Wednesday, November 4, 2009
Troy and John McCain: A Match Made in...?
First, I don't think John McCain is exactly who to go to when your "conservative" credentials are being called into question. Many conservatives believe that Senator McCain lost to President Obama in 2008 by refusing to stand up to government bailouts and fight for traditional conservative objectives. He has long been a maverick within his own party, and his substantial loss in 2008 is definitely not a bright spot in the party's history.
Second, it's somewhat ironic that Troy King would appear with Senator McCain over a year after a really interesting interaction with the McCain campaign. As I have expressed before, I don't dabble in idle rumors or gossip. However, last year Troy King was the head of McCain's Alabama Leadership Committee. Then suddenly, the next day, all mention of Troy King's name was removed from John McCain's website. It corresponded with a series of rumors about Troy King's sexual life, along with other scandals relating to ethical violations.
I suppose all is well in 2009, and the difficulties of 2008 have been forgotten, at least in Troy's world. However, in the real world, McCain just brings back bad memories, for conservative Republicans and of Troy King's actions as AG.
Troy's GOP Problem
Perhaps the biggest news last week was the announcement that Senators Jeff Sessions and Richard Shelby were hosting a fundraiser and supporting King's GOP primary opponent, Birmingham lawyer Luther Strange. This is a big surprise, given that top GOP officials are often reluctant to openly endorse candidates in a primary. Sen. Shelby then followed suit by cutting Troy's opponent a $25,000 check.
Now, Troy King has downplayed this. He has noted that he cares more about the people out in front of Wal-Mart instead of in Washington. On behalf of all those Alabamians who frequent Wal-Marts, let me say this: just as we send Troy King to Montgomery, we also send Richard Shelby and Jeff Sessions to Washington. Both of our senators have received the votes of Alabamians because they have represented the conservative issues people care about. Just think for a moment about Sen. Sessions' stands in the Senate against irresponsible immigration reform and in favor of greater fiscal discipline. What about Senator Shelby's work to oppose the federal bailout which was so unpopular throughout the nation? We sent these men to Washington because we respect their judgment. Senator Sessions is himself a former prosecutor and Attorney General of Alabama. He has the experience to understand that office, and he clearly seems to believe that it would be better-served under new leadership.
Troy King can spin the news any way he wants, but he can't spin the fact that this has been one difficult week to be Troy King.
Tuesday, October 20, 2009
Troy King's Other National News Story
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.
Monday, October 19, 2009
Troy King and Victims: Justice for Desta
Well, last week I stumbled on an interesting blog, which you can also visit. It's http://justicefordesta.org, and it is devoted to Desta Dodson-Byrd of Brierfield, Alabama, who was killed on February 25, 1999. Over ten years later, no one has been brought to justice, even though there apparently is a suspect in the case.
The blog published a letter to Troy King on October 2 after his big trip to New York to talk about the Gabe Watson Australia case. The entire letter is worth a read, but I found these paragraphs particularly compelling:
"Mr. King, it's really simple. Yes, it's sad that Watson was so lightly punished, but he was, in fact, punished. And it was done by the authorities who have obvious jurisdiction. You don't have jurisdiction. Not over the Watson case anyway.
But Desta, she was murdered in your fair state, our fair state. And when you were approached just a few months back by people pleading for you to do something, anything, to help find justice for Desta, you didn't even muster up the polite lip-service they'd expected to get from you. Perhaps justice or your concern for it is only for the tv cameras, or maybe there has to be a trip to the big city, the really big city, before you can be too very concerned."
I think these folks understand the situation. There are problems in this state which make it hard for victims of crime to see offenders brought to justice, and those problems should be solved. Perhaps we need more investigators, or we need more crime-fighting technology. These are legitimate priorities, and any AG should make certain that these things are provided for. King, on the other hand, has simply gone to the press conferences and done the tv interviews. Anyone can stand in a suit at a press conference. It takes a true leader, on the other hand, to fight the crime. It's a shame that Troy King has been willing to do the press conferences, without becoming a true leader.
Sunday, October 18, 2009
Ouch! Troy King Lawsuits Exposed
Well, for someone who prides themselves on supporting conservative judges and principles, it must have been a bit of a shock to Troy King to see more than $274 million in these verdicts thrown out by the predominately-conservative Alabama Supreme Court last week. The vote was not even close, as the Court voted 8-1 to throw out the verdicts. This has to be a bit of a rebuke, both of King's conservative principles and for his decision to hire private trial lawyers altogether.
To the first point, King repeatedly prides himself as a conservative. He has trumpeted his support for conservative judges, and he has repeatedly refused to take actions which are arguably constitution and would benefit the state (enforcing gambling laws, ending the process of sheriffs pocketing money for prisoner meals, etc.) because it would supposedly overthrow his legitimate authority. He has regularly said that his role as AG is not to make law, but to enforce it. Some of this may be true enough, but either way, an 8-1 decision against King by the state's highest Court also calls his existing policies into question.
Conservatives have criticized state AGs who have hired private attorneys to engage in these sorts of lawsuits. Now, it appears that this was all for naught.
It's interesting, because this was one of the big reasons Troy King said we should re-elect him in 2010. He has repeatedly trumpeted his work to get this money into the state's General Fund. Now, it appears that this has fallen by the wayside, as well. We're still 8 months out from a primary, and already Troy King is running short on any reasons to send him back to Montgomery in 2010.
Monday, October 12, 2009
Whatever happened to Nancy Worley?
However, where is Nancy Worley now? Well, I did some checking up on things, and it seems that after she was indicted, nothing else really happened. The case just went away once the media went away. I found an interesting editorial in the Huntsville Times from September 23, 2007, criticizing Troy King's actions. Troy King decided to push forward on five felony charges, which were thrown out by a judge. Instead of pursuing the case on misdemeanor charges, he tried to get the felony charges reinstated. First indicted in March 2007, she has since disappeared from the radar screen.
This problem speaks volumes about Troy King's time as Attorney General. He goes for glitzy charges which get people's attention, but he then fails to prove them and lets criminals get away. I remember Nancy Worley's campaign activities from her office, and it is this type of corruption which tarnishes the name of Alabama politics. However, instead of following through and getting her convicted, Troy King instead has let the case fall through the cracks over time. I did some research and could find no progress reports since the 2007 indictment.
I don't know about you, but I want an AG who resolves the problem this state faces instead of simply talking about them, then moving on to whatever issue the media decides to cover next. There is a difference, in my view, between a politician and a leader. The politician follows the media cycle, but the leader makes the media follow him. We elected a politician in 2006--I sure hope we can send him packing in 2010.
Sunday, October 11, 2009
A Lawsuit, by Any Other Name...
The AP wire reported this week, which was quickly picked up by other sources, that Troy King was attempting to block five lawsuits which he called "meritless" against Pharmacy chains. So, here's the issue. According to the lawsuits, CVS, Rite Aid, Wal-Mart, and Walgreen would sometimes fill prescriptions with generic drugs if doctors didn't explicitly specify something. Well, DAs filed suit in Tallapoosa, Colbert, Wilcox, Autauga, and Jefferson Counties, claiming that this violates the Deceptive Trade Practices Act.
One of the attorneys involved said: "The consumers are victims of an unfortunate turf war." Were it up to me, I'd say that consumers are more caught in an action of political double-speak. Here's the issue--I don't actually know who is right in this case, but I know that Troy King is talking double-speak when it comes to lawsuits. Troy King has had no problem hiring his own private attorneys to sue private corporations for wrong-doing, even when those actions are criticized by respected conservative groups like the Heritage Foundation. However, when local DAs see a similar need to strike out for consumers who may have been violated, Troy King steps in. This appears to be a move to get the business community back on Troy King's side as he heads into an election year in 2010.
Voters need to stop these shenanigans now and force Troy King's hand. He shouldn't be able to continue shifting his position, suing private enterprise when it suits his interests and stopping others from doing so when it serves his interest. Having principle can be defined as a willingness to respect morals and values (typically these go beyond self-interest and force principled individuals to make tough choices). When it comes to Troy King, it seems that his only principle is self-interest. This is NOT what the voters of Alabama need and deserve.
You Scratch My Back...I'll Scratch Yours...
Now, how do we know that Jere Beasley is a liberal? Well, to begin with, he is chairing Artur Davis' campaign for Governor as a Democrat. Davis has a rather liberal record as a Congressman and was a critical supporter of President Obama's. To put this in perspective, Jere Beasley is chairing the campaign for a man who got to watch the Super Bowl this past year with Mr. Obama. Mr. Beasley also has some pretty liberal opinions. In his "Jere Beasley" report blog he said that liberal Sen. Ted Kennedy "left a tremendous legacy" and said "Congress must stand with Obama on health care." I could go on, but in the interests of space, I'll stop there.
Well then, what are we to make of Jere Beasley's interesting post this week offering a favorable review of AG Troy King? He begins his post taking a few shots at AG King's opponent--Birmingham lawyer Luther Strange--and he then goes on to offer positive comments on King. He cites polls which claim that "Troy has done an outstanding job as Attorney General and deserves to be reelected." He continues: "I don't believe Troy should sit back and run a defensive campaign this time. he has a good record and it's one that folks around the state seem to like. "
This post is extremely interesting for several reasons. First, it demonstratse Troy King's support from a prominent liberal. Here is a man in Jere Beasley who supports Democrats and has always supported Democrats, but he goes to the trouble in his "Report" to take the time to compliment Troy King. This should call Troy King's "conservative credentials" seriously into question, and it makes his regular criticisms of President Obama ring hollow when he is praised by someone with such liberal connections. Furthermore, it makes you wonder why Troy King is getting such praise from a prominent Alabama trial lawyer. Perhaps it's because Beasley-Allen is getting lots of money from their state work on the recent drug lawsuits and is getting up to 14% of the winnings, plus expenses. If I were making that kind of money, I'd be willing to write some pretty positive stuff, too.
I really believe this post continues to underscore the ongoing problem in Alabama politics--an "I'll scratch your back if you scratch mine" approach is always the mentality, and it ends up just being a shell game to confuse the voters. Posts like these should start to get voters to ask real questions about the basis of Troy King's support.
Perhaps Troy King truly is a liberal heart--if he is, he needs to just admit it and run as a Democrat. Maybe he can get Jere Beasley to chair HIS campaign as well, at that rate.
Tuesday, October 6, 2009
Troy King on Crime
Unfortunately, I think we all know the story here. Jurisdictional rules apply, and this man will not be able to be charged with murder in the state of Alabama. It's a media ploy, although a very smart one, and it gives the victim's families false hope. So, let me be clear--justice was not done in this case, and it is a tragic failure. However, attempting to try this case in Alabama is nothing more than a media ploy on the part of Troy King, and it unfortunately masks broader problems about crime in Alabama.
When I heard about Troy King's decision in this case, my first response was to do a little digging on crime in Alabama itself. Before Troy King tries to bring people to justice for crimes committed in other countries, perhaps he should make sure we are doing everything possible to solve the crimes committed here in Alabama. Well, I looked up some stats from the Alabama Criminal Justice Information Center and found some really interesting things. First, the number of offenses is on the rise in Alabama. Overall criminal offenses increased 6% in 2007 and 4% in 2008. Violent crimes are on the rise as well. In 2008, there were 20,446 offenses in Alabama, up 3% from 2007. Now, that's a lot of crime. There were also 342 homicides in Alabama and 1524 cases of rape. There is another statistic, too, and that is clearance. "Clearance" is a term used to mean that there is enough evidence for an individual to be charged with a crime, and the crime is "solved." In Alabama, there were 37,525 clearance in 2008, but the rate was just 19%, meaning that some 81% of crimes didn't end with folks being charged. There was a clearance rate in 2008 of 67% for murders, which is good, but that still means that 33% of all murders in 2008 still have criminals out there getting by. Meanwhile, the clearance rate for rape was just 36%, robbery was just 32%, and burglary was actually just 11%.
I know these statistics are long, but I point them out to point out this--there are a whole lot of problems with crime right here in Alabama which need to be addressed. Our law enforcement officers are doing all they can, but they always need more support. AG King always pledges to stand for the victim, but this is why I criticize Troy King on the issue of victims.
Here is the fundamental problem--Troy King always stands with particular victims, but he never stands up with all the victims. Troy King takes a particular case, becomes interested, and these cases often happen to be the same cases that have attention in the media. He discusses that case, but he eventually moves on with the case unresolved. Let's face it--this man will not be convicted in Alabama, and the ludicrous Australia verdict will stand. The cameras will move on, and the focus will be elsewhere. Our focus as voters will be elsewhere, too.
Well, I am here to remind voters that there are crimes, every day, happening in Alabama, which need to be solved. Instead of solving them, Troy King is flying to New York and basking in the limelight. I like visiting New York--it's a fun city, and there always seems to be a tv camera in every corner. At the end of the day, though, someone needs to remind Troy King that there are real crimes, right here in Alabama, which need to be solved. That's what he was elected to do--to support our law enforcement and ultimately guarantee that justice is done for the people of Alabama. It looks like we still have some work to do, and I'm just not convinced that Troy King is up to the task. When he starts looking at the statistics, and the real problems, instead of a smattering of individual cases chosen to garner media attention, perhaps then I will start to believe.
Monday, October 5, 2009
The Truth Comes Out: Troy and Trial Lawyers
The general facts are probably familiar to most of you. Basically, a number of different pharmaceutical companies defrauded the Alabama Medicaid System. They are now being sued by a number of states, including Alabama, for damages. In order to handle the cases, AG King has farmed out the work to Hand Arendall, a Mobile firm, which then got Beasley Allen, a trial lawyer firm run by Jere Beasley. Those firms have gotten 14%, and Tucker wants the process opened to competitive bidding. Well, Troy King is not standing for that.
There are a series of problems with this issue, many of which have been chronicled on this blog before. First, in other states, Attorneys General have used this ability to award private contracts to reward political supporters. A story from Legal Newsline on October 2 noted South Carolina, but problems have also arisen in Georgia, West Virginia, and a number of other states. Second, if you're a conservative, you have to be a bit nervous that the process of hiring private attorneys for public work was developed by liberals; in fact, it was developed by ultra-liberal Eliot Spitzer of New York, who regularly used legal loopholes to harrangue private enterprise. It has also been criticized by conservative law professors and federal judge Bill Pryor. Third and finally, you have to worry that, quite simply, as Tucker suggests, Alabama could be getting a better deal through a fair, open, competitive bid.
So, whether you like the system of hiring private attorneys or dislike it, it's easy to argue that Alabama's system is not working the right way. Now, the Legal Newsline story suggests that Troy King has received no contributions from Beasley Allen or Hand Arendall. As a point of fact, that may well be correct.
However, these facts simply do not tell you the whole story, and that story is that trial lawyers regularly give to PACs, which then transfer their money around and give that money eventually to candidates. Alabama has extremely backward PAC laws, which have regularly drawn criticism from outside groups and conscientous legislators. This is done to muddy the waters in terms of tracking candidate contributions. Jere Beasley told the Birmingham News in 2006 that trial lawyers use this process because candidates "think the stigma of a trial lawyer will hurt them." According to Birmingham News data from 2006, King did receive some pretty big contributions from PACs which then received lots of their money from Beasley Allen. For instance, King received funding from PACs run by lobbyist Rudy Davidson totalling over $32,500. Well, Rudy Davidson's PACs got a lot of money from lawyer interests, including $193,625 from the Trial Trust PAC representing trial lawyers and $75,000 from Beasley Allen itself. So, the money trail is actually more complex than the story suggests.
The sad fact is that we wouldn't be discussing this if Alabama did two things. We should (a) resolve the private attorneys issue, either ending the hiring altogether or following Tucker's recommendations (probably the smartest) and opening the process to competitive bid and outside scrutiny. We should (b) then allow for greater transparency by ending all the PAC-PAC cloudiness and offering the light of day. If our candidates are being bankrolled by trial lawyers, or any special interest for that matter, we have a right as voters to know.
Until that time, motives will always be cloudy, and with someone having as questionable a past as Troy King, it's not entirely unfair to suspect the worst.
Saturday, October 3, 2009
Doing Good Deeds: Troy King and Jobs
Well, no, actually. In fact, AG Troy King is not handling the case at all. That job instead goes to St. Clair County DA Richard Minor, the person King tasked with handling the job as soon as he recused himself from the case. Now, why would King recuse himself from such a big case?
Several reasons, all of which have to do with ethics. First, King called 2-year college president Roy Johnson to ask for two jobs on behalf of his political cronies. Second, he called Johnson to ask for support for VOCAL, a victims' rights group which supported King politically. These requests came as Johnson was under investigation by the AG's office, and as consequence, Troy King had to recuse himself from a monumental case.
Alabama voters just need to face facts--we don't need an attorney general who cannot do the job he elected to do. This is reason number one why we vote this man out of office as soon as we have the opportunity.
Come now, let's face facts, folks
That said--one clarification from last week. Last week I alluded to Sheriff Jack Tillman. I apologize for any misconception that Jack Tillman did jail time. My information on the case comes from a CNN report, published January 9, 2009, this year, on Morgan County. According to that report, it notes: "Mobile County Sheriff Jack Tillman pleaded guilty to two misdemeanors, perjury and an ethics offense, and resigned in 2006." Don't know about you, but to me, that doesn't sound too good for Mr. Tillman. However, don't blame me--I merely report what I know.
However, if you will notice, this still completely avoids the bigger problem. There was a fundamental problem with our state's law, and instead of solving it (as Ronald Reagan would have done), Troy King learned about it and just ignored it. Let's face it--Alabama has always been a den of corruption. Anyone who follows this state's politics knows that we have corrupt officials, and we need strong laws preventing this corruption. This archaic law allows sheriffs to pocket food funds, and so some have abused the system.
Now, Troy King had, in my view, two options. He could have (a) released an opinion (which he was asked to do) noting that the law was archaic, inconsistent with standards of corruption, and inconsistent with the Code of Alabama. That's a valid response, and it would have solved the problem. Now, Troy King could easily argue that this constitutes "activism." However, he would also be wrong, there. Troy King is an elected official, elected to perform the will of the people of Alabama. Opinions of the AG office are non-binding--they are merely advisory, but they have a lot of force. To me, it makes sense to use some of that force to end an archaic law. Let's assume for a moment, though, that Troy King is actually right, and he should not have released an opinion. Well, then, (b) he could have lobbied the legislature to pass a change to the law, like he has done on many other measures. Troy King had both options on his table, and he chose to pursue neither one.
I don't know Troy King's motives for this inaction--I did speculate last week that it could relate to the Mobile case, which was referenced as a reason for not providing an opinion on the prisoner meal issue. I said it could relate to AG King's relationship with former Sheriff Tillman, who has, shall we say, a questionable history on this issue. What I do believe is that Troy King, if he truly had the best interest of the people of Alabama at heart, would have sought to address this issue. Instead, he turned his back and watched, like he has on countless other issues, also noted on this blog.
Monday, September 28, 2009
Missing the Boat: Troy King and Problem-Solving
If only Troy King were so creative with his ideas. It seems like whenever Troy King has a chance to actually solve a problem, he simply grandstands on the issue. Let's look at just one example, dealing with prisoner meals.
Back when I was in grade school, we had a day in class where we learned about really weird laws. You know, laws regulating things such as chewing gum on Sunday afternoons--things like that. well, Alabama has some pretty archaic laws. One allows county sheriffs to pocket extra money they get from prisoner meals. Obviously, public officials shouldn't be able to get rich off the public dole--this is a clear violation of ethics, and the AG had the chance to end it. Well, first, he issued an opinion allowing it to continue, and second, although Troy King does like a good press release, he never encouraged the legislature to close the loophole once he was aware of it. As a result, a major statewide scandal ensued. Early this year, Morgan County Sheriff Greg Bartlett revealed he had pocketed over $212,000 from prisoner meals for his own personal funds, and Mobile County Sheriff Jack Tillman was convicted of crimes for a similar violation.
Why was Troy King mum on this issue? Perhaps it had to do with the fact that King was friends with Sheriff Tillman, attending a parade with him in Mobile and using his work in order to seize a prosecution from political rival Jon Tyson. Cronyism seems to define Troy King's world, and for whatever reason, it led to no solution to this issue. Instead, Alabama was again a laughingstock in the national media.
We need an Attorney General who sees problems and develops solutions to them. Troy King could have nixed this with an unfavorable opinion, but if he truly believed that this sort of behavior was within the bounds of the law, he could have publicly called for the legislature to close the loophole. Instead, he allowed the problem to persist until it ended with people in prison. If only we had a different AG who could act as Reagan did, and work to actually solve our state's problems.
Thursday, September 3, 2009
Troy King's College Scandal
I read a fascinating piece in the Wall Street Journal, a conservative national publication, yesterday about why so many football coaches vote Republican. As football season nears again (thankfully), we can be thankful that legends like Lou Holtz, Bobby Bowden, and most other coaches are steadily conservative. According to the column, one reason for this was their belief in hard work and discipline. Holtz put it clearly--he believed that one isn't "given" anything, he earns everything. I think that's fair, to hold Troy King as a leader of an office to this standard set by leaders on the football field.
Well, it doesn't take long to find a major shortcoming, and we stop at the two year college scandal. I know you've all heard about it. Chancellor Roy Johnson went down in flames and was replaced by Bradley Byrne, now a GOP candidate for governor, to clean up the process. The whole scandal has even brought down a number of legislators and is the largest ethics investigation in Alabama history. It has been led skillfully and professionally by Richard Minor, the District Attorney from St. Clair County. However, one must ask, where is Troy King in all of this?
It turns out that Troy King had to recuse himself from this investigation and turn it over to Minor. At the same time he was investigating Johnson, he asked for jobs for at least two friends and financial support for VOCAL, a victims' group. One of the jobs was for the mother of an AG staffer, and Johnson gladly performed the favor for Troy King. As a result, King had to remove himself, and he has not been able to participate in this historic ethics investigation.
Thus, the challenge is simple--we pay Troy King a lot of money to represent our interests. One of those interests is defending us against corrupt politicians. Here, at a historic moment to truly make a difference in this state, Troy King is stuck on the sidelines, warming the bench while Richard Minor has come in to lead the team to victory. It's an impressive performance for Minor, to be sure, but it begs the question of whether Troy King is earning his keep. We, the taxpayers on Alabama, pay Troy King a lot of money every year. We're paying him to lead, not sit on the sidelines. With performances like these, that's all the more reason to give this benchwarmer a pinkslip next time we get the chance.
Troy King: Gambling on Gambling
As a conservative, I remember laughing at John Kerry in 2004 when he attempted to defend a vote by saying: "I voted for it, before I voted against it." We all laughed at this statement, but now some so-called conservatives attempt to defend Troy King for doing what is effectively the same thing. Troy King won't give us a clear opinion on gambling. Many of his supporters, like developer Ronnie Gilley, will. They will tell you that gambling is great for economic growth, and it brings jobs to repressed regions of the state. Now, I have responded to this argument in the past, and I will summarize my response here. I looked to the Huntsville Times editorial which called gambling a source of "phantom revenue," meaning that it was unreliable. Look at states like Nevada, which have seen revenues plummet by some 2/3 since the economic crisis has forced less tourism. Next, I looked to a fundamental conservative principle--morality. Edmund Burke, considered by many to be the first traditional conservative, summarized his moral philosophy simply--you have no right to do a wrong. With using gambling as a revenue source to fund state sources, you are doing something wrong. In a time of economic crisis, when people have less to spend, the state has to hope that people will choose to gamble, in order to keep funding state services like education. This creates a perverse incentive for the state to not only promote, but also actively encourage gambling, and that just doesn't make sense in an economic crisis. Finally, I encourage folks to look at Indian reservations and rural communities which have gaming establishments. These are not success stories. On Indian reservations, where gambling has been a major mode of economic development for several decades, only more depression and alcohol problems have ensued. I challenge anyone to point to an area where gambling was built either ethically or successfully. Even where it has been successful, in places like Las Vegas or Atlantic City, it has often financed or been financed by shady groups and activities.
HOWEVER, that is not what Troy King is willing to argue. He is not willing to step out and engage in this issue like Democrats Artur Davis and Ron Sparks. He engaged in stealth warfare, legalizing gambling under narrow exceptions and claiming that he is being a true conservative and "following the law." I have big problems with this argument. First, other conservatives have viewed this issue and reached the opposite conclusion. Jeff Sessions, Bill Pryor, Bob Riley, and Riley's anti-gaming task force have all added their eyes to the issue, and they have all reached the same conclusion--it is not legal. These men certainly seem like conservatives to me. Second, as the Birmingham News has noted, the courts of Alabama, traditionally ruled by conservative Republicans, have refused to grant the same types of narrow exceptions granted by Troy King. So, if Troy King is right, his logic defies the logic of EVERY SINGLE other conservative in Alabama. Everyone else has reached a conclusion which differs from Troy King's.
Finally, Troy King has reached this conclusion on questionable grounds. He was the guest of honor at a party held by developer Ronnie Gilley six weeks before issuing an opinion in his favor. King has also received money from PACs which received hundreds of thousands of dollars from gaming magnate Milton McGregor. So, when you look at the facts, it seems that Troy King's opinion on the matter is based not on his own convictions, but on other political motives.
At the end of the day, the issue is still the same. If this opinion is Troy King's out of conviction, it deviates from that of every major conservative in the state. If this opinion is Troy King's out of corruption, then he has violated the trust of the voters of Alabama. If this is his convcition, his recourse his simple--he should go out and join the Democrats, who agree with him. Ron Sparks and Artur Davis, the Democratic nominees for Governor, have both agreed that gambling is needed for economic growth. If he has been corrupted, he should admit his failings and resign his post. Either way, he should stop masquerading as a conservative on this issue when he clearly is not.
Troy King and the Interminable Trial Lawyers
Many of you have probably followed Alabama's Medicare fraud case. In short, a whole lot of different pharmaceutical companies defrauded the Alabama Medicare system. Like some other states, Alabama elected to sue many of these companies. As the state's representative, Troy King was in charge. Well, Troy King latched onto a growing trend--he hired private trial lawyers to take over the case. These private lawyers then represent the state in the case, in return for a share of winnings. Seems simple, right?
Well, it gets more complex when you look at the big picture of this blog, with reference to Troy King's standing as a conservative. Troy King awarded the contracts to Hand Arendall a firm from Mobile, which then worked with Jere Beasley, a trial lawyer from Montgomery. Here's the issue--trial lawyers like Jere Beasley are liberals. Beasley himself chairs Artur Davis' campaign. Now, some Troy King supporters would just say that this is an example of an AG willing to reach across party lines to get the job done.
However, several facts call that argument into question. First, Troy King in 2006 received a whole lot of Political Action Committee (PAC) contributions. These PACs are hard to follow, which is exactly how the special interests want them. However, King received a substantial amount of money from PACs heavily financed by a combination of gambling interests and trial lawyers. Here's one example. King received some $32,500 from PACs run by lobbyist Rudy Davidson leading up to the election. Those PACs received $193,625 from the Trial Trust PAC for Alabama Trial Lawyers, and another $75,000 came from Beasley Allen itself. This is just one example, and the records are obscured for a reason. Jere Beasley told the Birmingham News that: "They [candidates] think the stigma of a trial lawyer will hurt them." Thus, they give through a murky process meant to confuse voters on the actual source of contributions. It is effectively an end-run around the law, something conservative legislators have attempted to correct, though they have faced obstacles in the legislature. Second, in other states like Georgia and West Virginia, similar programs have led to public corruption. These are no-bid contracts, and they can be awarded by the AG to his political cronies, creating a hot scene for potential corruption.
Finally, conservative judicial scholars have steadfastly REJECTED the validity of this process of hiring private attorneys for state work. The leading conservative judicial group the Federalist Society published a criticism of the process last year. In that piece, conservative judge and Alabama's previous AG Bill Pryor said that these contracts to private firms "create the potential for outrageous windfalls or even outright corruption for political supporters of the officials who negotiated the contracts." Andrew Spiropoulos, the author of the piece, a law school professor from Oklahoma identifies some key problems: (a) Self-interest, as self-interested trial lawyers will be looking out for themselves and gaining the biggest settlement from a corporation, not doing justice, which is the function of the AG office; (b) Separation of powers, since the AG can hire private firms even if the legislature disagrees with a decision to sue an entity; and (c) Extensive cost, since even though initial costs may be low, attorneys take huge checks which would go to the states when the attorneys prevail. If you believe the Beasley Allen press release, they stand to pocket over $17 million already, and the cases haven't even concluded. That doesn't even include expenses, which means the ultimate fee will be far higher. That's money that could be in our state's general fund which is instead enriching trial lawyers.
Thus, it seems Troy King doesn't have a leg to stand on when it comes to hiring these lawyers. It isn't sound policy for the office, and it's certainly not conservative, having been critiqued both by a past Alabama conservative AG and another leading conservative legal scholar in a leading conservative legal publication. Troy King's ethics are definitely questionable, in terms of his campaign financing, but they are also more speculative. The impact of this decision is not. It takes powerful liberal trial lawyers and gives them an even greater hand over state business. This is certainly not doing justice.
Victims, Revisited
Ronald Reagan, a truly great conservative leader, asked voters to consider a basic question in his 1980 election against Jimmy Carter. He asked them: "Are you better off than you were four years ago?" Today, I ask that question of Troy King, and I further ask, can you show me specific examples of how Alabamians are safer today than they were in 2006, when you were elected to your first full term, or in 2004, when you were first appointed? Frankly, I don't feel all that much safer.
Frankly, I see an Attorney General who has certainly "stood" with some victims and their families, but this ignores my essential point that I made yesterday. It is IMPOSSIBLE for any AG to be with every victim, all the time. Certainly, the AG can be there for widely-publicized cases, but the fact is, there are a whole lot of victims out there who will never meet with any AG. Instead, they must be a part of a broader system--the criminal justice system. This process is probably one of the hardest things an individual can go through, and it can truly be like a great maze. Troy King has done nothing to simplify this maze--he has often made it more complex. On issues like the widely-publicized church fires created by Birmingham students, King took the case, held his press conferences, then transferred authority back to local authorities. There was no real reason for this other than his own political popularity. Also, consider this. Over the past term, Troy King has been involved in the seizure of two key cases--one from Mobile DA John Tyson and the other from Shelby County DA Robby Owens. However, by doing so, he has compromised the reputation of two veteran prosecutors (including one who represents one of the most conservative counties in Alabama) who regularly prosecute hundreds of cases each year. By doing so, he has compromised these attorneys. If Troy King felt strongly enough that these DAs were incapable of representing the interests of their counties, he should have fought to take every case from them and do all the work himself. However, Troy King realizes that this is impossible, because District Attorneys perform a vital role in the criminal justice system of this state. They do the dirty work, when no one is paying attention. So, Troy King chose to take widely publicized cases for himself and leave the dirty work to the District Attorneys.
When we look at what's left, what has Troy King done to make us safer? We still have the same expanding drug problem, particularly with methamphetamine use, that we had in the state four years ago. Illegal immigration continues to run rampant. I know this is largely due to federal blunders, but surely our own state should make sure that the laws of Alabama are enforced with regard to this issue as well. We still have cities like Birmingham, which have some of the highest murder rates in the nation, beating even Washington, DC, and New York some years. Back when Jeff Sessions campaigned for AG in 1994, he campaigned on SYSTEMIC reforms to make the system fairer for all parties. He wanted quicker trials, more like the federal prosecution system, so that victims and defendants wouldn't have to wait for years to see justice done in the courts. Instead of focusing on reforms to make our system more efficient as a whole, Troy King has chosen to take particular cases and grandstand on them.
Now, if I'm a Troy King supporter reading this, I ask, what about the sex offender legislation? It is true that the Alabama legislature passed sex offender legislation under Troy King's watch, and this is, by far, his best accomplishment as AG. Case granted. However, I would argue that any AG would have addressed this issue, and King's handling of the matter is far from perfect. In 2005, Carla Crowder of the Birmingham News reported on some inconsistencies with King's actions. Crowder noted that the monitoring bracelets pushed by King wouldn't be required for 20 years, meaning that we won't REALLY be that much safer from sex offenders until the year 2025. Honestly, that's a long time to wait for justice. Additionally, not all folks were happy with this. They may have understood the legal reasons, but they felt uninformed. Randy East of Rushton Child Care Center in Birmingham said: "So the people who are out there today living in my neighborhood would not have to wear them?...I'm really kind of offended that I was not made more aware of it." Like Mr. East, I'm offended, too. I believe an AG should be accountable and explain the pros and cons of any legislation to voters, fairly and honestly.
So, that's what we're left with for a record. As I said yesterday, Troy King has offered plenty of honorable rhetoric. As I said yesterday, I sympathize with victims and their families. Crime is devastating. However, since crime is devastating, that should mean that WE FIGHT ALL THE HARDER TO MAKE SURE THAT THERE IS LESS OF IT EVERY FOUR YEARS. That's what Ronald Reagan set as the conservative standard, and I set it today--a strong conservative leader should leave his office (or campaign for re-election) on the premise that he has executed it better and more justly than he found the office on his arrival. I ask Troy King--what, in terms of substance, have you done to reduce crime in Alabama? What have you done to prevent folks from offending in the first place, and what have you done to prevent those who have been released from prison from offending again? What have you done to improve upon the records of Jeff Sessions and Bill Pryor, remarkable conservatives in their own right? Finally, what have you done to make the system fairer for those victims who will never be at your press conferences? I'm interested in those victims, and I believe they deserve a voice, too.
Friday, August 28, 2009
Troy King's Incredible Job References
In Troy's world, however, a job is just another political tool to reward connected friends, even if that decision puts you in a position not to do your own job. Take this two year college investigation, for example. I'm sure y'all still remember it--legislators, politicians, and other cronies were getting rich with phony two-year college jobs, all with the blessing of Chancellor Roy Johnson. It was SO big that it has become the biggest corruption in Alabama's history, and that is really saying something, given Alabama's history of corruption. Of course, the Attorney General's office should be leading the charge in such an investigation.
HOWEVER, as it turns out, Troy King had to recuse himself from the investigation. St. Clair County DA Richard Minor was assigned to the case instead. Why the recusal? Well, Troy King had gone to Roy Johnson and asked for jobs for two of his friends. One was Ann Hinderer, mother of deputy Attorney General Marc Bass. The other was unnamed. Making matters worse, Troy King had gone to ask for these jobs for his cronies AT THE SAME TIME he was investigating Johnson. I'm no Latin scholar, but that sounds like a pretty good quid pro quo--Alabamians know that as "I'll scratch your back if you scratch mine."
Of course, Troy King's office tried to spin this, basically accusing others of attacking the AG for doing a "good deed." The Birmingham News clarifies this in an editorial: "Just so King will know, taxpayers weren't the beneficiars of his good deed, even if his friend's mom is a qualified and competent employee. The people of Alabama elected King to look after their interests--for instance, by investigating and prosecuting public corruption. Now, because of his own lousy judgment, King is in no position to do what he was elected to do."
It's about time voters put Troy King back in the real world, so that he can learn what it's like to get a job based on merit again. He has probably forgotten, since he is still paid the second-highest salary in America, even after being removed from the biggest ethics investigation in the state's history. It's time for Troy's four-year performance review, and it's past time for voters to hold him accountable for his actions.
Troy King and Ever-Expanding Staff Pay
Turns out, our AG Troy King has a history of "fitting" his loyal supporters into special roles on his staff. Take Chris Bence, as one example. Once you start reading stories about Troy King, you'll find that Bence's name always seems to come up. Sometimes, he's referred to as a "spokesman," and other times he is referred to as the "chief of staff." However, to AG Troy King, Bence is neither of these things. AG King classifies Chris Bence as a "paralegal," even though he has no training as a paralegal and at least doesn't appear to perform paralegal functions in the office. Why? Well, Troy King wanted to give Bence a big raise, and this move to "paralegal" allowed Bence to go from making $94,000 to $104,400 a year, according to the Montgomery Advertiser and other papers which covered the story, including Birmingham, Huntsville, Gadsden, and points around Alabama. When Bence was asked about this by the Birmingham News, he responded that 'the titles are all flexible.' However, as the Montgomery Advertiser muses: "We wonder how that makes trained paralegals feel." It also seems funny, that as Troy King is regularly hiring outside lawyers for "help" on legal issues, he is filling his professional staff with political operatives. Maybe that's why taxpayers are shelling out over $100,000 for his legal defense.
However, the issue gets even worse. Take Tyler Godwin, Troy King's executive assistant. He started out as an unpaid intern in college, and suddenly 10 months later saw himself making $57,000. Now, that is one great entry-level job. Of course, we haven't even talked about the salary of King himself. Even though it was set by the legislature before he arrived, Troy King is the second-highest paid Attorney General in the country, second only to Jerry Brown of California.
This whole situation reeks, particularly in a time of economic crisis. Conservatives are supposed to be about responsible government, and doing more with less. When Jeff Sessions and Bill Pryor were AG, they were focused on "public service," not the "public dole." Troy King is trying to convince us that his intern-turned-executive assistant and political operative paralegal are more important than funding for better teachers in our schools or perhaps, even returning more tax dollars to us, the people. Well, I don't buy it.
I close with these words from a Decatur Daily News editorial from July 30, 2008: "Alabama Attorney General Troy King is doing his best to counter the economic downturn--at least among his staff...Maybe Mr. King doesn't understand the struggle many working men and women are experiencing in this sluggish economy. After all, he is the second highest paid attorney general in the country. And he has friends like Alabama Power Co. who pay for his family baseball tickets and food at the game." Folks, it is past time to hold Troy King accountable for his misuse of his office, and his arrogance in the face of a suffering state.