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Robinson and Smitherman: Parallel Scandals
Besides the fact that former State Representative Oliver Robinson’s district overlapped State Senator Rodger Smitherman’s district, the parallel scandals share many elements, unsavory conduct, and a cast of dubious characters. In his Writ, Burt Newsome argues powerfully about the familiar, similar type of conduct: laundering money to a politician, utilizing political connections, and working with clients (like Drummond Company) in what appears to be a coordinated effort to manipulate the legal system. The new, big emerging parallel comes from Judge Carole Smitherman who implicated her entire family during an angry outburst at a hearing on a motion calling for her recusal. Does this…
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Star Chamber: Judge Smitherman Implodes; Implicates Family
In the Newsome Conspiracy Case, Judge Carole Smitherman was angry, seething in the secret Star Chamber hearing where she refused to recuse herself. She lashed out at Newsome. She continually interrupted Newsome and his lawyer. And she repeatedly talked down to them in anger. She unequivocally affirmed the appearance of reckless bias and alleged judicial misconduct. We always knew anger is the enemy of logic. And Judge Smitherman may have had a Freudian slip of the mouth. According to the transcript, Smitherman said to Newsome: You have attacked my family unfairly, and that is wrong. You and the person who you…
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Day 3: Balch Still Hides Behind Attorney-Client Privilege
The shenanigans are spilling out in court. Our sources tell us prosecutors grilled Balch employees about invoices that removed any and all references to Oliver Robinson’s foundation. Kent Faulk of AL.com confirms this in a tweet, writing that a prosecutor “continues to go over emails requesting checks … one that says in bold ‘do not reference Oliver Robinson Foundation’ on invoice. She was told not to reference by Gilbert.” So what were they hiding? A bribery scheme? A bought-and-paid-for politician? Worse is Balch’s hiding behind attorney-client privilege. Kyle Whitmire tweets, “On redirect from prosecution, Balch COO says that Balch &…
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Bombshell: Sen. Rodger Smitherman Sat In On Star Chamber Hearings
In the ongoing criminal bribery trial, according to news reports, Alabama State Senator Rodger Smitherman is listed as a defense witness for indicted Balch & Bingham partners Steven McKinney and Joel Gilbert, and Drummond Company executive David Roberson. Senator Smitherman received what looks like two pay through contributions from Drummond: one through BIPAC in November for $5,000 and another in April from NEWPAC for $5,000. Why is Drummond supporting Smitherman? Could it be to help obtain favorable and supportive testimony? Or was it a pay through on behalf of Balch in their foolish fight with Burt Newsome? We may have…
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Day 2: Emails Show Collusion; GASP Targeted
Yesterday we heard one of Steven McKinney’s attorneys claim there would be not one single document out of a million that would implicate his client in the criminal bribery conspiracy. The jury appears to be hearing otherwise. AL.com reports: [P]rosecutors showed dozens of exhibits that included emails between Roberson, McKinney, Gilbert, and Robinson on the topic of the contract regarding the “public outreach program in north Birmingham.” Also shown were dozens of time entries Gilbert entered on invoices, where he often noted his time spent preparing for meetings with Robinson or contacting Roberson regarding strategy on the Superfund opposition. McKinney was copied…
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Balch’s Star Chamber Disembowels Judicial System
Is Balch & Bingham really this stupid? We knew the secretive Star Chamber would be used to hide alleged perjury, criminal conduct and other allegations of unsavory misconduct. Now the secret veil has been ripped wide open at the same time as a criminal trial against two partners in the firm has started. There are over 400 pages of horrific evidence in the Writ of Mandamus filed with the Alabama Supreme Court after Carole Smitherman refused to recuse herself as presiding judge of the Star Chamber. The following day after the Writ was filed, Judge Smitherman retaliated filing 44 orders…
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Unplugging and Helping the Sick and Dying
This week our leadership is in Chicago helping the sick and dying. Blanca Blancas Luna (pictured) is to undergo a transplant procedure next month after heart surgery tomorrow. Why is there a criminal trial, now, today, this very moment in Birmingham? Because of Balch & Bingham’s corporate culture. A corporate culture that appears to fight to the death and justifies Balch’s “ruining a rival” mentality. Even if it means allegations of corruption, cutting corners, misquoting legal decisions, or greasing the wheels, Balch appears to do everything with impunity and hubris. We have had record breaking traffic to our website from across…
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Jeff Sessions Becomes Defense Witness #1
Trying to demostrate their vast political power and deep connections, attorneys for Balch & Bingham’s indicted partners have named U.S. Attorney General Jeff Sessions as their defense witness, according to local news reports. Witness to what? $140,000 in political contributions from Balch when he was a U.S. Senator? The suppression of poor African-Americans in North Birmingham from having their toxic property tested by the EPA? Again trying to make mockery of the judicial and criminal justice system, Balch has forgotten that General Sessions is prosecuting them. He works with all 93 U.S. Attorneys including Jay E. Town. In addition, Balch’s…
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Day 1: Gilbert Thrown Under Bus; Liars Lie
Our observers confirmed that during opening statements that an attorney for Joel Gilbert, one of the indicted Balch & Bingham partners, stated, “Gilbert, along with McKinney and Roberson, are being prosecuted because they ‘stood up to the government,’ and Robinson lied to investigators about the conspiracy,” as reported by AL.com. Bull! According to some long-time leaders, Balch appears to have never stood up to the government, but instead navigated easily through the halls of power, be it in Washington or Montgomery. But the biggest laugh from observers is the notion Balch would have never hired Robinson if they knew he…
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Neither Brilliant Nor Glorious
The criminal trial hasn’t started yet, but the hardball legal tactics for jury selection by the defense attorneys for the two indicted Balch & Bingham partners has even caused the federal judge to shake his head. Pulitzer prize-winning journalist John Archibald writes: A member of the jury pool, it had been learned, works at Balch & Bingham, the same law firm that employs defendants Joel Gilbert and Steve McKinney. You’d think that would be enough to let her go, in the interest of fairness. But a lawyer for the defense was not willing to concede that fact alone was enough to…
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Let’s Get Ready to Rumble After Lunch
Jury selection continues Tuesday morning with the criminal trial against two Balch & Bingham partners expected to start after lunch according to our courtroom observers. The defendants looked pale on Monday. We will be posting interesting developments and observations from our sources on a daily basis. Word on the street is Balch & Bingham could be facing another scandal that could overshadow the trial. We are told RICO attorneys are eagerly awaiting the intricate details of Balch’s internal conduct. And there are rumblings about another possible exodus at the once prestigious silk-stocking law firm. Let’s get ready to rumble!
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Overly Broad and Unreasonable
On the eve of today’s criminal trial of two Balch & Bingham partners, the attorney for disgraced politician Oliver Robinson fought back against a subpoena from the criminal defendants seeking communications between Robinson and his attorneys, Robinson or his attorneys and the FBI, and Robinson or his attorneys and the U.S. Attorney’s Office. In his Motion to Quash the subpeona filed Friday afternoon, attorney Richard S. Jaffe writes, “To provide such information would require his attorneys to divuldge confidential information that is protected by the attorney-client privilege.” Jaffe goes on to call the subpoena “overly broad and unreasonable.” Observers are…
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The Day the Malarkey Died
With a Chief Compliance Officer on mute, a Star Chamber held in secret, and probes of the firm and their clients, Balch & Bingham goes to federal court today with baggage, damaging baggage, ready to be exposed. Birmingham’s ABC News affiliate reports: The U.S. Attorney’s office plans to spend two to three weeks calling its witnesses. A prosecutor told Judge Abdul Kalaan he has close to 40 witnesses he may call. What does that mean? This will be a meticulous and long trial with the inticrate internal details of Balch exposed. While both indicted Balch partners, Joel Gilbert and Steven…
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Bombshell: Others at Balch Knew of Bribery Scheme
Last October, we asked, who on Balch’s Executive Committee knew about the bribery scheme? It was in a way prophetic. The federal judge’s order against the motion to bifurcate the case not only revealed that Drummond Executive David Roberson has a realistic chance of being acquitted, but it also revealed others at Balch knew about the alleged bribery scheme. The judge writes: Defendant Gilbert testified before the grand jury that he discussed the legality of the Defendants’ agreement with Robinson’s Foundation “internally with [his law firm’s] ethics people,” who concluded that it was lawful. Additionally, Gilbert told the grand jury that…
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Powerful Bullies Lose
Josh Moon of the Alabama Political Report gives his analysis today of why Bill Canary lost support as CEO of the Business Council of Alabama: [Canary] tried to bully his way around and such tactics quickly wear thin among grown people….lawmakers, who once happily strolled into the building and voted for anything BCA sponsored, were so disenchanted with Canary and BCA that they told me they would vote against anything the organization backed. They were tired of being threatened, they said. And they were tired of Canary telling them what to do instead of working with them. Moon’s words are…