Rebekah Mason and husband, Jon Mason (From facebook.com)

The cards are stacking up against embattled Governor Robert Bentley, who is finding he has fewer chips to use with each round of play.

. . .  according to multiple sources IAP spoke with, the question to be considered is: If Bentley is impeached, does it put him in double jeopardy against any criminal charges he may face subsequently? The U.S. Constitution protects Bentley from twice facing legal jeopardy for the same offense. However the most extreme punishment Bentley can face with impeachment is removal from office, whereas if he is convicted in court of a felony he could also face jail time.

Other sources in close proximity to this fiasco have told IAP that it is practically a given Bentley will face indictment of criminal charges as a result of grand jury proceedings. If that is true, Bentley may find it a more judicious use of money to pay for legal defense from criminal charges and resign from office before he is impeached. But will he?

Speaking to reporters in Birmingham, Bentley said he had "no intention" leaving before the end of his second term.

"I have no intention of not doing what God has called me to do and that is serve the people of this state," Bentley said in remarks reported by WBRC.

"I have done absolutely nothing," he continued. "All I have done is serve the people of the state of Alabama. I can assure the people of Alabama I have never done anything illegal. I have never done anything unethical. My story has not been told."

Robert Bentley

On April 5, the Alabama Ethics Commission will hold a meeting to discuss the direction of the investigation of Gov. Robert Bentley. What is also expected is secret grand jury type testimony from witnesses as to the allegations of impropriety by Bentley.

Sources tell IAP that several witnesses may be called to testify about what they know concerning Bentley’s misuse of state resources in his alleged affair with advisor Rebekah Mason and whether he broke campaign finance laws.

The Alabama House of Representatives Judiciary Committee voted in early March to continue the investigation of impeachment articles against Bentley. The Judiciary Committee voted to direct special counsel Jack Sharman to resume the investigation after it was sidetracked by then Attorney General Luther Strange. . . .

What is also being overlooked is that the state is picking up the tab for legal work on both sides of the probe. Special Counsel Jack Sharman, according to some reports, will take in nearly $350,000 for his work and Gov. Bentley’s attorney Ross Garber could make around $100,000…all taxpayer funded.

Should the Ethics Commission vote to bring charges it will likely start the process of removing Bentley from office.

Dr. Randy Brinson (From talkingpointsmemo.com)

“We are going to target our anti-corruption message against The Governor, Senator Luther Strange, the remnants of Speaker Hubbard’s Machine and any other politician who thinks they are above the law,” Brinson said. “We have a message, it is this: we are not going to take it anymore.”

The organization says it has an over one-million-person email list in the state alone, with over 300,000 engaged members. This is the reason the organization believes it is built for this type of voter education program.

“We were founded in 2003 to help engage the evangelical community and register them to vote, and we did so in unprecedented numbers,” Brinson said.“Many of these same voters who rejected the corruption of Hillary Clinton and propelled President Donald Trump into office are unaware of the rank corruption polluting Alabama’s highest offices. We intend to make them aware.”

Redeem the Vote plans to initiate modern public awareness through advertising and outreach campaigns based on targeted digital communications on TV, radio, mail, and phone calls. They will also couple this with person-to-person outreach in the faith community.

“We are going after people of faith who feel like they are being disenfranchised because of the dishonest, double-dealing and backroom decisions being made by our public officials.”

March 14, 2017

Plans to spotlight past state corruption being organized

Sources close to IAP tell us that a ‘large scale citizen powered organization’ is launching an Independent Expenditure campaign in the very near future aimed at highlighting corruption at all levels of government in Alabama.

The focus will be educating voters about the numerous scandals that has rocked the pillars of government from Speaker of The House, to Governor, US Senator, Chief Justice and Attorney General.

“I think many of those associated with Alabama politics will know the names associated with this project,” the source told IAP. “This project will spotlight how corrupt state government has been the last few years. We expect to see this rolled-out in the very near future.”

They plan to identify, organize and turn out anti-corruption voters focusing on current and future elected officials and holding them accountable for their actions.

Stay tuned . . .

Deputy Debi Wade (From facebook.com)

I heard noise outside our apartment and looked out the peephole to see what was going on. We had filed a notice of appeal the day before, with appropriate fees, and we knew that put an automatic stay on the eviction. I knew there was no way, under the law, that anyone could be attempting an eviction. When I heard noise outside, I thought we had a possible prowler or someone attempting a home invasion. That’s why I looked out the peephole, and I had my cell phone in my hand, thinking I might need to call 911 any moment. Next thing I knew, the door was thrown open, and I was slammed up against the wall, behind the open door, hard enough to possibly cause a concussion. My glasses were knocked off, the cell phone was knocked out of my hand, and I was disoriented. But I never caused physical contact with Officer Lynn or anyone else on 9/9/15. While I was facing the wall, someone (I assume it was Officer Lynn) grabbed both of my arms, pulled them behind my back and placed them in handcuffs. As Lynn was applying the handcuffs, he caused my head to bang against the wall another 2 or 3 times. Also, someone put his hand on top of my head, as handcuffs were being applied, forcing my head violently into the wall several more times. Once in handcuffs, I wasn’t capable of pushing anyone, and I did not do so. I did not push anyone before being placed in handcuffs, either. I would be glad to file an affidavit if the court deems it necessary. If Jeremy Lynn is the officer I think he was, he’s a large fellow – maybe 6-4 or 6-5 and 270 pounds or more. The notion that I would push him is absurd.

I did not take off on a dead run for the door, and Officer Wade did not help me put items in our car. I did that on my own. Officer Wade already was at the front of the residence, so she did not jog up behind me, and I did not pivot and barrel into her head first. I wear glasses, I have scoliosis, and I have never been in a physical encounter with anyone. The notion that I would “barrel into” Debi Wade, likely breaking my glasses and injuring my neck and back, is nonsensical. I did not initiate contact with Officer Wade, and I do not recall her making contact with me.

Kathleen Green Robertson (From youtube.com)

Robertson holds a B.S. in political science from Auburn University and a law degree from the University of Alabama School of Law. She began her career at the US Department of Justice in the Office of Intergovernmental and Public Liaison where she assisted in fostering relationships between the Department and State and local Law Enforcement. She later worked for US Senator Jeff Sessions (R-Alabama) as legislative counsel on the Senate Judiciary Committee, handling matters related to crime, drugs and national security. Robertson said that that experience that instilled her passion for constitutional and criminal law. Robertson recently returned to Washington to serve Sessions throughout the process of his confirmation to become Attorney General of the United States.

Steve Marshall (From alreporter.com)

John Ehrlichman (From historycommons.com)

Today, I welcome John Ehrlichman as my new chief counsel. Mr. Ehrlichman comes to us after serving in the administration of President Richard Nixon. Mr. Ehrlichman has enjoyed a distinguished career, especially if you don't count the fact he created "The Plumbers" and played a key role in the Watergate cover up. Mr. Ehrlichman won't be able to join our office immediately. First, he will have to serve one to four years in federal prison. But once he's out of the slammer, I'm sure he will do a splendid job as chief counsel. After all, he's associated with Richard Nixon, who has been one of our finest presidents -- if you don't count his various pathologies, plus the paranoia and dishonesty that were central to the Watergate scandal. Richard Nixon . . . what a swell guy! And I can say the same thing about John Ehrlichman!  

Dr. Keron Vickers; his wife, Tracey; and their children (From facebook.com)

Dr. Vickers has been practicing in Birmingham for 17 years, where he is very active in the community. He has served on the Irondale Chamber as a member and past Vice President. Dr. Vickers is currently one of the official chiropractors for the Alabama Ballet and one of the founding members of Team Chiropractic, which is group of local chiropractors in the Birmingham/Gadsden area who are dedicated to help educate and adjust as many families as possible as well as achieve optimal health using natural chiropractic care. He and his family attend Asbury United Methodist Church located in Inverness. He is an active sponsor of the surrounding high schools treating many of the athletes. Dr. Vickers is an avid golfer and has completed the 2011 Rock n Roll Savannah Marathon.

Robert Bentley: "Slimy guy," in what should be Alabama's Image of the Year. (From Mickey Welsh, Montgomery Advertiser)

The decision adds to Bentley's legal ordeal over allegations about his personal and professional relationship with former staffer Rebekah Caldwell Mason, charges that could lead to his removal from office. The House Judiciary Committee could begin impeachment hearings against Bentley next week, and the committee's special counsel should file an investigative report on the governor by Friday. The Alabama attorney general's office is also investigating Bentley, though it's not clear if that probe relates to the Mason charges or another matter.

Several media outlets--bloggers and radio talkers--this morning cited "sources" as they reported that Gov. Robert Bentley has without question had an affair with a female staff member, a torrid love cuddle that caused the governor's wife of a half century, Dianne Bentley, to file for divorce and ask for everything the guy ever made.

All they offered was "sources." Not proof or fact or anything more than smoke.

Despite no claim of infidelity in the divorce papers, the rumor traveled across platforms such as talk radio, Facebook, Twitter and in some blogs of dubious credibility purporting the unsubstantial rumor as fact.

In her filing Dianne Bentley never alleged infidelity on the part of her husband. But once the filing became public on August 28, online blogs -- some discredited in courts of law and others with dubious histories - were almost instantly filled with unsubstantiated rumors of an extramarital affair between Bentley and a senior advisor. . . .

If Bentley, most Alabamians and even Montgomery insiders were shocked by the news, a handful of bloggers didn't seem to be surprised. Within hours of the painful news, blogs rolled out posts featuring far-fetched stories with highly implausible details about the alleged affair.

What they did not roll out was any proof.

"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.

Heather Hannah (From linkedin.com)

Governor Bentley directed law enforcement to advance his personal interests and, in a process characterized by increasing obsession and paranoia, subjected career law enforcement officers to tasks intended to protect his reputation.

The first evidence of this obsession occurred in the Spring of 2014 and involved Heather Hannah. At the time the recordings were made, Hannah was just a few months shy of her departure from Ms. Bentley’s staff, which occurred after the Republican Primary in June. As Hannah describes it, Governor Bentley blamed Hannah for the existence of the tapes because he believed there was no possible way Ms. Bentley could have made them without her help. As the existence of the recordings became known, Hannah began to hear through other staff members and officials that Governor Bentley perceived her as problematic due to the existence of the recordings.

Hannah testified that Governor Bentley’s suspicion of her was so great that he personally confronted her on two occasions at the Governor’s Mansion. One confrontation took place in front of a wall of refrigerators in the kitchen of the Mansion. Governor Bentley pointed his finger in Hannah’s face and threatened, “You will never work in the State of Alabama again if you tell anyone about this (the affair).” Hannah relates that she was not intimidated by this encounter but believes intimidation was Governor Bentley’s intent. She described his demeanor as angry and that he was speaking to her in a loud tone of voice.

The second Bentley confrontation of Hannah occurred shortly thereafter when she came face-to-face with Governor Bentley in the parking lot of the Mansion. Then, Governor Bentley confronted her about his suspicion that she had bugged his office to listen to conversations between him and Mason. Hannah relates that Governor Bentley warned her to “watch herself,” that she “did not know what she was getting into,” and that because he was the governor, people “bow to his throne.”

In June 2016, Heather Hannah provided deposition testimony to the Alabama Ethics Commission regarding her knowledge of the Bentley-Mason relationship. In that same month, she was the victim of two separate incidents of vandalism at her residence. She related that the first incident occurred before her testimony to the ethics commission and the second occurred shortly thereafter. Both incidents were reported to law enforcement after the second incident . . . 

Within a few days of Hannah’s deposition, she believes on or about June 6, 2016, Hannah was outside of her new home watering plants when she heard what sounded like her bushes rustling. Unsure of the source of the noise, she walked to the front of her house where she noticed “scribbles” on the windows of her vehicle. She stated that at the time she could tell the scribbles were some sort of writing, but she had difficulty reading it. She took photographs of the writing on her windows, and it showed up much clearer in the pictures. Hannah provided the two pictures to Special Counsel, which are attached to this report and contained in Exhibit 9A at 217-218. The first photograph is of writing on what appears to be the driver side windows of her vehicle, and it appears to read, “Bitch Die.” The second photograph is of writing on the windshield, and it appears to read, “You will fucking die.”

On June 15, 2016, Hannah was at her home preparing for bed. She turned off the light in her kitchen and was walking to the back of her house when she heard the sound of breaking glass. She walked back to her kitchen where she believed the sound originated and saw a rock lying on the floor. She also observed a broken panel in a large window on the front of her house. Hannah immediately called the police, who came to her home and took a police report at twenty minutes after midnight. At that time, Hannah also advised the officers of the vandalism of her vehicle. The police report reflects that Hannah told the officers at the time that she believed both incidents were related to her recent deposition.

Hannah testified during her deposition by Special Counsel that she believed both incidents were related to her testimony before the Alabama Ethics Commission. She based that belief on two facts. First, she could recall no personal or business conflicts outside of her service in the Office of the Governor. Second, her residence was located in a Birmingham suburb with an exceptionally low crime rate. It is also important to note that she had recently moved to the residence, and to her knowledge, her address had not been officially changed. However, she had sent a text message to a number of friends, updating her address. She stated that the distribution list of her text would have included friends with “pretty strong connections to the capital.”

Ray Lewis

"I have done nothing illegal," the governor said. "If the people want to know if I misused state resources, the answer is simply no, I have not."

When Lewis arrived at the Capitol, Governor Bentley met him at the door to his office and seemed to Lewis to have been crying. Lewis went into the office with Governor Bentley to see Rebekah Mason, who also seemed to have been crying. Governor Bentley told Lewis that Ms. Bentley thought he and Mason were having an affair and that someone had made an audio recording of him and Mason talking on the phone. Governor Bentley thought his son, Paul, had the recording. Governor Bentley asked Lewis to go to Tuscaloosa to meet with Paul and to try to get Paul to hand it over.

Lewis recalls that he responded to Governor Bentley: “[A]re you telling me this is true, the affair is true?” Governor Bentley admitted the affair to Lewis and told him there were things on the recording he would not want anyone to hear.

Governor Bentley then sent Mason out of the room and asked her to wait in the Lieutenant Governor’s conference room on the second floor of the Capitol. With Mason out of the room, Governor Bentley and Lewis discussed the situation. Lewis says he expressed to Governor Bentley that the affair was wrong and had to end. Lewis says he told Governor Bentley that the affair would be an embarrassment to him, his family, and the State of Alabama. Governor Bentley agreed with Lewis. Lewis was disappointed and “shocked” by the realization that Governor Bentley had had an affair with Mason. Governor Bentley was embarrassed and asked Lewis to go upstairs to meet with Mason and end the relationship.

Lewis left the Lieutenant Governor’s conference room and immediately drove to Tuscaloosa, on Governor Bentley’s orders, in his state vehicle, to try to retrieve the tapes from Governor Bentley’s son, Paul Bentley. Lewis called ahead, and Paul invited him to his office. When Lewis arrived, he asked Paul if he had the tapes. Paul replied: “Yes, and you ain’t getting it.” Paul told Lewis that he could not bring himself to listen to the full recording, but that his wife Melissa had a copy.

Lewis reported the results of his Tuscaloosa mission to Governor Bentley over the phone and told him that the tapes existed.

In that same phone conversation, Governor Bentley told Lewis that Rebekah Mason was just not getting it and directed Lewis to drive to Gulf Shores in the morning to break up with her again. He instructed Lewis to leave early so that he could reach Mason before her husband arrived. Lewis prepared to depart on the mission in his state vehicle the next morning, but Governor Bentley called him and told him not to go. Lewis cannot remember for certain whether he had already departed on the mission when Governor Bentley called him off.

Corporal Nance Bishop of ALEA recalls that relatively early in the re-election campaign of 2014, he was asked to perform a sweep of Rebekah Mason’s personal vehicle for bugs or listening devices. Bishop could not recall specifically who made the request, except that it came from a group of Governor Bentley’s officers that included Collier and Stabler. Bishop refused the request because it was campaign-related and not related to government work.

Ray Lewis says that Bishop told him about this request soon after it was made. Lewis said he discussed this request with Bishop because, at the time, “everybody was concerned about what was going on” with Rebekah Mason.

Rebekah Mason ceased to be an employee of the Office of the Governor in July 2013 when she began working for Governor Bentley’s re-election campaign. She did not surrender her security credentials for access to the Capitol, however, as other staff members were required to do upon transitioning to the campaign. Ray Lewis testified that he is not aware of any other staff member who was permitted to retain security access in this way.

Furthermore, it was Lewis’s understanding that Mason, after leaving the employ of the State, could not accompany Governor Bentley on official transportation, including flights on State planes or movements in State vehicles. Lewis frequently found himself in the awkward position of addressing this with Governor Bentley.

Lewis says he told Governor Bentley several times of the need to keep Mason’s movements separate from Governor Bentley’s official movements, and that he could not provide security services to non-state personnel. Lewis testified that Governor Bentley indicated that he knew and understood this. In fact, Lewis testified, this rule was consistently applied to others, like Zach Lee, who had left the Office of the Governor for the campaign. . . .

Nonetheless, on multiple occasions, and with a frequency that increased as the relationship between Governor Bentley and Mason grew, Lewis found himself overruled by Governor Bentley. Lewis recalls one occasion when he instructed Governor Bentley’s Director of Scheduling Linda Adams, while planning for a trip, not to put Mason on the State plane. Later that day, Governor Bentley called Lewis and ordered him to put Mason on the flight. Lewis recalls telling Governor Bentley: “Sir, I disagree with that, but you’re the governor and I will respect your wishes.” Lewis believes this conversation was the beginning of the deterioration of his relationship with Governor Bentley.

In 2014, Bentley for Governor, Inc. leased a plane from a company based near Atlanta. Lewis testified that Governor Bentley told him that he had leased the plane so that Mason could travel on it. The company used private pilots, and Lewis was limited in his ability to vet them. For State recordkeeping purposes, Linda Adams attempted to find out and document basic information about flights that Governor Bentley took on the leased campaign plane. Governor Bentley has not made any of these records available.

On August 4, 2014, the day before Lewis and Collier confronted Governor Bentley about the tapes (described in detail below), Governor Bentley told Lewis and other staff members that he wanted Mason on the leased plane with him. Lewis recalls Governor Bentley telling him: “She’s needs to be able to do her job, so she will be on the airplane.”

Lewis was becoming increasingly worried during this period that he would lose his job because of Rebekah Mason. He looked back with the benefit of hindsight on the occasion when Governor Bentley had asked him to confront the female staff in Governor Bentley’s office for gossiping about an affair that (Lewis now knew) had actually been happening. Lewis realized that Governor Bentley had used him as a tool and that he could not trust Governor Bentley. Lewis said: “[A]fter seeing how the governor was dealing with his family situation and he really didn’t care what Ms. Bentley thought or anybody else thought, I knew that if I were putting people on the plane like Ms. Mason, that I felt like he wouldn’t take responsibility for it. He would simply say I didn’t do that, Ray Lewis did it." Lewis testified that it was for this reason that he began making a record of daily events in his personal calendar.

Bentley said he had struggled in recent years, admitted he had made mistakes and apologized. He did not go into specifics.

"Once again, let me say to the people of this state how sorry I am to all of our people," Bentley said. "To all of you. There's no doubt that I have let you down. But all I ask is that you continue to pray for me and I will continue to pray for you."

Bentley repeated what he has said before, that he believes he is doing a job God called him to do.

"My motivation is to do what I truly believe God called me to do," Bentley said. "That's to work hard and to serve our state and to serve and love the people of this great state of Alabama. God bless them and may God bless this great state as I continue to try to serve in the way that God has placed me in this position."

Heather Hannah (From linkedin.com)

The recording came about through Ms. Bentley’s collaboration with her chief of staff Heather Hannah. Ms. Bentley had asked Hannah to help her make a recording that she could use to “catch” her husband and Mason in their affair. They had discussed various options, including ordering a miniature recording device over the Internet. That thought was dismissed, primarily due to concerns with having the device securely delivered to Ms. Bentley. Ultimately, Ms. Bentley came up with the idea to use her cell phone’s recording feature but asked Hannah to show her how to operate it.

Ms. Bentley made several efforts to capture Governor Bentley on the phone with Mason at the Mansion, but those efforts failed. The successful recordings were made during the Bentleys’ trip to their beach house in March 2014. Ms. Bentley captured the first of two recordings by turning on the phone’s recording device, placing it in her purse on the sofa, and then announcing to her husband that she was taking a long walk on the beach. Promptly upon her departure—within approximately 59 seconds—Governor Bentley was on the phone with Mason.

The conversation begins with discussions of the weather but quickly moves to capturing Governor Bentley agreeing to extended commentary by Mason. Of particular note, prior to the conversation becoming more intimate in nature, is an extensive discussion about moving Wanda Kelly’s desk and rearranging the office. About halfway through the conversation, Governor Bentley engages in the now infamous monologue about how much he enjoys feeling Mason’s breasts and their need to lock the door to his office when engaging in certain activities.

Shortly after the August 5 intervention, Governor Bentley told Secretary [Spencer] Collier that he believed Heather Hannah had been responsible for making the recordings. He ordered Collier to find out whether there were criminal statutes that applied to Hannah’s suspected activity. He told Collier to be prepared to arrest Hannah if the tapes were released publicly. Collier went to his ALEA counsel, Deputy Attorney General Jason Swann, gave him a factual hypothetical about covert recording, and asked him to research the law to determine the applicability of any criminal statutes to the hypothetical. Swann provided Collier with copies of the relevant eavesdropping statute and discussed the law with him. Sometime later, Collier confided to Swann that the research he had asked him to do related to Governor Bentley and said “we’re looking into it.”

Governor Bentley and Secretary Collier told Lee that the person they suspected had planted the recording device was a young woman who had served as Dianne Bentley’s assistant. They suspected that the young woman, as well as members of Governor Bentley’s family, might be in possession of the tapes. They also mentioned that Collier had paid a visit to a woman about the tapes on the night of the election. Bentley and Collier wanted Lee’s opinions about opening an investigation into the matter. . . .

Dianne and Robert Bentley (From wbrc.com)

After Lee told Bentley and Collier that he would insist on seeing any investigation through to its conclusions, he was not asked to proceed with the investigation.

(a) A person commits the crime of installing an eavesdropping device if he intentionally installs or places a device in a private place with knowledge it is to be used for eavesdropping and without permission of the owner and any lessee or tenant or guest for hire of the private place.

Gov. Robert Bentley's mugshot (From wkrg.com)

Due to Governor Bentley's resignation, the work of the impeachment committee is no longer needed. We are adjourned.

Gov. Robert Bentley (From Mickey Welsh, Montgomery Advertiser)

Bentley pleaded guilty to two misdemeanor charges. But the stakes are too high for the pursuit of justice to stop here. This impeachment investigative report creates as many questions as it does answers.

It implicates many people in Montgomery beyond the governor. At times, it seems like everybody knew everything but nobody did anything.

Allegations were made in the report that many surrounding Bentley were complicit in the cover up.

They too should be held accountable for their actions. We know from the commission report Bentley, Mason and others refused to cooperate with the investigation. Subsequently, we still do not know the extent to which their alleged actions constitute criminal behavior. What more would we learn from their private messages and emails?

LAW, POLITICAL PARTIES and RACE -- ALABAMA STYLE: Bentley got probation and his side piece got protected. That's how this works and has been this way for generations.

The GOP protected their own even in the face of sex, thievery, lies & nationwide embarrassment. Robert Bentley will remain free WITH A MISDEMEANOR while other politicians similarly situated received prison sentences and NEVER had an offer of probation. There was enough evidence on Bentley that a 13-year-old could take this case to trial and win. There was no need for a plea, except to protect him and his beloved boo-thang.

They claim justice is blind but we know better. It sees color, political party affiliation and the ties that bind them all together.

I am done with this foolery.

Governor Bentley's failure to cooperate with the Committee’s investigation is potentially an independent ground for his impeachment. The Legislature is a coequal branch of government. The executive branch cannot ignore or treat in a cavalier fashion its constitutional duties, one of which is to participate fully and in good faith with the discharge of the Legislature’s constitutional duties. In this context, a “failure to cooperate” can either be direct – as in Governor Bentley’s refusal to respond to the authorized document requests of Special Counsel, to the Committee’s subpoena or for requests for testimony – or it can be indirect, as by using litigation tactics to delay and frustrate the Committee’s attempts to get the facts.

In his submissions to the Committee, Governor Bentley claimed that the Committee’s subpoena “attempts to subvert the attorney client privilege.” As counsel to the Office of the Governor has noted elsewhere, “public sector lawyers should keep in mind that they might someday be subpoenaed to testify about the substance of conversations with their clients.” Looking to the federal courts for guidance, in disputes arising from the Whitewater matter involving President and Mrs. Clinton, government lawyers were obliged to produce what might otherwise be reasonably construed as material protected by the attorney-client privilege.

Despite requests, Governor Bentley failed to provide the Committee with a log of redactions made to documents produced and failed to offer any justifications for the redactions.

Despite multiple witnesses stating that Governor Bentley has consistently used three cell phones, Governor Bentley provided no documents responsive to the Committee’s request for a list of his cell phones or mobile devices. . . . The Committee noted that the document labeled OTG009338 (Ex. 5-CC) is a cover page for a selection of text messages from a phone that is referred to as “Governor state phone.” At a minimum, Governor Bentley’s “state phone” was in the possession, custody or control of the Office of the Governor.

Governor Bentley has similarly claimed that the Committee’s request for a copy of Rebekah Mason’s email account . . .  “seeks production of information that is outside of the possession, custody or control of the Office of the Governor.” However, the documents he produced to the Committee indicate that Rebekah Mason was in fact assigned a State email account. . . .

Rebekah Mason’s State email account is in the possession, custody or control of the Office of the Governor, and responsive emails should have been produced.

The Committee subpoenaed information related to the email accounts used by Governor Bentley. Governor Bentley objected that the request “seeks information outside the possession, custody or control of the Office of the Governor.” He continued: “As has been reported in the press, the Governor does not maintain a State of Alabama email address.”

Governor Bentley’s statement appears to be inconsistent with emails that were included in the documents produced. Those emails show that Governor Bentley routinely used his “comcast.net” email address to send and receive official State communications, including emails marked “Law Enforcement Sensitive.” This portion of the investigation is relevant to the Committee’s inquiry. As illustrated by the FBI investigation of former Secretary of State Clinton during the recent presidential campaign, the use by senior executive branch officials of private or undisclosed email accounts for official or sensitive information can raise significant concerns. Governor Bentley’s email accounts should have been identified and responsive emails produced.

The Committee subpoenaed information related to Rebekah Mason’s visits to the Governor’s Mansion or to Wynfield Estates Governor Bentley objected that this request is “overly broad, unduly burdensome and harassing.” However, a simple electronic search of the access logs for those facilities would easily yield the requested documents and information.

Governor Bentley provided invoices from RCM Communications, Inc. to Bentley for Governor, Inc. for only five months: January, February, and December 2015, and January and March 2016. Public records show that Bentley for Governor, Inc. paid Mason throughout 2015, after the campaign was over. In addition, Mason has stated publicly that she was paid by ACEGov in 2015. The Committee sought, without success, (1) the complete set of invoices for the period of time requested and (2) all other documents related to Mason’s compensation.

Governor Bentley produced the publicly available “State Aircraft Usage” documents for January 2015 through August 2016. However, he has also produced a chain of internal emails . . . that indicates that members of Governor Bentley’s staff routinely review and amend “flight log records” before they are “post[ed] to the Governor’s website.” In fact, the documents labeled show after-the-fact red-line edits that were made to the State Aircraft Usage document for the Fourth Quarter of 2015 before it was made public. Such documents and communications were clearly comprehended by the Committee’s request but were not provided.

On October 24, 2016, the Committee, through Special Counsel and pursuant to Amended Committee Rule 6, sent to the Office of the Governor notices for the transcribed testimony under oath of Governor Robert J. Bentley, Zach Lee, Wesley Helton and David Byrne. Despite follow-up requests, the noticed persons have declined to testify.

Patti Jackson Austin (From facebook.com)

I'd like to welcome you in advance to the Alabama Gulf Coast! A little bit about me! I began my real estate career in Ocean Springs, MS in 2005 and worked with all types of buyers and sellers along the Gulf Coast and in Hattiesburg, MS. I grew up vacationing in Orange Beach, AL and had the pleasure of bringing all 5 of my children to vacation here as well! What an amazing experience for them. I have relocated to the Eastern Shore in Baldwin County, AL permanently and started my real estate career back in full swing with the Jason Will Real Estate Team.

The area is vibrant and beautiful from historic Mobile Bay to the sugar, white sands of Orange Beach. Baldwin County has so much to offer at all stages of life that it is world renowned and a destination that is highly coveted and constantly receiving praise and tourists!

State law requires the governor's office to provide flight logs records "for public inspection" with entries to include the dates of departure and return, the destination and purpose of the trip and a manifest of all passengers.

The manifests must be posted quarterly, "on the first working day of the second quarter following the quarter that is the subject of the report," according to Alabama law.

That means reports from January 2017 and the Trump inauguration could be held until June. That's what happened last year during scrutiny of Gov. Bentley's use of state aircraft in the months leading up to his admission he'd made inappropriate comments to then-adviser Rebekah Caldwell Mason. The records for those months were not released until the end of the second quarter - June - showing Mason accompanying the governor and his staff on three trips from January to March.

Rebekah Caldwell Mason

Earlier this year, the Governor's Office declined to release a complete passenger list for those who traveled to Washington, D.C. with Bentley to attend President Donald Trump's inauguration. The manifest covering the Jan. 20 inauguration trip -- which included an unnamed guest of the governor's and Gov. Bentley's alleged mistress Rebekah Caldwell Mason and her husband Jon -- won't be posted until June. . . .

Use of the state plane by the governor -- even on personal matters -- isn't against the law. Alabama's Constitution stipulates that all property belonging to the state, "unless otherwise provided by law," is under control of the governor.

Use of the state plane doesn't come cheap, however.

A Cessna Citation CJ4, the type of plane leased by the state in 2015, can cost as much as $1,900 an hour to operate.

Rachel Maddow and Lawrence O'Donnell (From zimbio.com)

Andrew Kreig (From avvo.com)

Two cable news stars broadcast a repulsive but revealing display of self-promotion Aug. 10 when MSNBC host Lawrence O'Donnell credited fellow anchor Rachel Maddow for coverage prompting the resignation of Alabama's scandal-ridden governor earlier in the day. "You alone," he told her, covered the scandal.

But credit belongs not to the heavily promoted Maddow . . . but to the courageous Alabama blogger Roger Shuler. He has been financially ruined, beaten and jailed for his relentless investigations of top state officials, including the just-departed GOP Alabama Gov. Robert Bentley.

Shuler broke the story of the scandals arising from Bentley's affair with a highly paid state aide, Rebekah Mason Caldwell. . . . Shuler began with a column Alabama Gov. Robert Bentley engaged in extramarital affair that prompted First Lady's divorce complaint on Aug. 31, 2015. He followed with two more such columns over the next two days.

The story of his scoop is particularly apt now because of the awful price that Shuler and his wife Carol have paid for such work. Also, the mainstream media are waging a heavy-handed public relations campaign against bloggers, alternative media and those falling under the smear of "fake news" and "conspiracy theory."

This is the first of several columns we plan about those developments, which are prominent this week in part because of the annual annual announcement of Pulitzer Prizes. The Pulitzers were dominated as usual by winners from the New York Times, Washington Post, and Wall Street Journal in major categories. . . .

But there's much more to journalism than the big outlets. Grassroots practitioners like Shuler across the country do not and cannot spend their scarce income much on application fees to compete in such contests, even in the unlikely event their work would receive serious consideration from the corporate-controlled media that control such recognition.

So, we focus for now on the brave and largely unreported tale of how Shuler, an impoverished blogger in flight with his wife from autocratic Alabama judges managed to bring down his state's governor in the kind of mind-boggling sex, legal and financial scandal whose revelation has become commonplace recently in that state.

Bentley's resignation means the leadership of all three branches of Alabama's state government has been ousted in less than a year because of scandal, including Supreme Court Chief Justice Roy Moore (permanently suspended for refusing to follow U.S. Supreme Court precedent on gay rights that conflict with his understanding of The Bible) and House Speaker Mike Hubbard, arguably the most powerful state official and convicted last June of 12 felonies involving massive graft. . . .

The irony is that Shuler gets virtually nothing for it — hardly any money and very little recognition, and probably many more legal hassles to come — whereas the MSNBC anchors are reported to receive multi-million-dollar annual salaries.

John Archibald discusses Bentley scandal on MSNBC (From msnbc.com)

What's most important about this, however, is not who gets the credit for this particular story. The vital point instead should be greater public awareness that a healthy society depends on the different strengths that independent blogging and mainstream news bring to civic awareness.

Rebekah Caldwell Mason

Zeigler said he filed a report with the state Ethics Commission to determine "whether Gov. Bentley and Mason are using state property in furtherance of their personal relationship, and if they have used their position to interfere with an attorney general's investigation."

In his report to State Ethics Commission Executive Director Thomas Albritton, Zeigler cited the audiotape in saying that it was "apparent that Mrs. Mason and Gov. Bentley have been using state property and resources in furtherance of their personal relationship." He was referring to the governor mentioning that "Wanda's desk" would have to be moved down the hall.

Zeigler also alleged that Mason was violating the law because she has never registered as a lobbyist -- which he claims should have been done if she's being paid by a third party and not the state. If she was considered a state official, Zeigler contended, then Mason would be violating the law by receiving private funds.

"It’s a finding of probable cause, which is one of the lowest legal standards we apply in these cases," he said. "We certainly disagree there was evidence to support a probable cause finding. We definitely disagree there was enough evidence to support a finding beyond a cause of reasonable doubt."

In a letter to State Auditor Jim Zeigler dated Wednesday, Ethics Commission Director Tom Albritton said the Ethics Commission did not find probable cause that Mason violated the Alabama Ethics Act.

Albritton’s letter did not specify the reasons why. It said the Ethics Commission received the results of the investigation April 5, the same day commissioners heard evidence against Bentley.

In the same April 5, 2017, Ethics Commission meeting that resulted in a referral of Bentley’s case to state prosecutors on four felony ethics violations, the Commission also dismissed the case against Rebekah Mason. According to investigators, they could not find any evidence that Mason had misused state property.

They did not look hard enough, if they looked at all. Rebekah Mason operated her public relations firm, RCM Communications, Inc., while working full-time as Bentley’s communications director. Rebekah also conducted RCM’s business from the governor’s office and used state resources to further her private business interests.

Also, Bentley made sure that Rebekah had unfettered access to state trooper transportation, the Governor’s mansion (at all times of the night), the state airplane, the Winton Blount mansion in Montgomery (which was donated to the state), and to any other state resource she needed to make herself fully available to the Governor for his personal and sexual pleasure. After all, Rebekah, in Bentley’s mind, was the real First Lady of Alabama.

The Commission's disposition of Rebekah’s case has the feel and smell of a political “fix”. Through back channels, Bentley apparently signaled that he would resign as governor if no charges were brought against Rebekah and if he could dispose of his felony violations by pleading guilty to two no-jail time misdemeanors. The state caved in and agreed. Bentley’s exit from the governorship played out Monday just as the governor had demanded.

This is why Robert Bentley was smiling in his mugshot. He hoodwinked them all. The only people who were not aware of: (a) the Ethics Commission’s accommodation “fix” of Rebekah’s case, (b) the prosecutor’s “sweetheart” plea deal with the governor, and (c) the “sellout” of the people’s right to the fair administration of justice, were the citizens of Alabama who are thirsty for tough law enforcement in public corruption cases. Once again, they got shafted in this debacle. Nobody gave a damn about their rights as crime victims.

Joseph Siegelman (From wiat.com)

Madeline Haikala

Plaintiff respectfully requests that this Honorable Court (1) issue an injunction ordering Defendant to disclose the requested documents, (2) provide for the expeditious processing of this action, (3) award Plaintiff reasonable attorney fees and other litigation costs incurred by Plaintiff in this action, exclusive of pro bono services rendered, and (4) order any other relief this court deems just and proper.

John Archibald, discussing the Bentley scandal on MSNBC

Peter B. Collins (PBC) -- Maddow gave John Archibald full credit. Archibald himself didn't bother to say, "Well, you know, there was a blogger . . . "

Legal Schnauzer (LS) -- laughing . . . I can't help laughing because I thought of this same scenario.

PB -- Go ahead and laugh all you want, you deserve it. Here's Archibald being treated like a Pulitzer Prize nominee, and he doesn't have the good judgment and generosity to say, "Well, some other people broke the story, and I'm riding on their coattails."

LS-- I've imagined that same scenario -- and knew he wouldn't do it, wouldn't have the integrity to correct Rachel on the air and say, "I have reported on it, but I didn't break it, and my organization didn't break it, and for seven months we tried to squelch it. He said [my story] was "smoke" and "no fire, no facts, no proof." That's what's really galling. He not only didn't break it, he was seven months behind the curve . . .

PB -- And he was carrying water for Bentley!

PB -- My guess is . . . the way these things typically roll, now that [Bentley] has resigned, they will put it in a steamer trunk and bury it. There is no appetite to go further.

LS -- For your listeners who might be football fans, she's the niece of John Hannah, who played for the New England Patriots and many consider to be the best football player to come out of the University of Alabama. . . . Bentley was attacking a member of what might be called "The First Family of Alabama football."Shows how stupid Bentley was. She's a very young woman, but she stood up to [the governor] and is a real hero in this.

LS -- As we read about Heather Hannah's experience, it was like having flashbacks. Bentley was trying to have her arrested, and we were arrested. She had vandalism at her home, which we had in the midst of our problems with the neighbor who has a criminal record. She had a rock thrown through her window, and we had a metal measuring tape thrown through ours. She had death threats written on her car, and we had death threats. 

I thought, "My God, this sounds a lot like what we went through. The big picture is the misuse of law enforcement. This young woman did not do anything like a crime. They were trying to get her on a criminal eavesdropping statute, but Dianne Bentley was the one who placed the recording device. And she had every right to do that, as co-owner of the property. You can put an eavesdropping device in your own home.

LS -- These people, it's like they eat hypocrisy for breakfast. [Bentley] and his wife had been married for 50 years, and that's how the whole story started; she filed for divorce.  . . . I talk about breaking the story, but to be honest, it wasn't a great act of shoe-leather journalism on my part. The minute Mrs. Bentley filed the divorce complaint, I had people -- who I knew were knowledgeable on politics -- calling me. All I had to do was sit there and listen. The story came to me more than the other way around. 

Peter B. Collins

LS --  Yes! I put a worm on my hook, and next thing I know, I started reeling them in. If I did anything right in all of this, these people knew they could call me, and I would listen and take it seriously. You call al.com with a story about a Republican, and they just stick it in the desk drawer.

LS -- "I was astonished when reporting on the Ashley Madison story, how many familiar names I saw . . . "That guy's head of a bank" or "That guy's head of an engineering company. I tracked it down because I know the zip codes -- and the areas of town called Over the Mountain in Birmingham, where people with money and who vote Republican tend to live. 

"It's very two-faced. One of the first things Bentley did, on his Inauguration Day, was to say, "If you haven't been saved by Jesus, you aren't my brother, and I want to be your brother -- something outrageously stupid like that. Everybody thought, "He's a harmless grandpa, how much harm can he do?" Grandpa has impure thoughts, as it turns out."

LS -- I broke the Bentley story on August 31, 2015, and nine days later -- we were living here in Springfield, Missouri, by that time because our house basically had been stolen in Alabama due to a wrongful foreclosure, and we wound up here, where I grew up -- but nine days after I broke the story, we were the subjects of a terrifying eviction that was unlawful. Carol had her arm snapped like a twig, and deputies pointed an assault rifle at my head. You wonder, when that happened so close together, if the Bentley team had something to do with it. It's been reported in several places that Bentley used state and federal criminal databases to look up dirt on me. . . . That's an example of the blow back you can get. These Republicans in the South, it's a lot like organized crime. 

LS -- Usually, prosecutors cut a deal with the lower-level person to get them to testify against a person higher up the food chain. In this case, it seems to be working in reverse. I don't know what will happen with [Mason] or other underlings. But in a real justice system -- which Alabama does not have -- she would have significant legal exposure.

On a personal level, if someone on their behalf targeted Carol and me, we are going to be looking at a lawsuit. And they already are facing several lawsuits.

The big issue with this plea deal is they didn't respond to investigative requests. Hardly any e-mails or text messages were turned over. In the digital world, that's where many crimes now are revealed. They've gotten away with a cover up, so far. 

LS -- We live in a country right now where if you are white and conservative, you get away with stuff. If you are white or black and liberal, watch out. The whole 14th Amendment stuff about equal protection and due process becomes a joke. That's been the theme of my blog for 10 years. 

Paul Bryant Jr. (From Bloomberg Markets)

About a week later, on routine business in Governor Bentley’s office, Governor Bentley asked Adams if Collier had come to see her on election night. She replied: “Yes, sir, he did, and I don’t appreciate it.” Governor Bentley said: “I sent him.” Adams asked Governor Bentley: “Do you not trust me?” Governor Bentley replied: “Oh, no, no, no Linda, it’s nothing like that.” Adams says that Governor Bentley told her that his family was turning against him and that Paul Bryant, Clay Ryan, and Bill O’Connor were “using” him. Adams ended the conversation by telling Governor Bentley, “Governor, there are a lot of people using you.”

Paul Alan Levy (From rcfp.org)

Mr. Levy:

I am a journalist/blogger in Alabama, and I was released from jail yesterday after being incarcerated for five months because of a preliminary injunction in a defamation case. It's all very similar to Dietz v. Perez, and I thought it might be of interest to you. I need legal representation and wanted to see if we could talk. My case has been widely covered in the NY Times, Al Jazeera, Huffington Post and many other news outlets, and even right-wing commenters seem to acknowledge that the injunction without a trial (in fact, without any discovery at all) is wildly unconstitutional.

I would appreciate any insights or guidance you can offer.

Best regards,

Roger Shuler

From what you say, you must be the guy who was enjoined and simply refused to comply with the injunction, and, from what I have heard from others, you were also too pigheaded to accept sound advice. Not a very attractive client for pro bono work!

In any event, we don’t handle defamation cases on the merits at the trial court level, so perhaps it depends what representation you are seeking.

Thanks for your response. I don't think some of your assertions are correct, but I appreciate you getting back with me.

Paul:

A few thoughts come to mind that might be worth making:

* My wife and I never were served with the temporary restraining order, and a lawyer who has seen the file indicated to me the record shows that. It's hard for me to know because the record was sealed until well after my arrest.

* We received notice of the preliminary injunction hearing barely 24 hours before it was to be held. That is insufficient notice under Alabama law, which contemplates notice that allows for calling of witnesses, introduction of evidence, etc.

* I challenged service, which seemed to be the first order of business considering that we received papers during a dubious traffic stop. I was arrested before receiving an order on the motion to quash and before having an opportunity to address the preliminary injunction.

* I assume you are referring to advice I received while in jail, just a few days after being arrested, beaten, and maced in my own home. I hope you can appreciate that meeting with an attorney under such circumstances is difficult. It also was difficult for the attorney. The file was sealed, so he had virtually nothing to review and had to go to the other side to get court papers. Everyone who has seriously looked at the case, from all political sides, seems to agree that the preliminary injunction is unconstitutional, so I was having to seek advice while unlawfully incarcerated. Imagine if Ms. Perez had been hauled into jail, and you'd had to meet with her under those circumstances. It probably would have complicated things for both of you. In my case, I think it's more a matter of being traumatized than being pigheaded.

* Finally, all the evidence I've seen indicates I was arrested on an unsigned warrant. It appears such a warrant is "utterly void" under Alabama law. From Kelley v. State, 316 So. 2d 233 (1975):

Often rules relating to arrest warrants parallel those applying to searches and vice versa. Significantly unsigned arrest warrants have been held void. Oates v. Bullock, 136 Ala. 537, 33 So. 835 (warrant utterly void).

Again, I shouldn't have been having to discuss complex, constitutional issues with a lawyer while incarcerated. It makes for a very uneven playing field. Hope you will find these thoughts worth considering.

Best regards, 

Roger