SPENCER COLLIER - Supreme Executive Authority Is Granted To The Governor - or once so said the Alabama Supreme Court

Rickey Stokes

Viewed: 3047

Posted by: RStokes
Date: Apr 27 2016 10:39 PM

MONTGOMERY:    There is an article on WSFA where State Representative Alvin Holmes opposed impeachment of Alabama Governor Robert Bentley. Holmes was referring to there was no law that prevented the Governor from having a girlfriend.

In the article there were two messages from former Alabama Law Enforcement Boss Spencer Collier. The tweets were;  " This whole issue is NOT about an INAPPROPRIATE RELATIONSHIP. It's about a GOV inserting himself into a criminal investigation and 1/2 ALEA Special Agents to NOT cooperate with the AG's Office. Real Leadership would ensure that a GOV can never interfere with a criminal investigation".

After researching past news articles, Governor Bentley was quoted as saying Bentley ordered Collier not to sign an affidavit for the Attorney General's Office involving the felony ethics case of Speaker Hubbard.

The prosecutor for the Alabama Attorney General's Office, Matt Hart, wanted Spencer Collier to sign an affidavit clearing him of allegations he may have shared secret Grand Jury information in the Hubbard case. 

Bentley claimed is news articles they were not investigating anything and they could not give an affidavit.

BE VERY CLEAR, I am  not agreeing with Alvin Holmes.

Next, from what has been said Governor Bentley did not interfere in any investigation, he just said you are not giving an affidavit. The Governor never said do not obey a subpoena Spencer Collier. It has never been reported the Governor told Spencer Collier to lie. He just said you are not going to give an affidavit.

Now if Collier had information, all Hart had to do was issue a subpoena for Collier, and place him on the witness stand. That is, unless you do not want the Hubbard defense team To be able to ask Spencer Collier questions, under oath and before a court reporter. That would be the purpose of an affidavit where the opposing side could not ask him questions!

NEXT...

Remember the years we suffered through, eight to be exact, when Bob Riley was Governor? Remember the rulings of the Alabama Supreme Court? The Attorney General at the time, Troy King, argued to the Alabama Supreme Court "the Attorney General had absolute power over legal matters..."

Remember the Alabama Supreme Court ruling? " WE REJECT THAT ARGUEMENT", "quoting from the Alabama Constitution, the court held the SUPREME EXECUTIVE POWER of the state shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of Alabama.

So if all the powers are vested in the Chief Magistrate, and that person is the Governor, then I don't understand Collier's ARGUEMENT.

Next, from what was reported there was no investigation. And Matt Hart with the Attorney General's Office wanted an affidavit saying Hart was cleared.

OUT OF HIS LEAGUE

Spencer Collier got his job because he was qualified. He got it because he was a "friend" of the Alabama Governor. And all was OK with Collier, as long as he got the 6 figure salary with a driver. 

But when the Governor stopped the 6 figure salary and driver, then and only then did Collier expose what was going on with the Governor. Things Spencer Collier apparently already knew and did nothing about, until he lost his 6 figure salary and driver.

According to people involved in Alabama Department of Law Enforcement and it's creation, Spencer Collier had no clue in what he was doing in managing the statewide operation. 

So Spencer should have never been hired.

GOVERNOR, shortly after he took office and I started seeing his pattern and practice, I called Governor Bentley a liar. Sorry it took others 6 years to figure it out.

But I was not drinking the same cool-aide either.

PARTS OF THE RULING GIVEN UNDER FORMER GOVERNOR BOB RILEY THAT THE GOVERNOR HAS SUPREME EXECUTIVE AUTHORITY...

The Alabama Supreme Court held that the governor’s action in establishing the Task Force was within his executive power. The court reviewed the various state constitutional provisions that established the office of governor and enumerated its powers, and stated, 

First, if our constitution's grant of "supreme executive authority" to the governor and its charge that the governor "take care that the laws be faithfully executed" mean anything in relation to a matter for which another constitutional officer is also given responsibility, they at least mean as follows: when the governor determines that, whether due to inaction or inadequate action by the other official, it is necessary for him to act lest the law go unenforced, he may act.

The court also determined that Attorney General’s common law powers do not conflict with the governor’s supreme executive powers, which are still paramount. The court held, “We conclude that the common-law powers that have been "prescribed" to the attorney general do not include the right to countermand the "chief magistrate" where the chief magistrate is acting within the bounds of the power given to him.” The court concluded, “the statutes discussing the powers and duties of the attorney general do not authorize the Attorney General to interfere with or to direct and control litigation being pursued by officers who are acting pursuant to directions from the governor [under the applicable statutes].” The court also overruled Ex parte Weaver, concluding that its holding that the Attorney General controls all litigation in the state is inconsistent with the “supreme executive authority” of the governor. In dicta, the court indicated that the Attorney General might be able to intervene in a case brought by the governor in order to represent the public interest.

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