OPELIKA, Ala. — Indicted House Speaker Mike Hubbard can’t call Attorney General Luther Strange and his employees to the witness stand, but might be able to take their depositions as he tries to get ethics charges thrown out of court, a judge said Tuesday.
Lee County Circuit Judge Jacob Walker issued the decision as he laid the groundwork for a hearing next week on Hubbard’s motions to dismiss the ethics case against him. The Auburn Republican has argued the investigation was a selective and vindictive prosecution tainted by prosecutorial misconduct. Hubbard also says the state’s 2010 ethics law, which he supported, is unconstitutionally vague and being misapplied by prosecutors.
Walker did not rule on a state motion to quash defense subpoenas issued to Strange, lead prosecutor Matt Hart, former chief deputy Kevin Turner and other employees from the attorney general’s office.
Instead, Walker said Hubbard’s defense can call related witnesses, and he will then decide if additional information from Strange and others is merited. Walker did indicate that any testimony from Strange and his employees would be taken outside court via deposition.
Hubbard faces 23 ethics charges accusing him of using his public offices – both as speaker and his former position as chairman of the Alabama Republican Party- to drum up investments and business for his companies. He has pleaded not guilty. The case is set for trial on March 28, overlapping with the 2016 legislative session, which begins Feb. 2.
