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Chip Drago
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The Political Round-Up

'He-coon' to walk again?; Tyson options narrowing, but this time others
to take crack at King; Intrigue afoot
as state's U.S. attorney slots mulled

By Chip Drago
Mobile Bay Times
Clearing the desk and tying up loose ends over a long and wet Memorial Day weekend.

Will the 'ol' he-coon,' Baldwin County political heavyweight John David Whetstone return to the political arena and attempt next year to reclaim his long-held post as district attorney? The GOP veteran four years ago went into private practice, ceding the position to his assistant Judy Newcomb. In her maiden stint in office, appointed to fill the remainder of Whetstone's term, Newcomb hasn't entrenched herself in a way that discouraged prospective challengers and typically appointees aren't given a pass before they've been tested in the crucible of a political campaign. An official hasn't proven herself politically until the voters have a choice, the thinking goes. Talk among some criminal defense lawyers has Whetstone mulling a comeback. While Whetstone is too savvy a politician to paint himself into a corner, a conversation with him recently suggests he will indeed become more politically active, but not to the extent that he will again seek office. Whetstone said the Republican Party in recent years has lost its way. The party and the country would benefit if the GOP would actually practice what it has long preached. He intends to be involved in any movement toward that goal, he said.

On the west side of the bay, it appears that Mobile County District Attorney John Tyson, unlike Whetstone, may be going not coming. The Democratic nominee for attorney general in 2006, Tyson was not able to oust incumbent GOP AG Troy King, though King in some quarters was seen as vulnerable. But Tyson may have alienated his base in the course of his job in Mobile with an investigation into alleged financial shenanigans at Bishop State Community College, on top of an earlier prosecution of Prichard Mayor Jessie Norwood. Tyson's prospects to unseat King in 2010 don't appear to have improved or least not on Tyson's end. First, King, whose own office is under the scrutiny of federal investigators, must withstand an unusually tough intra-party challenge to an incumbent from Birmingham attorney Luther Strange. Strange defeated George Wallace Jr. for the GOP lieutenant governor nomination in 2006, only to falter in the general election against Jim Folsom Jr. While King may be scuffling himself, it is close to "do or die" for Strange's political aspirations as well.

But before Tyson could take on King or Strange, chances are good that he would have to withstand a tougher opponent in the 2010 Democratic primary than he did in 2006 when he clipped avowed atheist, white supremacist and Holocaust skeptic Larry Darby by a 56-44 margin. Darby, who actually tallied more votes than George Wallace Jr., may have come even closer to the nomination had not his white supremacist allies learned to their dismay that Darby was once married to a Chinese women and fathered two children with her. Like the GOP, Darby apparently wasn't practicing what he preached.             

Should he try again in 2010, Tyson would probably have to beat a more mainstream foe, possibly Montgomery attorney James Anderson. Others mentioned as possible entries in the Democratic field include Conecuh County District Attorney Tommy Chapman and Giles Perkins, a former executive director of the Democratic Party in Alabama. Smart money says Tyson will determine that fate, circumstances, whatever have conspired to thwart his attorney general aspirations. If the Alabama Democratic Conference, Paul Hubbert and the state employees' union decide that Anderson, Chapman or Perkins is the better horse to ride in 2010, then there is little point in Tyson trying to rally the party to him in 2010 better than he was able in 2006. More likely, Tyson's dilemma is deciding whether to seek re-election as district attorney next year or to step aside, collect a generous retirement while pursuing a rewarding occupation in the private sector. Also, in deciding whether to seek re-election, Tyson will have to factor in whatever political liability stems from the Bishop State prosecutions as well as the pending trial of former Circuit Judge Herman Thomas. Until his resignation under pressure, Thomas had perhaps the highest profile of any elected African-American in the county. Now he faces trial on lurid charges of bartering his judicial influence in exchange for sex with criminal defendants. Again Tyson may find that the duties of office extract a political price.

However, it is hard to imagine Tyson at too far a remove from politics. And some veteran Democratic loyalists are urging Tyson to consider another bid for Congress. A call to Tyson's office Friday was not immediately returned.   

Anderson laughed that he was in the "seriously considering it" stage of the candidate process. With no other announced Democratic contender, there's less pressure to commit to a race and assume the various restrictions that fall upon an officially announced candidate. So Anderson, the 54-year-old son of a Baptist minister, said he will continue to practice law and earn a living while "seriously considering" a bid for AG in his spare time. He anticipated making a decision "probably this summer sometime."

He has another advantage in biding his time before deciding, said Anderson. He has already run a statewide race, losing a bid for a seat on the Alabama Supreme Court in 2002. Nevertheless, the experience should benefit him in a second campaign, he said.

Anderson was an applicant for the U.S. Attorney slot in Montgomery. The post has not been filled yet. Indications are that Anderson is not in the mix for the job.

A recent column in the Montgomery Independent suggests intrigue has riddled the process with implications trickling south and possibly affecting the assignment in Mobile. Michel Nicrosi of Mobile had been regarded as a heavy favorite to get the nod and return to her hometown of Montgomery as U.S. Attorney for the Middle District. She is a former assistant in the U.S. Attorney's office in Mobile, once head of the office's criminal section. Now, in Montgomery, speculation points toward Joseph P. Van Heest. In Mobile, names continuing to draw mention are Vicki Davis, Pat Sims, Kenyon Brown and Nicrosi. There were no hitches in Birmingham where Joyce Vance, daughter-in-law of Robert Vance, an Alabama Democratic icon and federal judge, led from start to finish, although she hasn't yet been confirmed in the position. 

Anderson said he was urged to submit his name for the Montgomery posting, but didn't actively work for the appointment. Prosecuting as a federal appointee did hold some appeal, admitted Anderson who noted that either way, as a state or federal prosecutor, you're "jousting at windmills and chasing bad guys," but the federal gig allows you to do so without asking your friends for $1 million.

Anderson was a big contributor to Tyson's 2006 campaign. The Mobile official's decision on whether or not to run for attorney general would not influence his own deliberations, said Anderson.

"Yes, I was a big supporter of John's," he said. "I thought he was very qualified. I certainly think John would've done a better job than the guy who's in there right now."
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