Troy King's Other National News Story

Over the past several weeks, Troy King has tried his hardest to get his name in the news, and not just any news--the national news. By now, a lot of us have heard about his big conversation on NBC about the Gabe Watson case. Kudos to Troy for getting his own way to visit the Big Apple; I guess he could take off from fighting crime in Alabama today.

Of course, Troy King made some other national news this week, this time coming from Washington. The Washington Times had an interesting editorial today on the impact of trial lawyers in Alabama politics. You can read the story here: http://www.washingtontimes.com/news/2009/oct/20/alabama-clips-trial-lawyers/

This, frankly, is yet another sad story in the long set of stories about these private contracts. In case you're not familiar with my posts on the subject, here is the gist of the problem. A state is wronged by a particular corporation, and they decide to sue the corporation for damages. Well, this has become increasingly common. Conservatives have long opposed this, because it means in many cases that the government is actively trying to sue private corporations, and it can lead to excessive lawsuits. Basically, if I'm a poor state with a budget shortage, what better way to gain needed funds than by taking on a private business? The AG's office can then sue, and they can choose to have some of their own attorneys handle the case, or they can hand the case off to private attorneys who take on the case for a share of the winnings. Troy King has done this on Medicaid fraud in Alabama.

The problem is that this has NEVER ended well, when these private attorneys have been used. Let's face it--the AG is a LEGAL officer, meaning that he has clear ties to the LEGAL community. That community can contribute funds to his campaign in order for state business. This has caused problems in Georgia, West Virginia, New York, and a handful of other states which have applied it. Now, Alabama joins the crowd. It has also been criticized by conservative scholars at the Federalist Society as well as Judge Bill Pryor, a former GOP Alabama AG.

Troy, unfortunately, has failed on both counts. First, it appears that his lawsuits have been excessive, tackling private industry in an economic crisis in an attempt to put money in the state general fund. At least, that's what the Alabama Supreme Court (a pretty darn conservative body) thought when they ruled 8-1 to dismiss hundreds of millions of dollars in jury verdicts. Additionally, Troy King has given these contracts to liberal trial lawyers who supported his campaign. In return, the liberal trial lawyers get lucrative contracts worth millions of dollars.

The Times story tries to track Troy King's contributions, but they are shady, in part due to Alabama Political Action Committee law. Basically, I can choose to give to a candidate as an individual or through a political action committee. As an individual, I go on the record, and anyone can see who I am. However, PACs are much shadier, because members donate funds to remain anonymous. In Alabama, actually, it's an all-out shell game. If I am a rich trial lawyer, I would give my money to a PAC, which would then give money to another PAC, and then another, and finally another PAC would then get the money and cut a check to the AG. By this time, the money is almost impossible to trace.

I've looked at some of Troy King's contributions, and there are certainly some interesting correlations. For instance, in late September 2006, Beasley-Allen law firm wrote two checks totaling either $4900 or $5000 (depending on how you read the sloppy handwriting on the documents) to the Free Enterprise PAC. Less than two weeks later, King's campaign received a $5000 contribution from that PAC. Another example is the Home Care PAC. On October 4, Beasley Allen contributed $10,500 to the PAC. Just over a week later, Troy King received a $7500 donation from the PAC. Over the course of a campaign, many candidates receive literally hundreds of PAC contributions, and it is difficult to track them on. However, as the story points out, there are some very interesting correlations.

Kudos to the Times for looking into this issue.