2 weeks ago

AG Marshall: DOJ report highlighting abuses within Alabama prisons an effort to prejudice public opinion, including members of the legislature

During an appearance on Alabama Public Television’s “Capitol Journal” on Friday, Alabama Attorney General Steve Marshall criticized the Justice Department for the timing and nature of a report released last week highlighting deficiencies throughout the Alabama Department of Corrections’ prison system.

According to a report released last week, “systemic unconstitutional conditions” exist throughout Alabama’s prison system, and it cited abuses, some of which were very graphic.

Marshall called some of the findings in the report “dated,” and he suggested it could impede the progress that is underway within the Alabama Department of Corrections (ADOC) to resolve those matters.


“A couple of things for me — I was very disappointed in how the report was released and more importantly the heavy-handed nature in which the Department of Justice talked about resolution as well as the progress we’ve made thus far in trying to find an amicable resolution between both parties,” he said. “The information in that report, much of which is dated, also does not include the significant efforts made by the department to be able to remedy some of the issues that’s been identified. We, throughout on behalf of the state, have acknowledged that there are areas we need to improve, that there are parts of the system we want very much want to work through and improve for the conditions of the inmates, as well as the guards. But yet, demanding that we engage in a settlement through a consent decree — almost dictating the terms that would allow a third party out of Washington or in California or New York to control the pocketbook of the state of Alabama — I’m not going to allow that to happen.”

Marshall detailed efforts between the state and federal governments to find a resolution, and pointed to improvements made to the Julia Tutwiler Prison for Women in Wetumpka, which was also once under the scrutiny of the federal government, as proof the state of Alabama was capable.

“I think we are absolutely on a path, and it gives the public a misimpression as to what is being done to remedy these particular issues,” Marshall said. “You know, the other thing is I also thought we were on a path with regard to the resolution of this matter. We’ve had over 50 in-person meetings. We’ve had multiple telephone calls. We’ve had 14 Zoom meetings during the COVID process. We’ve shared 50-plus drafts of proposals back and forth among the parties. And we’ve done that in a less than a year period that we’ve had that discussion because we didn’t get initial settlement proposal from the Department of Justice until almost two-and-a-half months from when we received the initial letter. So, we continue to work hard. We want to remedy this problem. What I wished the Department of Justice would have done is what I’ve proposed back in 2017, and that is there is no need for a lengthy investigation. We could sit down and be able to acknowledge where the areas of deficiencies were and work together to try to resolve it. We did that successfully at Tutwiler, where it is now a model prison. Now, I thought that we could have done that more quickly and more effectively had we taken that approach from the beginning.”

Alabama’s top law enforcement official said one of the results of the Justice Department’s report was that it had prejudiced opinion, including members of the legislature.

“We had no knowledge it was coming out until shortly beforehand,” Marshall added. “Didn’t have an opportunity to even review it before it was given to the public, as well as an opportunity to be able to specifically respond to information that was either dated or what we believe is not accurate. And so what that report has simply done is prejudice many, including those in the legislature, to believe things that are simply not true about our corrections system as well as the efforts we’ve made this far in trying to resolve this amicably with the Department of Justice.”

He maintained the state of Alabama would proceed with efforts but added the ultimate goal was to avoid a consent decree from the Department of Justice.

“I think we’re going to continue to push forward with negotiations and do it in good faith,” Marshall said. “But again, to the extent that a consent decree, which would allow for monitors and a federal judge to have control over our Department of Corrections for what may be a period after I’m on this earth is not something that I’m going to allow. And we saw the very clear policy the Department of Justice when [U.S. Attorney General Jeff] Sessions was there is consent decrees are not something except in exceptional circumstances. We think that we have the ability as we have proven through Tutwiler to correct issues that we’ve identified and to be able to do it correctly and believe that we can reach a resolution that is not in the form of a consent decree but is acceptable to both parties.”

Marshall also explained the report’s findings, some of which he reiterated were not “new news,” had resulted in actions taken by the ADOC, adding that in some cases included criminal charges.

“They’re not new news,” he replied. “And, in fact, proactively the Department of Corrections has taken actions against individuals including charging guards with crimes. They’ve done their job to make sure they remedy what is a clear violation, not only of policy but of law. But to some extent, my concern is the graphic nature to which that is described was an effort by the Department of Justice to prejudice public opinion in a way to put pressure on us to do something that we shouldn’t do for the best interests for the state of Alabama. I don’t litigate that way, and I’m not going to litigate that way. At the same time, I’m going to be strong for the people of Alabama to make sure that we don’t allow the federal bureaucrats to try to take over our corrections system.”

@Jeff_Poor is a graduate of Auburn University and the University of South Alabama, the editor of Breitbart TV, a columnist for Mobile’s Lagniappe Weekly and host of Huntsville’s “The Jeff Poor Show” from 2-5 p.m. on WVNN.

2 hours ago

7 Things: College students with coronavirus will be isolated, PPP saved 672,861 jobs, State Rep. Dismukes has another bad day and more …

7. Fauci is already looking at coronavirus next year

  • Dr. Anthony Fauci has predicted that the coronavirus is going to be something that we live with for a while since it’s unlikely that we’ll be able to completely get rid of it due to how “highly transmissible” it is.
  • Fauci said that we need a “combination of a good vaccine and attention to public health measures,” and he doesn’t mean more shutdowns, but we could be wearing masks and social distancing for quite some time. Fauci added that “by the time we get through 2021 and go around for another cycle that we’ll have this under control.”

6. No plans to clean the Madison County monument

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  • Madison County Commission Chair Dale Strong has addressed the issue of the vandalized Confederate monument outside the Madison County courthouse in downtown Huntsville, saying, “It will be left as is for now.”
  • Strong clarified that there are no plans to clean the monument currently, adding, “[It] would not be right to ask county employees to do it.”

5. Democrats don’t want a deal

  • As negotiations continue between Republicans and Democrats over another coronavirus relief bill, U.S. Senator Richard Shelby (R-AL) has said, “Democrats might not want a deal, politically.”
  • There’s further evidence that House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) have minimal intention of reaching a deal. White House chief of staff Mark Meadows has said that four offers have been made that include $600 per week unemployment benefits, but Pelosi and Schumer have rejected each offer and given no counteroffers.

4. Majority favor mask order

  • A new poll released by Hill-HarrisX shows that among registered voters, 82% would support a national mask mandate, with 61% strongly supporting and 21% somewhat supporting.
  • The age groups of 18-34 and 50-64 showed 81% support a mandate, and those in the 35-49 and 65 and over age range show 83% support a mandate, but even 66% of Republicans, 93% of Democrats and 85% of independents support a mandate.

3. Arrest warrant issued for Will Dismukes

  • State Representative Will Dismukes (R-Prattville) was ordered to report to authorities by 4:00 p.m. on Thursday per an arrest warrant issued for first-degree theft of property, which is a Class B felony. It is alleged that Dismukes stole well over $2,500 from his former employer Weiss Flooring.
  • The issue has been investigated since May 20, and the business owners were the ones who brought the allegation forward. The illegal activity is said to have happened “from 2016 to 2018,” according to Montgomery County District Attorney Daryl Bailey. Governor Kay Ivey commented on the arrest, saying, “If true, it is disappointing when a public official, elected with the confidence of the people, abuses that trust.”

2. Paycheck Protection Program saved a lot of jobs

  • It’s estimated that the Paycheck Protection Program managed to save 672,861 jobs throughout Alabama, according to a new analysis released by Business.org. Nationally, there were more than 50.9 million jobs saved.
  • There have been more than 700,000 Alabamians file for unemployment since the coronavirus pandemic started, but last week has been the lowest for unemployment claims since March with 11,692.

1. Beds being prepared to isolate college students

  • College students are returning to campuses across the state, and everyone has to be tested before classes resume. The University of Alabama board of trustees has decided to spend $1.2 million to rent out 252 apartment beds so that they will have beds free on campus in the event that students test positive and need to be isolated.
  • Their plan will free up 450 beds on campus for isolation. Keeping coronavirus positive students on campus will make meal delivery and medical attention easier, according to vice president of the division of finance and operations Matthew M. Fajack. Currently, there are 8,281 students assigned to live on campus for the fall semester.

17 hours ago

Nick Saban named to board of National Coalition of Minority Football Coaches created by former Tide assistant

Former University of Alabama offensive coordinator Mike Locksley on Thursday announced the creation of the National Coalition of Minority Football Coaches.

Locksley served as an offensive assistant for the Crimson Tide in 2016, followed by a year as co-offensive coordinator and wide receivers coach the next season before becoming the full-time offensive coordinator in 2018. He is now the head coach at the University of Maryland.

Speaking to NFL.com, Locksley cited a lack of black head coaches in the National Football League as well as among the college Football Bowl Subdivision.

“I wanted to create an organization that would be able to help prepare, promote and produce the next group of coaches coming up through the ranks at every level,” he told the outlet.

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Locksley is not the only Bama connection to the new nonprofit group, which will reportedly “seek to not only identify and groom coaches of color (male and female) for upward mobility, but also create a candidates list that will be vetted by a board of directors that includes some of the most respected and powerful names in sport.”

Included on that venerable board of directors is Tide head coach Nick Saban, as well as Ozzie Newsome.

Newsome was named to the College Football Hall of Fame after a four-year playing career at the University of Alabama. He also enjoyed a successful playing career in the NFL and is a two-time Super Bowl winning executive with the Baltimore Ravens.

Speaking about the board of directors featuring the likes of Saban and Newsome, Locksley explained, “These are all people that have either hired head coaches or coordinators or filled upper-level positions throughout their careers. They all have been at the top of the mountain, per se, in their respective areas, whether winning Super Bowls or national championships or being pioneers…”

“We want to use their experiences to help us formulate and produce the list of qualified candidates, so when people say there aren’t enough minorities to fill the positions that have come open over the years, we’re going to produce a list of qualified people that shows there are qualified people. What’s needed is opportunities,” he added.

RELATED: Alabama ranked No. 3, Auburn No. 11 in preseason coaches poll

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

18 hours ago

UAH receives grant to research how drones can aid disaster response

The University of Alabama in Huntsville (UAH) announced Thursday that it has received $1.1 million in grant funding to study how unmanned aircraft can aid the response to both manmade and natural disasters.

The money comes from the Federal Aviation Administration (FAA), who granted a total of $3.3 million to the 24 universities in that comprise an Alliance for System Safety that focuses on unmanned aircraft systems (UAS).

“These grants will help develop a greater array of innovative strategies to more effectively deploy drones during emergency response situations,” said U.S. Transportation Secretary Elaine L. Chao.

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UAH says it aims “to provide insight into the safe integration of UAS into the disaster preparedness and response areas,” with the funding provided this week by the federal government.

A release from the university points to a FAA study that shows there are currently 1.65 million recreational and commercial drones in the United States.

Huntsville’s biggest university says that the FAA program from which the grant is derived enables the agency “to conduct research in airspace and airport planning and design, environment and aviation safety.”

“These important grants fund the research which allows us to learn and implement the safety measures associated with UAS operations in the airspace,” FAA Administrator Steve Dickson said in a statement.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95

19 hours ago

Warrant issued for State Rep. Will Dismukes

MONTGOMERY — A felony arrest warrant has been issued for State Rep. Will Dismukes (R-Prattville), Montgomery County District Attorney Daryl Bailey announced in a Thursday press conference.

The warrant is for first-degree theft of property, a Class B felony. The freshman state legislator allegedly stole more than $2,500 from a former employer, Weiss Flooring in Alabama’s capital city.

Bailey said Dismukes has not yet been arrested and has until Thursday at 4:00 p.m. CT to turn himself in.

The district attorney reminded the public that a warrant represents “a mere allegation” and that Dismukes remains presumed innocent “until and unless proven guilty in a court of law.”

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Bailey advised “the alleged amount is a lot more than” $2,500 stolen. He added that he was limited on providing specifics on the case and the allegations at this time.

The DA advised that the business owners brought the allegation to authorities. The time period of the alleged offense was “from 2016 to 2018,” per Bailey.

Dismukes reportedly told WSFA that he is innocent.

The state representative from Autauga County has come under fire recently for his participation in a celebration of Nathan Bedford Forrest.

According to the Montgomery Advertiser, Weiss Flooring made the complaint on May 20, which would have been before Dismukes initially made headlines for Confederate-related issues. Authorities have since that date been investigating, leading to a warrant being signed on Thursday.

While Dismukes has rejected bipartisan calls for him to resign over his recent controversies, a felony conviction would automatically remove him from office.

UPDATE 3:00 p.m.

In a statement, Governor Kay Ivey (R-AL) reacted to the news.

“If true, it is disappointing when a public official, elected with the confidence of the people, abuses that trust. I support the letter of the law, and no one is above it – especially those in public office,” the governor stated.

UPDATE 4:00 p.m.

Alabama Republican Party Chairman Terry Lathan released a statement on Dismukes.

“We expect our elected officials, regardless of Party, to follow the laws of our state and nation,” she commented. “No one is immune to these standards. It is very disappointing to hear of these allegations. This is now a legal matter and it must run its course.”

This is breaking news and will be updated.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

19 hours ago

Shelby cautions on COVID-19 relief: ‘The Democrats might not want a deal, politically’

As the White House continues to lead negotiations with congressional Democrats over the latest COVID-19 relief package, U.S. Senator Richard Shelby (R-AL) is sounding the alarm over election year politics possibly being put ahead of the welfare of the American people.

White House chief of staff Mark Meadows has been at the forefront of negotiations on the Republican side of the aisle. He has said that Democrats, led by the likes of House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY), have rejected four different offers to extend the $600 per week federal unemployment supplemental that expired this past Friday.

“Those four different offers have been actually rejected — but more importantly than that, they’ve not even been countered,” Meadows said last week.

Democrats have said they want a broader deal that lasts through the first quarter of 2021, however Republicans have admonished items seemingly unrelated to the pandemic that their counterparts on the left have tried to force through in negotiations. This includes Pelosi’s defense of funding for marijuana businesses in the latest Democratic relief proposal.

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The Democrats’ proposal also “omitted language restricting abortion funding [with federal monies] and added protections against deportation of illegal immigrants,” as reported by the New York Post.

Senate Majority Leader Mitch McConnell (R-KY) has said the Pelosi-led proposal “reads like the speaker of the House pasted together random ideas from her most liberal members and slapped the word ‘coronavirus’ on top of it.”

Despite this Democrat proposal being dead on arrival in the Senate, U.S. Senator Doug Jones (D-AL) has for weeks been calling on McConnell to take up the legislation. However, even though the Pelosi bill got just one Republican vote in the House, Jones has blamed Republicans for making “this into a partisan issue.” Alabama’s junior senator, while decrying the partisan nature of the negotiations, has also campaigned on the issue, seemingly adding to the politicization of coronavirus relief efforts.

“This election, more than any other I can remember, shows us the stark choice we can make as a country. We can stand together, listen to the experts about how to beat COVID-19, work together to make real change and end racial injustice and protect our health care – or we can let the extremists drive us apart and block any hope for real change,” Jones wrote in a July 31 campaign email.

However, Alabama’s senior senator — considered one of the most bipartisan elected officials in Washington, D.C., and a true statesman — on Thursday seemed to rebut Jones’ claims that it was Republicans playing politics with COVID-19 relief.

While some on Capitol Hill have expressed relative optimism at reaching a deal in the coming days, Senator Shelby explained why a final compromise might never come to fruition, no matter how much Republicans give ground.

Per Politico, the Senate Appropriations chairman told reporters in the Capitol, “We might not get a deal. … I think there’s a lot of pessimism here — ‘will we get an agreement? Are we too far apart?'”

“We’re at an impasse right now,” Shelby advised. “I would hope over the next few days we can get together and do something that will help a lot of working people in America. Republicans and Democrats, get together. At the moment, it doesn’t look promising.”

Per Hill pool reports, Shelby further explained, “The Democrats might not want a deal, politically. Think about it.”

McConnell, an Alabama native himself, in a Thursday afternoon tweet seemed to back Shelby’s idea.

Both Republicans and Democrats have publicly voiced their support of another round of stimulus checks for Americans, likely up to $1,200 each to match the first round of checks that went out earlier this year. It remains to be seen if agreement can be reached on the many other items on the table.

If a deal cannot be reached soon, President Donald Trump has now said that he will take executive action to provide relief to the American people. Issues Trump is considering acting on himself include “Payroll Tax Cut, Eviction Protections, Unemployment Extensions, and Student Loan Repayment Options,” per a Thursday tweet by the president.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn