Mason seeks to avoid incriminating herself in criminal investigation into Bentley relationship

MONTGOMERY, Ala. — Court documents filed by an attorney for Rebekah Mason, Governor Robert Bentley’s former senior political advisor and mistress, for the first time reference ongoing investigations into possible criminal wrongdoing stemming from their inappropriate relationship.

Gov. Bentley and Mrs. Mason were both named as defendants in a wrongful termination lawsuit filed by former Alabama Secretary of Law Enforcement Spencer Collier. In a motion to dismiss Mr. Collier’s lawsuit, Mrs. Mason’s attorney expressed concerns that Mrs. Mason could incriminate herself by producing documents related to Mr. Collier’s civil suit.

“(I)t is clear to me that the subject of this litigation includes matters that are believed to be under criminal investigation by the Department of Justice, Alabama Ethics Commission and/or the Alabama Attorney General’s Office,” wrote attorney Robert “Bobby” Segall. “Further, the facts material claims in this civil action may also be material in the pending criminal investigations. It is difficult, if not impossible, to sort out the differences factually, if any, between the civil action and the criminal investigations. This is especially true given the fact that the full scope of the criminal investigations is not currently known.”

Mason’s attorneys are asking the court to put a hold on the civil suit, if they decide not to toss it out all-together. Their stated reasons for seeking a stay include the following:

Mrs. Mason is, or may be, the subject of ongoing criminal investigations relating to, among other things, her prior employment as a Senior Political Advisor to Defendant Governor Robert Bentley.

(…)

The allegations and issues presented in Plaintiff Spencer Collier’s Complaint and the believed areas of criminal investigation overlap and focus on the same alleged conduct.

Any testimony that Mrs. Mason might give or documents she might produce in this matter could potentially be used against her in connection with the ongoing criminal investigations.

Therefore, Mrs. Mason reasonably apprehends a risk of self-incrimination if she participates in the present civil action.

The affidavit filed by Mr. Segall appears to be the first time criminal investigations have been referenced in court documents.

A letter from federal prosecutor George L. Beck, Jr., U.S. Attorney in Alabama’s Middle District, previously mentioned the existence of a grand jury that had been impanelled to look into possible criminal charges related to operations in the Governor’s Office.

In a letter titled “Re: Grand Jury Investigation,” Beck wrote to the attorneys of individuals who had been questioned about the case to inform them that he had recused himself.

“This letter is to inform you and your client that United States Attorney George L. Beck, Jr. has recused himself and his office from any investigation of and prosecution arising from the operations of the office of the Governor of Alabama,” he wrote. “The Attorney General of the United States has appointed United States Attorney John A. Horn of the Northern District of Georgia and his staff to oversee any investigation of and prosecution arising from the above-described matters.”

Multiple sources close to the investigations say the U.S. Attorney is looking into the possible misuse of state and campaign resources, which Mr. Collier says he warned Gov. Bentley in 2014 could lead to criminal charges. According to Mr. Collier, Gov. Bentley told him at the time he had not broken any laws, but that he could not end the relationship with Mrs. Mason.