Affidavit of Forrest H. “Fob” James Jr.
1. I am a citizen of the United States and the State of Alabama. I
had the privilege of serving as Governor of Alabama twice.
2. One of the primary reasons I ran for Governor in 1994 was a
forty-year pattern of illegal acts by the U.S. Supreme Court.
Forbidding pre-game prayer by young athletes, the removal of the
10 commandments from the schools, and the ever-expanding grab for
power by the courts, especially the federal courts, concerned me.
I repeatedly spoke on these matters throughout my campaign. The
so-called “equity funding” case in Alabama was an example of
judicial arrogance on the home front that I also vigorously
opposed as a candidate for Governor in 1994.
3. In my second term I had the good fortune to have Jeff Sessions
as Attorney-General for a time. After he was elected to the U.S.
Senate, he recommended to me a young man from Mobile named Bill
Pryor to replace him. I remember talking with Bill about Judge
Brevard Hand, a federal judge also from Mobile. Bill spoke highly
of Judge Hand and if I remember correctly, a decision the Judge
had made in the Jaffree school prayer
case in Mobile during my first term as Governor. Judge Hand had
ruled in that case that the U.S. Supreme Court was misusing the
legal system to achieve its own social agenda, while usurping
authority granted only to the legislative branches of government.
As Judge Hand wrote, “We must give no future generation an excuse
to use the same tactic to further their ends which they think
proper under the then political climate as for instance did Adolph
Hitler when he used the court system to further his goals.” I
later asked the Judge to swear me in as Governor for a second term
in 1995, which he graciously did. The main part of my inauguration
in January, 1995, was an historical festival with actors playing
the parts of historical figures like George Washington warning of
“change by usurpation” in our government.
4. I paid more attention to what Washington and Jefferson and
Jackson and Lincoln said about the checks and balances in our
legal system, especially as it relates to checking the power of
the judiciary, than to ambitious and dishonest judges we saw in
the 20th century. I talked with Bill Pryor about all this when I
was considering him for the job of Alabama Attorney-General. He
impressed me with his knowledge of these things and provided me
with some legal papers on “nonacquiescence”
that he was responsible for while at the Tulane Law School. I told
Bill about my view that constitutional officials needed to
challenge the Supreme Court. For instance, for twenty years my
view has been that a Governor should refuse to allow enforcement
of a patently unconstitutional court order, and force the
president to take action one way or the other on the issue. I
don’t mean that we should fight anyone with troops. I do mean that
we should use our constitutional authority to force the great
issue of the day into the provinces of all branches of the federal
government, not just a judiciary that like to sweep everything
under its own rug where it has nearly exclusive control. Bill
Pryor was aware of my views when I appointed him, because we
discussed these things. Bill had indicated nothing, but his
wholehearted support of my position and these issues at the time.
5. I have now heard that Bill Pryor is
prosecuting Roy Moore before the Court of the Judiciary for
refusing to obey a federal court order to remove the Ten
Commandments from the State Judicial Building. If this is true,
Bill’s action today are utterly
contrary to the political and legal convictions he expressed to
me. Had he expressed his present view, I would not have found him
qualified to be Attorney-General of Alabama. The main reason Pryor
was appointed was his understanding, and the ability to express
that understanding, well, that a public official’s highest duty
was to the Constitution of the United States and not to the
Supreme Court or any other entity.
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