King: Federal investigation into AG, office is closed

Alabama Attorney General Troy King said Thursday that his personal lawyers have been informed that a federal grand jury investigation into him and his office has been closed.
He said the office of new U.S. Attorney Joyce Vance of the Northern District of Alabama informed his attorneys that the investigation has been concluded and the grand jury has adjourned.
King, who stood next to his wife Paige as he read a prepared statement, talked about the difficulties on him and his family during "many months of intense scrutiny" and a protracted investigation. He did not take questions from the media.
"While this has been a long and often stressful process, I never wavered in the knowledge that I have conducted myself and the high office I hold in an honorable and ethical fashion, and in accordance with the law," he said in the prepared statement.
King said he and the public might never know the motivations of those who registered the complaints against him.
"Holding this office requires a person to demonstrate courage, sometimes even standing up to the powerful, sometimes at great cost," he said. "Doing right has always carried a cost though."
He said his office cooperated fully with the investigation.
Several current and former members of King's staff were called before the grand jury in the last year.
The office also hired outside attorneys to help respond to subpoenas for documents. Chief of Staff Chris Bence said he and Chief Deputy Attorney General Daniel Morris decided to hire the Birmingham firm of Bradley Arant Boult Cummings LLP.
The office requested the contract of up to $100,000 last summer.
Bence told the Montgomery Advertiser in August that Bradley Arant was hired on behalf of the office because many of the documents in the office are legally sensitive and attorneys need to be sure they process the subpoena accurately while protecting the legal rights of those involved in the cases.
He said at the time that some of the requests could include cases of attorney-client privilege and documents with other privileged information.
Bence told the Montgomery Advertiser in August that he and a handful of other employees had been called before the grand jury. The Associated Press reported in January that Bence was seen leaving the grand jury room with his attorney, Joe Espy, and confirmed he appeared before the panel for a third time.
The Birmingham News reported in May that the subpoenas sought all documents related to communication with Alabama Power Co., the Atlanta Braves, the Business Council of Alabama, political consultant Dax Swatek, and others.
King, his family and some friends used the private box of Southern Co., the parent of Alabama Power Co., during a Braves game in 2006.
Media outlets first reported the federal investigation of the attorney general's office in March 2009.
King, a Republican, is running for reelection to a second full term as attorney general. He faces fellow Republican Luther Strange in the primary. The Democrats who have announced they are running include James Anderson, Michel Nicrosi, and Giles Perkins.
"Surely the people of Alabama expect a higher standard from their chief law enforcement officer than simply not being indicted by a federal grand jury," Strange said in a statement issued after the announcement. "The public deserves an attorney general who is at work fighting public corruption instead of defending his office for months with over $100,000 of taxpayer money."
Strange has mentioned the investigation and the money spent on outside attorneys repeatedly when criticizing King. Strange is a former partner at Bradley Arant.
King, who was appointed to his position by Gov. Bob Riley in 2004 and ran successfully for a full term in 2006, did list some of his accomplishments during the Thursday statement. He talked about his work on behalf of victims.
With his arm around his wife, he said the "protracted ordeal" had deeply affected Paige and their three children. Unlike the spouses of some public officials, Paige King maintains a low profile and rarely appears at public events.
"She, even more than I, has had to explain to (their children) that the news reports and the schoolhouse gossip were not reasons to worry," King said. "She, like I, has explained that, once justice arrives, it is fair, and that they can be proud that their dad has done nothing wrong. Because of my calling into public service, my wife and my children have been painfully touched by this matter."
While the grand jury met in Montgomery, the U.S. attorney in the Northern District of Alabama conducted the investigation.
President Obama appointed Vance to one of the three U.S. attorney positions in Alabama. The investigation began under former U.S. Attorney Alice Martin, who was appointed to the position by President George W. Bush.
"Holding the office of the attorney general or U.S. attorney is a position of sacred trust. A prosecutor is vested with one of the highest callings in preserving our freedom and upholding our sense of justice, but that authority and responsibility can also be misused and abused if it goes unchecked," King said Thursday. "If the person holding such an office sets out to settle political scores, the very powers that protect and defend can also destroy reputations and hurt innocent people."

-- posted by Sebastian Kitchen

Riley, King spar over attempted raids

Two of the state's top elected officials sparred Friday over attempted raids on two casinos by a task force assembled by the governor.

Attorney General Troy King, in a letter hand delivered to the governor's office on Friday morning, wrote that he thought the actions of Gov. Bob Riley's Task Force on Illegal Gambling exposed the state to liability and that the situation could be resolved through the judicial system. The state's top law enforcement official also expressed concerns about the task force disregarding private property rights and due process.
Riley, in his response, wrote that he was "deeply disappointed that you continue to show more concern for the casino bosses in Alabama than for the enforcement of the law by dedicated law enforcement officials."
The governor accused King of "parroting the talking points of the gambling bosses."
King, soon after news of the attempted raids on VictoryLand in Macon County and Country Crossing near Dothan, advised the governor to use "caution in your approach." He said it is his constitutional duty to offer legal advice to the state and its officers.
"Regrettably, today's actions continue to escalate matters after weeks of news stories reporting on the public feud between you and the operators who were targeted this morning, about the discrediting and resigning of your first task force commander, and about the revelations of the large gambling contributions your new task force commander has taken from the competitors of those you raided," King wrote.

"Now, apparently, you have sent hundreds of Alabama state troopers, without a search warrant, onto private property at multiple locations. As I presume you know, (since your past actions have been taken under the cover and protection offered by a search warrant), the lack of a search warrant will shift the burden of proving probable cause to you."
Riley said the caution King urged would allow gambling interests to continue to flout the rule of law. He said the attorney general had no appreciation for the many hours of investigation undertaken before Friday's actions.
King also wrote that, along with the disregard for private property rights and due process, he is concerned that the actions are exposing the state's taxpayers, the commander, the directors of public safety and the Alcoholic Beverage Control Board, and Riley himself to liability.
"While your personal exposure is not my professional responsibility, you do remain my friend," King wrote. "However, the protection of the state treasury is my responsibility."

Riley and King have a longstanding disagreement over whether electronic bingo is legal in Alabama. Riley formed the task force in late 2008 to combat illegal gambling in the state and appointed former Jefferson County District Attorney David Barber as the commander.
Barber resigned Jan. 13 after winning $2,300 at a legal Indian casino in Mississippi. Riley appointed Mobile County District Attorney John Tyson, a Democrat, as commander on Monday.
Riley and King are both Republicans and the governor appointed King to his current position in 2004.
The attorney general wrote that he has advised Riley before and again even more strongly advised him now "to take the most civil and orderly way to proceed while respecting the legal process. I again urge you to file and litigate a declaratory judgment action which will develop the facts which can then be placed before the Alabama Supreme Court."
He wrote that the "current course could disadvantage the state if it places these matters in front of judges whose criminal court rulings are unappealable by the state."
King, in his closing, wrote that he thought the best course was for people to vote to resolve the issue over the legality of gambling.
Riley wrote that the people of Alabama have already expressed their will.
"Rather than concern yourself with efforts to change the law, I suggest that your time would be better spent enforcing the law as written," the governor wrote. "That is what the people elected you to do."

Chris Bence, chief of staff for King, said the letter was not sent out in mass to the media, but only to the outlets that requested it.
Riley, on the other hand, responded with a letter sent to state media.
He said he was puzzled why King was not more concerned about the "lawless action of the circuit judge in Macon County who enjoined an ongoing criminal operation notwithstanding that the Alabama Supreme Court ruled just two weeks ago that circuit judges have no jurisdiction to do that."
Riley said opinions by the Alabama Supreme Court on Friday and in November reiterate that bingo must be played by people, not machines, and that people must physically mark their cards. "Without any shadow of a doubt, every machine at Country Crossing, and every machine at VictoryLand, makes those determinations for the player," Riley wrote. "Therefore, those machines are simply not legal under any bingo amendment."
Mentioning an opinion by King, Riley said the Alabama Supreme Court has ruled two times in three months "that you were wrong."
"While you might prefer declaratory judgment actions that will take months to resolve while the gambling bosses continue to rake in illegal profits, there is no stronger declaration than the one made by our supreme court," Riley wrote.
Bence also emphasized that the task force was operating without any communication with King, the top law enforcement officer in the state.
"We are not a part of the task force and we were not invited to be in it," Bence said. "He purposely excluded us. We have no connection with the task force and do not know what its activities are. However, as attorney general, Troy King does have the obligation of informing the governor, which we are doing by letter, of our concerns about the process."

-- posted by Sebastian Kitchen