Judge Jacob A. Walker III denied motions to dismiss Alabama Speaker Mike Hubbard's ethics case Tuesday, Feb. 2. Walker heard evidence for the motion from Oct. 26-28, 2015.
Hubbard's defense team was arguing Hubbard's Constitutional rights had been violated through selective prosecution by Attorney General Luther Strange.
"The defendant argues that he was targeted for prosecution by the State in order to benefit General Strange politically and that his prosecution has been pursued invidiously and in bad faith," the order states. "However, the defendant provided no evidence to this court in support [of] either of these claims."
Walker also denied the defense's claim that the term of the special grand jury who indicted Hubbard had expired.
Walker denied motions to dismiss the case because the Alabama Ethics Act that Hubbard was indicted on is too vague, denies the free speech of political parties and is therefore unconstitutional.
"However, as the state points out in its response, the Alabama Ethics Act only prohibits public officials from being paid to lobby for private entities while acting in their official capacity," the order reads. "Certainly the First Amendment doesn’t protect such an obvious conflict of interest. Because the First Amendment doesn’t protect the conduct prohibited by the Alabama Ethics Act, the defendant’s constitutional challenge for overbreadth fails."
Hubbard's defense also argued he is exempt from the Alabama Ethics Act because of his role as Alabama Republican Party chairman, and the act interferes with their role in handling money within the party. However, in the order, Walker said the act only applies to the chairman as an individual, not the party as a whole.
Hubbard was indicted on 23 counts of felony ethics violations for using his office for personal gain in 2014.
Hubbard's trial is scheduled to begin March 28.
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