The Alabama House Judiciary Committee — the group of men and women who have been charged with leading an impeachment investigation into Gov. Robert Bentley — hired a high-profile attorney Friday to serve as special counsel.
After a unanimous recommendation from the Special Counsel Subcommittee, the committee voted unanimously with one abstention to hire Birmingham-based lawyer Jackson Sharman.
Sharman will help lead and advise the judiciary committee on matters related to the Bentley investigation. The normal state pay for high-profile partners hired in similar matters is about $195 an hour.
"The most important part of this whole process is the selection of special counsel," said House Judiciary Committee Chairman Mike Jones. "We chose a person, who frankly I didn't know existed in this state. I didn't know we had somebody with the level of experience and background that he's got."
According to the website of his law firm, Lightfoot, Franklin & White LLC., Sharman served as the special counsel to the U.S. House Banking Committee during its Whitewater Investigation — only six years after graduating from Harvard Law School.
As special counsel, he oversaw a legal team which investigated the real estate dealings of -then-President Bill Clinton and his wife, then-First Lady Hillary Clinton. Sharman's work investigating the Clinton's real estate investments while they occupied the Arkansas Governor's mansion culminated in a four-day-long televised hearing.
The Whitewater investigations eventually led to dozens of convictions, but no charges against the Clintons.
From 1989 to 1990, Sharman's first job out of law school was as a judicial clerk to David Sentelle, a U.S. Court of Appeals judge for the District of Columbia Circuit. The court is second only to the U.S. Supreme Court in stature.
"I think there are some common components to all of this, one of which is you have three co-equal branches of government, all of which may have interests in such a matter," Sharman said. "Also, sometimes there are multiple proceedings going on. Sometimes those can be consistent and cooperative, and sometimes they can't."
The Alabama Political Reporter reported Bentley testified this week before a grand jury. It is unknown whether or not Bentley and his dealing with his former top political aide Rebekah Mason are the subject of the grand jury's hearings.
Others close to Bentley, including Bentley's personal security officer and former State Trooper Ray Lewis and ALEA Secretary Stan Stabler, also testified this week, according to AL.com
Sharman's hiring was not the only announcement made today. During the committee's hearing this afternoon, the governor's office issued a press release announcing the employment of Ross Garber as legal adviser to the Office of the Governor in relation to the House's impeachment hearings.
According to the release, Garber's firm also "agreed to undertake this work at a discounted rate of $195 per hour."
“I am pleased to be able to assist the Office of the Governor and Gov. Bentley during this unique period, and I look forward to working collaboratively with the members and staff of the House Judiciary Committee,” Garber said.
Bentley became the subject of investigation after former ALEA Secretary Spencer Collier accused him of having an affair with Mason. Collier also asserted that Bentley fired him because he cooperated with the attorney general's investigation into former House Speaker Mike Hubbard against the governor's wishes.
Collier said Bentley ordered him not to submit an affidavit in the case. In addition, Collier also said Bentley improperly used state funds to facilitate the affair with Mason.
Bentley maintains that he has done nothing wrong and labeled the House's impeachment proceedings as political grandstanding. Nevertheless, Bentley's personal attorney, Joe Espy, said today the governor has the utmost respect for the process.
“It is my intention to fully work with the House Judiciary Committee during this procedure as it pertains to the Alabama Constitution and the U.S. Constitution,” Bentley said. “The committee has deemed it necessary to obtain special counsel and it only makes sense that I do the same. I will be cooperative throughout this process, and I appreciate Ross’ willingness to represent me in my official capacity.”
Espy also said today that he did not believe Bentley was the subject of the grand jury proceedings this week.
"I do not believe that grand jury is investigating Governor Bentley," Espy said. "I believe it's dealing with a number of things. ... I did want to correct what some media had indicated was an investigation of Governor Bentley. I do not believe that its correct. I of course was at the courthouse with Governor Bentley, and have some information because of my client."
Espy said Bentley was concerned but confident about the investigations.
"At this point, the governor is confident," Espy said. "He's fulfilling the obligations of the office. He's leaving the legal issues to myself and his legal staff. He's trying to move forward with state government, and I think he's doing that. ... We have pledged our full cooperation."
Espy said the governor's office would have to be careful when deciding which documents to turn over to the investigation. Espy said when it comes to law enforcement documents, they would likely hold on to them.
The power to subpoena witnesses and documentation has also been a hot topic in the State House during the impeachment hearings. It is unknown whether or not the Alabama Constitution grants the House the authority to issue and enforce subpoenas.
Espy said he doesn't believe the House can issue subpoenas at all, but Jones said the committee has the power but may not use it.
"There's a presumption I guess or an assumption that we're going to have subpoenas," Jones said. "It may not be necessary. It may just simply be a request being made. If a request is made and there's a response to it, then it might not be necessary to issue a subpoena."
"As far as whether or not we have the power to subpoena, I believe we do," he said. "The question would be of the enforcement of it, and that's where we're not sure."
Jones said the next time the Judiciary Committee meets, it will likely be evidentiary in nature.
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