Lee County Circuit Judge Jacob Walker refused to rule on motions to quash several subpoenas in Speaker Mike Hubbard’s ethics trial during a hearing on Tuesday morning, Oct. 20.
As a result of Tuesday’s hearing, eight employees from the Alabama Attorney General’s office will remain on call to testify as witnesses during evidentiary hearings set to begin on Monday, Oct. 26.
Attorney General Luther Strange is among the officials who have been subpoenaed by the defense to testify in the hearings over the defense’s accusations of prosecutorial misconduct and arguments over the unconstitutionality of Alabama’s ethics law.
Hubbard’s lawyers have argued the indictments against the embattled speaker should be ruled invalid and overthrown as a result of prosecutorial misconduct originating from allegations of information leaks before last year's grand jury hearings ever even began.
Hubbard, R-Auburn and Speaker of the Alabama House of Representatives, was indicted on 23 counts of felony corruption charges by a Lee County grand jury exactly one year before Tuesday morning’s hearing.
The defense claims the state’s prosecution team knowingly took part in selective prosecution as a result of bias against Hubbard. The prosecution disagrees.
"If any witness can be called because of 'prejudice against the defendant,' then all of the grand jury witnesses could be called because obviously the defendant is up for indictment," said Andrew Brasher, Alabama’s Solicitor General.
Brasher began representing the Attorney General’s office in the trial after Strange recused himself.
Hubbard's lawyers accuse Strange of taking part in the solicitation of business favors using his position in government, the same accusation that is being made against Hubbard.
“People from the Attorney General’s office, on behalf of Attorney General Strange, were seeking business interests for his family,” said Mark White, the lead defense attorney on Hubbard’s defense team.
White cites the accusations against Strange as evidence of selective prosecution and vindictive behavior against the speaker.
“One person gets charged and the other gets nothing,” White said.
Hubbard's defense team has also filed a motion claiming Alabama's ethics law to be unconstitutional on the grounds that it violates the First Amendment.
"The suggestion that Mr. Hubbard does not have the benefits of the constitution is offensive. The constitution applies to every citizen in this country. It ought to be the same for Mr. Hubbard," White said.
Two others will also remain on call to testify next week, including Baron Coleman, a reporter and radio host for the Alabama Political Reporter. Coleman was present at the hearing to request that Judge Walker sign an order to annul his subpoena.
“I’ve been a fierce critic of Speaker Hubbard,” said Coleman. “Mr. Hubbard wants to put me on the stand and embarrass me. He has described me as evil.”
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