A State's Response To Hubbard's Selective and Vindictive Prosecution Motion (FILED COPY)

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
)
)
)
)
)
)
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)
)
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
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
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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
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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?
>>>
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>>> -----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
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>>> 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
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>>> 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
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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
334-263-0261
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2
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
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.
Mike
Mike Hubbard
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4
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
Many of you
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5
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.
And unfortunately, that's

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6
1
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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1
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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8
1
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.
And I
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1
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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10
1
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
And without the partnership
We look
We
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11
1
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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12
1
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
Whether you have a
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13
1
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.
Excuse me.
And
I
I
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14
1
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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15
1
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.
We have kept tax base low.
We
We
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1
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.
We have
He has spent
And -334-263-0261
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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 --
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
I have my colleagues.
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1
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.
Thank you for believing in me.
It really
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1
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.
I guess that means
I wear that with

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1
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.
And over the next few

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1
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.
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.
He's
And he is my best
I'm so sorry
I have a
I appreciate them so
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1
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.
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1
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
Because when somebody tries to
We're looking at a
334-263-0261
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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.
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.
That's not how I see it.
334-263-0261
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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
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:
You mentioned that you would

334-263-0261
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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
And
If you're American --
334-263-0261
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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.
And I'm
You've got two

334-263-0261
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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
The
334-263-0261
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33
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?
What can we do to help Mike
334-263-0261
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34
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
Are you referring
334-263-0261
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35
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:
I'm not going to let any
(Unintelligible) -- witch
334-263-0261
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36
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:
That makes me feel old.

334-263-0261
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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,
I would
334-263-0261
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38
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
334-263-0261
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39
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
334-263-0261
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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
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
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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
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
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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
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
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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
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,
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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
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
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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
<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
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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
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>
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
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
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
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
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
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
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

A State's Response To Hubbard's Selective and Vindictive Prosecution Motion (FILED COPY)

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A State's Response To Hubbard's Selective and Vindictive Prosecution Motion (FILED COPY)

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DOCUMENT 367

IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

MICHAEL GREGORY HUBBARD,

CASE NO. CC-2014-000565

STATES RESPONSE TO HUBBARDS MOTION TO DISMISS BASED

Hubbards Motion fails to state a prima facie claim of selective

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

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

enforcement priorities, and the cases relationship to the Governments overall

that he contends are similarly

Because none of these

individuals are similarly situated to Hubbard, his prosecutorial misconduct claim

None of the charges against Hubbard have anything to do with

See Indictment; see also States Response in

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

stands in stark contrast to the

Hubbard solicited Canary,

was seeking employment

opportunities for the express purpose of keeping and exercising

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

In other words, Hubbard solicited lobbyists and principals on numerous

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

As a threshold matter, because Hubbard has failed to demonstrate

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

By focusing his limited reference to

intentionality on that individual, Hubbard has effectively abandoned any argument

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

(the threshold showing Hubbard

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

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

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

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

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

Mike Hubbard <

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

seeing you on Tuesday

employment runs out

did you ever

run across any company

a pro business legislature

Sent from Mike Hubbard's iPhone

well so much for staying on the sidelines

"Hubbard, Mike" <

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

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

REPRESENTATIVE MIKE HUBBARD'S

REPRESENTATIVE MIKE HUBBARD'S INDICTMENT,

transcribed from the tape recording by

Gwendolyn P. Timbie, Certified Court Reporter

and Commissioner for the State of Alabama at

Large, on January 5, 2015.

Dunn, King & Associates

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

This indictment seeks to

put a cloud not just over Mike and his

family, but also over some of the finest

citizens in this state that is repugnant

and that is offensive.