Attorney General Steve Marshall has recused himself from an investigation of Gov. Robert Bentley, he said today in a statement released by his office.
“After meeting with the staff of the Special Prosecutions Division of the Attorney General’s Office concerning the status of a possible investigation of Governor Bentley, I have determined to recuse myself from the aforementioned related work and have appointed former Montgomery County District Attorney Ellen Brooks to serve as supernumerary district attorney leading the investigation,” Marshall said.
Bentley appointed the former Marshall County district attorney as attorney general last week after tapping then-Attorney General Luther Strange to fill former Sen. Jeff Sessions’ seat. The day before, Sessions was confirmed as U.S. attorney general by the Senate.
The series of events raised eyebrows and drew national attention, with some questioning exactly what qualities Bentley was looking for in a replacement attorney general.
Today, Marshall pledged the support and resources of his office to Brooks as she leads the investigation going forward.
“After I took the oath of office, I pledged to the people of Alabama that my first priority as Attorney General would be to determine if my recusal from a possible investigation was necessary,” he said. “Over the following 48 hours, I met with my special prosecutions staff, made the decision to personally recuse, and I appointed Ellen Brooks to lead the investigation. I believe this course of action fulfills my commitment to the people that this matter be handled thoroughly and fairly.”
Today’s statement is the first time the attorney general’s office has confirmed an investigation into Bentley’s actions.
In a letter to Brooks dated today, Marshall said he ordered Special Prosecutions Division Chief Matt Hart, who is apparently supervising the Bentley investigation, to report directly to her on matters relating to the investigation. Hart is the same prosecutor who secured the conviction of former Alabama Speaker of the House Mike Hubbard, R-Auburn, for ethics violations last year.
Last year, Bentley admitted to sexual misconduct with his longtime aide Rebekah Caldwell Mason. Former Alabama Law Enforcement Agency Secretary Spencer Collier, who was fired by Bentley, accused him of using public money to maintain his relationship with Caldwell.
The Alabama House Judiciary Committee began an investigation of Bentley to determine whether there were grounds for impeachment.
In early November, Strange requested the committee suspend their investigation of Bentley, saying the committee’s investigation and his office’s work could “intersect with certain issues and witnesses.”
Efforts to impeach Bentley have been renewed in the latest legislative session. Yesterday, lawmakers passed around a new draft of articles of impeachment, charging Bentley with neglect of duty and corruption.
Bentley’s lawyer, William Athanas, issued the following in response to request for comment today: “Given the ongoing investigation, it would be inappropriate for the governor to comment on the substance of this matter. The governor plans to cooperate fully in the attorney general’s investigation.”
Chip Brownlee, Community Editor, contributed to this report.
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