DOTHAN, Ala. – An Alabama lawmaker who served with John Merrill in the House of Representatives said there should be an investigation into whether the secretary of state misused state property in carrying out an extramarital affair.
Merrill admitted to the affair Wednesday after the woman involved gave AL.com a recording of a phone call that refuted Merrill’s earlier denials.
Rep. Juandalynn Givan, D-Birmingham, said the situation raises concerns that could be similar to what happened with former Gov. Robert Bentley, who resigned in 2017 after the House started impeachment proceedings and the Alabama Ethics Commission found probable cause against the governor. An impeachment investigation produced a report that accused Bentley of using state law enforcement to hide evidence of an extramarital affair with his top adviser.
“I do feel that with regards to anything dealing with state funds, state vehicles, state property, I think that there should be a hard look on any matters that will address whether or not the secretary of state was in violation of any state laws,” Givan said.
During an interview with an Al.com reporter Wednesday night Merrill was asked about whether he misused state property. Merrill said at that point he would have no further comment on the situation. Merrill has not returned a call about Givan’s comments today.
Merrill at first denied having an affair Cesaire McPherson in an interview with AL.com on Wednesday morning. But McPherson gave AL.com a 17-minute recording of an October 2020 conversation that led to Merrill’s admission of an “inappropriate relationship.” Merrill said he had no excuse for the affair that McPherson said lasted three years. Merrill, who has served as secretary of state since 2014, announced Wednesday he would not run for the U.S. Senate or any other public office in 2022 because of the scandal.
“I hope someone can use me as an example of how they have the opportunity to accomplish things, but because of poor choices and poor decisions in things, it can result in a negative impact for a lot of people that you did not intend to impact,” Merrill said. “That’s because I exercised poor choices and poor discipline. Maybe some good can come out of this for somebody else.”
Wednesday night, Merrill denied McPherson’s accusation that he referred to Black people as “the Coloreds.”
“I never referred to African Americans and Black folks as coloreds,” he said. “I don’t do that. I’ve never done that.”
“He has had an excellent relationship with the African American, Black community in the state of Alabama,” Givan said. “Black folks have stood by John Merrill far beyond anyone’s imagination. And for us to receive information that he may have made those comments, I’m very disappointed.”
Givan spoke to reporters in the press room on the House floor while representatives met today. There was little or no open talk about Merrill’s situation among lawmakers. But Givan said that could change. She was asked if she thinks there will be a move to impeach Merrill.
“I’m sure there will be a hard discussion, and I’m sure there will eventually be a hard discussion in the Alabama Republican Party,” she said.
House Speaker Mac McCutcheon declined to comment on Merrill’s situation or speculate whether it could lead to another impeachment case like four years ago.
“It’s just a sad situation,” McCutcheon said. “I hate he’s going through that with him and his family.”
Givan said her purpose was not to sit in judgment on Merrill’s personal behavior but noted that he holds one of the most important elected offices in the state. The Secretary of State is Alabama’s top election official, among other responsibilities.
“I think it would just be in John’s best interest, if he truly loves the state of Alabama, that he would step down,” Givan said.
“Every year I get a Christmas card from John Merrill and it has his family on it. And it breaks my heart. … We all have fallen short,” Givan said. “I’m not here to judge him in that regard. But in this instance, he is a public official. Had that been me, I would have been asked to step down yesterday.”
Wade Perry, executive director of the Alabama Democratic Party, said Wednesday that Merrill should resign if the allegation about the racist language was true.
Merrill said Wednesday night he would have no further comment on the situation.
