The 11th Circuit U.S. Court of Appeals has dropped some explosive bombs with their 37-page unanimous order last week.
The aftermath could be devastating not only to ex-Drummond Executive David Roberson, but to Drummond Company and the Drummond Family directly.
Now those close to the Biden Administration are being briefed on the topic and allegedly key decision-makers in the Administration, we are told, are “on high alert” about the alleged corruption, prosecutorial misconduct, and environmental racism surrounding the North Birmingham Bribery Scandal.
We hope more investigations, more probes, and more indictments are coming soon.
On Page 17, the order states:
The government proffered evidence that Appellants concealed Representative Robinson’s payments from both the AJE and Drummond by scrubbing invoices of information indicating his involvement, at Drummond’s behest and with Gilbert’s approval.
Why in heaven’s name was Drummond Company not indicted?
Why were not other senior Drummond executives like ex-CEO Mike Tracy or “confused” General Counsel Blake Andrews interrogated by the FBI? Why were Drummond family members not interviewed or brought before a federal grand jury?
More explosive are the unredacted portions of an FBI report which were not presented in the criminal trial.
From Page 33 of the order:
Specifically, the trial court excluded a portion of an FBI agent’s written summary of Roberson’s interview with the FBI in which Roberson states that he had checked with Gilbert to ensure “there was no problem with what they were oing.” The full passage at issue, with the portions excluded at trial underlined, states:
After the Hubbard trial, Roberson considered what they were doing, i.e., contracting with a state representative, in light of the ethics law but determined that the area targeted by the campaign was not in Robinson’s district. Roberson stated that they (Drummond) have always been very careful, and he (Roberson) has a reputation to maintain. Roberson had a conversation with Gilbert about ethics considerations. Roberson wanted to know if it was a problem for him (Roberson) to be associated with the effort because he was a lobbyist. Gilbert later told Roberson that he checked with Greg Butrus and Chad Pilcher at Balch, and there was no problem with what they were doing.
We learned in court that Gilbert lied.
As we reported during the trial, Chad Pilcher, a Balch & Bingham government affairs attorney, provided bombshell testimony in that he warned Gilbert about using State Representative Oliver Robinson’s position or letterhead.
Pilcher regularly consults with the Alabama Ethics Commission, he testified.
But no one on the jury heard how Roberson was deceived by Gilbert and he was told “there was no problem with what they were doing.”
The jury was denied the whole-truth and nothing but the truth.
How in heaven’s name was this injustice allowed to happen?
Now, fairly or unfairly, hard questions are being asked:
- Did disgraced ex-U.S. Attorney Jay E. Town engage in prosecutorial misconduct?
- Why was David Roberson not allowed to testify in his own defense?
- Why did Roberson’s criminal defense attorneys reject a no-brainer, full-immunity deal?
- Were Roberson’s criminal defense attorneys more concerned about assisting Drummond Company (who was paying them) or their client?
Last week, we wrote about footnote 28 on Page 36. With seasoned investigators reading the passage, we are told the meeting discussed appears to have been a possible juncture in which Roberson looks like he was “set up” as the “Fall Guy.”
In particular, [Mike] Tracy, the CEO of Drummond Company, stated that Gilbert told him that the arrangement with Representative Robinson was legal, during a meeting in which Roberson was present….Additionally, Gilbert stated during cross-examination that he assured both Tracy and Roberson that everything was legal and ethical.
The optics are awful.
Using the utmost integrity, the Biden Administration, through various agencies, including the U.S. Department of Justice, needs to take a deep dive look at this alleged scam for what it is.
Is it of no wonder that people of integrity like George Martin, the Assistant U.S. Attorney who prosecuted Gilbert, Robinson, and Roberson moved to Mobile and relocated? Is it of no wonder that top FBI agents (all of the highest caliber) involved in the case and the public integrity unit in Birmingham left to new, better FBI positions in other cities?
Has Birmingham truly become a cesspool of corruption where justice, real justice is impossible to achieve?
Balch stooges Trey Glenn and Scott Phillips should be approached with full immunity deals to disclose everything they know about Drummond and Balch.
And then the Biden Administration should kick into overdrive.
Balch-made millionaire Joel I. Gilbert apologized directly to Roberson during his own sentencing hearing.
Will Drummond ever apologize for their misconduct and disloyalty?