Fitting in perfectly with the Trumpian disregard of democratic norms, GOP Gov. Robert Bentley has appointed Alabama Attorney General Luther Strange to the Senate seat just vacated by newly confirmed U.S. Attorney General Jeff Sessions, despite the fact that Strange has reportedly been investigating Bentley for many months in connection with a sordid sex scandal. In fact, according to Politico, Alabama Republicans tried to steer Bentley away from tapping Strange, citing the obvious conflict of interest and terrible optics, but he was not to be deterred. Actually, for a guy who's been accused of using state resources to conceal an affair with a staffer, this kind of kiss-off to the public makes total sense.
And Strange may have some taint about him for seeking and accepting the post, especially because of his own odd behavior. Strange now claims that he never said his office was investigating Bentley, but back in early November—before Election Day—Strange sent a letter to the state legislature, asking it to halt an impeachment inquiry into Bentley's activities "until I am able to report to you that the necessary related work of my office has been completed." Lawmakers did as Strange asked, explaining at the time that the attorney general was conducting "a separate investigation of the governor."
Yet it wasn't until late December that Strange publicly disputed the legislature's statement—after Donald Trump won and after he said he'd nominate Sessions as attorney general, creating a vacancy that Strange openly coveted. And some Republicans are publicly voicing their disgust: State Auditor Jim Zeigler declared that the whole matter "stinks," noting that Bentley now gets to select a new state attorney general, who either will or will not inherit an investigation into the governor—who knows?
Strange will have to go before voters in a special election next year to serve out the final two years of Sessions' term. The winner of that prize will then be up for re-election for a full term in 2020, and it could be someone other than Strange. State Senate President Pro Tem Del Marsh, whom Bentley also considered as a replacement for Sessions, called Strange's appointment "awkward," and said that he might run for the Senate himself in 2018. If he's prepared to make an issue of Bentley's decision-making process and Strange's evasive maneuvers, we could see some fireworks.
Marsh, though, also said he might run for governor, which could be an easier race since Bentley will be term-limited. However, lots of Republicans are apt to pile into that contest, so a straight one-on-one with Strange might in fact offer more of an opening. Zeigler, too, hasn't ruled out a gubernatorial bid, so it's possible he's out there attacking Bentley to help buttress his profile as an anti-corruption crusader.
However, Strange does have time on his side. The GOP primary isn’t scheduled for another year and a half, and Strange will have time to raise money in D.C. and get his name out. If there are new developments with the Bentley scandal, Strange could get dragged back into the muck. But the GOP-dominated legislature was already moving very slowly with its impeachment proceedings even before Strange’s November letter, and it’s unclear if this whole affair will renew calls for the governor’s head. But whatever the case, it's unlikely this is the last we've heard of this bizarre affair.