Hubbard's lawyers allege that prosecutorial misconduct, mainly by special prosecutor Matt Hart, has tainted the investigation to the point that a 23-count indictment against the speaker should be dismissed. To support his motion, Hubbard relies mainly on written evidence from Sonny Reagan, who was forced to step down from his post in the attorney general's office last December.
The motion and its exhibits do provide several comical moments, that is if you believe anything Sonny Reagan says or writes. The defense apparently will try to prop up Reagan's words during an evidentiary hearing set for April 15.
This is the same Sonny Reagan, by the way, who testified before the Lee County grand jury last year and wound up invoking the Fifth Amendment right not to answer questions for fear that he might incriminate himself. It's the same Sonny Reagan who was the recipient of a stinging letter from Attorney General Luther Strange, dated October 16, 2014, outlining examples of improper leaks and placing the deputy AG on administrative leave. (See exhibits attached to Hubbard's motion, from link at the end of this post.)
Finally, this is the same Sonny Reagan, who in documents that prosecutors released last week, is shown in e-mails as the source of leaks to key Republican political figures who are connected to targets (or are targets themselves) of the Lee County investigation. Involved in receiving leaks were Hubbard, former governor Bob Riley, Birmingham attorney Rob Riley (Bob Riley's son), and former Hubbard aide Josh Blades.
Hubbard's dismissal motion, in essence, relies on the word of a man whose "credibility" has been left in tatters. Does that mean the 123-page filing is a desperation move? It sure looks that way. Does it mean the motion has zero chance of being granted? Absolutely not. In the world of Alabama "justice," anything can happen.
The motion gets off to a farcical start by quoting Martin Luther King's Letter From the Birmingham Jail. The citation to MLK from a guy as white as Hubbard, who probably received .002 percent of the black vote in his district, is . . . well, it reads like something from a Saturday Night Live sketch.
Is the Hubbard defense team serious with this stuff? It's hard to tell, but things really get interesting when Reagan starts pointing out the myriad ways Matt Hart has been an ole meany to certain high-level Republicans. A few highlights, according (mostly) to the "word of Sonny":
* Reagan's own lawyer, Bill Baxley, clearly wants nothing to do with the evidentiary hearing on April 15. Writes Baxley: "If our attendance is necessary, naturally we will comply with the subpoena, but it would be nice to have as much notice as possible and even nicer not to have to go." That's the spirit, Bill. Sounds like you can't wait to do battle on behalf of your client.
* Hart allegedly referred to Rob Riley as a "mafia thug" and insinuated that former State Sen. Bryan Taylor was violating the ethics law by working as a contract lawyer for the Escambia County Commission in legal matters against the Poarch Creek Indians.
* Hart allegedly asked Reagan if he had heard that political consultant Dax Swatek "was a homosexual." Reagan said no and wrote, "I had met Dax's very attractive wife when they attended the AG's election party in 2011."
* Hart allegedly told Reagan that Rob Riley had motivated him to continue this grand jury investigation "like no other person has done before." Reagan wrote: "Matt said Rob Riley was a 'bad guy,' and he did not care who Rob's daddy was. Matt said the grand jury began with a definite ending point, but it would now 'continue indefinitely.'"
Mike Hubbard's Motion to Dismiss and Exhibits