On Wednesday, we learned two things that we long suspected: Alabama GOP Gov. Robert Bentley is still under investigation, and new Sen. Luther Strange may be even less ethical than the governor who just appointed him. On Monday, Bentley appointed prosecutor Steve Marshall to replace Strange as Alabama attorney general; two days later, Marshall announced that he was recusing himself from investigating Bentley for allegedly using state resources to cover up an affair with a staffer, Rebekah Mason. Just the day before, Marshall had refused to say if there even was an investigation; now we know there is.
Bentley has been in hot water since March of last year, when audio recordings emerged of him engaged in explicit conversations with Mason, all but confirming the existence of an affair that had shockingly prompted Bentley's wife of 50 years to file for divorce in 2015. Those recordings in turn prompted some lawmakers, including fellow Republicans, to call for Bentley's impeachment. Those impeachment proceedings were moving slowly, but in November, they ground to a halt—thanks to Strange.
Just before Election Day, Strange, who was still attorney general at the time, sent a letter to the state legislature, asking it to halt its 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."
But things began to change after Donald Trump won and soon announced that he would nominate Alabama Sen. Jeff Sessions to serve as U.S. attorney general. It was up to Bentley to appoint Sessions’ replacement, and Strange was one of the many Republicans who coveted the seat. In late November, Strange publicly said that he’d accept the position if Bentley offered it. But how could Strange take a job from the man he was investigating, especially since it would mean that Bentley would get to appoint a new attorney general? By pretending he might not really be investigating him!
In late December, Strange belatedly insisted that he never actually said he was investigating the governor, and claimed he had only asked the legislature to suspend its impeachment proceedings because there were “some common players involved.” That made it all okay, right? Well, okay enough for top Alabama Republicans: Last week, Bentley did indeed name Strange to the Senate and soon picked Marshall to replace him as Alabama’s top prosecutor.
But Marshall’s announcement that his office is in fact probing the Bentley matter confirms that, despite all his games, Strange really did take a promotion from the guy he was supposed to be investigating. His ethics will fit in perfectly in Trump’s Washington swamp.
It’s unclear, though, what will happen next to Bentley, who cannot run again next year due to term limits. A few days ago, two GOP members of Alabama’s Republican-dominated legislature began circulating a petition to reboot the legislature’s impeachment investigation. However, the proceedings were moving very slowly even before Strange got involved in November, and House Speaker Mac McCutcheon doesn’t seem to be in a huge hurry to jump-start things.
But also on Wednesday, House Judiciary Committee Chair Mike Jones said he expects the impeachment proceedings to restart in time for the legislature to complete its investigation before it adjourns in mid-to-late May. Jones also said he’s waiting for the attorney general’s office to give them permission before they restart their own investigation. That still means the process could get stretched out for a long time if Marshall stands in the way, but Bentley may not be able to just run out the clock and leave office in two years as planned.
If matters do indeed come to a head and Bentley were to leave office early, he would be succeeded by Lt. Gov. Kay Ivey. However, Ivey is one of many Republicans who’ve already been looking at running to succeed Bentley in 2018, and legislators who back another candidate (or may even want the job themselves) won’t be keen to give her a big advantage over the rest of the field. Ivey also isn’t particularly respected in Republican circles after presiding over the collapse of the state's Prepaid Affordable College Tuition program during her tenure as state treasurer, and some legislators may decide it’s better to just wait Bentley out.
As for Strange, he’ll be able to run for the final two years of Sessions’ term in 2018. This whole mess may encourage someone to challenge him in the primary, and state Senate President Pro Tem Del Marsh didn’t rule out the idea last week. But Marsh also interviewed for the open Senate seat, so he may not be well-positioned to run an anti-Bentley campaign against the incumbent. Strange will also have about a year and a half in office before he needs to face primary voters, and he’ll have plenty of time to raise money and get his name out. Strange may get dragged back into the muck with Bentley, but being ensconced in D.C.—far away from all the action—may help survive all this.