a state's response to hubbard's selective and vindictive prosecution motion (filed copy)

7/23/2019 A State's Response to Hubbard's Selective and Vindictive Prosecution Motion (FILED COPY)

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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

STATE OF ALABAMA )

)

)

)

v. ) CASE NO. CC-2014-000565

))

MICHAEL GREGORY HUBBARD, )

Defendant. )

STATES RESPONSE TO HUBBARDS MOTION TO DISMISS BASEDON 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

f l t f i l ti th Ethi L Lik hi t ti t di i

ELECTRONICALLY FILED9/21/2015 4:37 PM

43-CC-2014-000565.00CIRCUIT COURT OF

LEE COUNTY, ALABAMAMARY B. ROBERSON, CLERK

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felon co nts of iolating the Ethics La Like his past motions to dismiss

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 alsoCrawford 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

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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 reviewbecause 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

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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

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enforcement priorities, and the cases relationship to the Governments overall

enforcement plan. Id. (quotingArmstrong, 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

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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 individuals

are not similarly situated. 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,

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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

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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 alsoJanuary 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

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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

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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

bypolitics. Hubbardsunsupported 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.

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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 Hubbardspress 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,

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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 Hubbardsclose 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 thatHubbard

considersStrange 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.

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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.8See Attorney

General Luther Stranges Response to Deposition ViaWritten 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.

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sworn into his office as the States Chief Law Enforcement Office r on January 19,

2011. Since that time, the Attorney Generals Office has prosecuted approximately

27 defendants for criminal violations of the Ethics Law. (SeeExhibit 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

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OF COUNSEL:

W. Van DavisSupernumerary District Attorney,

Acting Attorney General423 23rdSt. North

Pell City, AL [email protected]

Michael B. Duffy

Deputy Attorney General

[email protected] OF THE ATTORNEY GENERAL

STATE OF ALABAMA501 Washington Avenue

P.O. Box 300152Montgomery, AL 36130-0152

(334) 242-7300

(334) 242-4890FAX

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mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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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 sendnotification of such filing to the following registered persons, and that those

persons not registered with the AlaFile system were served a copy of the foregoingby 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 35203Phone: (205) 323-1888

FAX: (205) [email protected]

[email protected]@whitearnolddowd.com

[email protected]

R. Lance Bell

Trussell Funderburg Rea & Bell, PC1905 1stAve South

Pell City, AL 35125-1611lance@tfrblaw com

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mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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EXHIBIT A


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From: Mike Hubbard < >Sent: 10/4/2011 10:08:08 PM +00:00

To:Subject: 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 PMTo: Mike HubbardSubject: 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 madea 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 andathletes. 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

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>> 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 onbehalf 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

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 ourproposed agenda. We presented the latest statewide survey showing that people really like what we're doing, etc. We provided a bookwith tons of background information which impressed everyone (of course, it is your old staff that makes me look good). Had afreshman 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

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EXHIBIT B

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From Mike Hubbard

To Brooke Will

Sent 1 26 2012 12 00 50 AM

Subject Update

Will

Enjoyed seeing you on Tuesday 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 runs out o n Ma rc h 31

It s ironic that I was the architect of putting a pro business legislature in place yet

businesses seem to want to avoid any personal association with me like the plague

Sent from Mike Hubbard s iPhone

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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 < >

Subject:Re: Gov. Robert Bentley: 2003 tax plan 'the worst thing we ever tried to

do'

Thank you, Governor. I really appreciate that.

I know that some of my fellow Speakers serve on corporate boards that pay them. Iknow 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 tocontinue 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 wrote:Governor:

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 withma keting and sales? Ma be $5000 $7500 pe month fo me to make sales calls

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EXHIBIT D


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EXHIBIT E


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EXHIBIT F


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From: "Hubbard, Mike" < >Sent: 1/19/2011 3:24:05 PM +00:00

To: Minda Campbell < >Subject: 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 activityand 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 athiring great people to run things for me here at the network.

-----Original Message-----

From: Minda Campbell [mailto: ]Sent: Wednesday, January 19, 2011 9:08 AMTo: Hubbard, MikeSubject: 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 dayops. 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 whowould 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 replaceyou?

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.

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>> On Jan 19, 2011, at 8:31 AM, Hubbard, Mike wrote:>>>>> See you then. Have you spoken with GBR?>>>

>>> -----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 canchange, 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

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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 ofthe 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

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 awayfrom 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, Christianand 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, Ifeel 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 myassistance. 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 Ithink 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

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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

>>> 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

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EXHIBIT G

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1

1 STATE OF ALABAMA

2 ATTORNEY GENERAL'S OFFICE

3

4 IN THE MATTER OF

5 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,

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2

1 MR. WHITE: This is politics at its

2 worst, and it's past time for this state

3 to stop using our criminal justice system

4 to advance a political candidate or a

5 political agenda.

6 UNIDENTIFIED SPEAKER: Amen.

7 MR. WHITE: This indictment seeks to

8 put a cloud not just over Mike and his

9 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

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3

1 defended and, yes, endorsed. At the

2 appropriate time and place, we will do

3 that and we will be ready.

4 Speaker Hubbard, starting today,

5 is going to concentrate over the next two

6 weeks on his campaign, and our team is

7 going to concentrate on advancing this

8 case as quickly as possible. I think it

9 is only appropriate -- and being a

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

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4

1 will not step aside as Speaker.

2 As I indicated today, any

3 questions about this case, he will defer

4 to the legal team, and I will be here for

5 a little while after the last speaker.

6 The legal team is anxious and ready to go

7 on offense.

8 Mike, thank you for the privilege

9 of being your lawyer.

10 SPEAKER HUBBARD: Thank you.

11 MR. WHITE: Next, it is my privilege

12 to introduce to you Congressman Mike

13 Rogers.

14 REP. ROGERS: It's my honor to be in

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5

1 him, I wouldn't have cleared my schedule

2 in two counties today to be here for this

3 event.

4 You know, I have worked with Mike

5 in the Legislature before I went to

6 Congress, and I've had the chance to work

7 with him over the last 12 years as your

8 congressman to try to make and keep Lee

9 County one of the best communities in

10 America in which to live.

11 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

6

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6

1 what's happened here. What's happening

2 in this county is political. It started

3 two years ago. But if you had any doubt,

4 the fact that it was dropped two weeks

5 before the election should answer that

6 question.

7 Now, you say, Mike, you're saying

8 this is political, but the Democrats

9 aren't doing this. And you're right.

10 Think about this. Who would like to be

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? That's where

7

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7

1 going to have it and you're going to

2 re-elect Mike Hubbard.

3 MR. WHITE: Next I'd like to call on

4 the president of Auburn Chamber of

5 Commerce, Joe Donaldson.

6

MR. DONALDSON: Good afternoon. My

7 name is Joe Donaldson, and I'm a graduate

8 of Auburn University, a former

9 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. I serve multiple capacities

14 within the business community here in

8

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8

1 see his determination. A couple of

2 examples, expansion of the airport and

3 Mike's constant support of what we in

4 Auburn put on a high standard, which is

5 quality education, not only K through 12

6

but Auburn University as well.

7 I started my business from

8 scratch here in Auburn nearly ten years

9 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

9

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9

1 Thank you.

2 MR. WHITE: Next we're going to hear

3 from the mayor of the City of Auburn,

4 Mayor Ham.

5 Mayor, I am not the one that

6

scheduled you to follow Joe. So don't

7 blame me.

8 MAYOR HAM: Well, I'll tell you what.

9 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. So those are

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10

1 over the last going on 17 years to serve

2 as the mayor of the City of Auburn. But

3 serving as mayor -- and we've been very

4 fortunate. It's -- it's a team sport,

5 and I -- what I mean by that is the good

6

fortunes that we've had -- and certainly

7 we've had stumbles like any other

8 community. But the growth in Auburn

9 University, the good things that have

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

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11

1 brings and the latest announcements from

2 GE Aviation.

3 And I've got to tell you that

4 this morning, a couple of hours ago, I

5 talked to my good friend, Gary Fuller,

6

the mayor of Opelika. He is out of the

7 country. He regrets so much that he

8 can't stand here with me today. But he

9 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 So thank you, Mike, and thank

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12

1 bit this afternoon in support of what an

2 incredibly supportive leader Mike Hubbard

3 has been to the children of Lee County.

4 No one has worked harder to make sure

5 that we have the best schools not only in

6

the state but in the nation.

7 Even though I am retired, I did

8 serve as an educator in our local schools

9 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. We know how

13 important education is in a community.

14 It truly takes the support of the entire

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13

1 you have a student who is receiving their

2 PhD, Mike has worked hard to make sure

3 that we have facilities and funding to

4 provide our kids with a world-class

5 education.

6

Often when we have friends who

7 visit Auburn, they are just in awe of the

8 beauty of Auburn University. And today

9 Auburn is one of America's leading

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

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14

1 have gone to church with Mike over the

2 past 20 years. And this is

3 heartbreaking. And my -- my prayers and

4 support just go to be with Mike and

5 his -- his family during this time.

6

Thank you.

7 MR. WHITE: And now I call upon Mac

8 McClendon, state representative, to make

9 a few remarks, and also -- Mac

10 McCutcheon. You're absolutely right.

11 Thank you. Thanks.

12 My apologies, Representative.

13 That's the problem with spending too much

14 time on 280.

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15

1 support you in this.

2 For those of us in the

3 Legislature, especially in the House, we

4 have been watching this grand jury

5 investigate for way, way, way too long.

6

We have sat in wait looking to see what

7 the results would be. And this may sound

8 a little strange to you, but from our

9 perspective, we're glad this day is here

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

16

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16

1 have promoted legislation for moral

2 values. We have done so many things.

3 And all of this has come under the

4 leadership of Mike Hubbard, Speaker of

5 the House. And we applaud you for that.

6

I get to spend a lot of time with

7 Speaker Hubbard due to the fact that my

8 office is right next to his.

9 You know, you wouldn't let me

10 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

17

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17

1 and here we are today because he has --

2 he has taken a stand for what is right

3 and good in Alabama. And, therefore, we

4 need to see through all of this and look

5 to see the good things that he has done

6

in his leadership role.

7 Four years ago when we won the

8 majority in the Legislature as

9 Republicans, we looked back to Speaker

10 Mike Hubbard for his leadership in what

11 he has done for us. As we move forward

12 with this, all of my colleagues here

13 stand -- we stand firm together because

14 we know when it comes to leadership that

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18

1 and it can get very hectic -- and setting

2 goals for our state, he also takes time

3 to go and take care of his district and

4 the people that is -- that is in this

5 district that he loves so dearly.

6

So as we move forward with

7 this -- Susan, our prayers are with

8 y'all. We love y'all and your family,

9 and we support you.

10 So at this time, I'm going to

11 introduce the Speaker of the House of

12 Representative, Mike Hubbard.

13 SPEAKER HUBBARD: Thank you. Thank

14 you so much.

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19

1 middle of the week to drop everything

2 you're doing to drive from Huntsville,

3 Mobile, Tuscaloosa, Birmingham, all

4 points in between to be here. And I'll

5 tell you your support means more than you

6

will ever know. It means a tremendous

7 amount.

8 My friend Del Marsh, who is the

9 President Pro Tem of the Senate -- we

10 were partners together in the Republican

11 Party during the takeover. And I

12 absolutely love working with Del. We

13 have a tremendous working relationship

14 between the House and the Senate. We

20

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20

1 does mean a tremendous amount, and I'll

2 never be able to thank you enough.

3 You know, I guess the question

4 today is why is all of this happening.

5 And it's a good question. And I'll tell

6 you why it's happening. It's happening

7 because we, all of us here in the House

8 of Representative and my colleagues in

9 the Senate -- we have made tremendous

10 changes in the state of Alabama over the

11 last four years. We have made

12 monumental, substantive changes that

13 definitely is shaking up the status quo.

14 And during that -- that process, we have

21

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21

1 a badge of honor. They've spent almost

2 as much against Del.

3 I think they dislike me more than

4 they dislike you, Del.

5 But that's the reason this is

6 happening, and -- and it's all about

7 putting a stop on the positive progress

8 that we are making in the state of

9 Alabama.

10 And look at what we've done here

11 in Lee County. We have the third lowest

12 unemployment rate in the state. We're

13 one of the fastest growing areas of the

14 state. We have some of the best schools

22

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22

1 weeks we will be finding out and exposing

2 why all of this is taking place, and why

3 is it that the Attorney General's Office

4 thinks that it's a crime to have a

5 business and thinks that you cannot do

6 business with anyone that you didn't know

7 before you were elected to office. I

8 mean, it can be any one of us up here who

9 is standing facing this. Obviously

10 that's on the wrong track.

11 But I can tell you that we are

12 working hard. I'm focusing on November

13 the 4th. That is the number one goal is

14 to make sure that we win this re-election

23

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23

1 She's the associate dean of the college

2 of human sciences. She has her own

3 career. She doesn't deserve to have to

4 go through this. I have told her that

5 and I've apologized for that.

6 And -- and neither did my two

7 boys. My son Clayte, who is a freshman

8 at Furhman University. You know, I

9 talked to him. 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

24

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1 much and -- and I appreciate you standing

2 by me as we go through this process.

3 I'm looking forward to the next

4 few weeks. As was said, it's finally --

5 you know, our -- I respect the law, and

6 the Grand Jury Secrecy Act is the law.

7 Now, there have been leaks. All of you

8 in the media know there have been more

9 leaks than the Titanic coming out of this

10 grand jury. But I have not said anything

11 because I respect the law, and I'm not

12 going to break the law.

13 But now I'm able to defend myself

14 and I'm able to expose what has been

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1 MR. WHITE: Well, recognizing that

2 I've already gotten the PGA mixed up with

3 the GOP when I came out to introduce

4 Mike, I'll take just a few questions

5 but -- legal --

6 Phil.

7 MEDIA: We particularly call this a

8 political witch hunt. Who is conducting

9 the witch hunt? 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

26

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1 can have -- you can have a political

2 fight in a church. You can have a

3 political fight in your family. You can

4 have a political fight in your business.

5 But the fact that this is a

6 political witch hunt -- I think

7 Congressman said it better than anybody.

8 And I'm going to tell you something,

9 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? This is -- I

27

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1 one day he says he's recused and then the

2 next day he writes a letter to Van Davis

3 and says thank you for reporting to me on

4 the Lee County Grand Jury.

5 It is sort of what my grandson

6 would call a hokey-pokey philosophy.

7 Because he puts his right foot in, then

8 he takes his right foot out. And I never

9 know when he's Attorney General or when

10 he's not.

11 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

28

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1 The Alabama Ethics Act has a

2 provision that got buried in it that says

3 the chairman and the co-chairman of the

4 political party is subject to the act.

5 There has never been an investigation to

6 my knowledge and I'm confident there's

7 never been a prosecution and no one has

8 ever proceeded under that provision until

9 now. Because essentially you're talking

10 about the government trying to regulate

11 political activity. And that's what --

12 that's as dangerous as anything you've

13 ever seen. It is -- absolutely creates

14 First Amendment issues having to do with

29

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1 this state, that is as chilling and as

2 frightening as anything I have ever seen.

3 Those people that are named in

4 there have -- have had a taint placed on

5 their name that is totally unfair.

6 How many people in here have made

7 a private investment that returned 6

8 percent? That's what they did, and

9 that's what got them into that

10 indictment. I wish I had a single

11 investment that returned 6 percent. And

12 to taint the leaders of this state with

13 that kind of allegation in an

14 unprecedented manner creates a

30

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1 be filing something soon regarding the

2 composition of the special prosecutors.

3 Is that -- how will that differ

4 substantially from what was filed in the

5 hearing in the case already?

6 MR. WHITE: Well, I'm a lot younger

7 than Bill Baxley.

8 Now, seriously -- seriously,

9 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.

31

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1 in court? Do you have that right? But a

2 person who has to try and raise any issue

3 while a grand jury is meeting is not

4 permitted to do that in a public filing.

5 So one good thing that's coming

6 out of this is when I talk to my --

7 Mike's boys, particularly his oldest one,

8 and he says, have you really been doing

9 anything for Dad -- I look forward to

10 being vindicated very soon.

11 Hand. Yes, ma'am.

12 MEDIA: Is there any truth to these

13 charges at all?

14 MR. WHITE: Well, no.

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1 fundamental legal issues. Number one, as

2 a matter of law -- as a matter of law, is

3 this conduct -- I'm going to look around

4 here at the people that make the law.

5 And what I'm looking at is I don't

6 believe if they thought that was the law

7 that they made, that they would be

8 standing here. So there are legal issues

9 that are there, and there are significant

10 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.

33

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1 and then they show up in that land where

2 I really don't understand, the Internet

3 and those what I call blog people that

4 are out there. And so those leaks --

5 And let me say this is not my

6 first rodeo. But by way of example, when

7 someone says I have sources close to the

8 grand jury that have told me X, Y, and Z,

9 I think that sounds like a leak. 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

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1 MR. WHITE: Well, you're doing it

2 right now. Your prayers, your thoughts,

3 your support, your vote. Well, I'm the

4 legal guy, but I would say that these

5 guys -- these folks back here are pretty

6 much -- I think that's it.

7 His -- Mike has got to

8 concentrate the next two weeks on the

9 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. And

12 so we've got our mission laid out for us.

13 But I tell you one thing. You

14 can remember this. Mike Hubbard is the

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1 Craftmasters? Is that -- is that what

2 you're specifically referring to, or is

3 there other -- other businesses you're

4 referring to?

5 MR. WHITE: Yes.

6 MEDIA: So Craftmasters, sir?

7 MR. WHITE: Uh-huh.

8 MEDIA: Craftmasters?

9 MR. WHITE: Uh-huh.

10 MEDIA: Thank you.

11 MEDIA: I don't have a legal

12 question. Mr. Speaker, I have a question

13 for you and your wife. How -- how -- how

14 much thought did you give to -- to

36

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1 hunt. Is this just the AG's office or is

2 there other entities involved?

3 MR. WHITE: Yes. I'm not being

4 facetious. Stand by.

5 Yes, sir.

6 MEDIA: A lot has been said about the

7 timing as it regards the general

8 election. Do you suspect having any

9 information -- or getting any information

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

37

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1 Can't you just call me Mark?

2 MEDIA: You talked about how you were

3 frightened and chilled by the number of

4 names you saw on that indictment.

5 MR. WHITE: Right.

6 MEDIA: But were you surprised that

7 you saw it, or did you have any

8 expectations that any of the grand jury

9 would rattle off that many names on

10 (unintelligible)?

11 MR. WHITE: One of the problems we've

12 had for the last two years is getting the

13 answer to a basic question. So what is

14 this about? So -- so what are these

38

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1 but I was disappointed in that our

2 justice system is being totally abused

3 and misused.

4 Thank you very much.

5 * * END OF PROCEEDINGS * *

6

7

8

9

10

11

12

13

14

39

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1 REPORTER'S CERTIFICATE

2 STATE OF ALABAMA

3 MONTGOMERY COUNTY

4 I, Gwendolyn P. Timbie, Certified

5 Court Reporter and Commissioner for the State

6 of Alabama at Large, hereby certify that on

7 Monday, January 5, 2015, I reported the

8 TAPE-RECORDED PROCEEDINGS in the matter of

9 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

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WORD INDEX

< $ >$150,000 34:23

< 1 >10 39:2112 4:17 5:7 8:514 23:1515 39:2017 10:1 39:21172 39:20

< 2 >2 39:920 14:22015 1:18 39:7,16

25 11:22 12:9280 14:14

< 3 >3 39:2130 39:2038 39:10

< 4 >4th 22:13

< 5 >5 1:18 39:7

abused 38:2accurate 39:10accusations 15:10Act 24:6 28:1, 4

Acting 25:14

activities 2:21activity 28:11acts 23:14administrators12:11

advance 2:4, 14advancing 3:7

afternoon 7:611:20 12:1 14:18

age 37:20agenda 2:521:23 29:20

36:17

ago 6:3 8:911:4 17:7

AG's 36:1, 11airport 8:2ALABAMA 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 29:13allegations 31:1733:17 34:21

26:7 33:15

apologies 14:12apologized 23:5appear 27:18

applaud 16:5

appreciate 8:16,23 9:9 23:23

24:1

appropriate 3:2, 9area 16:16areas 21:13aside 4:1

aspect 30:9assistant 25:14associate 23:1association 28:15attack 2:12, 16, 18attempt 2:1930:14

attending 18:16

ATTORNEY 1:222:3 25:14

26:13, 20 27:9

Auburn 4:15, 167:4, 8, 9, 15, 16

8:4, 6, 8, 13 9:3,

11 10:2, 8, 21

13:7, 8, 9 21:15

Aviation 10:2311:2

awe 13:7

big 5:22bigger 21:22Bill 30:7Birmingham 19:3

bit 12:1 36:21

blame 9:7blessing 17:21blog 33:3board 7:16boils 31:15boys 18:20 23:731:7

break 24:12brings 11:1brought 7:18building 8:20buried 28:2burning 8:19business 7:14, 208:7 9:21 22:5, 6

26:4businesses 8:1310:14 34:20 35:3

businessman 7:139:13

< C >call 7:3 11:16

14:7 25:7 27:633:3 37:1

campaign 3:6

41

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Certified 1:1639:4

certify 39:6, 12chairman 7:1528:3

challenges 12:10Chamber 7:4, 169:14

chance 5:6change 21:2130:20

changes 20:10, 12

character 5:15charges 31:1336:18 37:15

Chicago-style6:17

children 12:313:22

chilled 37:3

chilling 29:1church 14:1 26:2citizen 2:1730:21 37:22

citizens 2:1028:23

City 9:3, 11 10:2Clayte 9:17 23:7

clear 6:22 32:16cleared 5:1clearing 24:16

coming 10:2224:9 31:5 32:19,

20

Commerce 7:5,16 9:14

COMMISSION39:21

Commissioner1:17 39:5, 19

communities 5:9community 5:147:14 10:8, 10

12:13, 15composition 30:2concentrate 3:5,7 34:8

conduct 2:2029:16, 18, 19 32:3

conducting 25:8,10, 12

CONFERENCE1:5, 13

confident 28:6Congress 4:17, 195:6

Congressman4:12 5:8, 19 26:7

consistently 7:21

constant 8:3constituted 30:23contain 39:10

Court 1:16 31:139:5, 18

Craftmasters35:1, 6, 8

create 2:14

creates 28:1329:14

crime 22:4 31:18criminal 2:3current 25:13

< D >

Dad 31:9dangerous 28:12Davis 27:2day 12:9, 10, 1215:9 19:15, 15

27:1, 2 30:23

33:19 34:15

39:16

days 30:10dean 23:1dearly 18:5decent 28:23defeat 16:23defend 24:13defended 3:1defer 4:3

define 25:20definitely 20:13Del 19:8 12

district 18:3, 522:18 35:21

doing 6:9 16:1219:2 26:9 31:8

34:1

dollars 16:21, 2220:20

Donaldson 7:5, 6,7

door-to-door23:17

doubt 6:3

drive 19:2drop 19:1dropped 6:4due 8:11 16:7

< E >early 34:10economic 2:15

15:23 16:17education 8:510:13 12:13 13:5

educator 11:17,21 12:8 13:13

educators 13:14effort 10:16, 21elaborate 31:20

elected 22:7election 6:517:19 36:8 12 18

42

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experiencing16:17

Expires 39:20, 21explain 23:21expose 24:14exposing 22:1

< F >face 12:12facetious 31:2336:4

facilities 13:3

facing 3:19 22:9fact 6:4 13:2016:7 26:5 36:11

facts 32:13factual 32:1037:16

fair 15:17false 31:16

families 10:14family 2:9 9:1811:13 13:21

14:5 16:19 18:8

22:23 23:23 26:3

far 28:20fastest 21:13feel 4:23 36:23

fifth 16:10fight 7:21 26:2,3 4

9:15 33:14 34:5

follow 9:6foot 27:7, 8Forbes 10:12forces 35:20foregoing 39:9former 7:8, 108:17, 18

fortunate 9:2310:4, 11 12:18

fortunately 28:16fortunes 10:6

forward 13:1717:11 18:6

19:18 22:16, 17,

19 24:3, 15, 16,

17, 19 31:9 33:10

foster 9:21, 21found 5:18four 6:11 15:20

17:7 20:11 34:22foxhole 8:21frankly 31:21free 28:15freshman 23:7friend 4:21, 227:12 11:5 13:21

14:23 15:16 19:8

friends 13:619:20

frightened 37:3

22:3

gentlemen 24:18getting 36:937:12

give 3:22 27:1635:14

glad 15:9go 4:6 6:2114:4 15:11 18:3

23:4, 18 24:2

goal 22:13goals 18:2

going 3:5, 7, 146:15 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 7:610:5, 9 11:5, 19

14:18 17:3, 5

20:5, 23 31:5, 22

GOP 25:3gotten 25:2government 2:1915:18, 22 28:10

governor 6:11graduate 3:107:7

< H >habitual 27:13Ham 9:4, 8Hand 31:1132:15

happen 8:14happened 6:110:10

happening 6:120:4, 6, 6 21:6

hard 5:11 7:21

13:2 16:15 22:12harder 5:13 12:4heading 9:13hear 9:2hearing 30:536:13 37:18

heartbreaking14:3

hectic 18:1help 12:17 33:22high 8:4 23:16hokey-pokey 27:6home 5:14honor 4:14 21:1honored 4:18, 209:16

hope 17:18hours 11:4House 15:3 16:5

43

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hunt 25:8, 9, 1126:6 27:15 36:1

Huntsville 19:2hurry-up 3:12

< I >idea 32:19ideal 8:12identify 26:10illegally 30:23impeccable 5:16important 12:13

including 7:1513:11

incredibly 12:2indicated 4:2INDICTMENT1:5, 14 2:7, 12,

15, 18, 23 27:12

29:10, 17 34:22

37:4individuals 25:1526:11

inform 36:10information32:12 36:9, 9

institution 3:10institutions 21:18

integrity 5:15interested 39:14interesting 32:14

issues 26:2228:14 32:1, 8, 10

33:11

its 2:1

< J >January 1:1839:7, 16

job 31:22jobs 2:14Joe 7:5, 7 9:6, 9John 29:22 30:9

Jones 11:17, 19,20

junior 23:16jury 15:4 24:6,10 27:4 30:17

31:3 32:17 33:8

37:8

justice 2:3 38:2

< K >keep 5:8kept 15:21kick-off 18:16kids 13:4kin 39:13kind 18:18

27:12 29:13kindergarten12:23

39:6, 19

latest 11:1law 24:5, 6, 11,12 32:2, 2, 4, 6

37:22

lawyer 4:9lawyers 28:17leader 12:215:15, 18

leaders 12:1629:12

leadership 8:15

13:11 16:4 17:6,10, 14, 15

leading 13:9leak 33:9, 11leaks 24:7, 932:17, 19, 23 33:4

Lee 5:8, 19 6:197:18 11:11 12:3,

19 16:14, 1517:19 21:11 27:4

legal 3:16 4:4, 624:21 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

22:17, 19 31:9

32:3

looked 17:9looking 15:624:3, 15, 16

25:21, 22 27:11

32:5

looks 23:14lot 16:6 28:1630:6 36:6

loud 6:22love 6:11 18:8

19:12loves 18:5low 15:21lowest 21:11Luther 26:14

< M >ma'am 31:11

33:21Mac 14:7, 9, 1520:19

magazine 10:12majority 17:8making 11:1121:8

man 16:15

manner 29:1439:14

marine 7:10 8:17

44

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20 32:16 33:22

34:19 35:6, 8, 10,

11, 23 36:6, 21

37:2, 6

medical 10:22meeting 31:3member 4:18mention 13:20mentioned 29:2334:19

met 34:10middle 19:1

MIKE 1:5, 142:8 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

31:7million 16:21, 2220:20

move 17:11 18:622:15 24:19

moving 9:2219:17 24:17

multiple 7:1327:19

multiplicity 28:2129:15

< N >name 7:7 11:2024:17 26:11 29:5

named 10:1129:3names 28:2237:4, 9

nation 12:6nearly 8:8necessarily 25:22need 12:21 17:4

neighbor 13:23neither 23:639:12

never 20:2 27:828:5, 7 35:18

new 10:13, 22NEWS 1:5nice 16:10

night 34:10November 22:12number 22:13

outside 35:20

< P >package 30:12pages 39:9parents 12:12part 8:11particularly 25:731:7

parties 2:2039:13

partisan 25:19

partner 19:16, 17partners 19:10partnership10:17, 17

partnerships 2:1311:10

Party 19:11 28:4pattern 27:13

29:16, 17, 19paying 23:12people 8:15 18:420:15 26:18

27:20 29:3, 6

32:4 33:3, 10

34:16

percent 29:8, 11

34:19permitted 31:4person 8:21

political 2:4, 5, 206:2, 8 25:8, 18,

23 26:1, 3, 4, 6

27:21 28:4, 11,

15 29:20 36:17

politics 2:1 6:1835:15

polls 6:22pop 7:19position 12:16positive 21:7possible 3:8

36:15practitioner 37:21prayers 14:316:20 18:7 34:2

presented 26:22president 7:419:9

PRESS 1:13

pretty 34:5primarily 32:23primary 20:19, 21private 2:13, 16,17, 22 28:23 29:7

privilege 4:8, 11,15

Pro 19:9

probably 37:21problem 14:13problems 33:12

45

DOCUMENT 367


87/97

provision 28:2, 8public 2:13 31:4pull 30:11put 2:8 8:4puts 27:7putting 21:7

< Q >quality 8:5question 6:620:3, 5 35:12, 12

37:13

questions 3:154:3 24:21 25:432:22

quick 30:10quickly 3:8quo 20:13

< R >

raise 11:13 31:233:10

raised 13:22rate 21:12rattle 37:9ready 3:3, 19 4:6Reagan 33:16real 6:13 16:13,

13 30:9realize 17:20really 19:23

relatively 27:19relocate 8:10, 11remarks 14:9remember 34:14remiss 13:19REP 4:14 14:1716:12

reported 39:7Reporter 1:1639:5, 18

REPORTER'S39:1

reporting 27:3REPRESENTATIVE 1:5, 14 12:2013:12 14:8, 12,

15 17:22 18:12

20:8 22:18 35:21

Representatives22:21

representing 4:16Republican 19:1025:20

Republicans 17:9repugnant 2:10research 21:17resign 3:23resigning 35:16

respect 24:5, 11results 15:739:15

< S >sat 15:6saved 15:22saw 12:9 37:4, 7saying 6:7says 27:1, 3 28:231:8 33:7

schedule 5:1scheduled 9:6school 10:2213:16 23:16

schools 12:5, 8,15, 22 13:16

21:14

science 6:16sciences 23:2scratch 8:8Secrecy 24:630:13, 14

see 5:20 6:238:1 15:6 16:13

17:4, 5 27:17

30:9, 13

seek 30:18seeks 2:7seen 2:22 28:1329:2

self 33:19Senate 19:9, 1420:9

sir 35:6 36:5, 20,21

sit 3:17 23:19skin 6:13small 7:19smart 28:17somebody 25:1934:17

son 23:7, 13Sonny 33:16soon 30:1 31:10sorry 23:17

sort 27:5sound 15:7sounds 33:9sources 33:7speak 11:23SPEAKER 2:63:4, 15 4:1, 5, 10

14:20, 22, 23

15:14 16:4, 7, 1117:9, 15 18:11,

13 22:20 35:12,

18, 22

special 30:2specifically 25:1032:18 34:21 35:2

speech 28:15

spend 16:6spending 14:13spent 16:20 23

46

DOCUMENT 367


88/97

29:1, 12 30:19

37:22 39:2, 5, 19

States 4:16 7:10status 20:13step 4:1stepping 35:15stop 2:3 21:7strange 15:826:14, 18, 20

street 3:11strongly 4:23struggles 12:10

student 12:2313:1students 12:11studies 23:11stumbles 10:7subject 27:2128:4 30:16

substantially 30:4

substantive 20:12success 37:18successes 10:19suggest 34:17support 8:3 9:15,17 12:1, 14, 19,

21 13:15 14:4

15:1 18:9, 21

19:5, 23 34:3supporters 19:20supportive 12:2

takes 12:14, 1618:2 27:8

talk 3:17 19:1523:19 31:6

talked 11:5 23:936:21 37:2

talking 26:13, 16,17 28:9 32:16

Tammy 11:16, 18,20

tape 1:15TAPE-RECORDE

D 1:13 39:8task 17:23tax 15:21teachers 12:11team 3:6, 12 4:4,6 10:4, 16 28:17

34:10

tell 3:11 5:12

6:17 9:8 11:318:19 19:5 20:5

22:11 23:22

26:8 34:13 37:21

Tem 19:9ten 8:8thank 4:8, 109:1, 19 11:14, 14,

19 13:15 14:6,11, 16, 17 18:13,

13 15 17 19:19

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thoughts 34:2three 32:12Timbie 1:1639:4, 18, 18

time 2:2 3:2, 175:12, 18 14:5, 14

16:6 17:19 18:2,

10 19:22 26:10

32:21

timing 36:7

Titanic 24:9today 3:4, 16 4:25:2 7:11 9:16,

19 11:8 13:8

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told 9:10 23:4,10 28:18 33:8

totally 29:5 38:2tough 16:19track 22:10transcribed 1:15transcription39:10

tremendous 19:6,13 20:1, 9

tried 34:17tries 25:19true 15:14 17

understand 25:1733:2

unemployment21:12

unfair 29:5unfortunately5:23

UNIDENTIFIED2:6

Unintelligible35:23 37:10

United 4:16 7:10

universities 13:10University 7:88:6 10:9, 21

13:8 21:16 23:8

unprecedent27:20

unprecedented28:20 29:14

use 2:21

< V >value 7:18values 16:2Van 27:2versus 25:20viable 6:14

vindicated 31:10vision 8:12visit 13:7

47

DOCUMENT 367


89/97

22:1 24:4 32:13

34:8 36:14

well 7:9 8:6 9:814:18 21:19, 22

25:1, 13 27:16

30:6 31:14, 21

33:18 34:1, 3

went 5:5we're 3:14 9:210:15 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, 74:11 7:3 9:2

11:16 14:7

24:22 25:1, 13

26:17 27:1630:6 31:14, 19,

21 32:21 34:1

35:5, 7, 9 36:3,

13, 23 37:5, 11

wife 22:23 35:13win 22:14wish 29:10

witch 25:8, 9, 1026:6 27:15 35:23

witnessed 7:17

y'all 18:8, 8year 16:18years 4:17 5:76:3, 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 3:1834:16, 18

young 10:14

younger 30:6

< Z >Zero 35:17

DOCUMENT 367


90/97

EXHIBIT H


91/97

DEFENDANTS NAME

DATE OF

INDICTMENT

ETHICS LAW

STATUTE CHARGED COURT CASE NUMBER DISPOSITION

Page 1of 7

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 Directed Verdict

Barron, Lowell 4/19/2013 36-25-6 (2 Counts) Dekalb County

Circuit Court

CC-2013-00077 Indictments

Dismissed

Bollinger, Timothy Frank 8/1/2011 36-25-5(a) (4 Counts)

36-25-6 (1 Count)

Marshall County Circuit

Court

CC-2011-572 Guilty Plea

Use of

Contributions

Bruister, Roy Hugh 08/22/2014 36-25-5(a) (1 count) Marshall County

Circuit Court

CC-2014-561.00 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


Use of Office for

Personal Gain2

counts

36-25-5(a)

Theft I

3 counts

13A-8-3


92/97

DEFENDANTS NAME

DATE OF

INDICTMENT

ETHICS LAW


Page 2of 7

Davis, Amy 04/15/2011 36-25-5(a) (15 counts) Elmore County

Circuit Court

CC-2011-0274 Guilty Verdict

Use of Official

Position for

Personal Gain

10 counts

(36-25-5(a)

Misuse of

Information19

counts

(41-9-601)

Dees, Jonathan 2/10/2012 13A-8-4(a) (1 count)36-25-5(a) (1 count)

36-25-5(c) (1 count)

Baldwin CountyCircuit Court


Use of Position for

Personal Gain

1 count

36-25-5(c)

Ellison, Tim 11/04/2013 36-25-5(a) (1 count) Elmore County

Circuit Court


Theft of Property

2nd

Degree

1 count13A-8-4

Theft of Property

3rd

Degree

1 count

13A-8-5

Use of Official

DATE OF ETHICS LAW


93/97

DEFENDANTS NAME

DATE OF

INDICTMENT

ETHICS LAW


Page 3of 7

Position or Office

for Personal Gain

1 count

36-25-5(a)

Grissett, Kenneth 2/9/2012 13A-8-4 (1 count)

36-25-5(a) (1 count)

36-25-5(c) (1 count)

Tuscaloosa County

Circuit Court


Theft of Property

2nd

Degree

13A-8-4 ( 1 count)

Harmon, Mack 11/8/2013 36-25-5(a) (1 count) Autauga County Circuit

Court

CC-2013-000287 Guilty Verdict

Use of Official

Position for

Personal Gain

Johnson, Jill 4/19/2013 36-25-6 (2 Counts) DeKalb County

Circuit Court

CC:2013-00078 Indictments

Dismissed

Masters, Joey 11/06/2013

(Complaint)

36-25-5(a) (1 count) Marshall County

District Court

DC-2013-001481 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


Unlawful use of a

credit card

1 count

13A-9-14

DATE OF ETHICS LAW


94/97

DEFENDANTS NAME

DATE OF

INDICTMENT

ETHICS LAW


Page 4of 7

Mitchell, Yancey Joe III 11/04/2013 36-15-62.1 (1 count)

36-25-5 (1 count)

Elmore County

Circuit Court


Theft of Property

3rdDegree

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


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


Theft of Property

1st

1 count

13A-8-3

Snellgrove, Bobby 12/12/2013 36-25-5(a) (2 Counts) Houston County

Circuit Court

CC-2013-001710 Not Guilty

Verdict

Stallworth, Terry 3/9/2012 13A-8-4(a) (1 count)

36-215-5(a) (1 count)

Mobile County

Circuit Court


Use of Position for

DATE OF ETHICS LAW


95/97

DEFENDANTS NAME

DATE OF

INDICTMENT

ETHICS LAW


Page 5of 7

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 CountyCircuit 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)

Stoudemire, Ernest 11/08/2013 36-25-5(a) (1 count) Autauga County

Circuit Court


Use of OfficialOffice for

Personal Gain1

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


Teel, Ryan 6/11/2010 36-25-11 (1 Count)

36-25-5(a) (1 Count)

Etowah County

Circuit Court


DATE OF ETHICS LAW


96/97

DEFENDANTS NAME

DATE OF

INDICTMENT

ETHICS LAW


Page 6of 7

Tyson, Richard Wayne 08/26/2013 36-25-5(a) (1 count) Russell County

Circuit Court


Use of Official

Office for

Personal Gain1

count

36-25-5(a)

Warren, Melody 09/03/2014 36-25-5(a) (1 count) Calhoun County

Circuit Court


Theft of Property

2nd

1 count

13A-8-3

Watson, Monica 08/03/2011 36-25-5(a) (1 count) Escambia County

Circuit Court


Use of Office for

Personal Gain1

count

36-25-5(a)

Forgery Second

Degree

1 count

13A-9-3

DATE OF ETHICS LAW


97/97

DEFENDANTS NAME

DATE OF

INDICTMENT

ETHICS LAW


Wren, Greg David 03/31/2014 36-25-5(a) (1 count) Montgomery County

District Court

DC-2014-000809 Guilty Plea

Use of Official

Position for

Personal Gain1

count

36-25-5(a)

a state's response to hubbard's selective and vindictive prosecution motion (filed copy)

Documents