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Recordings of the governor emerged on March 23 that included comments of a sexual nature made to Mason in two separate telephone conversations in 2014.

Collier claimed that Bentley had been involved with a senior political adviser named Rebekah Mason and that he may have misused state funds in order to cover up the affair.He apologized to the people of Alabama for the comments on the recording, but stated: "I have never done anything illegal [as governor].I have never asked any member of my staff or any cabinet member to lie." He further added: "[a]t no time have I ever used the resources of my office to facilitate a relationship of any type."There is no way that man [Collier] would have said what he did… He only said what he said about my professional abilities because I am a woman.Prior to the hearing, Mason's attorney filed a motion to stay in order for Mason to avoid incriminating herself in light of potential criminal investigations.Similarly, Bentley's attorney filed a motion to stay citing the sovereign immunity clause in the Alabama Constitution, which protects state officials against lawsuits for official acts.