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API and Yellowhammer release 2018 Attorney General Questionnaire

Candidates for public office, once elected, bring their underlying principles and perspectives on policy issues into office with them, thus defining how they govern. It is important for citizens to know and understand the candidates for which they are voting, and Yellowhammer News and the Alabama Policy Institute (API) are partnering to bring that information to Alabama voters.

Over the course of the next few weeks, candidates will be issued a questionnaire with questions ranging from political philosophy to state-specific questions on fiscal responsibility, education, and job creation. By providing an outlet for candidates to address these topics, we hope to foster a more engaged and informed electorate in Alabama.

Why are API and Yellowhammer News issuing these questionnaires?

It is a difficult task to get each candidate running for office on the same stage. When they do share a live audience, candidates are rarely given the opportunity to answer challenging policy questions.  These questionnaires provide this opportunity—one that will benefit both candidates and the electorate. This format will give candidates time to provide more thoughtful responses and will give Alabamians the information they need to cast their vote. Issuing the questions on a public platform provides accountability and transparency between the candidates and voters, which is vital to a more informed citizenry.

How will the process work?

API and Yellowhammer will release a list of questions, which will be posted on the Yellowhammer News website, on the Alabama Policy Institute website, and sent to the campaigns of each candidate. The candidates will each be allowed two weeks to respond to the questionnaire. The answers will be posted by Yellowhammer News and the Alabama Policy Institute and available for the candidates to post on their respective websites.

Last week, the questions were sent to the campaigns of the gubernatorial candidates, who were told that they have until May 11 to submit answers. On Wednesday, questions were sent to the candidates for lieutenant governor, to be submitted by May 15. As responses come in, they will be posted online.

API and Yellowhammer challenge all of the candidates for governor, lieutenant governor, and attorney general to answer these questions thoroughly and thoughtfully. Prior to casting our votes, Alabama voters deserve to know what their candidates believe and how they will view the issues presented to them.

As election day draws near, we look forward to receiving their responses and sharing that information with you.

2018 Attorney General Questionnaire

Alabama Policy Institute and Yellowhammer News

ACTING PHILOSOPHY

Interpreting the Law

Attorneys general are in the business of interpreting and enforcing the law.  If elected, would you see your role as Attorney General (AG) as that of an activist, with freedom to interpret the law to new situations, events, and presidential administrations, or as that of a constructionist, interpreting the law strictly through the lens of original intent?

Enforcing the Law

Are you willing to aggressively defend state statutes and policies, even if you disagree with them?

Balancing Roles

How do you plan to balance your role as chief law enforcement officer in the state with your role as chief legal representative of the state?

MANAGEMENT

Budget and Staff

The AG oversees a staff of more than 160 and a budget of over $10 million. What has prepared you to lead such a large organization and to be a responsible steward of taxpayer dollars?

Prosecutorial Discretion

Given limited resources, the AG must use discretion in deciding which crimes to prosecute.  What is your overall position on the extent of prosecutorial discretion? Should prosecutorial discretion ever be used to avoid prosecuting an alleged corrupt government official?  Do you think a prosecutor ever has the right to not prosecute a broad range of accused people/crimes?

ETHICS

Code of Ethics

Both the current and the preceding AGs proposed comprehensive reforms to Alabama’s ethics laws.  The Legislature recently established a Code of Ethics Clarification and Reform Commission “to reform and clarify the Code of Ethics”.  The AG will co-chair this Commission with the Ethics Commission Director.  Would you recommend amendments or revisions to the ethics code?  If so, what are your suggestions in doing so?

In the Office of Attorney General

While the Alabama Attorney General’s office is one of the state’s largest legal offices, it has been a common practice for AGs to outsource lucrative legal work to politically connected law firms. The firms often then contribute large sums to the AG’s campaigns for reelection or higher office. Is this an example of the AG using the powers of the office for personal benefit? If so, how will you make changes to this practice?

Ethics and Economic Development

Alabama House Bill 317 exempts certain economic developers from being required to register as lobbyists and drew heated discussion across the state this past legislative session. Is this exemption, in your opinion, as innocuous as proponents claim or likely to lead to abuse as opponents suggest?

INDIVIDUAL RIGHTS

Campus Free Speech

U.S. Attorney General Jeff Sessions recently said there is “too much suppression of free and open speech on college campuses today.” Do you believe this is an issue in Alabama and, if so, how should the AG respond? 

Religious Liberty

Do you think that individuals and small business owners should be forced to participate in activities that violate their religious beliefs in order to comply with anti-discrimination laws?

FEDERAL ISSUES

Federal Overreach

When Texas Governor Greg Abbott was the Lone Star State’s Attorney General, he made headlines by saying, “I go into the office, I sue the federal government, and I go home.” What role should the AG take in fighting federal government overreach? Would you be willing to file suit—and use state resources—to prevent such overreach?

Immigration

Many state attorneys general have sued the Trump administration for ending the Deferred Action for Childhood Arrivals program. On May 2, 2018, Alabama joined six other states suing to end the program permanently. In your opinion, how effective is this form of joint action and how do you plan on upholding Alabama immigration law if executive action on the federal level runs contrary?

Opioid Epidemic

According to the CDC, Alabama is the state highest-prescribed with opioids, with more prescriptions than people. Opioids are the main driver of overdose deaths and, in 2016, 756 Alabamians died from drug overdoses. As AG, how would you address Alabama’s share of this national crisis?

RULE OF LAW

Civil Asset Forfeiture

Some states are eliminating provisions that allow police to seize property without securing a criminal conviction. Would you support legislation that reforms the use of civil asset forfeiture by law enforcement and the provision that allows agencies to keep the proceeds of seized property? Why or why not?

Prison Reforms

Alabama has received national attention for the state of its prisons and a federal judge recently called inmate care “horrendously inadequate”. How would you address this issue, and do you support the use of private prisons?

Gaming

In its 2009 Cornerstone decision, the Alabama Supreme Court held that local laws in Alabama legalizing “bingo” games for the benefit of churches and other charities authorized only the old fashioned, or “traditional” game commonly known by that name.  The Court repeated itself over a half dozen times in the seven years after Cornerstone. In light of the Alabama Supreme Court’s decisions on this issue, should casinos—like the ones operating in Macon and Greene Counties—be allowed to operate as they are today?  Explain your answer in detail, including whether you consider Alabama Supreme Court decisions on matters of Alabama law to be “the law of the land.”

In 2009, the Governor of Alabama appointed a special task force to enforce the gambling laws of Alabama in the absence of any action by the then Attorney General to shut down or prosecute the operation of gambling machines in Macon, Greene and other counties.  This action by the Governor succeeded in shutting down casinos in these counties.  Should that enforcement action have been taken by the Attorney General instead of the Governor?

The Indian Gaming Regulatory Act allows certain Indian tribes, including the Poarch Creek, to conduct gaming operations on reservation land if such operations are permitted by the law of the state in which those reservations are located. Numerous Alabama Supreme Court decisions have been written arguing that electronic machines of the nature at issue are illegal under Alabama law. Should these machines continue to be permitted on Indian reservations within the State of Alabama? If elected Alabama Attorney General, would you work with the United States Attorney General to make sure that the all gambling laws, including federal law applicable to Indian reservations, are properly enforced?

7 hours ago

Aderholt named ranking member of appropriations subcommittee critical to north Alabama’s economy

On Tuesday, Congressman Robert Aderholt (AL-4) was named ranking member of the House Appropriations Subcommittee on Commerce, Justice and Science, which funds NASA and the FBI, amongst other important economic engines.

In a statement, Aderholt said, “It is a great honor to be named the ranking member of the House Appropriations Subcommittee on Commerce, Justice and Science. This subcommittee is certainly important to America, but even more so for North Alabama.”

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“This subcommittee is directly responsible for funding NASA and the FBI, along with the Department of Commerce,” Aderholt explained. “The FBI and NASA are two very important agencies to the economy of not only Huntsville, but also the northern portion of our state. NASA, of course, has a long history in this region and gave rise to Huntsville’s name as the Rocket City. And in just the past few years, the FBI has built a presence on Redstone Arsenal and is in the process of growing to a level of approximately 4,000 jobs.”

The congressman concluded, “With my leadership on this subcommittee, I will work to ensure that North Alabama continues to lead as we return to the moon, put boots on Mars and travel into deep space. And with the FBI’s Hazardous Devices School, and growing footprint in North Alabama, I will also be a voice to let my colleagues know that North Alabama is in a prime position to be a hub for matters concerning our national security.”

Aderholt also serves on the powerful House Appropriations Committee.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

9 hours ago

Is Doug Jones a foot soldier in the Democrat Civil War for taking a shot at liberal darling Alexandria Ocasio-Cortez?

If you are Sen. Doug Jones (D-AL) right now, you probably know you have almost no chance of being elected to a full term as a United State senator.

This obviously could change. Roy Moore could continue to crave the spotlight and enter a Republican primary field in 2020, but this is obviously a long-shot for him.

Complicating Jones’ life right now is a number of new Democratic members of the House of Representatives. They are outspoken, silly and contrary to the carefully crafted image Jones wants to sell to Alabama. Jones wants to be Mr. Moderate, a conservative-ish Democrat in the mold of former Congressman Bud Cramer (D-Huntsville), but he can’t do that if he is constantly dealing with a 24-hour news cycle where his fellow Democrats are acting nuts.

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Jones seems to know this, and the clearest way to distinguish himself from members like Rep. Alexandria Ocasio-Cortez (D-NY) is to directly scold her to The Hill.

He said, “I think it skews what’s really there for the Democratic Party.”

Jones seems to want to differentiate himself from Ocasio-Cortez’s brand of non-stop Twitter trolling will endear her to the same media that can’t let a Trump tweet go without an analysis of its impact. But Jones didn’t stop there. He also thinks this style of bomb-throwing is ineffective politics.

“When it gets time to get things done, that’s what people are going to be looking at — they’re going to be looking at the middle-of-the-roaders because it’s the only way to get anything done,” Jones stated.

If recent history is any judge, Ocasio-Cortez will not let these comments slide without a response. The fight for the soul of the Democratic Party is on and Jones will likely find himself out-gunned and without many powerful allies.

In response to similar criticism from former Democratic vice presidential candidate Joe Lieberman (D-CT), Ocasio-Cortez responded with the following tweet:

Will Jones double-down or will he slink back to his backbench for fear of his party’s base if she hits back?

For now, Jones sounds like he thinks his voters want him to get stuff done, but considering that Jones’ main accomplishment at this point in his Senate career is his vote against now-Supreme Court Justice Brett Kavanaugh’s confirmation it is likely most Alabama voters would prefer he enjoys his time in Washington D.C. as a spectator before being sent home in 2020.

@TheDaleJackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 am weekdays on WVNN

9 hours ago

Trump AG nominee: Sessions ‘probably did the right thing’ in recusing himself from Russia probe

Attorney General-nominee William Barr on Tuesday said Jeff Sessions “probably did the right thing” in recusing himself from the investigation into alleged collusion with Russia by the Trump campaign, according to The Washington Post.

Barr previously served as attorney general from 1991-1993. During his confirmation hearing before the Senate Judiciary Committee, Barr was asked by committee chair Sen. Lindsey Graham (R-SC) about Sessions’ decision to recuse himself from the probe because he was involved in the Trump campaign.

“I am not sure of all of the facts, but I think he probably did the right thing recusing himself,” Barr said.

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This came the day after Sessions attended Alabama’s Inaugural Day festivities, including the swearing-in ceremony for all statewide elected officials and reception for state Attorney General Steve Marshall.

During Marshall’s event in the attorney general’s office building, Sessions said, “Do the right thing every day and usually things will work out… [well,] not always.”

After the laughter of the room started to subside, he added, “At least in the United States, when they fire you, they don’t shoot you like they do in some countries.”

Sessions’ relationship with President Donald Trump was eroded by the recusal and the president’s public attacks on both that decision and Sessions personally. He resigned at the request of the president in November.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

10 hours ago

State Sen. Gerald Allen responds to judge striking down Alabama Memorial Preservation Act — ‘Judges are not kings’

On Tuesday afternoon, State Senator Gerald Allen (R-Tuscaloosa), the sponsor of the Alabama Memorial Preservation Act, criticized Jefferson County Circuit Judge Michael Graffeo’s ruling that the law is unconstitutional.

Graffeo made the ruling Monday.

“Under the Constitution, judges are to be neutral umpires who apply the rule of law fairly,” Allen said in a statement. “A judge’s personal beliefs, whether about politics, sociology, or history, have no bearing on how he is to apply the law.”

He continued, “Judge Graffeo has taken it upon himself to know and declare that it is ‘undisputed’ that the majority of residents of Birmingham are ‘repulsed’ by the Linn Park monument, and has thus ruled the Alabama Memorial Preservation Act void. But judges are not kings, and judicial activism is no substitute for the democratic process.”

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“The Memorial Preservation Act is meant to thoughtfully preserve the entire story of Alabama’s history for future generations. The law was vigorously debated for months by the people of Alabama’s duly-elected representatives in the State Legislature, and passed with overwhelming majorities in both the House and Senate,” Allen advised.

He concluded, “The Attorney General’s Office is confident that the Memorial Preservation Act is constitutional, and I look forward to the Attorney General’s appeal of Judge Graffeo’s ruling.”

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

10 hours ago

Judge voids Alabama law protecting Confederate monuments

A judge has overturned an Alabama law meant to prevent the removal of Confederate monuments from public property, ruling the act infringed on the rights of citizens in a mostly black city who are “repulsed” by the memorial.

The 10-page ruling issued late Monday by Jefferson County Circuit Judge Michael Graffeo said a 2017 state law barring the removal or alteration of historical monuments wrongly violated the free speech rights of local communities.

The law cannot be enforced, Graffeo ruled, but the state could still appeal.

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The attorney general’s comment had no immediate response to an email seeking comment Tuesday.

The state sued the city of Birmingham after officials tried to remove a 52-foot-tall (16-meter)-tall obelisk that was erected to honor Confederate veterans in a downtown park in 1905.

Rather than toppling the stone marker, the city built a 12-foot (3.6-meter)-tall wooden box around it.

Birmingham’s population of 210,000 is more than 70 percent black, and the judge said it was indisputable that most citizens are “repulsed” by the memorial.

He rejected the state’s claims that lawmakers had the power to protect historical monuments statewide.

The law includes a $25,000 penalty for removing or altering a historical monument, but the judge said the penalty was unconstitutional.

The city has not had to pay while the lawsuit worked its way through court.

The ruling came hours after the inauguration of Republican Gov. Kay Ivey, who signed the law and opened her campaign last year with a commercial that prominently showed Confederate monuments.

“We can’t change or erase our history, but here in Alabama we know something that Washington doesn’t. To get where we are going means understanding where we have been,” Ivey said in the ad.

Supporters of the law contend it protects not just Confederate memorials but historical markers of any kind, but rebel memorials have been an issue nationwide since a white supremacist gunman killed nine worshippers in a black church in Charleston, South Carolina, in 2015.
(Associated Press, copyright 2018)

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