jack sharman sept 27.jpg

Jack Sharman, special counsel investigating impeachment articles against Gov. Robert Bentley, speaks to the House Judiciary Committee on Sept. 27, 2016.

(Mike Cason/mcason@al.com)

The House Judiciary Committee today adopted revised rules governing the investigation of impeachment articles against Gov. Robert Bentley, including a rule intended to enforce subpoena power.

Lawyers for the two sides disagreed on whether the committee has that power.

Lawyers for the governor argued against the revised rules at today's three-hour committee meeting.

The committee approved the rules after adding an amendment by Rep. Juandalynn Givan, D-Birmingham, that would allow the governor to cross-examine witnesses.

The rules were proposed by Special Counsel Jack Sharman, who was hired by the committee to investigate whether there are grounds to impeach the governor.

Much of today's meeting concerned whether the committee has the power to enforce subpoenas.

Lawyers for the governor said the committee does not have subpoena power.

Sharman said he believes the committee does have subpoena power.

The committee has not yet issued any subpoenas but Sharman has started his investigation. Sharman said the governor's office has not responded to requests to provide documents.

"The office of the governor has flatly, adamantly and in every way possible made it clear that they're not going to cooperate," Sharman said.

Ross Garber, an attorney for the governor's office, said the governor's lawyers turned over more than 1,500 pages of documents to Sharman today.

Sharman said he had not had time to review those documents.

The rules previously adopted by the committee said the chairman could request the House clerk to issue subpoenas upon recommendation from a subpoena subcommittee.

The new rules add that the special counsel can initiate contempt proceedings in court against those who refuse to turn over documents or provide testimony in response to a subpoena.

Sharman asked the committee to issue subpoenas for documents to the governor's office; Bentley in his individual capacity; former Bentley political adviser Rebekah Mason and her company, RCM Communications; Jon Mason; JRM Enterprises; Michael Echols, CPA; Bentley for Governor Inc.; and the Alabama Council for Excellence in Government.

Sharman said he and his staff have interviewed witnesses and received documentary evidence from some. Others, he said, have not been cooperative.

In April, 23 members of the 105-seat House of Representatives signed a resolution to impeach Bentley for corruption in office and willful neglect of duty.

The resolution does not mention specific actions but came in the wake of questions about Bentley's relationship with former adviser Rebekah Mason and his decision to fire Alabama Law Enforcement Secretary Spencer Collier.

The governor said he has broken no laws and has done nothing else to justify removing him from office.

The House resolution referred the impeachment articles to the Judiciary Committee, which is charged with investigating to see if the articles have merit.

The committee could make a recommendation to the full House.

If the House voted to impeach Bentley, the Senate would then hold a trial.

The Judiciary Committee is spending much of its time on procedural issues because there is almost no precedent for its work. The state Constitution provides for impeachment of elected officials but says little about how that's done. The House has not considered impeachment of a public official since 1915.

Garber, the attorney for the governor's office, told the committee the rules proposed by Sharman won't allow for due process.

Sharman said the work is still in the investigative stages and not subject to the same due process requirements as an impeachment trial or a criminal trial.

Garber, in stressing to the committee the importance of its work, said that Bentley would be removed from office upon impeachment by the House, even before a trial in the Senate.

Garber said it would take an acquittal by the Senate to restore the governor to office after impeachment.

"So this is the game," Garber said. "This is the whole thing. If the governor is impeached, you're nullifying the votes of the people of Alabama who went out on election day and cast their ballots."

Garber represented Govs. Mark Sanford of South Carolina and John Rowland of Connecticut in impeachment proceedings.

Garber has said the governor is not receiving due process because the impeachment resolution is not specific and he can't defend himself against vague allegations.

Garber said the governor and his office received a document request for "every single financial transaction of the governor and his family going back six years. Where he buys his milk. How much he pays for gasoline. I think that's one of the problems here."

David Byrne, Bentley's chief legal adviser, said they asked Sharman to narrow the request.

Byrne said the documents provided to Sharman today included information pertaining to Collier, the governor's trips to Washington, D.C., and Las Vegas, and spending by the Alabama Council for Excellence in Government, also called ACEGOV.

"We're trying to guess what the committee might be legitimately looking at," Garber said.

Sharman said he plans to continue to try to gather information.

"Whether it's by cooperative mode, which I would prefer, or by a legal process, we will keep going," Sharman said.

Sharman said more interviews are scheduled with people who have been cooperating with the investigation and providing documents.

Sharman said he hoped subpoenas could be issued as early as this week.

Rep. Mike Jones, R-Andalusia, chairman of the Judiciary Committee, said he was not certain when the subpoena subcommittee will meet.

Jones said it's unclear if the committee can force people to comply with subpoenas.

"The question has always been and continues to be whether or not the enforcement ability is there," Jones said. "And frankly, it's never been tested."

Jones said the rules adopted today will allow that test in court to occur.