1 week ago

‘Win for the people of Alabama’: 11th Circuit steps in to maintain ‘integrity and security of elections’

The United States Court of Appeals for the 11th Circuit on Tuesday blocked a lower court ruling that would have suspended key safeguards against voter fraud for the November 3 general election.

Judge Abdul Kallon of the Northern District of Alabama in recent weeks released a ruling in which he voided certain absentee balloting requirements for the upcoming election.

State law requires that each absentee ballot be notarized or signed by two witnesses to be valid. However, Kallon, an appointee of then-President Barack Obama, ruled that those with underlying medical conditions need only to provide a statement saying so to be able to ignore this portion of state law.

Next, the judge waived the requirement, which is also a state law, that all absentee voters must submit a copy of their valid photo identification when applying for an absentee ballot. Kallon only waived this requirement for certain classes of voters, such as those 65 and older, and people with disabilities.

Finally, the ruling allows curbside voting on November 3. Curbside voting is not provided for by state law.

Kallon previously attempted to impose this ruling for the July primary runoff elections in the state, however he was thwarted by the Supreme Court of the United States.

The NAACP Legal Defense & Educational Fund, Inc. (LDF), Southern Poverty Law Center (SPLC) and the Alabama Disabilities Advocacy Program (ADAP) are involved in the case on behalf of the plaintiffs: People First of Alabama, Greater Birmingham Ministries and the Alabama NAACP.

Secretary of State John Merrill, as Alabama’s chief elections official, was named as the lead defendant in this case.

“Judge Kallon’s ruling to disallow the Secretary of State from prohibiting an illegal activity known as ‘curbside voting’ undermines the integrity of the elections process and the ability for Alabamians to cast a secret ballot as the chain of custody is then broken,” Merrill said recently.

The Alabama Attorney General’s Office has been representing the State in this matter and appealed Kallon’s ruling to the 11th Circuit, asking for a stay.

A panel of the appellate court on Tuesday released two separate 2-1 decisions. The first granted a stay on Kallon’s ruling as it pertains to the absentee balloting requirements. Judges Adalberto Jordan and Barbara Lagoa formed the majority, while Judge Jill Pryor dissented.

The second decision by the 11th Circuit denied a stay on Kallon’s order pertaining to curbside voting. Jordan and Pryor formed this majority, with Lagoa dissenting.

Jordan and Pryor are both Obama appointees, while Lagoa is an appointee of President Donald J. Trump. She was a leading contender for the president’s recent Supreme Court nomination.

Tuesday’s decisions mean, as it stands, curbside voting could be allowed by county elections officials across the state. Alabama’s statutory absentee balloting requirements are back in effect as normal.

Merrill has previously advised, “It is important to remember that counties are in no way required to offer the illegal activity known as ‘curbside voting.’”

On Tuesday afternoon, Merrill in a statement to Yellowhammer News commented on both decisions.

“The 11th Circuit’s ruling to block a district court order lifting Alabama’s photo ID and witness requirements for absentee voters is a win for the people of Alabama! The stay that has been granted maintains the integrity and security of elections in our state – thus proving that our current election laws are not an obstacle to voters in Alabama,” Merrill began.

“The photo ID and witness requirements are necessary deterrents for those looking to commit voter fraud, and I am glad the 11th Circuit has recognized their importance in safeguarding the elections process,” he continued.

The secretary of state then remarked on the decision pertaining to curbside voting.

“While our office is currently unaware of any county planning to provide curbside voting for the November 3, 2020 General Election, we intend to appeal to the Supreme Court to see that this fraudulent practice is banned in Alabama, as it is not currently allowed by state law,” Merrill stated.

“The confusion that has been caused from this lawsuit is a reminder that judges should refrain from attempting to alter election procedures after ballots have been distributed. I look forward to continuing with the successful and secure administration of the November 3 election,” he concluded.

UPDATE 6:05 p.m.

Attorney General Steve Marshall released a statement.

“While we welcome the 11th Circuit Court of Appeals decision to grant the State’s emergency stay request so that Alabama’s absentee voting law requirements of a valid photo ID and witnesses remain in effect for the November 3 general election, the appeals court’s decision to allow curbside voting conflicts with State efforts to ensure election security,” he stated. “We will therefore seek a stay from the U.S. Supreme Court as soon as possible.”

“Alabama has a history of voter fraud that the photo ID and witness requirements help address,” Marshall concluded. “Those safeguards are both important and easily complied with, even during the pandemic. Alabama has the right and the duty to ensure that our elections are conducted with integrity, and Alabama voters deserve to know they can cast their ballots with confidence that election security safeguards will remain in place.”

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

3 hours ago

Alabama Democrats are shambling towards a bloodbath, and they will learn nothing… again

Let me jump forward about two weeks for you: U.S. Senator Doug Jones (D-AL) loses his Senate seat to former Auburn head coach Tommy Tuberville by 10+ points, incumbent Republican Twinkle Andress Cavanaugh beats Democrat Laura Casey for Public Service Commission president and every Republican running a Congressional race blows out their opponent, as U.S. Rep. Terri Sewell (D-Birmingham) does not have a general election opponent.

We will then be told that some random Democratic mayor is the next major threat to a statewide Republican sweep in 2022.

This, of course, is not true.

The same was said for Ron Sparks (rural voters totally coming out), Parker Griffith (moderate enough to be a Democrat, then a Republican, then an independent, and then a Democrat again) and Walt Maddox (a “cool” young mayor), and we all know what happened with them.

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Democrats in Alabama had no business winning the Senate seat that Jones will lose in less than two weeks and their behavior, which mirrors national Democrats, only marginalizes them further.

Look at Macon County Democrats: They are placing signs telling voters that “Racism is on the ballot.” It’s not, and this divisive messaging doesn’t stay in Macon County anymore.

All over the state, voters were told that Alabama Democrats can’t stop calling everyone “racist.”

This isn’t 1965 or even 1995. This kind of inflammatory nonsense gets spread to suburbs and rural areas via the internet.

Non-racists don’t like this.

Witness the completely asinine push for a debate by Senator Jones with Tommy Tuberville. This does nothing but scream, “I am going to lose.” We are 12 days out, and all we are getting from Jones is that Tuberville was a bad coach (he wasn’t), swindled people (it appears that is untrue) or that he’s a “coward” for not debating.

Now email me at dale@yellowhammernews.com, and tell me a single candidate that lost a race because he refused to debate. I’ll wait.

Oh, and a Joe Biden endorsement? That’ll really help in Alabama. Was Hunter not available?

You know what Jones, the state’s highest-profile Democrat, can’t do? Explain how he is in touch with the politics and culture of Alabama.

His campaign is one long explanation about how the way he feels is different than what we have all seen with our own eyes.

On guns, he believes Alabamians are ready for gun control. Alabamians aren’t.

On abortion, he has said he is pro-choice until birth, but now he isn’t — and the media is going right along. Alabamians aren’t.

One of two things has to happen for Democrats to be more than a party of Birmingham, the Black Belt and a shrinking media-PR arm that can’t move the needle outside of their congratulatory tweets to each other:

  1. The state has to change.
  2. They have to convince people they are something they are not.

I don’t think the state is going to become a liberal hotspot anytime soon, so it might be time to just start attempting to change people’s minds by being honest about what you want as Alabama Democrats.

Run people that will tell you what they actually believe and not require an untrusted media to repackage your positions.

Yes, Democrats in other states will send you money, but they can’t vote for you.

Go all in. Stop trying to be Republican-lite. No one believes you and November 3’s election results in Alabama will make that point again.

Learn nothing.

Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 AM weekdays on WVNN.

3 hours ago

Drug discovered, tested at UAB becomes first fully FDA-approved treatment for COVID-19

Remdesivir on Thursday became the first drug to be fully approved by the United States Food and Drug Administration (FDA) for treating the coronavirus.

The antiviral produced by the pharmaceutical company Gilead Sciences received an emergency use authorization from the FDA in May; Thursday’s announcement will likely expand its usage across the nation. The drug has been approved for the treatment of patients requiring hospitalization.

Remdesivir showed promising results for treating COVID-19 in a much-discussed clinical trial conducted in the spring and early summer. After this trial, White House health advisor and NIAID Director Dr. Anthony Fauci proclaimed to the nation that remdesivir “will be the standard of care” moving forward for coronavirus-positive inpatients. He called the trial results “quite good news.”

The University of Alabama at Birmingham (UAB) was a participating clinical site in the now-famous study and administered the drug to participating patients. However, UAB’s involvement goes significantly farther.

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As reported by Yellowhammer News in February, a drug discovery program housed at UAB led to the development of remdesivir. This discovery came from a public-private partnership that also included Birmingham-based Southern Research and Gilead Sciences.

The drug discovery was funded by federal monies awarded to the Antiviral Drug Discovery and Development Center at UAB after U.S. Senator Richard Shelby (R-AL) became chair of the U.S. Senate Committee on Appropriations.

Remdesivir was taken by President Donald J. Trump in his recovery from COVID-19, along with Regeneron’s experimental polyclonal antibody cocktail. That cocktail is currently being tested at UAB.

In a Thursday release, Gilead explained the treatment guidelines for remdesivir and reacted to the FDA approval.

“Since the beginning of the COVID-19 pandemic, Gilead has worked relentlessly to help find solutions to this global health crisis. It is incredible to be in the position today, less than one year since the earliest case reports of the disease now known as COVID-19, of having an FDA-approved treatment in the U.S. that is available for all appropriate patients in need,” stated Daniel O’Day, chairman and CEO of Gilead Sciences. “The speed and rigor with which [remdesivir] has been developed and approved in the U.S. reflect the shared commitment of Gilead, government agencies and clinical trial investigators to advance well-tolerated, effective treatment options for the fight against COVID-19. We will continue to work at speed with the aim of enhancing patient outcomes with [remdesivir] to ensure all patients with COVID-19 have the best chance at recovery.”

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

3 hours ago

U.S. Rep. Gary Palmer: Joe Biden ‘highly, highly compromised’ by China

U.S. Rep. Gary Palmer (AL-06) on Wednesday interviewed on Talk 99.5’s “Matt & Aunie Show,” discussing the recent bombshell stories that have come out indicating that former Vice President Joe Biden was potentially involved in certain lucrative foreign business dealings of his son, Hunter.

Director of National Intelligence John Ratcliffe this week announced the assessment that Hunter Biden’s laptop and the emails on it “is not part of some Russian disinformation campaign.” The FBI has said that it has “nothing to add” to this assessment.

Palmer, speaking to radio host Matt Murphy, emphasized that the questions raised involving the Bidens are serious and “real.”

“This is a real story. The FBI has the laptop. This is not a Russian hoax. This is real,” the central Alabama congressman said.

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“And the most concerning thing is, it’s not what Hunter Biden did — we’ve known about Hunter Biden’s corrupt activities with Russia, with the money he got from the widow of the mayor of Moscow, we’ve known about the corrupt deal he had with Burisma, and there are other people that I think at some point we will be able to talk about that may have been involved, and we’ve known about what he did in China. What is new about this is the possibility, the allegation, that Joe Biden himself benefited personally, that he was taking money off the top for himself,” Palmer continued. “And I think that’s what’s got to be investigated.”

He lamented that “the mainstream media is ignoring this” and that “they think they can keep people from finding out about it.”

On Thursday, a business partner of Hunter Biden told Fox News that Joe Biden was indeed involved in his son’s foreign business dealings and profiting monetarily. The business partner also confirmed the authenticity of emails previously publicized by The New York Post and has provided outlets on Thursday with further electronic communications involving the Bidens not found on Hunter’s laptop.

Palmer in a subsequent part of Wednesday’s interview commented on what would be the consequence of Joe Biden becoming president while potentially compromised by China.

“You are in danger of being held hostage,” the congressman warned. “The whole world would suffer if Biden gets elected president. Because the Chinese have the goods on him.”

“Now think about that,” Palmer continued, “how it would impact nations like Australia and Japan and South Korea and Vietnam, who’s becoming an ally of ours because they fear the hegemony of China. It’s going to spread across the world. This is a critical moment for this country. And you literally have left-wing media that are part of a conspiracy to defeat a president. They tried to remove him from office, now they’re trying to defeat him and put somebody in office that is highly, highly compromised.”

He also raised the specter of what could happen if Biden is elected on November 3 and then investigations subsequently reveal that he is compromised by a foreign power.

“[I]t doesn’t give me any comfort whatsoever to think that Biden would be removed from office and replaced with … Senator [Kamala] Harris,” Palmer decried. “Communist Kamala.”

RELATED: Director of National Intelligence: Iran attempting to damage Trump’s reelection

In stark contrast to recent revelations and Palmer’s Wednesday remarks come the past statements of U.S. Senator Doug Jones (D-AL) about the Bidens’ foreign endeavors. Jones, an earlier endorser of Biden’s 2020 presidential bid, recently explained that he has considered Biden a friend and mentor since 1978. Jones recently had Biden campaign for him virtually in Alabama, and the former vice president also campaigned for Jones in his 2017 special election bid.

Congressman Bradley Byrne (AL-01) last year called for an investigation into Joe Biden’s China ties.

“Do you think everything about these ties between the vice-president’s son and China are OK? Don’t you think we ought to ask some important questions like we spent all this time and money doing with President Trump? I’d like to hear what he has to say about that,” Byrne asked of Jones at the time.

When Byrne subsequently filed a bill to investigate the Bidens over foreign dealings, Jones then went into defense mode for his old friend.

“We should all want the same things – the facts, the truth, and the rule of law – not pandering partisanship trying to be relevant,” Jones asserted at the time, while not supporting an investigation.

His campaign spokesperson at the time also claimed, “Information about Joe Biden and his son has been around for a long time and all alleged improprieties have been debunked by numerous sources.”

RELATED: Jones on Biden investigation: ‘We cannot go around trying to investigate every perceived enemy of the president, especially this president’

Overall, Jones has been quick to come to Biden’s defense this election cycle. Alabama’s junior senator defended Biden last year when he came under fire for remarks about former segregationist Democratic senators, as well as deeming past sexual misconduct allegations against Joe Biden as distractions from beating Trump in 2020.

Additionally, Jones earlier this year attacked the “credibility” of Tara Reade, the former Biden Senate staffer who has accused Biden of sexually assaulting her in 1993. She recently interviewed with “60 Minutes” in Australia about the alleged assault.

RELATED: Doug Jones: Biden does not have ‘senior moments’ — Just ‘Joe Biden moments’

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

3 hours ago

After staying flat for weeks, Alabama’s coronavirus numbers are going up again

Alabama’s coronavirus statistics have climbed steadily over the last week after spending more than a month on a plateau.

Over the last seven days, the state has averaged 898 new cases per day, a rate not experienced since the first few days of September.

Especially troubling to experts, 16.06% of coronavirus tests administered in the last 14 days have come back positive, the highest rate the state has ever experienced.

Yellowhammer News used numbers from the website BamaTracker for this report. BamaTracker collects and charts the information gathered by the Alabama Department of Public Health (ADPH).

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The disease has reached Alabama’s halls of power; Lt. Governor Will Ainsworth and at least five state senators have come down with the virus. Ainsworth reports being asymptomatic, but State. Sen Randy Price (R-Opelika) was hospitalized earlier this year during an endured an extended battle with COVID-19.

Between 6,300 and 7,000 coronavirus tests have been reported each day in Alabama during October, a rate that has remained consistent as the totals of new positive results have risen.

Yellowhammer News is referencing new cases as those testing positive via a molecular-based PCR test and confirmed by ADPH. When including positive results from rapid test devices, the average new cases per day for the last week rises to 1,129.

Ninety-nine Alabamians have been admitted to the hospital with COVID-19 each day over the last week, a tick up from the mid-80s average seen for most of the last six weeks, but not as pronounced as the rise in the new case count.

Clicking image opens interactive new cases chart in new tab. (BamaTracker)
Clicking image opens BamaTracker in new tab. (BamaTracker)

Public health experts have reported on numerous occasions that a rise in hospitalizations usually follows a rise in new cases by around two weeks, and increased deaths follow hospitalization surges by two to five weeks.

Sixty-five of Alabama’s 67 counties reported a new case of COVID-19 on Wednesday, indicating continued widespread transmission throughout the state.

Rural counties like Dekalb, Covington and Jackson have all had pronounced outbreaks in the last two weeks.

For the last seven days, Alabama has averaged 10 deaths among people with a confirmed case of the coronavirus. The state’s total death toll from the virus is now 2,843, with another 183 that are listed as probable but not yet confirmed by ADPH.

Alabama’s new cases, hospitalizations and deaths are all down from their mid to late summer peaks.

Dr. Don Williamson, head of the Alabama Hospital Association, told WSFA this week that he does not expect Alabama to be exempt “from what looks like it’s going to be a second wave” of the coronavirus.

Williamson further surmised to the Associated Press in recent days that Alabamians were suffering from “COVID fatigue” and not observing precautions like wearing masks or socially distancing as much as citizens did earlier in the fall.

Health officials are urging every citizen to go get a flu shot, saying that a bad flu outbreak on top of the ongoing coronavirus pandemic could be disastrous for the state and nation’s health care system.

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

4 hours ago

Ainsworth stands by opposition to mandatory masks, vaccines — ‘Everybody needs personal responsibility,’ ‘Gov’t mandate is a dangerous precedent’

Late Wednesday, Lt. Gov. Will Ainsworth’s office revealed he had tested positive for COVID-19, noting the diagnosis despite having followed CDC health and safety protocols.

Ainsworth had been a critic of the mask mandate and other restrictions implemented by Gov. Kay Ivey and State Health Officer Dr. Scott Harris done in the name of preventing the spread of coronavirus in the past.

During an interview with Mobile radio’s FM Talk 106.5 on Thursday, Ainsworth said he still felt the mandates were a “dangerous precedent” and suggested emphasizing personal responsibility.

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“It doesn’t at all,” he said. “I think everybody needs personal responsibility. I think the government mandate is a dangerous precedent. I stand by that. Here’s what I want you to understand, Jeff — I had a mask on in Sunday school and was the only person on the row I was sitting on. Maybe I got it somewhere else. Maybe I didn’t. But I guess my point is you can still do all these things, and I exercise caution. The virus — maybe it was on a doorknob. Who knows? But I still got it. So, I don’t think the mask is the cure-all that everybody necessarily thinks it is.”

“My thing is this: I think it is smart to wear a mask,” Ainsworth continued. “It’s going to be an extra layer of protection if you’ve got health issues. You need more than a mask. You probably don’t need to be out and about. You really need to be careful. But most people — they’ll be fine. They’ll get over it. We just need to utilize common sense and, you know, I think we’ll get through this. When a vaccine gets here, it’s going to help a lot.”

Ainsworth added that he was concerned about the possibility of mandatory vaccinations, as well.

“To me, Jeff, that’s just a policy issue,” he said. “I don’t think we need to be mandating masks.  I don’t think we need to be mandating vaccines. I don’t think that’s government’s role. I think that’s each individual’s role to decide what’s best for his or her family and that government should not be involved with that. That’s been my issue with this. Jeff Poor should decide whether or not he wants to wear a mask, or whether or not he should get a vaccine, not the government.”

@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 Mobile’s “The Jeff Poor Show” from 9 a.m.-12 p.m. on FM Talk 106.5.