I have issues with Luther
Strange. Strange is Alabama’s recent Attorney General who was appointed by our
disgraced governor to replace Jeff Sessions in the US Senate.
Our new, grandmotherly
governor (who I suspect is tough as nails) has decided it all looked a little
fishy and has scheduled a special election rather than letting Strange solidify
his position for the next 2 years. As you will see, I am not enthusiastic about
Mr. Strange.
The first issue is the well
documented strange relationship between Strange and the deposed governor. The
state house of representatives was hot to impeach now ex-governor Bentley. But
Strange, as AG, told them to hold off there might be an investigation going on.
A year later, there was still no action from the AG and the AG was mum on his
maybe, maybe not, investigation. Mean
time Senator Jeff had moved on to be the US Attorney General and Alabama needed
a senator. Lots of qualified people “applied” but isn’t it strange that
Bentley, under fire, selected Luther Strange? Almost immediately after Strange
moves on to the senate, the AG’s office provides evidence against Bentley.
The second issue is the
strange settlement with BP in the oil spill law suit. AG Strange was
instrumental in those negotiations. I should point out that many
environmentalists were relatively happy with the settlement. They were happy to
“get what we could’ rather than risk the uncertainty of continuing with the
trial. Here are some facts and opinions that suggest AG Strange traded the
environment for the Alabama general fund
The state of Alabama was
involved in two law suits with BP. One was the well-publicized Clean Water penalties
being pursued by all the affected states. In the other suit Alabama was suing
for lost tax revenues. These loses were almost exclusively from the 2 coastal
counties (Alabama has 65 non-coastal counties).
Alabama’s claim was $167
million.
Under the separate Clean
Water lawsuit, Alabama’s share could have been as much as $1.6 billion if the
judge imposed the maximum fine available. No one could be sure, but the judge seemed to
be leaning towards a high settlement rather than a low settlement.
Now the fun begins. Under AG
Strange, Alabama accepts BP’s offer in the lost tax revenue case for $1 billion
or about 6 times what Alabama claims. Seem strange doesn’t it? Why would BP do
that? Easy. In return, Alabama (along with other states) agrees to accept a
settlement in the Clean Water suit. Alabama’s share turns out to be $599
million not the potential $1.6 billion. Why would Alabama do that? It’s simple.
If Alabama got $1.6 billion from the Clean Water suit then it would have been
mostly spent on environmental projects in the two coastal counties and the
spending would be overseen by a committee structure not controlled by the
Alabama legislature. Under the settlement, as accepted, $1 billion goes to the
general fund where the legislature controls every penny and the other 65 counties get some of the action. And in fact the two coastal counties have had
a hard time getting much of the $1 billion despite being the center of the
damage.
Why does BP care since the
total to Alabama is about the same in either case? It’s all about tax deductions. BP cannot
deduct penalties paid for Clean Water violations but can deduct payments to
states.
Isn’t it Strange how these
things work out?