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DOCUMENT 367

ELECTRONICALLY FILED
9/21/2015 4:37 PM
43-CC-2014-000565.00
CIRCUIT COURT OF
LEE COUNTY, ALABAMA
MARY B. ROBERSON, CLERK

IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA


STATE OF ALABAMA

)
)
)
)
)
)
)
)
)

v.

MICHAEL GREGORY HUBBARD,


Defendant.

CASE NO. CC-2014-000565

STATES RESPONSE TO HUBBARDS MOTION TO DISMISS BASED


ON THEORY OF SELECTIVE AND VINDICTIVE PROSECUTION
Defendant Michael Gregory Hubbards Motion to Dismiss for Selective and
Vindictive Prosecution is yet another in a series of attempts to distract attention
away from his own actions that led a Lee County grand jury to indict him on 23
felony counts of violating the Ethics Law. Like his past motions to dismiss,
Hubbards current Motion is baseless and due to be denied.

Specifically, as

demonstrated below, Hubbard fails to provide supporting evidence for any of the
three mandatory elements of his selective prosecution claim, and Attorney General
Stranges record demonstrates he has consistently enforced the Ethics Law against
numerous public officials and employees during his term of office.
Hubbard has not met his burden, this Court should deny his Motion.

Because

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ARGUMENT
I.

Hubbards Motion fails to state a prima facie claim of selective


prosecution.
As Hubbard acknowledges, he must prove three elements to succeed on a

selective prosecution claim: (1) selectivity in enforcement, (2) selectivity that is


intentional, and (3) selectivity based upon some invidious or unjustifiable
standard such as race, religion, or other arbitrary classification. Motion at 12
(quoting DeShazo v. City of Huntsville, 416 So. 2d 1100, 1103 (Ala. Crim. App.
1982)); see also Crawford v. State, 548 So. 2d 615, 617 (Ala. Crim. App. 1989).
A criminal defendant, like Hubbard, alleging selective prosecution in
violation of his equal protection rights bears the burden of proving that the State
purposefully discriminated against him. City of Montgomery v. Norman, 816 So.
2d 72, 79 (Ala. Crim. App. 1999). And this burden is a demanding one. United
States v. Armstrong, 517 U.S. 456, 463 (1996); see also Motion at 4 (Hubbard
states he recognize[es] the difficulty in establishing that the State acted with a
discriminatory motive.). It is not enough merely to show that other violators
have not been prosecuted, that there has been laxity in enforcement, or that there
has been conscious exercise of some selectivity in enforcement. Id. There must
be a discriminatory effect . . . motivated by discriminatory purpose. Id. at 618;
see also Doster v. State, 72 So. 3d 50, 94 (Ala. Crim. App. 2010)

(Prosecutors

have broad discretion to enforce the law, and the decision whether or not to
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prosecute, and what charge to file or bring before a grand jury, generally rests
entirely in [their] discretion.) (internal quotation marks omitted); Wayte v. United
States, 470 U.S. 598, 60709 (1985) (explaining the broad discretion of
prosecutors and noting that the decision to prosecute is particularly ill-suited to
judicial review because such review delays the criminal proceeding, threatens to
chill law enforcement by subjecting the prosecutors motives and decisionmaking
to outside inquiry, and may undermine prosecutorial effectiveness by revealing the
Governments enforcement policy).
Hubbard fails to offer facts to support any elements of a selective
prosecution claim. First, Hubbard does not identify any similarly situated people
the State declined to prosecute meaning he has not shown selectivity in
enforcement.

Hubbard points to

as comparators. But those people are not similarly situated to Hubbard.


And Hubbard fails to acknowledge that the State has prosecuted people who are
more similarly situated to him, most notably former Representative Greg Wren, for
violations of the Ethics Law. Second, Hubbard does not offer any evidence to
show that any alleged selectivity was intentional. Third and finally, Hubbard has
not shown that the State has an improper motive based on race, religion, or another
protected status for prosecuting him. Because Hubbard has failed to state a prima
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facie claim of selective prosecution or support such a claim with any evidence, this
Court should deny his Motion.
A. Hubbard fails to show selectivity in enforcement because the
individuals he identifies are not similarly situated to him.
To satisfy his burden under the selectivity in enforcement prong of his
selective prosecution claim, Hubbard must identify a person who is similarly
situated to him but was not prosecuted for actions similar to those for which
Hubbard is being prosecuted. See U.S. v. Smith, 231 F.3d 800, 810 (11th Cir.
2000) (The beginning step in comparing the prosecution of the defendants with
the non-prosecution of those who were similarly situated is to determine who, if
anyone, was similarly situated with the defendants.). The Eleventh Circuit has
defined a similarly situated person as
one who engaged in the same type of conduct, which means that the
comparator committed the same basic crime in substantially the same
manner as the defendant so that any prosecution of that individual
would have the same deterrence value and would be related in the
same way to the Governments enforcement priorities and
enforcement plan and against whom the evidence was as strong or
stronger than that against the defendant.
Id. A courts evaluation of a prosecutors discretion should be informed by the
Supreme Courts recognition of legitimate factors that may motivate a prosecutors
decision to bring a case against a particular defendant, which include the strength
of the case, the prosecution's general deterrence value, the Governments

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enforcement priorities, and the cases relationship to the Governments overall


enforcement plan. Id. (quoting Armstrong, 517 U.S. at 465).
In order to show that others are similarly situated but not prosecuted,
Hubbard must prove by clear evidence that others committed the same crimes as
[he] did, the same or a greater number of times, and that the evidence against those
was as strong or stronger than the evidence against [him]. Id. at 813 n.12.
In his Motion, Hubbard identifies

that he contends are similarly

situated to him but have not been prosecuted. First, Hubbard alleges that

Because none of these

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individuals are similarly situated to Hubbard, his prosecutorial misconduct claim


fails.

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None of the charges against Hubbard have anything to do with


, but are instead based on his misuse of his public office to
obtain personal financial gain.

See Indictment; see also States Response in

Opposition to Hubbards Motion for More Definite Statement, filed on February


27, 2015, at pp. 643. As a result, even assuming his allegations are true, Hubbard
is not similarly situated to

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stands in stark contrast to the


actions for which Hubbard was indicted which demonstrates the
are not similarly situated.

individuals

Hubbard solicited Canary,

and other lobbyists and principals, for reasons directly related to Hubbards service
as a public official.

First, Hubbard,

improperly

solicited individuals that had current and future interests in matters before him in
his official role as Speaker of the House. See, e.g., October 4, 2011 Email between
Hubbard and Bob Riley, AG0570048-49, attached hereto as Exhibit A (Hubbard
and Riley discuss priority legislation; Hubbard mentions Canarys assistance
with Hubbard obtaining new consulting contracts; Hubbard solicits Rileys
lobbying business to hire Auburn Network, Inc. to handle marketing; Riley
suggests that Hubbards PR firm could manage work for Rileys client, Austal1);
January 26, 2012 Email between Hubbard and Will Brooke, AGdoc0222027,
attached hereto as Exhibit B (Hubbard writes: Good news the House GOP
Caucus unanimously approved our proposed immigration changes. On another
note, did you ever run across any company or companies interested in my services?
My employment [with IMG] runs out on March 31. Its ironic that I was the
architect of putting a pro-business legislature in place yet businesses seem to
1

Austal is an Australian based global defense prime contractor and a designer and
manufacturer of defense and commercial ships. http://www.austal.com/en/aboutaustal/Overview.aspx. Former Governor Riley is a registered lobbyist in Alabama for Austal. See
http://ethics.alabama.gov/news/2012_Lobb_List_Arch_12_31_12.pdf.
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want to avoid any personal association with me like the plague!). 2 The BCA and
Brooke had a strong interest in the immigration changes with which Speaker
Hubbard was involved. See April 4, 2012 BCA Press Release (The BCA has
continued to stress that Alabamas immigration law needs to be clear and
unambiguous so that businesses can easily comply with the law and focus on what
they do best: creating jobs.).3
Second, Hubbard,

was seeking employment

opportunities for the express purpose of keeping and exercising


his public service position. See, e.g., April 8, 2012 Email between Hubbard
and Bob Riley, AG0551790, attached hereto as Exhibit C (Hubbard thanks Riley
for agreeing to speak with Will Brooke on his behalf and writes: I know that some
of my fellow Speakers serve on corporate boards that pay them. 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 [Brooke] will have some ideas.) (emphasis
added).

Available at: http://www.bcatoday.org/announcements/bca-issues-statement-onproposed-changes-to-immigration-law.


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In other words, Hubbard solicited lobbyists and principals on numerous


occasions to assist with finding businesses that, as Hubbard wrote, would like to
see me be in a position to continue to serve as Speaker of the House and would
be willing to put Auburn Network, Inc. (me) on a retainer to make sales calls,
open doors, help with marketing, etc. Ex. C, AG0551790. Hubbard made clear
that if he was not able to replace his lost IMG income with new consulting
contracts, then he might resign his Speakers joba doomsday scenario to be
avoided at all costs by the interests he reached out to during this time and whose
bidding he was doing on a regular basis in his official role as Speaker of the House.
See, e.g., October 12, 2011 Email between Hubbard and Brooke, AGdoc0222546,
attached hereto as Exhibit D (Hubbard writes: I have probably been nave in
believing that putting a conservative, pro-business legislature in power would be
worth the personal sacrifice in the end. I am beginning to think that perhaps my
role was to simply lead us to this point and I now am just supposed [to] turn it over
to someone else and exit public service.); March 2012 Emails between Hubbard
and Brooke, AGdoc0221918-19, attached hereto as Exhibit E (Hubbard writes on
March 19th: As you know, my concern is financial and the fact that serving as
Speaker consumes a[n] enormous amount of time and generates virtually no
income. I have been in discussion with Governor Riley and believe I would have

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an opportunity to work with him and his company if I were to give up being
Speaker and resign from the Legislature.).
That is, Hubbard put the lobbyists and principals on notice that they needed
to help him obtain more and more contracts and money in order to keep himself in
the Speakers chair so that he could, in turn, continue to act officially in their
interests. Ex. E at March 20th Email (Hubbard writes: It is amazing, and quite
disappointing, that after the sacrifices Ive made personally and professionally to
finally get Alabama a pro-business legislature, no one in the business community is
willing to work with me professionally to keep me there.); see also January 19,
2011 Email between Hubbard and Minda Riley Campbell, AG0786327-30,
attached hereto as Exhibit F (Hubbard writes: Maybe I need to resign as Speaker
and you and I, along with [Bob Riley], go into business.; Campbell responds:
But, you can't resign. You would lose your credibility after everything we did to
get you there. [A]nd God forbid, who would replace you?).

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B. Hubbard has not shown that any alleged selectivity in enforcement


was intentional.
Hubbards selective prosecution claim also fails because he has not shown
that any alleged selectivity in enforcement was intentional. This is fatal to his
claim because [i]ntentional and purposeful discrimination is essential to a
selective prosecution claim. Rickett v. Jones, 901 F.2d 1058, 1061 (11th Cir.
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1990).

As a threshold matter, because Hubbard has failed to demonstrate

selectivity as discussed above, he has necessarily failed to demonstrate that any


selectivity was intentional. The Motion is due to be denied for that reason alone.
Nevertheless, the State addresses Hubbards intentionality arguments in the
paragraphs that follow.
In his Motion, dated August 21, 2015, Hubbard contends that he was
intentionally selected as a target for prosecution in order to help Luther
Strange achieve his own political ambitions. Motion at 2. Hubbard then asserts
that [t]his intentional selection is best demonstrated by the fact that the Attorney
General is not prosecuting an individual in his own office who is guilty of the same
alleged criminal conduct for which Hubbard has been indicted, id., an apparent
reference to

By focusing his limited reference to

intentionality on that individual, Hubbard has effectively abandoned any argument


of selective prosecution based on

With respect to the former employee, Hubbard offers no evidence to show


that any decision to prosecute him instead of

(the threshold showing Hubbard

failed to make as described above) had anything to do with General Stranges


political ambitions. As Hubbard acknowledges in his Motion, Strange recused
himself from the investigation and prosecution of Hubbard. Motion at 2. While
Hubbard asserts that recusal does not matter, he offers no evidence to demonstrate
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that Acting Attorney General Van Davis, or any other member of the prosecution
team, intentionally targeted Hubbard for the purpose of furthering Stranges
political ambitions. Instead, the independent grand jurys indictment of Hubbard
on 23 Ethics Law violations, based on testimony from over 150 witnesses and
thousands of documents, belies Hubbards claims that this prosecution is motivated
by politics. Hubbards unsupported reference to the former employee, who is not
similarly situated to him in the first place, is insufficient to carry his burden to
show intentionality.
C. Hubbard has not shown that any alleged selectivity was motivated by
an unjustifiable standard such as race, religion, or other arbitrary
classification.
Hubbard likewise failed to show that any alleged selectivity was motivated
by an unjustifiable standard such as race, religion, or other arbitrary
classification. DeShazo v. City of Huntsville, 416 So. 2d 1100, 1103 (Ala. Crim.
App. 1982). [A]bsent such an invidious purpose, the mere exercise of some
selectivity by the government in instituting prosecutions is not itself a
constitutional violation. United States v. Greene, 697 F.2d 1229, 1234 (5th Cir.
1983). Again, because Hubbard failed to show selectivity (and intentionality) as
described above, he has necessarily failed to show that any selectivity was the
result of an improper motivation. The Motion is due to be denied on that basis

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alone. Nevertheless, the State addresses Hubbards improper-motivation arguments


in the paragraphs that follow.
Hubbard identifies only one unjustifiable motive for his prosecution,
asserting that General Strange wants to further his political career at Hubbards
expense. The only evidence Hubbard offers in support of his contention is a
speech given by U.S. Rep. Mike Rogers at Hubbards press conference following
his indictment. Rogers called Hubbard his closest personal friend and offered
his personal opinion that Hubbards prosecution was political and done by
someone [w]ho would like to be governor in four years that would love to get
Mike Hubbard out of the picture or at least skin him up real good so maybe hes
not as viable a candidate.

October 21, 2014 Hubbard Press Conference

Transcript, at p. 6, attached hereto as Exhibit G.6 Based solely on Rogerss speech,

Congressman Rogers full comments were as follows: Its my honor to be in Auburn. I


have had the privilege of representing Auburn in the United States Congress for the last 12 years,
and I am proud and honored to be your member of Congress. But Im also proud and honored to
be Mike Hubbards friend. Many of you know he is my closest personal friend. And if I didnt
feel so strongly about him, I wouldnt have cleared my schedule in two counties today to be here
for this event. You know, I have worked with Mike in the Legislature before I went to Congress,
and Ive had the chance to work with him over the last 12 years as your congressman to try to
make and keep Lee County one of the best communities in America in which to live. You know
he works hard for you. I can tell you from my time in the Legislature nobody works harder for
their home community than Mike Hubbard, and he does it with character and integrity that is
impeccable. Anybody thats worked with him knows that. I know that. I found that in my time
with him working as the congressman, not only for Lee County but the State of Alabama, to see
the great things hes done for our state. But when you do big things, you make enemies. And
unfortunately, thats whats happened here. Whats happening in this county is political. It
started two years ago. But if you had any doubt, the fact that it was dropped two weeks before
the election should answer that question. Now, you say, Mike, youre saying this is political, but
the Democrats arent doing this. And youre right. Think about this. Who would like to be
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Hubbard asserts in his Motion that there can be no doubt that Attorney General
Luther Strange considers Hubbard his chief rival in Stranges bid to become
governor. Motion at 4.
The speculation of Hubbards close personal friend at a press conference is
not evidence. Further, Rogerss comments merely parrot rumors that originated
with Hubbard.7 In other words, the only evidence Hubbard offers to meet his
burden of proof appears to be evidence he manufactured and then fed to a friend.
While such evidence (even if admissible) might be useful to establish that Hubbard
considers Strange his chief rival in some hypothetical future gubernatorial run, it
does not support the assertion in Hubbards Motion that Strange considers
Hubbard a rival for a gubernatorial run that is years away and that Strange has not
declared any intention of making.

governor in four years that would love to get Mike Hubbard out of the picture or at least skin him
up real good so maybe hes not as viable a candidate? Thats where youre going to find your
answer. Its not rocket science. Ill tell you what it is. Its Chicago-style gutter politics, and its
got no place in Lee County or the state of Alabama. And Im here to personally ask you two
weeks from now when you go to the polls, you send a loud and clear signal that you see through
it and youre not going to have it and youre going to re-elect Mike Hubbard. Ex. G, at pp. 47.
7

See Speaker Hubbard: Im under political attack, Patrick Johnston, Opelika-Auburn


News, April 10, 2014 (quoting Hubbard: When youre in my position and youre viewed as the
leader of the reforms, you take a lot of bullets from a lot of folks. They want me out of play
because they fear I may run for governor in 2018. That comes into play. There have even been
some that are jealous in the Republican Party that they arent the ones who led the takeover.
You make a lot of enemies when you take this job, unfortunately.) (emphasis added); see also
Bill Britt, Hubbard in Full Damage Control Promising Big Money/Threatened Lawsuits,
Alabama Political Reporter, Sept. 12, 2013 (Recently, Hubbard has told supporters that AG
Luther Strange is overly-ambitious and out to get him because he wants to be governor in
2018.).
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But even if General Strange had declared an intention to run for governor,
there is no evidence that General Strange authorized an investigation of Hubbard
because of any alleged but wholly unproven political rivalry. Instead, the grand
jurys indictment of Hubbard on 23 felony violations of the Ethics Law shows that
grounds existed to believe that Hubbard violated the Ethics Laws.8 See Attorney
General Luther Stranges Response to Deposition Via Written Interrogatories, filed
May 27, 2015, at 15 (The investigation concerned Mr. Hubbards potential
misappropriation of funds when he was the Chairman of the Republican Party
through his business, Craftmaster.); see also Indictment, Counts 1-4 (charging
Hubbard for using his office as Chairman of the Alabama Republican Party to
benefit himself, Craftmaster, and Auburn Network, in violation 36-25-5(a) of the
Alabama Ethics Act); States Response in Opposition to Hubbards Motion for
More Definite Statement, filed on February 27, 2015, at pp. 7-10.
General Stranges record shows that he is not selectively enforcing
the Alabama Ethics Law.

II.

It is unsurprising that Hubbard failed to meet his burden of showing any


element of a selective prosecution claim because Stranges record as Attorney
General shows consistent enforcement of the Ethics Law. General Strange was

Judge Shashys opinion dismissing a civil forfeiture petition related to the enforcement
of the States gambling laws at Victoryland, quoted in the Conclusion of Hubbards Motion,
obviously has no bearing on whether Hubbard has been selectively prosecuted in this criminal
case where he was indicted for violating the Ethics Laws.
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sworn into his office as the States Chief Law Enforcement Officer on January 19,
2011. Since that time, the Attorney Generals Office has prosecuted approximately
27 defendants for criminal violations of the Ethics Law. (See Exhibit H). The list
of those criminal defendants includes current and former state legislators, county
commissioners, state and county employees, a prosecutor, state troopers, police
officers, and various other appointed and elected public officials at all levels of
government who were charged with breaching the publics trust. Hubbards
assertion that the State cherry pick[ed] him for prosecution, Motion at 6, is
demonstrably wrong in light of General Stranges clear record of impartial and
steadfast enforcement of the Ethics Laws.
CONCLUSION
Since Hubbard has failed to carry his burden to support even one of the three
mandatory elements of his selective prosecution claim, the State of Alabama
respectfully requests that this Court deny Hubbards Motion to Dismiss for
Selective and Vindictive Prosecution.
Respectfully submitted this 21st day of September 2015.
W. VAN DAVIS
ACTING ATTORNEY GENERAL
/s/ Miles M. Hart
Miles M. Hart
Deputy Attorney General
Chief, Special Prosecutions Division
mhart@ago.state.al.us
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OF COUNSEL:
W. Van Davis
Supernumerary District Attorney,
Acting Attorney General
423 23rd St. North
Pell City, AL 35125-1740
vandclaw@centurylink.net
Michael B. Duffy
Deputy Attorney General
mduffy@ago.state.al.us
OFFICE OF THE ATTORNEY GENERAL
STATE OF ALABAMA
501 Washington Avenue
P.O. Box 300152
Montgomery, AL 36130-0152
(334) 242-7300
(334) 242-4890 FAX

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CERTIFICATE OF SERVICE
I hereby certify that I have, this the 21st day of September 2015,
electronically filed the foregoing using the AlaFile system which will send
notification of such filing to the following registered persons, and that those
persons not registered with the AlaFile system were served a copy of the foregoing
by U. S. mail:
J. Mark White, Esq.
Augusta Dowd, Esq.
William Bowen, Esq.
William Chambers Waller, Esq.
White Arnold & Dowd P.C.
2025 Third Avenue North, Suite 500
Birmingham, AL 35203
Phone: (205) 323-1888
FAX: (205) 323-8907
mwhite@whitearnolddowd.com
adowd@whitearnolddowd.com
wmbowen@whitearnolddowd.com
cwaller@whitearnolddowd.com
R. Lance Bell
Trussell Funderburg Rea & Bell, PC
1905 1st Ave South
Pell City, AL 35125-1611
lance@tfrblaw.com
Phillip E. Adams, Jr.
Adams White Oliver Short & Forbus LLP
205 S 9th Street
Opelika, Alabama 36801
Phone: (334) 745-6466
Fax: (334) 749-2800
padams@adamswhite.com
/s/ Miles M. Hart
Deputy Attorney General

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EXHIBIT A

From:
Sent:
To:
Subject:

Mike Hubbard <


>
10/4/2011 10:08:08 PM +00:00
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Re: FedEx

I sure hope so. I guess I am going to have to ask Gogue to press them. It's been 5 months of radio silence.
Sent from Mike Hubbard's BlackBerry
----- Original Message ----From: Bob Riley [mailto:
Sent: Tuesday, October 04, 2011 12:59 PM
To: Mike Hubbard
Subject: Re: FedEx

When will you know about IMG, do you think they will tell you Before the contract expires
On Oct 4, 2011, at 3:48 PM, Mike Hubbard <

> wrote:

> Governor
>
> Just met with FedEx. They are spooked about me being an elected official. Don't think they will do anything with me. At least I made
a contact with their top governmental affairs person.
>
> Plus, I suspect Ray Cole has told them to keep me out of gov't affairs since that's what he does for them.
>
> They said they would look for opportunities, but not hopeful.
>
> Been thinking about the sports agent stuff. If I did that, Auburn would be required to keep me away from their athletic program and
athletes. It may not be an issue if IMG turns down my proposal to contract with them.
>
> Had lunch w/ Bronczek prior to the FedEx meeting. He asked about you and told me to give you his regards.
>
> Mike
> Sent from Mike Hubbard's BlackBerry
>
> ----- Original Message ----> From: Bob Riley [mailto:
]
> Sent: Tuesday, October 04, 2011 08:20 AM
> To: Mike Hubbard
> Subject: Re: Ng
>
> Yep --- Austal is doing a BIG NATIONAL program that your PR firm could manage but --- same problem : the other idea though , I
believe should work
>
> On Oct 4, 2011, at 10:58 AM, Mike Hubbard <
> wrote:
>
>> OK. They have a full-time staff and have corporate sponsors. It's the Speakers' version of NGA. I was just appointed to the
Executive Committee by the Alaska Speaker (incoming President), so I hope to get in line to serve as President in a few years.
>>
>> The $120,000/year client for you is an on-line textbook and distance learning company. I will get you hooked up with the former
GOP Chairman from SC, who was trying to get me to do it. As usual, I can't.
>>
>> GB&R could always hire Auburn Network, Inc. to handle marketing. But as a lobbyist, you would have to disclose the business
relationship. I'm sure the Riley/Hubbard haters would make a deal about it.
>> Sent from Mike Hubbard's BlackBerry
>>
>> ----- Original Message ---->> From: Bob Riley [mailto:
]
>> Sent: Tuesday, October 04, 2011 07:09 AM
>> To: Mike Hubbard
>> Subject: Re: Ng
>>
>> Ask the Speakers group if they would like to have a former gov as a client
>>

AG0570048

>> On Oct 4, 2011, at 9:58 AM, Mike Hubbard <


> wrote:
>>
>>> Going up there with Billy and BCA. It's a National Association of Manufacturers deal and I am presenting the GBR award on
behalf of the state. Plus, he has set up some meetings with the U.S. Chamber, a Speaker's bureau (which I'm really not sure why) and
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we're having dinner with Jimmy McLaughlin tonight, the federal delegation tomorrow.
>>>
>>> My job is to say "GBR is brilliant and dynamic".
>>>
>>> Had a GREAT Caucus retreat Sunday night (Chairmen) and all day yesterday (full caucus). Caucus unanimously approved our
proposed agenda. We presented the latest statewide survey showing that people really like what we're doing, etc. We provided a book
with tons of background information which impressed everyone (of course, it is your old staff that makes me look good). Had a
freshman only meeting just with me which was well received. Ended with a fund-raiser for our Foundation and raised $60,000.
>>> Sent from Mike Hubbard's BlackBerry
>>>
>>> ----- Original Message ---->>> From: Bob Riley [mailto:
]
>>> Sent: Tuesday, October 04, 2011 06:29 AM
>>> To: Mike Hubbard
>>> Subject: Re: Ng
>>>
>>> DC _ why DC
>>>
>>> On Oct 4, 2011, at 9:24 AM, Mike Hubbard <
> wrote:
>>>
>>>> I think Beason needs to lay low and not get on my bad side. Plus, I believe Pemco has an operation in B'ham.
>>>>
>>>> Headed to DC now. Honored to present the "GBR Helping Alabama Award".
>>>> Sent from Mike Hubbard's BlackBerry
>>>>
>>>> ----- Original Message ---->>>> From: Bob Riley [mailto:
]
>>>> Sent: Tuesday, October 04, 2011 06:17 AM
>>>> To: Mike Hubbard
>>>> Subject: Re: Ng
>>>>
>>>> That's great-- hope Beason will not use it to prove a point
>>>>
>>>> On Oct 3, 2011, at 11:03 PM, Mike Hubbard <
> wrote:
>>>>
>>>>> Jason in my office is putting the bill in our system and getting it jacketed. Paul Lee from Dothan will sponsor. Del is getting
Jabo to handle in Senate. It is a priority.
>>>>> Sent from Mike Hubbard's BlackBerry
>>>>
>>>>
>>>>
>>>
>>>
>>
>>
>>
>
>

AG0570049

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EXHIBIT B

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From

Mike Hubbard

To

Brooke

Sent

1 26 2012 12 00 50

Subject

Update

Will

AM

Will
Enjoyed
proposed

seeing you on Tuesday

Good

On

another

My

employment runs out

on March

It

s ironic

the

businesses
Sent

news

the

House

GOP Caucus

unanimously

approved

our

immigration changes
note

did you ever

that
seem

from Mike

I
to

was
want

Hubbard

to

run across any company

architect
avoid

or companies interested

in my services

31
of

putting

any personal

a pro business legislature

association

with me like

the

in place

yet

plague

s iPhone

AGdoc0222027

Brooke 00198

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EXHIBIT C

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From: Mike Hubbard <
>
Sent: 4/8/2012 2:23:58 PM +00:00
To:
Bob Riley <
>
Re: Gov. Robert Bentley: 2003 tax plan 'the worst thing we ever tried to
Subject:
do'
Thank you, Governor. I really appreciate that.
I know that some of my fellow Speakers serve on corporate boards that pay them. 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.
I am thankful for my Risen Lord. Especially today And also for you - my friend,
mentor and role model.
Sent from Mike Hubbard's iPhone
On Apr 8, 2012, at 9:29 AM, "Bob Riley"

wrote:

I have a lunch meeting with Will next week(19th)-----He couldn't do it this week
On Sat, Apr 7, 2012 at 10:29 PM, Mike Hubbard
Governor:

wrote:

Do you think it would be worth my time to go visit with Lee Styslinger at Altec to see
if he may be willing to put Auburn Network, Inc. (me) on a retainer to assist with
marketing and sales? Maybe $5000-$7500 per month for me to make sales calls,
open doors, help with marketing, etc?
If you ever run into Will Brooke, please ask him if he has any other suggestions. I
was hoping that Harbert, Protective Life and others might be helpful but nothing as
of yet. I think they are all afraid that I will be a lightning rod or something.

Sent from Mike Hubbard's iPhone


On Apr 8, 2012, at 12:04 AM, "Bob Riley"

wrote:

well so much for staying on the sidelines


---------- Forwarded message ---------From: Brady McLaughlin
Date: Sat, Apr 7, 2012 at 3:49 PM
Subject: Gov. Robert Bentley: 2003 tax plan 'the worst thing we ever tried to do'
To: Bob Riley
, Rob Riley
http://blog.al.com/wire/2012/04/gov_robert_bentley_2003_tax_pl_1.html

AG0551790

DOCUMENT 367

EXHIBIT D

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EXHIBIT E

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EXHIBIT F

From:
Sent:
To:
Subject:

"Hubbard, Mike" <


>
1/19/2011 3:24:05 PM +00:00
DOCUMENT 367
Minda Campbell <
>
RE: Thank You

I have been summoned to Atlanta tomorrow for a 9 a.m. ET meeting to discuss my role and future with IMG. With my political activity
and the time it takes away from my job, I believe they see me as a salary they can eliminate. I've probably done too good a job at
hiring great people to run things for me here at the network.
-----Original Message----From: Minda Campbell [mailto:
Sent: Wednesday, January 19, 2011 9:08 AM
To: Hubbard, Mike
Subject: Re: Thank You

after auburn won the championship, i figured your job was golden!!! why do you think that?
i'm afraid we may have been too good at our mission.
i think dad would love to start some type of co. that included political/govt relations/econ dev. but there is no one to run the day to day
ops. he doesn't want to work that hard. i can't and be the wife and mother rob and the kids need. and i don't know anyone else who
would take the risk.
But, you can't resign. You would lose your credibility after everything we did to get you there. and God forbid, who would replace
you?
On Jan 19, 2011, at 8:50 AM, Hubbard, Mike wrote:
> I have the same feeling.
>
> Confidentially, I am afraid IMG, the company that bought our ISP, has a plan to get rid of me.
>
> Maybe I need to resign as Speaker and you and I, along with GBR, go into business.
> Sent from Mike Hubbard's BlackBerry
>
> ----- Original Message ----> From: Minda Campbell [mailto:
]
> Sent: Wednesday, January 19, 2011 09:40 AM
> To: Hubbard, Mike
> Subject: Re: Thank You
>
> me too. i woke up this morning with the strangest feeling.
>
> Since last Feb, it's always been something. Campaign 2010, Election Day, Thanksgiving, Christmas, Moving Out of the Mansion,
Farewell Week, Final Goodbyes, Disney, and now, nothing. I woke up today with no job left to do and no longer a Governor's
daughter.
>
> I'm beginning to think we worked too hard to get you the Speaker job. It would be great to be starting a group right now together.
But, everyone is splitting up. I have waited til Dad was safely out of office to even explore opps (no reason to risk it). I hope there are
still some left.
> On Jan 19, 2011, at 8:37 AM, Hubbard, Mike wrote:
>
>> Please tell him I said hello and that I miss him already. I had a sick feeling in my stomach all day Sunday and Monday.
>>
>> -----Original Message---->> From: Minda Campbell [mailto:
]
>> Sent: Wednesday, January 19, 2011 8:33 AM
>> To: Hubbard, Mike
>> Subject: Re: Thank You
>>
>> meeting with him tomm. now that he is out of office and i have no ethical constraints, i need to figure out my next step.
>>
>> it's been 9 years since i worked for anyone other than you or Dad. And I don't think I am going to like it one bit!!
>>

AG0786327

>> On Jan 19, 2011, at 8:31 AM, Hubbard, Mike wrote:


>>
>>> See you then. Have you spoken with GBR?
>>>
DOCUMENT 367
>>> -----Original Message---->>> From: Minda Campbell [mailto:
]
>>> Sent: Wednesday, January 19, 2011 8:28 AM
>>> To: Hubbard, Mike
>>> Subject: Re: Thank You
>>>
>>> ok. looking forward to seeing your new place friday!!
>>>
>>>
>>> On Jan 19, 2011, at 8:22 AM, Hubbard, Mike wrote:
>>>
>>>> The last day of the Regular Session is a bit of a moving target because of two and three day legislative work weeks that can
change, but tentatively it looks like 6/13/11 will be the last day.
>>>>
>>>> -----Original Message---->>>> From: Minda Campbell [mailto:
]
>>>> Sent: Tuesday, January 18, 2011 9:23 PM
>>>> To: Hubbard, Mike
>>>> Subject: Re: Thank You
>>>>
>>>> Last day?
>>>>
>>>> Sent from my iPhone
>>>>
>>>> On Jan 18, 2011, at 8:43 PM, "Hubbard, Mike" <
> wrote:
>>>>
>>>>> Thanks. We finished the Organizational Session today. First day of the Regular Session is March 1.
>>>>>
>>>>> -----Original Message---->>>>> From: Minda Campbell [mailto:
]
>>>>> Sent: Tuesday, January 18, 2011 8:38 PM
>>>>> To: Hubbard, Mike
>>>>> Subject: Fwd: Thank You
>>>>>
>>>>> Here you go. When is last day of session?
>>>>>
>>>>> Sent from my iPhone
>>>>>
>>>>> Begin forwarded message:
>>>>>
>>>>>
>>>>>
>>>>> From: "Hubbard, Mike" <
>
>>>>> Date: January 15, 2011 2:34:52 PM CST
>>>>> To:
>
>>>>> Subject: Fw: Thank You
>>>>>
>>>>>
>>>>>
>>>>> Confidential to Minda. I sent this to GBR yesterday. Just wanted you to see it. It is the truth.
>>>>> Sent from Mike Hubbard's BlackBerry
>>>>>
>>>>> ----- Original Message ---->>>>> From: Hubbard, Mike
>>>>> Sent: Friday, January 14, 2011 06:26 PM
>>>>> To: Bob Riley <
>
>>>>> Subject: Thank You
>>>>>
>>>>> Governor:
>>>>>
>>>>> I'm sorry I was not in town for your last day at the office. I am in DC at a conference for new Speakers (23 of the 50 are new,
19 of them Republican). But I have been thinking about you all day and, although sad about you not being in that office, I am thankful

AG0786328

for the opportunity to work with you for 8 years and play a small role in your success and legacy as the best governor in the history of
the state.
>>>>>
>>>>> I also appreciate the many other opportunities you have provided me and the confidence you have had in me. I hope I've never
DOCUMENT 367
let you down. At least I will always be the only legislator who voted with you 100% of the time! No one can ever take that title away
from me!
>>>>>
>>>>> I hope you know how much I love and respect you. I try every day to pattern myself after you as a husband, father, Christian
and as a public servant. That's a pretty lofty goal, but I try. If I can even come close, I will be happy.
>>>>>
>>>>> I also appreciate and value your friendship as well as the relationship with you entire family. Short of being a blood relative, I
feel pretty close to being in the Riley fold.
>>>>>
>>>>> I look forward to working with you on BR&A, a presidential campaign or anything else you decide to do and want\need my
assistance. To be honest, I'd prefer to work with you every day than be Speaker of the House.
>>>>>
>>>>> Please let me know when you and Mrs. Riley want to get out of the lake house and are available for dinner. My treat, because I
think we made it illegal for you to buy me dinner!
>>>>>
>>>>> Thanks for making me a part of your team.
>>>>>
>>>>> Mike
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Sent from Mike Hubbard's iPadThe preceding e-mail message
>>>>> (including any attachments) contains information that may be
>>>>> confidential, may be protected by the attorney-client or other
>>>>> applicable privileges, or may constitute non-public information.
>>>>> It is intended to be conveyed only to the designated recipient(s)
>>>>> named above. If you are not an intended recipient of this
>>>>> message, please notify the sender by replying to this message and
>>>>> then delete all copies of it from your computer system. Any use,
>>>>> dissemination, distribution, or reproduction of this message by
>>>>> unintended recipients is not authorized and may be unlawful.
>>>>>
>>>>>
>>>>>
>>>>> The preceding e-mail message (including any attachments) contains
>>>>> information that may be confidential, may be protected by the
>>>>> attorney-client or other applicable privileges, or may constitute
>>>>> non-public information. It is intended to be conveyed only to the
>>>>> designated recipient(s) named above. If you are not an intended
>>>>> recipient of this message, please notify the sender by replying to
>>>>> this message and then delete all copies of it from your computer
>>>>> system. Any use, dissemination, distribution, or reproduction of
>>>>> this message by unintended recipients is not authorized and may be
>>>>> unlawful.
>>>>>
>>>> The preceding e-mail message (including any attachments) contains
>>>> information that may be confidential, may be protected by the
>>>> attorney-client or other applicable privileges, or may constitute
>>>> non-public information. It is intended to be conveyed only to the
>>>> designated recipient(s) named above. If you are not an intended
>>>> recipient of this message, please notify the sender by replying to
>>>> this message and then delete all copies of it from your computer
>>>> system. Any use, dissemination, distribution, or reproduction of
>>>> this message by unintended recipients is not authorized and may be
>>>> unlawful.
>>>>
>>>
>>> The preceding e-mail message (including any attachments) contains
>>> information that may be confidential, may be protected by the

AG0786329

>>> attorney-client or other applicable privileges, or may constitute


>>> non-public information. It is intended to be conveyed only to the
>>> designated recipient(s) named above. If you are not an intended
>>> recipient of this message, please notify the sender by replying to
DOCUMENT 367
>>> this message and then delete all copies of it from your computer
>>> system. Any use, dissemination, distribution, or reproduction of
>>> this message by unintended recipients is not authorized and may be
>>> unlawful.
>>>
>>
>> The preceding e-mail message (including any attachments) contains
>> information that may be confidential, may be protected by the
>> attorney-client or other applicable privileges, or may constitute
>> non-public information. It is intended to be conveyed only to the
>> designated recipient(s) named above. If you are not an intended
>> recipient of this message, please notify the sender by replying to
>> this message and then delete all copies of it from your computer
>> system. Any use, dissemination, distribution, or reproduction of this
>> message by unintended recipients is not authorized and may be
>> unlawful.
>>
>
> The preceding e-mail message (including any attachments) contains
> information that may be confidential, may be protected by the
> attorney-client or other applicable privileges, or may constitute
> non-public information. It is intended to be conveyed only to the
> designated recipient(s) named above. If you are not an intended
> recipient of this message, please notify the sender by replying to
> this message and then delete all copies of it from your computer
> system. Any use, dissemination, distribution, or reproduction of this
> message by unintended recipients is not authorized and may be
> unlawful.
>
The preceding e-mail message (including any attachments)
contains information that may be confidential, may be protected
by the attorney-client or other applicable privileges, or may
constitute non-public information. It is intended to be conveyed
only to the designated recipient(s) named above. If you are not
an intended recipient of this message, please notify the sender
by replying to this message and then delete all copies of it
from your computer system. Any use, dissemination, distribution,
or reproduction of this message by unintended recipients is not
authorized and may be unlawful.

AG0786330

DOCUMENT 367

EXHIBIT G

DOCUMENT 367

1
1
2

STATE OF ALABAMA
ATTORNEY GENERAL'S OFFICE

3
4

IN THE MATTER OF

REPRESENTATIVE MIKE HUBBARD'S


INDICTMENT NEWS CONFERENCE

6
7
8
9
10
11
12
13

* * * * * * * * * * *
TAPE-RECORDED PRESS CONFERENCE ON

14

REPRESENTATIVE MIKE HUBBARD'S INDICTMENT,

15

transcribed from the tape recording by

16

Gwendolyn P. Timbie, Certified Court Reporter

17

and Commissioner for the State of Alabama at

18

Large, on January 5, 2015.

19

* * * * * * * * * * *

20
21
22
23

Dunn, King & Associates

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1

MR. WHITE:

This is politics at its

worst, and it's past time for this state

to stop using our criminal justice system

to advance a political candidate or a

political agenda.

UNIDENTIFIED SPEAKER:

MR. WHITE:

Amen.

This indictment seeks to

put a cloud not just over Mike and his

family, but also over some of the finest

10

citizens in this state that is repugnant

11

and that is offensive.

12

This indictment is an attack on

13

the public/private partnerships that have

14

made Alabama create jobs and advance

15

economic development.

16

an attack on the right of a private

17

citizen to make a private investment.

18

This indictment is an attack in an

19

attempt to place government control over

20

how political parties conduct their

21

personal activities and their use of

22

private money.

23

in this indictment that cannot be

Dunn, King & Associates

This indictment is

I have not seen anything

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3
1

defended and, yes, endorsed.

appropriate time and place, we will do

that and we will be ready.

At the

Speaker Hubbard, starting today,

is going to concentrate over the next two

weeks on his campaign, and our team is

going to concentrate on advancing this

case as quickly as possible.

is only appropriate -- and being a

I think it

10

graduate of the great institution that is

11

across the street -- for me to tell you

12

that our team will be running a hurry-up

13

offense.

14

I'm -- we're not going to let the

15

Speaker answer any questions about the

16

legal matters today, mainly because I

17

haven't had time to sit down and talk to

18

him since yesterday.

19

know what we are facing.

20

for the battle.

21

But now we finally


We are ready

But let me first do this for you.

22

Let me give you some answers.

23

Hubbard will not resign.

Dunn, King & Associates

Mike

Mike Hubbard
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1

will not step aside as Speaker.

As I indicated today, any

questions about this case, he will defer

to the legal team, and I will be here for

a little while after the last speaker.

The legal team is anxious and ready to go

on offense.

8
9

Mike, thank you for the privilege


of being your lawyer.

10

SPEAKER HUBBARD:

11

MR. WHITE:

Thank you.

Next, it is my privilege

12

to introduce to you Congressman Mike

13

Rogers.

14

REP. ROGERS:

It's my honor to be in

15

Auburn.

16

representing Auburn in the United States

17

Congress for the last 12 years, and I am

18

proud and honored to be your member of

19

Congress.

20

I have had the privilege of

But I'm also proud and honored to

21

be Mike Hubbard's friend.

22

know he is my closest personal friend.

23

And if I didn't feel so strongly about

Dunn, King & Associates

Many of you

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1

him, I wouldn't have cleared my schedule

in two counties today to be here for this

event.

You know, I have worked with Mike

in the Legislature before I went to

Congress, and I've had the chance to work

with him over the last 12 years as your

congressman to try to make and keep Lee

County one of the best communities in

10
11

America in which to live.


You know he works hard for you.

12

I can tell you from my time in the

13

Legislature nobody works harder for their

14

home community than Mike Hubbard, and he

15

does it with character and integrity that

16

is impeccable.

17

with him knows that.

18

found that in my time with him working as

19

the congressman, not only for Lee County

20

but the State of Alabama, to see the

21

great things he's done for our state.

22
23

Anybody that's worked


I know that.

But when you do big things, you


make enemies.

Dunn, King & Associates

And unfortunately, that's


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what's happened here.

in this county is political.

two years ago.

the fact that it was dropped two weeks

before the election should answer that

question.

What's happening
It started

But if you had any doubt,

Now, you say, Mike, you're saying

this is political, but the Democrats

aren't doing this.

And you're right.

10

Think about this.

11

governor in four years that would love to

12

get Mike Hubbard out of the picture or at

13

least skin him up real good so maybe he's

14

not as viable a candidate?

15

you're going to find your answer.

16

Who would like to be

That's where

It's not rocket science.

I'll

17

tell you what it is.

18

gutter politics, and it's got no place in

19

Lee County or the state of Alabama.

20

It's Chicago-style

And I'm here to personally ask

21

you two weeks from now when you go to the

22

polls, you send a loud and clear signal

23

that you see through it and you're not

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going to have it and you're going to

re-elect Mike Hubbard.

MR. WHITE:

Next I'd like to call on

the president of Auburn Chamber of

Commerce, Joe Donaldson.

MR. DONALDSON:

Good afternoon.

My

name is Joe Donaldson, and I'm a graduate

of Auburn University, a former

firefighter here in Auburn, as well as a

10

former United States marine.

11

I'm here today not only as a

12

friend of Mike Hubbard but also a local

13

businessman.

14

within the business community here in

15

Auburn, including the chairman of the

16

board for the Auburn Chamber of Commerce.

17

And over the years I've witnessed the

18

value Mike has brought to Lee County.

19

Whether you're a small mom and pop or a

20

large business, you always know that Mike

21

is going to consistently fight hard for

22

you.

23

I serve multiple capacities

If you take a look around you can

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see his determination.

examples, expansion of the airport and

Mike's constant support of what we in

Auburn put on a high standard, which is

quality education, not only K through 12

but Auburn University as well.

A couple of

I started my business from

scratch here in Auburn nearly ten years

ago.

The type of folks that I desire to

10

relocate -- or the type of folks that

11

relocate here due in part to Mike's

12

vision are not only my ideal client, but

13

every other businesses here in Auburn.

14

This doesn't happen without the

15

leadership of people like Mike Hubbard,

16

and I personally appreciate his work.

17

Like I said, as a former marine

18

and former firefighter, I know the folks

19

that I want to run into a burning

20

building with and I know that -- the type

21

of person I want to share a foxhole with,

22

and Mike Hubbard is one of them.

23

personally appreciate his work.

Dunn, King & Associates

And I

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2

Thank you.
MR. WHITE:

Next we're going to hear

from the mayor of the City of Auburn,

Mayor Ham.

Mayor, I am not the one that

scheduled you to follow Joe.

blame me.

8
9

MAYOR HAM:

So don't

Well, I'll tell you what.

I appreciate Joe and all the roles that

10

he just told you about, certainly having

11

been a firefighter in the City of Auburn

12

and serving our country and -- and

13

certainly as a businessman and heading up

14

our chamber of commerce.

15

the kinds of folks that support Mike.

16

So those are

And I'm honored to be here today

17

to support Mike and Susan and Clayte and

18

Riley and the family.

19

thank each of you gathered here today

20

for -- for what you do in the state of

21

Alabama to foster business and to foster

22

this state moving in the right direction.

23

And I want to

Now, I've been very fortunate

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over the last going on 17 years to serve

as the mayor of the City of Auburn.

serving as mayor -- and we've been very

fortunate.

and I -- what I mean by that is the good

fortunes that we've had -- and certainly

we've had stumbles like any other

community.

University, the good things that have

But

It's -- it's a team sport,

But the growth in Auburn

10

happened in this community -- we've been

11

fortunate to be named to many lists by

12

Forbes magazine and others for our

13

education, places to locate, new

14

businesses, young families, on and on and

15

on.

16

And we're very proud of that.


But it's a team effort and it's a

17

partnership.

18

of Mike Hubbard and his colleagues, we

19

would not enjoy the successes that we do,

20

whether collaborate -- in a collaborative

21

effort with Auburn University.

22

at a new medical school coming here.

23

look at GE Aviation and all that it

Dunn, King & Associates

And without the partnership

We look
We

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brings and the latest announcements from

GE Aviation.

And I've got to tell you that

this morning, a couple of hours ago, I

talked to my good friend, Gary Fuller,

the mayor of Opelika.

country.

can't stand here with me today.

shares the same sentiments that I do, the

10

partnerships and the great work that Mike

11

Hubbard has done in making Lee County as

12

progressive as it is and a great place to

13

live, work, and raise a family.

14
15
16
17
18
19

He is out of the

He regrets so much that he


But he

So thank you, Mike, and thank


you, Susan.
MR. WHITE:

I'd like to call on Tammy

Jones, who's a retired educator.


Tammy.
MS. JONES:

Thank you.

Good

20

afternoon.

21

am a retired educator in the state of

22

Alabama for 25 years.

23

My name is Tammy Jones, and I

I wanted to speak just a little

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bit this afternoon in support of what an

incredibly supportive leader Mike Hubbard

has been to the children of Lee County.

No one has worked harder to make sure

that we have the best schools not only in

the state but in the nation.

Even though I am retired, I did

serve as an educator in our local schools

for 25 years, and I saw firsthand day to

10

day the struggles and the challenges that

11

our teachers, administrators, students,

12

and parents face every day.

13

important education is in a community.

14

It truly takes the support of the entire

15

community to make great schools, but it

16

also takes leaders in a position to be

17

able to help.

18

We know how

We have been very fortunate in

19

Lee County to have the support of

20

Representative Mike Hubbard to get the

21

support and funding that we need to make

22

our schools great.

23

student who is in kindergarten or whether

Dunn, King & Associates

Whether you have a

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you have a student who is receiving their

PhD, Mike has worked hard to make sure

that we have facilities and funding to

provide our kids with a world-class

education.

Often when we have friends who

visit Auburn, they are just in awe of the

beauty of Auburn University.

Auburn is one of America's leading

And today

10

universities, and that is because of the

11

leadership of many, but including

12

Representative Mike Hubbard.

13

So I say all this as an educator

14

to say that the educators in this county

15

support Mike.

16

he's done for our schools and our school

17

system, and we look forward to working

18

with him for years to come.

19

We thank him for what

But I would be remiss if I did

20

not mention the fact that Mike is a

21

long-time family friend.

22

I have raised my children with Mike.

23

have lived as a neighbor with Mike.

Dunn, King & Associates

Excuse me.

And
I
I

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have gone to church with Mike over the

past 20 years.

And this is

heartbreaking.

And my -- my prayers and

support just go to be with Mike and

his -- his family during this time.

6
7

Thank you.
MR. WHITE:

And now I call upon Mac

McClendon, state representative, to make

a few remarks, and also -- Mac

10

McCutcheon.

11

Thank you.

12

You're absolutely right.


Thanks.

My apologies, Representative.

13

That's the problem with spending too much

14

time on 280.

15
16
17
18

Representative Mac McCutcheon, if


you'll introduce Mike also.
REP. MCCUTCHEON:

Thank you.

Thank you.

Well, good afternoon.

It's with

19

mixed emotions that myself and our

20

colleagues stand here with our Speaker,

21

Mike Hubbard, today.

22
23

But, Mr. Speaker, you're our


friend and you're our Speaker, and we

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support you in this.

For those of us in the

Legislature, especially in the House, we

have been watching this grand jury

investigate for way, way, way too long.

We have sat in wait looking to see what

the results would be.

a little strange to you, but from our

perspective, we're glad this day is here

And this may sound

10

because now we know the accusations

11

that's been made and we can go to work on

12

those things and settle this once and for

13

all.

14

Mr. Speaker, you have been a true

15

leader to us in Montgomery, and I mean

16

that.

17

have been fair, and you have been a true

18

leader when it comes to state government.

19

You have been a friend to us, you

Look at the things over the past

20

four years that we have done in this

21

state.

22

have saved money in our state government.

23

We have promoted economic growth.

Dunn, King & Associates

We have kept tax base low.

We

We
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have promoted legislation for moral

values.

And all of this has come under the

leadership of Mike Hubbard, Speaker of

the House.

We have done so many things.

And we applaud you for that.

I get to spend a lot of time with

Speaker Hubbard due to the fact that my

office is right next to his.

9
10

You know, you wouldn't let me


have that nice office on the fifth floor.

11

SPEAKER HUBBARD:

You can have it.

12

REP. MCCUTCHEON:

But in doing that,

13

I see the real Mike Hubbard, and the real

14

Mike Hubbard is what you know here in Lee

15

County.

16

County in this area.

17

economic growth that you're experiencing.

18

This man has worked hard for Lee


Look at the

The campaign this year has been

19

tough on him and his family.

20

lifted up prayers for him.

21

over a million dollars just through

22

the -- there was over a million dollars

23

spent against him to defeat him.

Dunn, King & Associates

We have
He has spent

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1

and here we are today because he has --

he has taken a stand for what is right

and good in Alabama.

need to see through all of this and look

to see the good things that he has done

in his leadership role.

And, therefore, we

Four years ago when we won the

majority in the Legislature as

Republicans, we looked back to Speaker

10

Mike Hubbard for his leadership in what

11

he has done for us.

12

with this, all of my colleagues here

13

stand -- we stand firm together because

14

we know when it comes to leadership that

15

we have got leadership in Speaker Mike

16

Hubbard, and we're going to stand with

17

him.

18

As we move forward

I hope in a couple of weeks when

19

election time comes that you here in Lee

20

County will realize what a gem, what a

21

blessing that you have in your

22

representative.

23

take on the task of running the House --

Dunn, King & Associates

Because not only does he

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1

and it can get very hectic -- and setting

goals for our state, he also takes time

to go and take care of his district and

the people that is -- that is in this

district that he loves so dearly.

So as we move forward with

this -- Susan, our prayers are with

y'all.

and we support you.

10

We love y'all and your family,

So at this time, I'm going to

11

introduce the Speaker of the House of

12

Representative, Mike Hubbard.

13
14

SPEAKER HUBBARD:

Thank you.

Thank

you so much.

15

First of all, I want to thank all

16

of you for attending the kick-off of the

17

final two weeks of my campaign.

18

you.

19

Thank

It's very kind of you.


Seriously, I tell you it means so

20

much to Susan and to me and to the boys

21

for the outpouring of support that we

22

have here today.

23

It just means so much for you in the

Dunn, King & Associates

I have my colleagues.

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middle of the week to drop everything

you're doing to drive from Huntsville,

Mobile, Tuscaloosa, Birmingham, all

points in between to be here.

tell you your support means more than you

will ever know.

amount.

8
9

And I'll

It means a tremendous

My friend Del Marsh, who is the


President Pro Tem of the Senate -- we

10

were partners together in the Republican

11

Party during the takeover.

12

absolutely love working with Del.

13

have a tremendous working relationship

14

between the House and the Senate.

15

talk every day, literally every day.

16

I'm proud that he is my partner and

17

partner with our caucus in -- in moving

18

the state forward.

19

And I
We

We
And

Most of all I want to thank my

20

friends and supporters who are here

21

today.

22

Thank you for taking the time to come out

23

here and show us your support.

Dunn, King & Associates

Thank you for believing in me.

It really
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does mean a tremendous amount, and I'll

never be able to thank you enough.

You know, I guess the question

today is why is all of this happening.

And it's a good question.

you why it's happening.

because we, all of us here in the House

of Representative and my colleagues in

the Senate -- we have made tremendous

And I'll tell


It's happening

10

changes in the state of Alabama over the

11

last four years.

12

monumental, substantive changes that

13

definitely is shaking up the status quo.

14

And during that -- that process, we have

15

angered some people who like things just

16

the way they are.

17

absolutely desperate to turn them back to

18

the way things were before we took over.

19

We have made

And they are

You look at the primary.

As Mac

20

said, a million dollars spent against me

21

in just the primary.

22

that they really don't like me, which I

23

guess is a good thing.

Dunn, King & Associates

I guess that means

I wear that with


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a badge of honor.

as much against Del.

3
4

They've spent almost

I think they dislike me more than


they dislike you, Del.

But that's the reason this is

happening, and -- and it's all about

putting a stop on the positive progress

that we are making in the state of

Alabama.

10

And look at what we've done here

11

in Lee County.

12

unemployment rate in the state.

13

one of the fastest growing areas of the

14

state.

15

in the state.

16

University is -- is absolutely one of the

17

greatest, the finest research

18

institutions in all of America.

19

have things going very well in the state

20

and in this county.

21

to change that?

22
23

We have the third lowest


We're

We have some of the best schools


Of course Auburn

So we

So why would we want

Well, again, there is a bigger


agenda out here.

Dunn, King & Associates

And over the next few


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weeks we will be finding out and exposing

why all of this is taking place, and why

is it that the Attorney General's Office

thinks that it's a crime to have a

business and thinks that you cannot do

business with anyone that you didn't know

before you were elected to office.

mean, it can be any one of us up here who

is standing facing this.

10

Obviously

that's on the wrong track.

11

But I can tell you that we are

12

working hard.

13

the 4th.

14

to make sure that we win this re-election

15

and that we have an opportunity to move

16

forward.

17

I'm focusing on November

That is the number one goal is

I look forward to continuing to

18

be the representative for House District

19

79, and I look forward to continuing

20

being the Speaker of the Alabama --

21

Alabama House of Representatives.

22
23

Finally, I want to thank my


family.

Dunn, King & Associates

I want to thank my wife Susan.


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1

She's the associate dean of the college

of human sciences.

career.

go through this.

and I've apologized for that.

She has her own

She doesn't deserve to have to


I have told her that

And -- and neither did my two

boys.

at Furhman University.

talked to him.

My son Clayte, who is a freshman


You know, I

He wants so badly to be

10

here to work on the campaign, but we told

11

him he has to work on his studies,

12

especially since we're paying for it over

13

there.

And my son Riley who is a mini

14

Mike.

He looks just like me and he acts

15

just like me.

16

in junior high school.

17

door-to-door campaigner.

18

that they're having to go through this.

19

And I had to sit down and talk to them

20

about what was taking place and try to

21

explain why it's taking place.

22

But I'll tell you what.

23

He's 14 years old.

wonderful family.

Dunn, King & Associates

He's

And he is my best
I'm so sorry

I have a

I appreciate them so
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much and -- and I appreciate you standing

by me as we go through this process.

I'm looking forward to the next

few weeks.

you know, our -- I respect the law, and

the Grand Jury Secrecy Act is the law.

Now, there have been leaks.

in the media know there have been more

leaks than the Titanic coming out of this

As was said, it's finally --

All of you

10

grand jury.

11

because I respect the law, and I'm not

12

going to break the law.

13

But I have not said anything

But now I'm able to defend myself

14

and I'm able to expose what has been

15

going on.

16

that, looking forward to clearing my

17

name, moving forward, working with these

18

ladies and gentlemen in the Legislature

19

to move Alabama forward.

And I'm looking forward to

20

So thank you very much.

21

questions about the legal, we'll turn

22

over to Mr. White.

23

And any

Thank you very much.

Dunn, King & Associates

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MR. WHITE:

Well, recognizing that

I've already gotten the PGA mixed up with

the GOP when I came out to introduce

Mike, I'll take just a few questions

but -- legal --

6
7

Phil.
MEDIA:

We particularly call this a

political witch hunt.

the witch hunt?

Who is conducting

Not the enemies.

But

10

who specifically is conducting the witch

11

hunt and why do you think they're

12

conducting it?

13

MR. WHITE:

Well, the -- the current

14

Acting Attorney General and his assistant

15

are the two individuals that are directly

16

involved in the process.

17

Don't get -- please understand

18

the difference between political and

19

partisan.

20

define this as Republican versus

21

Democrat, that is not what we're looking

22

at necessarily.

23

political process where someone -- you

Dunn, King & Associates

Because when somebody tries to

We're looking at a

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1

can have -- you can have a political

fight in a church.

political fight in your family.

have a political fight in your business.

You can have a


You can

But the fact that this is a

political witch hunt -- I think

Congressman said it better than anybody.

And I'm going to tell you something,

Phil.

You've been doing this a long

10

time.

If you can't identify the

11

individuals by name, I would be

12

surprised.

13

MEDIA:

You're talking about Attorney

14

General Luther Strange?

15

directly ask.

16

talking about?

17

MR. WHITE:

This is -- I

That is the person you're

I am talking about

18

General Strange and the people that are

19

working for him.

20

when General Strange is the Attorney

21

General and when he is not.

22

the legal issues that will be presented

23

have to do with that very issue.

Dunn, King & Associates

I cannot figure out

And some of

Because
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1

one day he says he's recused and then the

next day he writes a letter to Van Davis

and says thank you for reporting to me on

the Lee County Grand Jury.

It is sort of what my grandson

would call a hokey-pokey philosophy.

Because he puts his right foot in, then

he takes his right foot out.

know when he's Attorney General or when

10
11

And I never

he's not.
MEDIA:

When you're looking at the

12

indictment, you kind of outline the

13

systematic habitual pattern of abuse.

14

That seems to be anything more than just

15

a witch hunt.

16

MR. WHITE:

Well, let me give you

17

some comfort.

18

Because it outlines what appear to be

19

relatively few matters involving multiple

20

people that have -- are unprecedent in

21

being the subject of political

22

prosecution in -- of any prosecution in

23

this state.

Dunn, King & Associates

That's not how I see it.

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1

The Alabama Ethics Act has a

provision that got buried in it that says

the chairman and the co-chairman of the

political party is subject to the act.

There has never been an investigation to

my knowledge and I'm confident there's

never been a prosecution and no one has

ever proceeded under that provision until

now.

Because essentially you're talking

10

about the government trying to regulate

11

political activity.

12

that's as dangerous as anything you've

13

ever seen.

14

First Amendment issues having to do with

15

free speech, political association, and a

16

number of matters that fortunately a lot

17

of smart lawyers on the legal team have

18

told me about.

19

serious and make no mistake.

20

unprecedented.

21

multiplicity of counts that basically

22

reel off the names of some of the most

23

prominent, decent, private citizens in

Dunn, King & Associates

And that's what --

It is -- absolutely creates

And -- but they are


It is

As far as the

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1

this state, that is as chilling and as

frightening as anything I have ever seen.

Those people that are named in

there have -- have had a taint placed on

their name that is totally unfair.

How many people in here have made

a private investment that returned 6

percent?

that's what got them into that

That's what they did, and

10

indictment.

11

investment that returned 6 percent.

12

to taint the leaders of this state with

13

that kind of allegation in an

14

unprecedented manner creates a

15

multiplicity.

16

I wish I had a single


And

Is there a pattern of conduct in

17

that indictment?

18

of conduct by Mike Hubbard?

19

pattern of conduct by someone that has a

20

political agenda when they prosecute?

21

Yes.

22
23

Yes.

Is it a pattern
No.

Is it a

John.
MEDIA:

Dunn, King & Associates

You mentioned that you would


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1

be filing something soon regarding the

composition of the special prosecutors.

Is that -- how will that differ

substantially from what was filed in the

hearing in the case already?

6
7
8
9

MR. WHITE:

Well, I'm a lot younger

than Bill Baxley.


Now, seriously -- seriously,
John, one aspect that you will see real

10

quick is in the next several days or

11

whenever we -- we can pull it all

12

together as a package, you're going to

13

see us lift some of the secrecy -- or

14

attempt to lift some of the secrecy.

15

A person who is like Mike Hubbard

16

that is the subject of an investigation

17

of the grand jury has no rights.

18

when they seek to establish those

19

rights -- and that's one thing this state

20

ought to change.

21

if you're an American citizen and you're

22

being investigated by something that is

23

illegally constituted, do you get a day

Dunn, King & Associates

And

If you're American --

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1

in court?

person who has to try and raise any issue

while a grand jury is meeting is not

permitted to do that in a public filing.

Do you have that right?

But a

So one good thing that's coming

out of this is when I talk to my --

Mike's boys, particularly his oldest one,

and he says, have you really been doing

anything for Dad -- I look forward to

10
11
12
13

being vindicated very soon.


Hand.
MEDIA:

Yes, ma'am.
Is there any truth to these

charges at all?

14

MR. WHITE:

15

MEDIA:

Well, no.

What it boils down to whether

16

you guys say that these are false

17

allegations or do you say that what was

18

going on wasn't a crime?

19

MR. WHITE:

20

MEDIA:

21

MR. WHITE:

Yes.

Could you elaborate?


Well, you -- frankly,

22

you've done a good job of it.

23

not being facetious.

Dunn, King & Associates

And I'm

You've got two


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1

fundamental legal issues.

a matter of law -- as a matter of law, is

this conduct -- I'm going to look around

here at the people that make the law.

And what I'm looking at is I don't

believe if they thought that was the law

that they made, that they would be

standing here.

that are there, and there are significant

10

Number one, as

So there are legal issues

factual issues.

11

You're going to get some

12

information over the next two or three

13

weeks about the facts that you will find

14

very interesting.

15
16

I think that's a hand.


MEDIA:

Yes.

Is there any clear -- talking

17

about leaks related to the grand jury

18

investigation.

19

any idea where these leaks are coming

20

from?

21

Specifically, do you have

If so, where are they coming from?

MR. WHITE:

We, for the first time,

22

will be able to ask those questions.

23

leaks show up primarily in conversations

Dunn, King & Associates

The

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1

and then they show up in that land where

I really don't understand, the Internet

and those what I call blog people that

are out there.

And so those leaks --

And let me say this is not my

first rodeo.

someone says I have sources close to the

grand jury that have told me X, Y, and Z,

I think that sounds like a leak.

But by way of example, when

There

10

are people who have come forward to raise

11

those leak issues.

12

But one of the problems that is

13

so fundamental to this investigation is

14

not only do these folks think they can

15

investigate anybody and everybody, that

16

when someone like Sonny Reagan comes up

17

and makes the allegations he did, they

18

say, well, we're going to investigate

19

our self.

20

is going to shine on that.

21

And that -- the light of day

Yes, ma'am.

22

MEDIA:

23

and Susan?

Dunn, King & Associates

What can we do to help Mike

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1

MR. WHITE:

Well, you're doing it

right now.

your support, your vote.

legal guy, but I would say that these

guys -- these folks back here are pretty

much -- I think that's it.

Your prayers, your thoughts,


Well, I'm the

His -- Mike has got to

concentrate the next two weeks on the

campaign.

We know what we've got to do.

10

Our legal team met last night, early this

11

morning, and on the way down here.

12

so we've got our mission laid out for us.

13

But I tell you one thing.

And

You

14

can remember this.

15

same person you knew the day before

16

yesterday as the person that some people

17

tried to suggest was somebody else

18

yesterday.

19

MEDIA:

Mike Hubbard is the

You mentioned a 6 percent

20

return on businesses.

21

specifically to the allegations in the

22

indictment of the investments -- four

23

investments of $150,000 each in

Dunn, King & Associates

Are you referring

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1

Craftmasters?

you're specifically referring to, or is

there other -- other businesses you're

referring to?

MR. WHITE:

MEDIA:

MR. WHITE:

MEDIA:

MR. WHITE:

Is that -- is that what

Yes.

So Craftmasters, sir?
Uh-huh.

Craftmasters?
Uh-huh.

10

MEDIA:

Thank you.

11

MEDIA:

I don't have a legal

12

question.

13

for you and your wife.

14

much thought did you give to -- to

15

stepping away from politics and

16

resigning?

Mr. Speaker, I have a question

17

MS. HUBBARD:

18

SPEAKER HUBBARD:

How -- how -- how

Zero.
I've never thought

19

about it.

20

outside forces determine who the

21

Representative is for House District 79

22

or who the Speaker of the House is.

23

MEDIA:

Dunn, King & Associates

I'm not going to let any

(Unintelligible) -- witch
334-263-0261

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1

hunt.

there other entities involved?

3
4

Is this just the AG's office or is

MR. WHITE:
facetious.

Yes.

I'm not being

Stand by.

Yes, sir.

MEDIA:

A lot has been said about the

timing as it regards the general

election.

information -- or getting any information

Do you suspect having any

10

back that could inform voters about the

11

AG's office if that is, in fact, your --

12

your mission here before the election?

13

MR. WHITE:

Trying to get a hearing

14

in two weeks -- I'll just be as candid

15

with you as possible -- is very, very

16

difficult, which is one reason why, if

17

you have a political agenda, you make

18

those charges that close to the election.

19

I'm going to take one more.

20
21
22
23

Yes,

sir.
MEDIA:

Sir, you talked a little bit

about how -MR. WHITE:

Dunn, King & Associates

That makes me feel old.


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37
1
2

Can't you just call me Mark?


MEDIA:

You talked about how you were

frightened and chilled by the number of

names you saw on that indictment.

MR. WHITE:

MEDIA:

Right.

But were you surprised that

you saw it, or did you have any

expectations that any of the grand jury

would rattle off that many names on

10
11

(unintelligible)?
MR. WHITE:

One of the problems we've

12

had for the last two years is getting the

13

answer to a basic question.

14

this about?

15

charges?

16

what is the factual basis for what it is

17

you're investigating?

18

success in hearing that.

19

So what is

So -- so what are these

What -- what are they?

What --

And we have had no

I don't know that I'm surprised

20

by much at this age in life.

21

probably tell you that as a practitioner

22

of the law and a citizen of this state, I

23

was disappointed, not in Mike Hubbard,

Dunn, King & Associates

I would

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1

but I was disappointed in that our

justice system is being totally abused

and misused.

4
5

Thank you very much.


* * END OF PROCEEDINGS * *

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

Dunn, King & Associates

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1

REPORTER'S CERTIFICATE

STATE OF ALABAMA

MONTGOMERY COUNTY

I, Gwendolyn P. Timbie, Certified

Court Reporter and Commissioner for the State

of Alabama at Large, hereby certify that on

Monday, January 5, 2015, I reported the

TAPE-RECORDED PROCEEDINGS in the matter of

the foregoing cause, and that pages 2 through

10

38 contain a true and accurate transcription

11

of said proceedings.

12

I further certify that I am neither

13

kin nor of counsel to the parties to said

14

cause, nor in any manner interested in the

15

results thereof.

16

This 5th day of January 2015.

17
18

20

/s/Gwendolyn P. Timbie
GWENDOLYN P. TIMBIE, COURT REPORTER
And Commissioner for the
State of Alabama at Large
CCR 172, Expires 9/30/15

21

MY COMMISSION EXPIRES:

19

3/10/17

22
23

Dunn, King & Associates

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40
WORD INDEX
<$>
$150,000 34:23
<1>
10 39:21
12 4:17 5:7 8:5
14 23:15
15 39:20
17 10:1 39:21
172 39:20
<2>
2 39:9
20 14:2
2015 1:18 39:7,
16
25 11:22 12:9
280 14:14
<3>
3 39:21
30 39:20
38 39:10
<4>
4th 22:13
<5>
5 1:18 39:7
5th 39:16
<6>
6 29:7, 11 34:19
<7>
79 22:19 35:21
<9>
9 39:20
<A>
able 12:17 20:2
24:13, 14 32:22
absolutely 14:10
19:12 20:17
21:16 28:13
abuse 27:13

abused 38:2
accurate 39:10
accusations 15:10
Act 24:6 28:1, 4
Acting 25:14
activities 2:21
activity 28:11
acts 23:14
administrators
12:11
advance 2:4, 14
advancing 3:7
afternoon 7:6
11:20 12:1 14:18
age 37:20
agenda 2:5
21:23 29:20
36:17
ago 6:3 8:9
11:4 17:7
AG's 36:1, 11
airport 8:2
ALABAMA 1:1,
17 2:14 5:20
6:19 9:21 11:22
17:3 20:10 21:9
22:20, 21 24:19
28:1 39:2, 6, 19
allegation 29:13
allegations 31:17
33:17 34:21
Amen 2:6
Amendment
28:14
America 5:10
21:18
American 30:20,
21
America's 13:9
amount 19:7
20:1
angered 20:15
announcements
11:1
answer 3:15 6:5,
15 37:13
answers 3:22
anxious 4:6
Anybody 5:16

Dunn, King & Associates

26:7 33:15
apologies 14:12
apologized 23:5
appear 27:18
applaud 16:5
appreciate 8:16,
23 9:9 23:23
24:1
appropriate 3:2, 9
area 16:16
areas 21:13
aside 4:1
aspect 30:9
assistant 25:14
associate 23:1
association 28:15
attack 2:12, 16, 18
attempt 2:19
30:14
attending 18:16
ATTORNEY 1:2
22:3 25:14
26:13, 20 27:9
Auburn 4:15, 16
7:4, 8, 9, 15, 16
8:4, 6, 8, 13 9:3,
11 10:2, 8, 21
13:7, 8, 9 21:15
Aviation 10:23
11:2
awe 13:7
<B>
back 17:9 20:17
34:5 36:10
badge 21:1
badly 23:9
base 15:21
basic 37:13
basically 28:21
basis 37:16
battle 3:20
Baxley 30:7
beauty 13:8
believe 32:6
believing 19:21
best 5:9 12:5
21:14 23:16
better 26:7

big 5:22
bigger 21:22
Bill 30:7
Birmingham 19:3
bit 12:1 36:21
blame 9:7
blessing 17:21
blog 33:3
board 7:16
boils 31:15
boys 18:20 23:7
31:7
break 24:12
brings 11:1
brought 7:18
building 8:20
buried 28:2
burning 8:19
business 7:14, 20
8:7 9:21 22:5, 6
26:4
businesses 8:13
10:14 34:20 35:3
businessman 7:13
9:13
<C>
call 7:3 11:16
14:7 25:7 27:6
33:3 37:1
campaign 3:6
16:18 18:17
23:10 34:9
campaigner 23:17
candid 36:14
candidate 2:4
6:14
capacities 7:13
care 18:3
career 23:3
case 3:8 4:3
30:5
caucus 19:17
cause 39:9, 14
CCR 39:20
certainly 9:10, 13
10:6
CERTIFICATE
39:1

334-263-0261

DOCUMENT 367

41
Certified 1:16
39:4
certify 39:6, 12
chairman 7:15
28:3
challenges 12:10
Chamber 7:4, 16
9:14
chance 5:6
change 21:21
30:20
changes 20:10, 12
character 5:15
charges 31:13
36:18 37:15
Chicago-style
6:17
children 12:3
13:22
chilled 37:3
chilling 29:1
church 14:1 26:2
citizen 2:17
30:21 37:22
citizens 2:10
28:23
City 9:3, 11 10:2
Clayte 9:17 23:7
clear 6:22 32:16
cleared 5:1
clearing 24:16
client 8:12
close 33:7 36:18
closest 4:22
cloud 2:8
co-chairman 28:3
collaborate 10:20
collaborative
10:20
colleagues 10:18
14:20 17:12
18:22 20:8
college 23:1
come 13:18 16:3
19:22 33:10
comes 15:18
17:14, 19 33:16
comfort 27:17

coming 10:22
24:9 31:5 32:19,
20
Commerce 7:5,
16 9:14
COMMISSION
39:21
Commissioner
1:17 39:5, 19
communities 5:9
community 5:14
7:14 10:8, 10
12:13, 15
composition 30:2
concentrate 3:5,
7 34:8
conduct 2:20
29:16, 18, 19 32:3
conducting 25:8,
10, 12
CONFERENCE
1:5, 13
confident 28:6
Congress 4:17, 19
5:6
Congressman
4:12 5:8, 19 26:7
consistently 7:21
constant 8:3
constituted 30:23
contain 39:10
continuing 22:17,
19
control 2:19
conversations
32:23
counsel 39:13
counties 5:2
country 9:12
11:7
counts 28:21
County 5:9, 19
6:2, 19 7:18
11:11 12:3, 19
13:14 16:15, 16
17:20 21:11, 20
27:4 39:3
couple 8:1 11:4
17:18
course 21:15

Dunn, King & Associates

Court 1:16 31:1


39:5, 18
Craftmasters
35:1, 6, 8
create 2:14
creates 28:13
29:14
crime 22:4 31:18
criminal 2:3
current 25:13
<D>
Dad 31:9
dangerous 28:12
Davis 27:2
day 12:9, 10, 12
15:9 19:15, 15
27:1, 2 30:23
33:19 34:15
39:16
days 30:10
dean 23:1
dearly 18:5
decent 28:23
defeat 16:23
defend 24:13
defended 3:1
defer 4:3
define 25:20
definitely 20:13
Del 19:8, 12
21:2, 4
Democrat 25:21
Democrats 6:8
deserve 23:3
desire 8:9
desperate 20:17
determination 8:1
determine 35:20
development 2:15
differ 30:3
difference 25:18
difficult 36:16
direction 9:22
directly 25:15
26:15
disappointed
37:23 38:1
dislike 21:3, 4

district 18:3, 5
22:18 35:21
doing 6:9 16:12
19:2 26:9 31:8
34:1
dollars 16:21, 22
20:20
Donaldson 7:5, 6,
7
door-to-door
23:17
doubt 6:3
drive 19:2
drop 19:1
dropped 6:4
due 8:11 16:7
<E>
early 34:10
economic 2:15
15:23 16:17
education 8:5
10:13 12:13 13:5
educator 11:17,
21 12:8 13:13
educators 13:14
effort 10:16, 21
elaborate 31:20
elected 22:7
election 6:5
17:19 36:8, 12, 18
emotions 14:19
endorsed 3:1
enemies 5:23
25:9
enjoy 10:19
entire 12:14
entities 36:2
especially 15:3
23:12
essentially 28:9
establish 30:18
Ethics 28:1
event 5:3
everybody 33:15
example 33:6
examples 8:2
Excuse 13:21
expansion 8:2
expectations 37:8

334-263-0261

DOCUMENT 367

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experiencing
16:17
Expires 39:20, 21
explain 23:21
expose 24:14
exposing 22:1
<F>
face 12:12
facetious 31:23
36:4
facilities 13:3
facing 3:19 22:9
fact 6:4 13:20
16:7 26:5 36:11
facts 32:13
factual 32:10
37:16
fair 15:17
false 31:16
families 10:14
family 2:9 9:18
11:13 13:21
14:5 16:19 18:8
22:23 23:23 26:3
far 28:20
fastest 21:13
feel 4:23 36:23
fifth 16:10
fight 7:21 26:2,
3, 4
figure 26:19
filed 30:4
filing 30:1 31:4
final 18:17
finally 3:18
22:22 24:4
find 6:15 32:13
finding 22:1
finest 2:9 21:17
firefighter 7:9
8:18 9:11
firm 17:13
first 3:21 18:15
28:14 32:21 33:6
firsthand 12:9
floor 16:10
focusing 22:12
folks 8:9, 10, 18

9:15 33:14 34:5


follow 9:6
foot 27:7, 8
Forbes 10:12
forces 35:20
foregoing 39:9
former 7:8, 10
8:17, 18
fortunate 9:23
10:4, 11 12:18
fortunately 28:16
fortunes 10:6
forward 13:17
17:11 18:6
19:18 22:16, 17,
19 24:3, 15, 16,
17, 19 31:9 33:10
foster 9:21, 21
found 5:18
four 6:11 15:20
17:7 20:11 34:22
foxhole 8:21
frankly 31:21
free 28:15
freshman 23:7
friend 4:21, 22
7:12 11:5 13:21
14:23 15:16 19:8
friends 13:6
19:20
frightened 37:3
frightening 29:2
Fuller 11:5
fundamental 32:1
33:13
funding 12:21
13:3
Furhman 23:8
further 39:12
<G>
Gary 11:5
gathered 9:19
GE 10:23 11:2
gem 17:20
General 25:14
26:14, 18, 20, 21
27:9 36:7
GENERAL'S 1:2

Dunn, King & Associates

22:3
gentlemen 24:18
getting 36:9
37:12
give 3:22 27:16
35:14
glad 15:9
go 4:6 6:21
14:4 15:11 18:3
23:4, 18 24:2
goal 22:13
goals 18:2
going 3:5, 7, 14
6:15 7:1, 1, 21
9:2 10:1 17:16
18:10 21:19
24:12, 15 26:8
30:12 31:18
32:3, 11 33:18,
20 35:19 36:19
good 6:13 7:6
10:5, 9 11:5, 19
14:18 17:3, 5
20:5, 23 31:5, 22
GOP 25:3
gotten 25:2
government 2:19
15:18, 22 28:10
governor 6:11
graduate 3:10
7:7
grand 15:4 24:6,
10 27:4 30:17
31:3 32:17 33:8
37:8
grandson 27:5
great 3:10 5:21
11:10, 12 12:15,
22
greatest 21:17
growing 21:13
growth 10:8
15:23 16:17
guess 20:3, 21, 23
gutter 6:18
guy 34:4
guys 31:16 34:5
Gwendolyn 1:16
39:4, 18, 18

<H>
habitual 27:13
Ham 9:4, 8
Hand 31:11
32:15
happen 8:14
happened 6:1
10:10
happening 6:1
20:4, 6, 6 21:6
hard 5:11 7:21
13:2 16:15 22:12
harder 5:13 12:4
heading 9:13
hear 9:2
hearing 30:5
36:13 37:18
heartbreaking
14:3
hectic 18:1
help 12:17 33:22
high 8:4 23:16
hokey-pokey 27:6
home 5:14
honor 4:14 21:1
honored 4:18, 20
9:16
hope 17:18
hours 11:4
House 15:3 16:5
17:23 18:11
19:14 20:7
22:18, 21 35:21,
22
Hubbard 3:4, 23,
23 4:10 5:14
6:12 7:2, 12
8:15, 22 10:18
11:11 12:2, 20
13:12 14:21
16:4, 7, 11, 13, 14
17:10, 16 18:12,
13 29:18 30:15
34:14 35:17, 18
37:23
HUBBARD'S 1:5,
14 4:21
human 23:2

334-263-0261

DOCUMENT 367

43
hunt 25:8, 9, 11
26:6 27:15 36:1
Huntsville 19:2
hurry-up 3:12

issues 26:22
28:14 32:1, 8, 10
33:11
its 2:1

<I>
idea 32:19
ideal 8:12
identify 26:10
illegally 30:23
impeccable 5:16
important 12:13
including 7:15
13:11
incredibly 12:2
indicated 4:2
INDICTMENT
1:5, 14 2:7, 12,
15, 18, 23 27:12
29:10, 17 34:22
37:4
individuals 25:15
26:11
inform 36:10
information
32:12 36:9, 9
institution 3:10
institutions 21:18
integrity 5:15
interested 39:14
interesting 32:14
Internet 33:2
introduce 4:12
14:16 18:11 25:3
investigate 15:5
33:15, 18
investigated 30:22
investigating
37:17
investigation 28:5
30:16 32:18
33:13
investment 2:17
29:7, 11
investments
34:22, 23
involved 25:16
36:2
involving 27:19
issue 26:23 31:2

<J>
January 1:18
39:7, 16
job 31:22
jobs 2:14
Joe 7:5, 7 9:6, 9
John 29:22 30:9
Jones 11:17, 19,
20
junior 23:16
jury 15:4 24:6,
10 27:4 30:17
31:3 32:17 33:8
37:8
justice 2:3 38:2
<K>
keep 5:8
kept 15:21
kick-off 18:16
kids 13:4
kin 39:13
kind 18:18
27:12 29:13
kindergarten
12:23
kinds 9:15
knew 34:15
know 3:19 4:22
5:4, 11, 17 7:20
8:18, 20 12:12
15:10 16:9, 14
17:14 19:6 20:3
22:6 23:8 24:5,
8 27:9 34:9
37:19
knowledge 28:6
knows 5:17
<L>
ladies 24:18
laid 34:12
land 33:1
Large 1:18 7:20

Dunn, King & Associates

39:6, 19
latest 11:1
law 24:5, 6, 11,
12 32:2, 2, 4, 6
37:22
lawyer 4:9
lawyers 28:17
leader 12:2
15:15, 18
leaders 12:16
29:12
leadership 8:15
13:11 16:4 17:6,
10, 14, 15
leading 13:9
leak 33:9, 11
leaks 24:7, 9
32:17, 19, 23 33:4
Lee 5:8, 19 6:19
7:18 11:11 12:3,
19 16:14, 15
17:19 21:11 27:4
legal 3:16 4:4, 6
24:21 25:5
26:22 28:17
32:1, 8 34:4, 10
35:11
legislation 16:1
Legislature 5:5,
13 15:3 17:8
24:18
letter 27:2
life 37:20
lift 30:13, 14
lifted 16:20
light 33:19
lists 10:11
literally 19:15
little 4:5 11:23
15:8 36:21
live 5:10 11:13
lived 13:23
local 7:12 12:8
locate 10:13
long 15:5 26:9
long-time 13:21
look 7:23 10:21,
23 13:17 15:19
16:16 17:4
20:19 21:10

22:17, 19 31:9
32:3
looked 17:9
looking 15:6
24:3, 15, 16
25:21, 22 27:11
32:5
looks 23:14
lot 16:6 28:16
30:6 36:6
loud 6:22
love 6:11 18:8
19:12
loves 18:5
low 15:21
lowest 21:11
Luther 26:14
<M>
ma'am 31:11
33:21
Mac 14:7, 9, 15
20:19
magazine 10:12
majority 17:8
making 11:11
21:8
man 16:15
manner 29:14
39:14
marine 7:10 8:17
Mark 37:1
Marsh 19:8
MATTER 1:4
32:2, 2 39:8
matters 3:16
27:19 28:16
mayor 9:3, 4, 5, 8
10:2, 3 11:6
McClendon 14:8
McCutcheon
14:10, 15, 17
16:12
mean 10:5 15:15
20:1 22:8
means 18:19, 23
19:5, 6 20:21
media 24:8 25:7
26:13 27:11
29:23 31:12, 15,

334-263-0261

DOCUMENT 367

44
20 32:16 33:22
34:19 35:6, 8, 10,
11, 23 36:6, 21
37:2, 6
medical 10:22
meeting 31:3
member 4:18
mention 13:20
mentioned 29:23
34:19
met 34:10
middle 19:1
MIKE 1:5, 14
2:8 3:22, 23 4:8,
12, 21 5:4, 14
6:7, 12 7:2, 12,
18, 20 8:15, 22
9:15, 17 10:18
11:10, 14 12:2,
20 13:2, 12, 15,
20, 22, 23 14:1, 4,
16, 21 16:4, 13,
14 17:10, 15
18:12 23:14
25:4 29:18
30:15 33:22
34:7, 14 37:23
Mike's 8:3, 11
31:7
million 16:21, 22
20:20
mini 23:13
mission 34:12
36:12
mistake 28:19
misused 38:3
mixed 14:19 25:2
Mobile 19:3
mom 7:19
Monday 39:7
money 2:22
15:22
Montgomery
15:15 39:3
monumental
20:12
moral 16:1
morning 11:4
34:11

move 17:11 18:6


22:15 24:19
moving 9:22
19:17 24:17
multiple 7:13
27:19
multiplicity 28:21
29:15
<N>
name 7:7 11:20
24:17 26:11 29:5
named 10:11
29:3
names 28:22
37:4, 9
nation 12:6
nearly 8:8
necessarily 25:22
need 12:21 17:4
neighbor 13:23
neither 23:6
39:12
never 20:2 27:8
28:5, 7 35:18
new 10:13, 22
NEWS 1:5
nice 16:10
night 34:10
November 22:12
number 22:13
28:16 32:1 37:3
<O>
Obviously 22:9
offense 3:13 4:7
offensive 2:11
OFFICE 1:2
16:8, 10 22:3, 7
36:1, 11
old 23:15 36:23
oldest 31:7
once 15:12
Opelika 11:6
opportunity 22:15
ought 30:20
outline 27:12
outlines 27:18
outpouring 18:21

Dunn, King & Associates

outside 35:20
<P>
package 30:12
pages 39:9
parents 12:12
part 8:11
particularly 25:7
31:7
parties 2:20
39:13
partisan 25:19
partner 19:16, 17
partners 19:10
partnership
10:17, 17
partnerships 2:13
11:10
Party 19:11 28:4
pattern 27:13
29:16, 17, 19
paying 23:12
people 8:15 18:4
20:15 26:18
27:20 29:3, 6
32:4 33:3, 10
34:16
percent 29:8, 11
34:19
permitted 31:4
person 8:21
26:15 30:15
31:2 34:15, 16
personal 2:21
4:22
personally 6:20
8:16, 23
perspective 15:9
PGA 25:2
PhD 13:2
Phil 25:6 26:9
philosophy 27:6
picture 6:12
place 2:19 3:2
6:18 11:12 22:2
23:20, 21
placed 29:4
places 10:13
please 25:17
points 19:4

political 2:4, 5, 20
6:2, 8 25:8, 18,
23 26:1, 3, 4, 6
27:21 28:4, 11,
15 29:20 36:17
politics 2:1 6:18
35:15
polls 6:22
pop 7:19
position 12:16
positive 21:7
possible 3:8
36:15
practitioner 37:21
prayers 14:3
16:20 18:7 34:2
presented 26:22
president 7:4
19:9
PRESS 1:13
pretty 34:5
primarily 32:23
primary 20:19, 21
private 2:13, 16,
17, 22 28:23 29:7
privilege 4:8, 11,
15
Pro 19:9
probably 37:21
problem 14:13
problems 33:12
37:11
proceeded 28:8
PROCEEDINGS
38:5 39:8, 11
process 20:14
24:2 25:16, 23
progress 21:7
progressive 11:12
prominent 28:23
promoted 15:23
16:1
prosecute 29:20
prosecution
27:22, 22 28:7
prosecutors 30:2
proud 4:18, 20
10:15 19:16
provide 13:4

334-263-0261

DOCUMENT 367

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provision 28:2, 8
public 2:13 31:4
pull 30:11
put 2:8 8:4
puts 27:7
putting 21:7
<Q>
quality 8:5
question 6:6
20:3, 5 35:12, 12
37:13
questions 3:15
4:3 24:21 25:4
32:22
quick 30:10
quickly 3:8
quo 20:13
<R>
raise 11:13 31:2
33:10
raised 13:22
rate 21:12
rattle 37:9
ready 3:3, 19 4:6
Reagan 33:16
real 6:13 16:13,
13 30:9
realize 17:20
really 19:23
20:22 31:8 33:2
reason 21:5
36:16
receiving 13:1
recognizing 25:1
recording 1:15
recused 27:1
reel 28:22
re-elect 7:2
re-election 22:14
referring 34:20
35:2, 4
regarding 30:1
regards 36:7
regrets 11:7
regulate 28:10
related 32:17
relationship 19:13

relatively 27:19
relocate 8:10, 11
remarks 14:9
remember 34:14
remiss 13:19
REP 4:14 14:17
16:12
reported 39:7
Reporter 1:16
39:5, 18
REPORTER'S
39:1
reporting 27:3
REPRESENTATI
VE 1:5, 14 12:20
13:12 14:8, 12,
15 17:22 18:12
20:8 22:18 35:21
Representatives
22:21
representing 4:16
Republican 19:10
25:20
Republicans 17:9
repugnant 2:10
research 21:17
resign 3:23
resigning 35:16
respect 24:5, 11
results 15:7
39:15
retired 11:17, 21
12:7
return 34:20
returned 29:7, 11
right 2:16 6:9
9:22 14:10 16:8
17:2 27:7, 8
31:1 34:2 37:5
rights 30:17, 19
Riley 9:18 23:13
rocket 6:16
rodeo 33:6
Rogers 4:13, 14
role 17:6
roles 9:9
run 8:19
running 3:12
17:23

Dunn, King & Associates

<S>
sat 15:6
saved 15:22
saw 12:9 37:4, 7
saying 6:7
says 27:1, 3 28:2
31:8 33:7
schedule 5:1
scheduled 9:6
school 10:22
13:16 23:16
schools 12:5, 8,
15, 22 13:16
21:14
science 6:16
sciences 23:2
scratch 8:8
Secrecy 24:6
30:13, 14
see 5:20 6:23
8:1 15:6 16:13
17:4, 5 27:17
30:9, 13
seek 30:18
seeks 2:7
seen 2:22 28:13
29:2
self 33:19
Senate 19:9, 14
20:9
send 6:22
sentiments 11:9
serious 28:19
Seriously 18:19
30:8, 8
serve 7:13 10:1
12:8
serving 9:12 10:3
setting 18:1
settle 15:12
shaking 20:13
share 8:21
shares 11:9
shine 33:20
show 19:23
32:23 33:1
signal 6:22
significant 32:9
single 29:10

sir 35:6 36:5, 20,


21
sit 3:17 23:19
skin 6:13
small 7:19
smart 28:17
somebody 25:19
34:17
son 23:7, 13
Sonny 33:16
soon 30:1 31:10
sorry 23:17
sort 27:5
sound 15:7
sounds 33:9
sources 33:7
speak 11:23
SPEAKER 2:6
3:4, 15 4:1, 5, 10
14:20, 22, 23
15:14 16:4, 7, 11
17:9, 15 18:11,
13 22:20 35:12,
18, 22
special 30:2
specifically 25:10
32:18 34:21 35:2
speech 28:15
spend 16:6
spending 14:13
spent 16:20, 23
20:20 21:1
sport 10:4
stand 11:8 14:20
17:2, 13, 13, 16
36:4
standard 8:4
standing 22:9
24:1 32:8
started 6:2 8:7
starting 3:4
STATE 1:1, 17
2:2, 10 5:20, 21
6:19 9:20, 22
11:21 12:6 14:8
15:18, 21, 22
18:2 19:18
20:10 21:8, 12,
14, 15, 19 27:23

334-263-0261

DOCUMENT 367

46
29:1, 12 30:19
37:22 39:2, 5, 19
States 4:16 7:10
status 20:13
step 4:1
stepping 35:15
stop 2:3 21:7
strange 15:8
26:14, 18, 20
street 3:11
strongly 4:23
struggles 12:10
student 12:23
13:1
students 12:11
studies 23:11
stumbles 10:7
subject 27:21
28:4 30:16
substantially 30:4
substantive 20:12
success 37:18
successes 10:19
suggest 34:17
support 8:3 9:15,
17 12:1, 14, 19,
21 13:15 14:4
15:1 18:9, 21
19:5, 23 34:3
supporters 19:20
supportive 12:2
sure 12:4 13:2
22:14
surprised 26:12
37:6, 19
Susan 9:17
11:15 18:7, 20
22:23 33:23
suspect 36:8
system 2:3 13:17
38:2
systematic 27:13
<T>
taint 29:4, 12
take 7:23 17:23
18:3 25:4 36:19
taken 17:2
takeover 19:11

takes 12:14, 16
18:2 27:8
talk 3:17 19:15
23:19 31:6
talked 11:5 23:9
36:21 37:2
talking 26:13, 16,
17 28:9 32:16
Tammy 11:16, 18,
20
tape 1:15
TAPE-RECORDE
D 1:13 39:8
task 17:23
tax 15:21
teachers 12:11
team 3:6, 12 4:4,
6 10:4, 16 28:17
34:10
tell 3:11 5:12
6:17 9:8 11:3
18:19 19:5 20:5
22:11 23:22
26:8 34:13 37:21
Tem 19:9
ten 8:8
thank 4:8, 10
9:1, 19 11:14, 14,
19 13:15 14:6,
11, 16, 17 18:13,
13, 15, 17 19:19,
21, 22 20:2
22:22, 23 24:20,
23 27:3 35:10
38:4
Thanks 14:11
thereof 39:15
thing 20:23
30:19 31:5 34:13
things 5:21, 22
10:9 15:12, 19
16:2 17:5 20:15,
18 21:19
think 3:8 6:10
21:3 25:11 26:6
32:15 33:9, 14
34:6
thinks 22:4, 5
third 21:11

Dunn, King & Associates

thought 32:6
35:14, 18
thoughts 34:2
three 32:12
Timbie 1:16
39:4, 18, 18
time 2:2 3:2, 17
5:12, 18 14:5, 14
16:6 17:19 18:2,
10 19:22 26:10
32:21
timing 36:7
Titanic 24:9
today 3:4, 16 4:2
5:2 7:11 9:16,
19 11:8 13:8
14:21 17:1
18:22 19:21 20:4
told 9:10 23:4,
10 28:18 33:8
totally 29:5 38:2
tough 16:19
track 22:10
transcribed 1:15
transcription
39:10
tremendous 19:6,
13 20:1, 9
tried 34:17
tries 25:19
true 15:14, 17
39:10
truly 12:14
truth 31:12
try 5:8 23:20
31:2
trying 28:10
36:13
turn 20:17 24:21
Tuscaloosa 19:3
two 3:5 5:2 6:3,
4, 21 18:17 23:6
25:15 31:23
32:12 34:8
36:14 37:12
type 8:9, 10, 20
<U>
Uh-huh 35:7, 9

understand 25:17
33:2
unemployment
21:12
unfair 29:5
unfortunately
5:23
UNIDENTIFIED
2:6
Unintelligible
35:23 37:10
United 4:16 7:10
universities 13:10
University 7:8
8:6 10:9, 21
13:8 21:16 23:8
unprecedent
27:20
unprecedented
28:20 29:14
use 2:21
<V>
value 7:18
values 16:2
Van 27:2
versus 25:20
viable 6:14
vindicated 31:10
vision 8:12
visit 13:7
vote 34:3
voters 36:10
<W>
wait 15:6
want 8:19, 21
9:18 18:15
19:19 21:20
22:22, 23
wanted 11:23
wants 23:9
watching 15:4
way 15:5, 5, 5
20:16, 18 33:6
34:11
wear 20:23
week 19:1
weeks 3:6 6:4,
21 17:18 18:17

334-263-0261

DOCUMENT 367

47
22:1 24:4 32:13
34:8 36:14
well 7:9 8:6 9:8
14:18 21:19, 22
25:1, 13 27:16
30:6 31:14, 21
33:18 34:1, 3
went 5:5
we're 3:14 9:2
10:15 15:9
17:16 21:12
23:12 25:21, 22
33:18
we've 10:3, 6, 7,
10 21:10 34:9,
12 37:11
WHITE 2:1, 7
4:11 7:3 9:2
11:16 14:7
24:22 25:1, 13
26:17 27:16
30:6 31:14, 19,
21 32:21 34:1
35:5, 7, 9 36:3,
13, 23 37:5, 11
wife 22:23 35:13
win 22:14
wish 29:10
witch 25:8, 9, 10
26:6 27:15 35:23
witnessed 7:17
won 17:7
wonderful 23:23
work 5:6 8:16,
23 11:10, 13
15:11 23:10, 11
worked 5:4, 16
12:4 13:2 16:15
working 5:18
13:17 19:12, 13
22:12 24:17
26:19
works 5:11, 13
world-class 13:4
worst 2:2
writes 27:2
wrong 22:10

y'all 18:8, 8
year 16:18
years 4:17 5:7
6:3, 11 7:17 8:8
10:1 11:22 12:9
13:18 14:2
15:20 17:7
20:11 23:15
37:12
yesterday 3:18
34:16, 18
young 10:14
younger 30:6
<Z>
Zero 35:17

<Y>

Dunn, King & Associates

334-263-0261

DOCUMENT 367

EXHIBIT H

DEFENDANTS NAME

DATE OF
ETHICS LAW
INDICTMENT STATUTE CHARGED

COURT

CASE NUMBER

DISPOSITION
Directed Verdict

Bailey, Frank

6/11/2010

36-25-11 (1 Count)
36-25-5 (a) (1 Count)

Etowah County
Circuit Court

CC-2010-549.01-05

Barron, Lowell

4/19/2013

36-25-6 (2 Counts)

Dekalb County
Circuit Court

CC-2013-00077

Indictments
Dismissed

CC-2011-572

Guilty Plea

Bollinger, Timothy Frank

Bruister, Roy Hugh

8/1/2011

08/22/2014

36-25-5(a) (4 Counts)
36-25-6 (1 Count)

36-25-5(a) (1 count)

Marshall County Circuit


Court

Marshall County
Circuit Court

CC-2014-561.00

Use of
Contributions
Guilty Plea
Intentional Use
of Official
Position for
Personal Gain
1 count
36-25-5(a)

Chavers, Danny

11/08/2013

36-25-5(a) (3 counts)

Autauga County
Circuit Court

CC-2013-000289

Guilty Plea
Use of Office for
Personal Gain 2
counts
36-25-5(a)
Theft I
3 counts
13A-8-3

Page 1 of 7

DEFENDANTS NAME
Davis, Amy

DATE OF
ETHICS LAW
INDICTMENT STATUTE CHARGED
04/15/2011

36-25-5(a) (15 counts)

COURT
Elmore County
Circuit Court

CASE NUMBER
CC-2011-0274

DISPOSITION
Guilty Verdict
Use of Official
Position for
Personal Gain
10 counts
(36-25-5(a)
Misuse of
Information 19
counts
(41-9-601)

Dees, Jonathan

Ellison, Tim

2/10/2012

11/04/2013

13A-8-4(a) (1 count)
36-25-5(a) (1 count)
36-25-5(c) (1 count)

Baldwin County
Circuit Court

36-25-5(a) (1 count)

Elmore County
Circuit Court

CC-2012-261

Guilty Plea
Use of Position for
Personal Gain
1 count
36-25-5(c)

CC-2013-000578

Guilty Plea
Theft of Property
nd
2 Degree
1 count
13A-8-4
Theft of Property
rd
3 Degree
1 count
13A-8-5
Use of Official

Page 2 of 7

DEFENDANTS NAME

DATE OF
ETHICS LAW
INDICTMENT STATUTE CHARGED

COURT

CASE NUMBER

DISPOSITION
Position or Office
for Personal Gain
1 count
36-25-5(a)

Grissett, Kenneth

Harmon, Mack

2/9/2012

11/8/2013

13A-8-4 (1 count)
36-25-5(a) (1 count)
36-25-5(c) (1 count)

Tuscaloosa County
Circuit Court

36-25-5(a) (1 count)

Autauga County Circuit


Court

CC-2012-374

Guilty Plea
Theft of Property
nd
2 Degree
13A-8-4 ( 1 count)

CC-2013-000287

Guilty Verdict
Use of Official
Position for
Personal Gain

Johnson, Jill

4/19/2013

36-25-6 (2 Counts)

Masters, Joey

11/06/2013
(Complaint)

36-25-5(a) (1 count)

DeKalb County
Circuit Court
Marshall County
District Court

CC:2013-00078
DC-2013-001481

Indictments
Dismissed
Guilty Plea
Use of position
for personal gain
1 count
36-25-5(a)

McKinney, William

01/11/2013

36-25-5(a) (1 count)

Elmore County
Circuit Court

CC-2013-000083

Guilty Plea
Unlawful use of a
credit card
1 count
13A-9-14

Page 3 of 7

DEFENDANTS NAME
Mitchell, Yancey Joe III

DATE OF
ETHICS LAW
INDICTMENT STATUTE CHARGED
11/04/2013

36-15-62.1 (1 count)
36-25-5 (1 count)

COURT
Elmore County
Circuit Court

CASE NUMBER
CC-2013-000578

DISPOSITION
Guilty Plea
Theft of Property
rd
3 Degree
1 count
13A-8-5
Use of Official
Position or Office
for Personal Gain
1 count
36-25-5(a)

Norton, Myrtle

02/28/2012

36-25-5(a) (1 count)

St. Clair County


Circuit Court

CC-2012-000102

Guilty Plea
Theft in First
Degree
1 count
13A-8-3

Sims, Deborah Kay

03/14/2014

36-25-5(a) (1 count)

Madison County
Circuit Court

CC-2014-001206

Guilty Plea
Theft of Property
st
1
1 count
13A-8-3

Snellgrove, Bobby

Stallworth, Terry

12/12/2013

36-25-5(a) (2 Counts)

Houston County
Circuit Court

CC-2013-001710

Not Guilty
Verdict

3/9/2012

13A-8-4(a) (1 count)
36-215-5(a) (1 count)

Mobile County
Circuit Court

CC-2012-1226

Guilty Plea
Use of Position for

Page 4 of 7

DEFENDANTS NAME

DATE OF
ETHICS LAW
INDICTMENT STATUTE CHARGED

COURT

CASE NUMBER

DISPOSITION
Personal Gain
36-25-5(a)

Stone, Deann

8/20/2013

36-25-5(a) ( 3 Counts)
36-25-5(c) (1 Count)
36-25-7(b) (1 Count)

Montgomery County
Circuit Court

CC- 2013-00998

Guilty Verdict
(All counts)

Stone, Raymond Dave

8/13/2013

36-25-5(a) (3 Counts)
36-25-5(c) (1 Count)
36-25-7(b) (1 Count)

Montgomery County
Circuit Court

CC:2013-00999

Guilty Verdict
(All counts)

11/08/2013

36-25-5(a) (1 count)

Autauga County
Circuit Court

CC-2013-000288

Guilty Plea

Stoudemire, Ernest

Use of Official
Office for
Personal Gain 1
count
36-25-5(a)

Teel, Frank

6/11/2010

36-25-11 (1 Count)
36-25-5(a) (1 Count)

Etowah County
Circuit Court

CC-2010-549.06-10

Directed Verdict

Teel, Ryan

6/11/2010

36-25-11 (1 Count)
36-25-5(a) (1 Count)

Etowah County
Circuit Court

CC-2010-549.11-15

Directed Verdict

Page 5 of 7

DEFENDANTS NAME
Tyson, Richard Wayne

DATE OF
ETHICS LAW
INDICTMENT STATUTE CHARGED
08/26/2013

36-25-5(a) (1 count)

COURT
Russell County
Circuit Court

CASE NUMBER
CC-2013-000645

DISPOSITION
Guilty Plea
Use of Official
Office for
Personal Gain 1
count
36-25-5(a)

Warren, Melody

09/03/2014

36-25-5(a) (1 count)

Calhoun County
Circuit Court

CC-2014-002001

Guilty Plea
Theft of Property
nd
2
1 count
13A-8-3

Watson, Monica

08/03/2011

36-25-5(a) (1 count)

Escambia County
Circuit Court

CC-2011-000529

Guilty Plea
Use of Office for
Personal Gain 1
count
36-25-5(a)
Forgery Second
Degree
1 count
13A-9-3

Page 6 of 7

DEFENDANTS NAME
Wren, Greg David

DATE OF
ETHICS LAW
INDICTMENT STATUTE CHARGED
03/31/2014

36-25-5(a) (1 count)

COURT
Montgomery County
District Court

CASE NUMBER
DC-2014-000809

DISPOSITION
Guilty Plea
Use of Official
Position for
Personal Gain 1
count
36-25-5(a)

Page 7 of 7