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Battle of the Constitutional Officers, BINGO!

George Altman of the Mobile Press-Register has a follow-up today to his report from Sunday that Alabama Attorney General Troy King may “intervene” as early as tomorrow in Governor Bob Riley’s Taskforce on Illegal Gaming.  Altman notes that it is now likely that if the attorney general acts, the issue will have to be settled in the Alabama Supreme Court.  A box in the article points to two competing sections of the law that would form the legal question in this case:

Alabama law gives both the governor and the attorney general the authority to order district attorneys, both sitting and retired, to investigate cases. The governor’s gambling task force is based on that rule. A separate law allows the attorney general to take over any criminal case.

Code of Alabama, section 12-17-184

“It is the duty of every district attorney and assistant district attorney, within the circuit, county, or other territory for which he or she is elected or appointed: … to go to any place in the state of Alabama and prosecute any case or cases, or work with any grand jury, when called upon to do so by the attorney general or the governor of the state of Alabama, and to attend sessions of courts and transact all of the duties of the district attorney in the courts whenever called upon by the attorney general or the governor to do so.”
             
Code of Alabama, section 36-15-14
             
“The attorney general, either in person or by one of his assistants, may at any time he sees proper, either before or after indictment, superintend and direct the prosecution of any criminal case in any of the courts of this state. The district attorney prosecuting in such court shall assist and act in connection with the attorney general or his assistant in such case.”

 The debate between the governor’s office and the attorney general’s office has been raging for well over a year now, hinging on the definition of bingo and what machines are allowed or not allowed to be in operation.  In the piece on Sunday,

The source in the attorney general’s office said that King’s concerns have grown in recent days, particularly over Greenetrack, a gambling hall about 30 miles southwest of Tuscaloosa that local officials have vowed to defend from any task force raid.

It seems as if Greenetrack has become the “last stand”, as Victoryland and Country Crossing have closed rather than face the prospect of an armed raid and local officials have vowed to not allow a warrantless raid on Greenetrack.  Pleadings have come from casino owners and legislators for the AG to put a stop to it.  There is no doubt there is also a strong political undercurrent to this whole debate.  The governor has a distinct advantage, in that he is not standing for re-election.  The attorney general, on the other hand, is facing a strong primary challenge from Luther Strange.  How Troy King plays his hand in the coming weeks may well determine whether he is still going to be the attorney general come the June primary, much less in November.

Meanwhile, as the governor and attorney general go round and round on this issue, the state senate will take up the debate this afternoon, with new legislation that would make electronic bingo gaming explicitly legal and tax the proceeds.  I indicated back in November this issue had the potential to suck out all the political air in this state…and it certainly has done that…and the end doesn’t look near.

Mysterious Telephone Polling of Statewide Vote on Bingo

I received the following message just now, which was likely just the end of the call:

TRANSCRIPT: …They are not willing to let you vote yes or no on bingo. If you believe that you should have the right to vote on bingo, please press 1. If not, Press. 2.

No identification of who is conducting the poll in the tail end, but it may have been before my voicemail started recording…the phone number was from the 256 area code, but I was unable to trace it to a source.  Anyone else getting this message and does anyone know how the recorded message starts?

Friday Recap – What You May Have Missed

My friend Danny at Political Parlor had to play some catch-up this past Tuesday, and I have been MIA for even longer.  I will be working to try to get back to some form of normalcy here, I appreciate all my readers and friends who have offered support and encouragement during a difficult time for me and my family.

So, what have you missed?

I hope to get back to a more regular pattern of reporting and commenting in the next few weeks.  Thank you for continuing to stop by and feel free to offer your comments on these events below.

Davis Advocates Pressing the Reset Button on Healthcare, Focusing on Jobs

As noted already by Politico (first in a blog, then a full-blown article) and Left in Alabama, candidate for Alabama governor, Rep. Artur Davis released a statement today blasting his primary opponent and advocating taking a step back from healthcare reform to focus on jobs,

Leadership is about building broad support for results.  By that definition, it is increasingly obvious that the political process in Washington has failed to lead on health care reform, and that Americans in every corner of the country want a different approach.

It is clear that Alabamians share the same deep concerns. They believe, as I do, that we need to get on with the essential task of revitalizing this economy and getting Americans and Alabamians back to work. They also agree that instead of trying to do too much, Congress should return to a simple focus: helping individuals and businesses afford the cost of insurance and stopping insurance companies from discriminating against sick people.

Ron Sparks, who supports the flawed health care legislation in Washington, should realize that he is not only out of touch with the state he wants to lead, Ron Sparks would even be out of touch in Massachusetts.

To put Sparks’ position in perspective – he supports new mandates and taxes on businesses during the toughest business climate in a generation; he supports raising income taxes and Medicare taxes while the costs of insurance would still keep rising; and he apparently has no problem with a process that has been corrupted with secret deals that favor some states and make the rest of us pay for their special treatment.

Whatever else you say about Congressman Davis, you cannot say he is afraid to lead.  The question still remains whether there will be enough people willing to follow.  He’s saying the things many Alabamians want to hear, but not necessarily a majority of those in a Democratic primary.  I am extremely interested in how this rhetoric is playing with the electorate, or if they’re even listening at all.

There was also an article today describing comments Rep. Davis made to the District Attorneys Association on Wednesday regarding gambling,

“Gaming, bingo, the degree to which we allow, don’t allow gambling, you recognize that we need practical approaches to those issues,” Davis told the group. Davis said the choice really is not whether the state is going to allow gambling or not, because the Poarch Creeks for years have had gaming operations over which the state has no control.

“The real question is, what are the rules of the road going to be? How do we regulate the gaming we have?” Davis said.

The key words in that quote are “practical approaches”…it’s a phrase you will hear over and over again from Rep. Davis and it’s one of the reasons his message resonates with many Alabamians.  You can have all the high-minded ideals in the world, but the practicality of how government works (or doesn’t work) and the problems we face is going to stare the next governor right in the face.

Rep. Davis is continuing to hit a strong general election message tone with his statements, it’s a gamble when he is not running unopposed to run this far to the right this early, but it’s also where he is most comfortable.  He has been a moderate voice in Congress and it’s apparent the campaign decided to emphasize that, even in the Democratic primary.  Will those that are more progressive than the congressman put their support behind Agriculture Commissioner Ron Sparks, remain on the sidelines or swallow the bitter pill and acknowledge that, particularly in 2010, a pragmatic moderate governor who leans a little to the left may be the best they can do?

I’m interested in your comments below.