Lawyers in the ethics trial of Alabama Speaker Mike Hubbard, R-Auburn, are engaged in a dialogue of pretrial motions.
Hubbard is facing 23 felony counts of violating Alabama’s ethics laws by using his position as Speaker of the Alabama House of Representatives and head of the Alabama Republican Party in 2010 to benefit his private business.
Defense attorneys filed two motions, one claiming the prosecution of Hubbard was selective and vindictive, and another one claiming the ethics law is unconstitutional because it violated the First Amendment, in August.
Prosecutors filed replies to the two motions this week with additional emails seized from Hubbard’s account. The emails included in the filings had email addresses and phone numbers redacted.
The ethics law Hubbard is being charged under was passed when Republicans took control of the state legislature under Hubbard’s leadership.
“Instead of infringing on those [free speech] rights, the laws placed legitimate restrictions on public servants to prevent corruption or its appearance by forbidding legislators from taking money from lobbyists or becoming legislator lobbyists themselves,” said special prosecutor Matt Hart in the filing.
Emails between Hubbard and former Gov. Bob Riley reveal Hubbard threatened he’d have to resign his position as speaker unless he could find more income. Hubbard asked Riley to have Will Brooke, a Birmingham businessman and former congressional candidate, search for a position on a corporate board.
“I know that some of my fellow speakers [in other states] serve on corporate boards that pay them,” Hubbard wrote to Riley in a 2012 email. “I know those things are tough to get on, but wonder if that may be a possibility for me. Surely there are some companies that would like to see me be in a position to continue to serve. Maybe Will will have some ideas.”
Defense lawyers issued a statement calling the email release a smear campaign.
“This abuse of the legal process is no surprise, coming from prosecutors whose stated intention is to ruin Mr. Hubbard politically, even if they cannot convict him in a court of law,” said defense attorney Augusta Down in the statement.
Some of the charges against Hubbard, according to prosecutors, relate to Hubbard’s media company’s contract, the Auburn Network, with the IMG network to broadcast Auburn football games on the radio.
The IMG contract expired in 2012 and was not renewed.
In a 2011 email, Riley asked Hubbard if the contract was going to be renewed.
“I sure hope so,” Hubbard wrote in reply to Riley. “I guess I am going to have to ask [Auburn President Jay] Gogue to press them. It’s been 5 months of radio silence.”
Other emails involve Hubbard seeking a $150,000 investment in his printing company, Craftmaster, from Auburn Board of Trustees member and president of Great Southern Wood company, Jimmy Rane.
An evidentiary hearing is set for Oct. 19, and his trial is set for March 2016.
Do you like this story? The Plainsman doesn't accept money from tuition or student fees, and we don't charge a subscription fee. But you can donate to support The Plainsman.
