hearing via telephone, with the two lawyers speaking from the courtroom. It's not known when Blankenship will make a ruling.

The hearing raised issues of good faith and fair dealing. Davy Hay filed our Motion to Vacate on April 23, meaning Baxley had eight weeks to file a written response. He filed nothing in writing before the hearing, but he did execute a "mini document dump" of "evidence" that appears to be utterly irrelevant to the Garrison case (more on that in a moment). In essence, our motion was unopposed in writing, and we had no opportunity to prepare for Baxley's "document dump."

What points to Garrison's default judgment being void? The record shows that she filed a Motion for an Order Rendering Judgment by Default on January 6, 2015 (entered on January 7). On January 13, 2015, the court entered an order granting the motion. In between those two dates, there is nothing in the record to show the plaintiff made any effort to notify me of her application for default. (The case docket is embedded at the end of this post.)

As we showed in a recent post, Alabama law requires that the opposing party receive at least three days written notice of a default application and hearing. The law suggests it must be actual notice, with completed service. Here is how we summarized the law:

Despite whatever arguments Baxley comes up with, the facts and law already point to the default judgment being void, based on a case styled Abernathy v. Green Tree Servicing, (Ala. Civ. App., 2010). Abernathy focuses on the notice required for parties seeking default judgments. From the ruling:

"Abernathy contends, among other things, that Green Tree did not provide her with appropriate notice of its November 12, 2009, application for a default judgment and that, as a result, the trial court erred when it entered the November 13, 2009, default judgment. Specifically, she argues that Rule 55(b)(2), Ala. R. Civ. P., required that her attorney be given three days' written notice before the entry of the November 13, 2009, default judgment and that the failure to provide such notice constitutes reversible error. We agree."

The Abernathy case goes on to state that failure to give proper notice "renders the default judgment void" and "requires vacation of the default judgment."

Not only did I not receive notice, the record apparently shows that the plaintiff or her representatives never sent it. Under the law, that should make yesterday's other arguments moot.

As for those other arguments, Attorney Hay said Baxley entered a dozen or more exhibits that purported to show I have an ongoing disregard for the justice system. That's the "'document dump" I referred to earlier. Apparently the exhibits were copies of court orders from other cases, or news reports from other cases; it was hard, Hay said, to tell exactly what they contained. It perhaps is even harder to determine how they are relevant to the Garrison case. Without seeing the exhibits, I can't say much about them. But I can say for certain that any insinuation I have a habit of disregarding the court system is false.

Heck, if anything, the justice system has shown disrespect for me. After all, an Alabama judge (Baxley friend Claud Neilson) essentially ordered me kidnapped, leading to a five-month incarceration that violates more than 200 years of First Amendment law -- and that played a major role in the Garrison-case default judgment, as did a foreclosure (which I believe was wrongful) on our home of 25 years.

The dubious exhibits apparently were the only "hard copy" material Baxley filed with the court. Should the exhibits, which appear to have no connection to the Garrison case, be kicked out as irrelevant? Sure looks that way from here.

The two-pronged "Kirtland" test, which is central to having a default judgment overturned, partly involves a showing of a meritorious defense. The test comes from a case styled Kirtland v. Fort Morgan Authority Sewer Service Inc., 524 So. 2d 600 (Ala. Sup. Ct., 1988). Baxley apparently argued that the defaulting party must submit affidavits or exhibits to show a meritorious defense, but Alabama case law does not appear to say that. From the Kirtland case:

The rationale behind the meritorious-defense requirement is that evidence of a defense indicates that the outcome of the case could be different if it were disposed of by a trial on the merits rather than by a default judgment and, therefore, justifies reopening the case so that justice can be done. . . .

The allegations set forth in the answer and in the motion must be more than mere bare legal conclusions without factual support; they must counter the cause of action averred in the complaint with specificity— namely, by setting forth relevant legal grounds substantiated by a credible factual basis. Such allegations would constitute a "plausible defense."

A case styled Ex parte Illinois Central Gulf Railroad, 514 So. 2d 1283 (Ala. Sup. Ct., 1988) puts it in even simpler terms:

To meet the meritorious-defense element, the movant need not satisfy the trial court that the movant would necessarily prevail at a trial on the merits, only that the movant is prepared to present a plausible defense.

Our Motion to Vacate asserts the ultimate defense in a defamation case -- the truth of my reporting, stating that I stand by my sources and my work. The motion also states that I have evidence, and can obtain additional evidence via discovery, that more than amounts to a "plausible defense."

The first prong of the Kirtland test is perhaps the most important, It states that a trial court must act with an understanding that default judgments are disfavored under the law, and any close call should come down on the side of ordering a trial on the merits:

The Alabama Constitution and our past opinions construing the default judgment rule support the conclusion that the interest in preserving a litigant's right to a trial on the merits is paramount and, therefore, outweighs the interest of promoting judicial economy. We have repeatedly held that the trial court's use of its discretionary authority should be resolved in favor of the defaulting party where there is doubt as to the propriety of the default judgment. Johnson v. Moore, 514 So.2d 1343 (Ala. 1987). . .

We, therefore, emphatically hold that a trial court, in determining whether to grant or to deny a motion to set aside a default judgment, should exercise its broad discretionary powers with liberality and should balance the equities of the case with a strong bias toward allowing the defendant to have his day in court."

In this case, there isn't much doubt about the default judgment. The evidence indicates it is void, on procedural grounds. In terms of case law, my right to a trial on the merits is paramount and should demand that the default judgment be set aside.

As the defendant, I am due my day in court. Blankenship's order, whenever it comes, should uphold Alabama law on that point.

Craig O'Dear

Mr. Shuler:

The article you have drafted and now threaten to publish conveys a false and misleading impression of people about whom you have little knowledge.

Stephanie was and is the love of my life. We were married in 1995, and legally divorced in November 2012. Many years prior to the effective date of our divorce, we ceased to be a married couple, and my marital obligations to Stephanie came to an end. I was not unfaithful in the marriage, and Stephanie never alleged in our divorce proceeding that I had been. Your draft article conveys an impression to the contrary. That impression is false.

Further, I have never at any time in my life been romantically involved with any woman who was married. You draft article conveys a false impression to the contrary on that issue as well by highlighting the marketing tag line for the dating site you reference and implying anyone who might have used it did so for the purpose of engaging in an extramarital affair. The only possible purpose you could have to do this is to publish something you believe will draw traffic to your site, with an intent to embarrass and damage me and Stephanie and our children, both personally and professionally. During this difficult period in my life, whatever social activity I engaged in violated no marital obligations. My focus was being the best father I could be to my children and being the best lawyer I could be practicing law and taking care of my clients. If you took the time to interview anyone who has any personal knowledge of my life, you would know this.

The good news in all of this is that in the Spring of 2014, Stephanie approached me and expressed a desire to re-establish our relationship and reunite our family. Unlike most of the stories of broken marriages, this one has a happy ending. We engaged in a process that achieved our objective, and Stephanie and I are again partners in life, living together with our children, and enjoying the blessing of all that entails. This is yet another point on which your draft article conveys a false and misleading impression, because you know nothing about the people and the family you seek to slander.

I am copying Stephanie on this email. I told her of your communication to me. She has seen your draft "article" and she told me she had some comments to convey to you as well. You should refrain from publishing your false and slanderous "article." If you proceed to publish this false and misleading article, an act which is legally actionable, we insist you publish in full in the same article my response and Stephanie's response, which tells the real story of our lives and corrects the many false impressions your article conveys.

Arizona cop Jeff Bonar punches Marissa Morris, with deputy Joel Winchester between them. (From nydailynews.com)

Morris did hold two “failure to appear” warrants for DUI and resisting arrest — but they were resolved before Wednesday’s incident.

Marissa Morris was already having a bad day. Due to an eviction, she was hurriedly trying to relocate her possessions when Jeff Bonar pulled up and claimed that she had a warrant and he planned to arrest her. However, not only did the badged thug not have the warrant to show her, as is the law, he did not even explain what the warrant was for. The woman was resisting her illegal kidnapping when the power-tripping gangster decided that she deserved a punch in the face for demanding her rights.

Deputy Joel Winchester is captured in the cellphone video footage. He is seen between the two for most of the duration of the physical encounter.

In his report, obtained by The Arizona Republic, Winchester described his role in the incident. He said in the document that Morris “resisted” as he struggled to keep her hands behind her back to be handcuffed.

“As our efforts continued in this manner, I noted (Bonar) punch Marissa around the chin area with a closed fist,” Winchester wrote. “I believe this was an effort to gain her compliance and enhance efforts to maintain control of her.”

There is no mention in the report of Morris kicking or kneeing Bonar, and few specific details about the physical struggle involving the three of them.

He did write that Morris repeatedly told Bonar that she no longer had a warrant out for her arrest and asking him to contact officials for verification.

Bill Pryor

If an author’s contact information is listed on their blog, contact them directly to ask them to remove or change the content in question.

Gov. Robert Bentley and Rebekah Caldwell Mason

"The rumors were not true," said Bentley.

The governor then seemed to let out months of pent up frustrations.

"There were people on blogs and people in the press who crossed the line. They truly crossed the line. People on talk radio crossed the line," said Bentley.

A taped phone conversation released yesterday captures Alabama Gov. Robert Bentley calling your humble blogger a "slimy guy." Bentley also makes a negative reference to attorney Donald Watkins. The tape adds another level of authenticity to reports that Bentley used state and federal resources to target Watkins and me -- the two citizen journalists who broke the story last summer of Bentley's extramarital affair with advisor Rebekah Caldwell Mason.

It becomes more intriguing when you consider this timeline: I broke the story of the Bentley/Mason affair on August 31, 2015, the same date Bentley and State Rep. Allen Farley (R-Bessemer) talked in the evening, with Bentley calling me a "slimy guy." Nine days later, on September 9, my wife, Carol, and I were violently and unlawfully evicted from our apartment in Springfield, Missouri, and Carol was left with a shattered left arm that required trauma surgery. We've already asked this question: Were Bentley and/or Mason involved in arranging the bogus eviction in Missouri? Was that part of their plan to target me? Was having us roughed up and brutalized also part of the plan?

The new audio suggests the answer might be yes.

Hubbard’s cooperation with authorities has led them to others in state and local government. This includes Jefferson County lawmakers and local officials.

As a result of Hubbard’s substantial cooperation with prosecutors, at least four members of the Alabama House of Representatives are under investigation and could possibly be indicted. One of the four -- Oliver Robinson -- suddenly resigned his House seat at the end of November. Three additional Birmingham-area legislators are targets of the investigation. Two of these lawmakers are Republicans and one is a Democrat.

In October, the Alabama Attorney General’s Corruption Unit empaneled a grand jury in Jefferson County. This is the prosecutorial unit that took down Mike Hubbard.

We have confirmed that the grand jury is investigating allegations of ethics violations and public corruption inside Birmingham City Hall and the Birmingham Water Works Board. The investigation is also reviewing vendor relationships at other city agencies, including the Birmingham Airport and Birmingham Construction Industry Authority.

On Friday, Cooper Shattuck, Governor Bentley’s former legal adviser, suddenly resigned from his powerful position as General Counsel to the University of Alabama System. Shattuck oversaw Bentley’s “dark money” slush fund -- the Alabama Council for Excellent Government – that was formed in 2015 and used to pay Rebekah Mason for “personal services” rendered to the Governor.The slush fund was established after Mike Echols, Governor Bentley’s long-time personal CPA and heavy hitting moneyman for the Robert Bentley Campaign Committee, split from Bentley. Echols resigned his post over a disagreement with Bentley about his love affair with Rebekah Mason. . . .

Prosecutors have not extended a plea deal to Rebekah Mason. They do not need her cooperation to make their criminal case against these two lovers.

Bentley and Mason have run out of options for avoiding their indictment.

Arizona cop Jeff Bonar punches Marissa Morris in the face. (From nydailynews.com)

X-ray of Carol Shuler's arm, broken by a sheriff's deputy

Bonar was wearing a body camera, but according to his own police report, he turned it off before approaching Morris.

Stephanie O'Dear (From Facebook)

Dear Mr. Shuler,

As a fellow University of Missouri Journalism school graduate I am confounded by your definition of journalism and the motives from which you are operating. This approach of salacious and hurtful disclosure is not what we were taught to go forth and pursue with our degrees and that you are using that fine education to pursue such a trajectory saddens me.

What is especially troubling being the lack of backstory that you have elected to circumvent and that would not be obvious to anyone simply searching via Google for random details. Those details are difficult, complex and private and your notion that you will and have a right to force our hand is troubling. From what pedestal are you mandating this approach and what is your motive other than to attempt to humiliate and hurt a family that you do not know and in which you have no vested interest? It is perplexing and again, saddening, to know that anyone out there would embark upon this tactic and slander a family that has done you no harm.

Our family story is an amazing one but one that has withstood tests and trials the likes of which you cannot know or understand. Including, the breakup of our marriage and the struggles for our children that it inherently brought. If you must know, I take responsibility for the divorce and was the one who filed. The details of our downfall aren’t relevant here except that Craig never had an affair nor did I ever accuse him of such. If he did participate in any online sites as you are suggesting, he did so at a time and place that we no longer had a mutual marital obligation to each other and was free to pursue his life as he so chose. We both have deep regrets about that time period though as divorce simply does not bring out the best in anyone but Craig did nothing wrong and never violated his vows to me. And divorcing him is the greatest mistake of my life.

If you must go forward, what you must also consider is where we are today and that is truly the story, if you are looking for one. It is of redemption, reconciliation and forgiveness. It is of two people who genuinely never stopped loving each other and through grace and time found a way to be together again – which is what we have been working towards for some time now, culminating with me moving back into the family home this past Memorial Day. Craig and I are deeply committed to each other and unconditionally devoted to rebuilding our family together. To healing wounds and finding new opportunities. To loving each other better than we did before and to focusing on the future and all the wonderful things that lie ahead. To supporting our children as they launch into adulthood and to being there as their parents no matter what. To creating a life where we each have the other’s back and to supporting one another through the difficult times, like the one you have created today.

So if you want an interesting story to tell, I’ve just told you one. And if you are a man of integrity, honor, and grace – like Craig O’Dear is – and intent on pursuing a post on your blog then you will focus on our family’s future, rather than our past. We respectfully ask that you refrain from pursuing your post and move on. There is only a good news story here and it is one that inspires hope, a renewed belief in humanity, and the power of forgiveness. Thank you.


Sincerely,

Stephanie O'Dear

Iqbal and Twombly lead to dismissal of valid cases. (From orrick.com)

We do not require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face. Because the plaintiffs here have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed.

Twombly and Iqbal are widely cited by defense lawyers as a means of getting frivolous complaints dismissed before the costly factual discovery stage. But plaintiffs say judges are using the standard as a docket-management tool, precluding legitimate claims from being heard. . . .

For plaintiffs, Twombly and Iqbal create an unfair burden. If they are expected to present detailed facts from the outset, rather than acquiring them through pretrial discovery, they may have to foot the bill to investigate on their own. That, they say, creates at best an unfair burden just to have a case heard on the merits, and at worst a complete barrier to the courthouse.

Where intent or discriminatory purpose is at issue, the cases present the circular logic of catch-22. In civil rights claims or motive-based torts—or in claims where the defendant’s conduct is by nature concealed, like fraud or antitrust—evidence is in the hands of the defense. Discovery remains the only opportunity to gather this kind of evidence. Yet if a meritorious claim can never get past the pleading stage, discovery—many claimants’ primary chance to uncover facts—is not even an option.

Bill Smith III (From businessalabama.com)

Be it at The Ritz-Carlton or the Waffle House, any time you’re served coffee there’s a good chance it is Royal Cup, one of Alabama’s oldest businesses, which has remained privately held and family controlled for more than 100 years.

Founded in 1896, the Birmingham-based company is a leading coffee importer, roaster and distributor of premium coffee and tea serving the away-from-home market — fine and casual restaurants, hotels, resorts, clubs, offices and healthcare facilities.

Just how long ago is 1896? To put it in historical perspective, that year Utah became the 45th state, the Dow Jones Industrial Average was launched and Henry Ford unveiled his first automobile. Management expert Jim Collins, who studies corporate longevity, calls companies that survive 100 years or longer “a special and rarefied group.”

Bill Smith III has worked at the company for over 20 years, serving as Atlanta’s territory manager and later as vice president of the operations departments. He has also led the commercial and office coffee division.

Royal Cup serves numerous markets, from resorts, hotels and offices to convenience stores and general consumers. They have distribution centers in the U.S., Mexico, Canada and the Caribbean. They source from Rainforest Alliance Certified farms.

The company, which has announced a $30 million expansion, was the 19th largest private company in Birmingham last year, with more than $340 million in revenue.

The Smith family has owned Birmingham-based Royal Cup since 1950, when William E. Smith and a group of investors purchased the company from the estate of the founder, Henry Batterton of the Batterton Coffee Co.

Carol and I are reunited at our former home in Birmingham after my arrest for blogging and a five-month stay in an Alabama jail (By Michael Donahue)

Progressive journalist (and former UAB Editor) Roger Shuler and his wife Carol need help with basic living expenses.

I'm Timothy Smith, a Democrat living in the very red state of Louisiana. I became interested in Roger Shuler's work back in 2013, when I started reading some of his exposés of the corrupt Republican machine in Alabama.

Most of Roger Shuler's work has been published at Roger's blog, Legal Schnauzer, which he began in 2007. [ http://legalschnauzer.blogspot.com]

I recently became reintroduced to Roger's work after a series of stories related to the possible nomination of Mr. Pryor, and the brief gay porn modeling career of a young gentleman described on the gay porn website BadPuppy.com as "Bill Pryor".

Here is a brief synopsis of the timeline of events leading to the wrongful incarceration and police brutality against Alabama blogger Roger Shuler and his wife, Carol. Roger was beaten, falsely arrested, and falsely imprisoned for five months due to his expose of corrupt Republican officials in his home state of Alabama. He has never been charged with any crime. Roger and Carol have both lost their jobs, their home and their life.

September 2013
Roger Shuler, at Legal Schnauzer blog, breaks story about nude, gay-porn photographs in the background of U.S. Circuit Judge Bill Pryor, now considered a possible SCOTUS nominee under Donald Trump. The Pryor porn story starts to get national attention via Above the Law, the No. 1 law blog in U.S.

Less than one week after the Pryor story breaks, Shelby County, Alabama, deputies begin making regular visits to the Shulers' home -- at least four visits in three days.

Since all of the legal shenanigans the Shulers have suffered since Roger's published exposés of the corrupt Republican machine in Alabama, they have lost their home in Alabama and are currently living in a pay-by-the-week motel in another state.

All donation received are for the Shulers' basic living expenses, including housing, food, medicine, and other basic household needs. The Shulers are in desperate need of our help as soon as possible, and need access to these funds immediately. Please help as much as you are able. Thank you.

Alex Jones (right) and Donald Trump surrogate Roger Stone (From mediamatters.org)

On live radio . . . Scottie Nell Hughes sounded breezy as she drove a stake into the heart of knowable reality:

“There’s no such thing, unfortunately, anymore, as facts,” she declared on “The Diane Rehm Show.”

Hughes, a frequent surrogate for President-elect Donald Trump and a paid commentator for CNN during the campaign, kept defending that assertion, although not with much clarity of expression. Rehm had pressed her about Trump’s recent evidence-free assertion on Twitter that he, not Hillary Clinton, would have won the popular vote if millions of immigrants had not voted illegally.

(The apparent gen­esis of Trump’s claim was Infowars.com, a site that traffics in conspiracy theories and is run by Alex Jones, who says the 2012 massacre of 20 children and six staff members at an elementary school in Newtown, Conn., was a government-sponsored hoax.)

What matters now, Hughes argued, is not whether (Trump's) fraud claim is true. No, what matters is who believes it.

“Mr. Trump’s tweets, amongst a certain crowd, a large — a large part of the population, are truth. When he says that millions of people illegally voted, he has some — in his — amongst him and his supporters, and people believe they have facts to back that up. Those that do not like Mr. Trump, they say that those are lies, and there’s no facts to back it up.”

Iqbal and Twombly have greatly increased the chances that legitimate claims will be dismissed in federal court before they even get started. (From orrick.com)

Plaintiffs’ defamation claim against the Hearst Defendants is deficient as a matter of law and should be dismissed for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). In order to survive a Rule 12(b)(6) motion, a complaint must include sufficient “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Dismissal is appropriate when the plaintiff has failed to allege “enough facts to state a claim to relief that is plausible on its face,” including when the complaint does no more than provide “labels and conclusions” or a “formulaic recitation of the elements of a cause of action.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007).

We conclude that the district court erred in applying a heightened pleading standard to Randall's complaint. After Iqbal it is clear that there is no "heightened pleading standard" as it relates to cases governed by Rule 8(a)(2), including civil rights complaints.

"a short and plain statement of the claim showing that the pleader is entitled to relief."

To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." Twombly, 550 U.S. at 570. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal,556 U.S. 662, 678 (2009). Although "[t]he plausibility standard is not akin to a `probability requirement,'" the complaint must demonstrate "more than a sheer possibility that a defendant has acted unlawfully." Id. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. Twombly, 550 U.S. at 556. After Iqbal, which applied the Twombly pleading standard in a civil rights/qualified immunity context, "there is no longer a `heightened pleading' standard in `cases governed by Rule 8(a)(2), including civil rights [cases]' under § 1983." Saunders v. Duke, 766 F.3d 1262, 1266 (11th Cir. 2014) (quoting Randall v. Scott, 610 F.3d 701, 710 (11th Cir. 2010))

Dr. Mark Hayden appeared chipper on the morning of his arrest. He now seeks release from the Jefferson County Jail

At the heart of the controversy is William B. Cashion, an 84-year-old businessman (he probably is 87 now) who is co-founder of Bessemer-based Western Steel Inc. (WSI) and a shareholder in several other Alabama corporate entities. In 2007, while in the midst of a divorce, Cashion executed a durable power of attorney, designating his nephew, Dr. Steven Mark Hayden, as his agent and attorney-in-fact.

Cashion remarried in 2008, and his new wife, Frankie B. Cashion, states in court documents that her husband became obsessed with investments in Alabama gold mines that supposedly were to generate large sums of revenue. Mrs. Cashion states in an affidavit that her husband invested almost $7 million in the gold-mining project before she was able to stop him."He is at risk of selling interest in his fraudulent gold mine to other investors which would be based on fraudulent assays. . . . , " Mrs. Cashion states. "His family, friends, and business are being harmed by his poor judgment."

In 2011, Dr. Steven Hayden used his authority as power of attorney to form the William B. Cashion Nevada Spendthrift Trust (WBC Trust), and all of Cashion's stock in WSI was transferred to the Trust. Angela Rae Hayden, Steven Hayden's wife, serves as trustee of the WBC Trust, and the Haydens live in Wetumpka, Alabama, where he practices family and emergency medicine.

They want me locked up indefinitely because I will not provide documents of the Cashion Family Trust.  

"Courts have an `inherent power . . . to regulate the activities of abusive litigants by imposing carefully tailored restrictions under the appropriate circumstances.' Cotner v. Hopkins, 795 F.2d 900, 902 (10th Cir. 1986). While those conditions may be `onerous,' they `cannot be so burdensome, however, as to deny a litigant meaningful access to the courts.' Cotner, 795 F.2d at 902.

Bill Pryor, from badpuppy.com

Donald Trump has reportedly narrowed his Supreme Court choices down to two candidates: Seventh Circuit Court of Appeals Judge Diane Sykes and 11th Circuit Court of Appeals Judge - and former Alabama Attorney General - William "Bill" Pryor.

The two judges have emerged from a list of 20 possible replacement for late Justice Antonin Scalia, CNN reported. Trump transition aide Jason Miller would not confirm the report, only saying the Supreme Court vacancy is "actively being discussed."

"The President-elect, he had previously put out a list of 20 very qualified individuals from which he would select. I know that they have continued to narrow that list down," Miller said. "He himself has said that's probably a shorter list of five or six folks that are near the top of that, that's being narrowed down to. And again, but this is another one where it's an absolute utmost priority, so we need to make sure we get this one right."

Judge Bill Pryor

Pryor, 54, is a Mobile native and Tulane Law School graduate. He served as Alabama's Attorney General from 1997-2004, becoming the youngest state AG in the U.S. In 2005, Pryor was nominated by President George W. Bush to the U.S. Court of Appeals and was appointed after a contentious hearing with the Senate Judiciary Committee.

Pryor was eventually confirmed on a 53 to 45 vote after a brokered deal between Republicans and Democrats.

Pryor, a staunch conservative, called Roe v. Wade, the 1973 decision making abortion legal, the "worst abomination in the history of constitutional law."

The 54-year-old Tulane Law University grad sits on the 11th Circuit Court of Appeals.