Alabama Attorney General candidate Jay Mitfchell recently spoke to Brandon Moseley and Christopher Peeks on their Podcast. Mitchell is running for AG against Deputy AG Katherine Greene Robertson (R) in Tuesday's primary runoff election.
Mitchell edged out Blount County District Attorney Pamela Casey to make the Republican primary runoff.
"Pam has endorsed me in this race," said Mitchell. "She has a true grassroots following."
Mitchell expressed his optimism that his voters will return for the runoff and that they will be joined by the Pamela Casey supporters.
"The first order of business is we get on the problem of violent crime," said Mitchell. "Birmingham and Montgomery have been the poster child for that." "The crime that happens in those areas inevitably spills out into the surrounding areas."
"Tuberville has talked about sending the National Guard in. I support that," Mitchell said.
Mitchell said that these last two years of the Donald Trump administration are an historic opportunity.
"I see this as an important moment for our country and our state," said Mitchell. "I would love for the President to stay longer if we could work that out somehow."
Mitchell said that as AG he wants to do, "Big bold assertive things."
Mitchell talked about possibly going after doctors for "mutilating our children through (trans) surgeries"
"We are doing a lot of lollygagging and we are doing a lot of joining," continued Mitchell. "I want to do less joining and more leading."
This has become a very negative race.
"There have been a lot of lies told so far," said Mitchell.
"I am a lawyer and a former judge. That's what I deal with facts and evidence."
The prosecution of Montgomery Police officer Eric Cody Smith has become a major issue in this race
"This is right after Ferguson," said Mitchell.
Smith shot a Black man he was trying to arrest after being confronted with a paint pole that Smith thought was a weapon. The Montgomery County District Attorney at the time prosecuted Officer Smith.
"Under Alabama law the Attorney General can intervene in any case at any time," explained Mitchell.
Mitchell said that the AG's officer were being called on to, "Intervene on officer Smith's behalf"- they did not and instead allowed the prosecution to move forward.
Smith was convicted of manslaughter and sent Smith Limestone Correctional Facility. The case then went to the Court of Criminal Appeals.
"They upheld the conviction," said Mitchell. It then came to the Alabama Supreme Court where Mitchell was serving.
"They (the AG's office) had every opportunity to look closely at this case," said Mitchell. "They opposed him on appeal and tried to keep him in Limestone Prison."
Because of legal errors made in the petition the Court could not give Officer Smith the relief he requested. Mitchell – joined by Justice Mike Bolin – wrote an opinion in which they argued that Smith was an ideal candidate for a "Rule 32 petition" asking the court to release him.
"There's no way this guy should ever have been prosecuted much less convicted," said Mitchell. Mitchell is upset that the AG's office negotiated a "Plea deal" where Smith pled guilty to a less charge losing his gun rights and voting rights.
'She acknowledges that Officer Smith was wrongly convicted," Mitchell said of Robertson. "She could have gotten involved right at the outset, instead they tried to keep him in prison. I was the only person in the legal system that stood up for him."
"We need to make sure that we have an attorney general that's willing to back the Blue," stated Mitchell.
Mitchell resigned from the Alabama Supreme Court last year to run for attorney general.
The Republican primary runoff is on June 16.
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