Mississippi Today
Supreme Court blocks Brett Favre’s escape from welfare fraud lawsuit
The Mississippi Supreme Court has denied former NFL quarterback Brett Favre’s attempts to escape a civil lawsuit over the Mississippi welfare scandal.
Favre first filed a motion to dismiss charges against him in the lawsuit, which has been ongoing for more than a year, in February. The judge in the case, Hinds County Circuit Court Judge Faye Peterson, denied the motion in April. It was her first major ruling in the case, a sprawling lawsuit with 47 defendants and pending motions that have been stale for months. Favre appealed the decision to the Mississippi Supreme Court in May.
Mississippi Department of Human Services is bringing the case in an attempt to recoup $77 million in misspent funds from the federal Temporary Assistance for Needy Families program, or TANF. This includes more than $7 million that went to Favre’s projects, a pharmaceutical startup company and a volleyball stadium at his alma mater University of Southern Mississippi.
As part of its complaint, the welfare agency alleges Favre benefitted from these fraudulent transfers, in part because Favre had agreed to fund the volleyball stadium construction himself. Favre’s attorneys argue that not only is MDHS wrong about that, but the agency’s whole theory about who should be liable in this case is faulty.
“MDHS’s theory would effectively place no limits on UFTA (Uniform Voidable Transactions Act) liability—anyone could be sued who could in any way be deemed to have reaped some undefined benefit from a transfer,” Favre’s original motion reads. “That of course is not the law in Mississippi or anywhere else.”
This was much of the basis for Favre’s appeal to the Mississippi Supreme Court. His attorneys argued that interlocutory review “would materially advance this case’s termination and enable the parties and the circuit court to avoid the exceptional expense of litigating meritless claims; avoid further unwarranted damage to Favre’s reputation; and facilitate the administration of justice in Mississippi.”
The justices declined to intervene, denying Favre’s appeal Wednesday.
“This will now allow the civil litigation to move forward, and MDHS is encourage by that prospect and by the Supreme Court’s ruling,” Mississippi Department of Human Services Director Bob Anderson said in a statement after the order came down.
MDHS had argued plainly in its answer to Favre’s appeal that the major orchestrators of the illegal welfare fraud scheme had already pleaded guilty to criminal charges and that the purpose of its civil lawsuit was to “recover the misspent TANF funds from those who aided these fraudsters and benefitted from their frauds.”
“Brett Favre is one of those people,” the attorney for MDHS wrote. “Favre took $1.1 million in TANF funds from Nancy New for speeches he never made. Favre repaid that, but he has neither repaid the $1.7 million he arranged for his drug company, Prevacus, to receive in exchange for giving Nancy New stock, nor the $5 million he orchestrated the USM Athletic Department to receive for a volleyball facility.”
Texts made public last year revealed that New, a nonprofit operator tasked with managing tens of millions of federal anti-poverty funds, had paid Favre $1.1 million under a promotional gig, but only so he could pass the funds to USM so the university could get started on constructing the athletic facility. The only evidence of work Favre conducted under this contract is one radio ad he cut for the anti-poverty program. Favre’s attorneys said he never did use the money he received on the volleyball project.
Favre is not facing criminal charges in the U.S. Attorneys Office’s parallel criminal case, which has produced no major public developments since the office indicted former WWE wrestler Teddy DiBiase Jr. in April.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court
The Improve Mississippi PAC claims in advertising that the state Supreme Court “is in danger of being dominated by liberal justices” unless Jenifer Branning is elected in Tuesday’s runoff.
Improve Mississippi made the almost laughable claim in both radio commercials and mailers that were sent to homes in the court’s central district, where a runoff election will be held on Tuesday.
Improve Mississippi is an independent, third party political action committee created to aid state Sen. Jenifer Branning of Neshoba County in her efforts to defeat longtime Central District Supreme Court Justice Jim Kitchens of Copiah County.
The PAC should receive an award or at least be considered for an honor for best fiction writing.
At least seven current members of the nine-member Supreme Court would be shocked to know anyone considered them liberal.
It is telling that the ads do not offer any examples of “liberal” Supreme Court opinions issued by the current majority. It is even more telling that there have been no ads by Improve Mississippi or any other group citing the liberal dissenting opinions written or joined by Kitchens.
Granted, it is fair and likely accurate to point out that Branning is more conservative than Kitchens. After all, Branning is considered one of the more conservative members of a supermajority Republican Mississippi Senate.
As a member of the Senate, for example, she voted against removing the Confederate battle emblem from the Mississippi state flag, opposed Medicaid expansion and an equal pay bill for women.
And if she is elected to the state Supreme Court in Tuesday’s runoff election, she might be one of the panel’s more conservative members. But she will be surrounded by a Supreme Court bench full of conservatives.
A look at the history of the members of the Supreme Court might be helpful.
Chief Justice Michael Randolph originally was appointed to the court by Republican Gov. Haley Barbour, who is credited with leading the effort to make the Republican Party dominant in Mississippi. Before Randolph was appointed by Barbour, he served a stint on the National Coal Council — appointed to the post by President Ronald Reagan who is considered an icon in the conservative movement.
Justices James Maxwell, Dawn Beam, David Ishee and Kenneth Griffis were appointed by Republican Gov. Phil Bryant.
Only three members of the current court were not initially appointed to the Supreme Court by conservative Republican governors: Kitchens, Josiah Coleman and Robert Chamberlin. All three got their initial posts on the court by winning elections for full eight-year terms.
But Chamberlin, once a Republican state senator from Southaven, was appointed as a circuit court judge by Barbour before winning his Supreme Court post. And Coleman was endorsed in his election effort by both the Republican Party and by current Republican Gov. Tate Reeves, who also contributed to his campaign.
Only Kitchens earned a spot on the court without either being appointed by a Republican governor or being endorsed by the state Republican Party.
The ninth member of the court is Leslie King, who, like Kitchens, is viewed as not as conservative as the other seven justices. King, former chief judge on the Mississippi Court of Appeals, was originally appointed to the Supreme Court by Barbour, who to his credit made the appointment at least in part to ensure that a Black Mississippian remained on the nine-member court.
It should be noted that Beam was defeated on Nov. 5 by David Sullivan, a Gulf Coast municipal judge who has a local reputation for leaning conservative. Even if Sullivan is less conservative when he takes his new post in January, there still be six justices on the Supreme Court with strong conservative bonafides, not counting what happens in the Branning-Kitchens runoff.
Granted, Kitchens is next in line to serve as chief justice should Randolph, who has been on the court since 2004, step down. The longest tenured justice serves as the chief justice.
But to think that Kitchens as chief justice would be able to exert enough influence to force the other longtime conservative members of the court to start voting as liberals is even more fiction.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1968
Nov. 24, 1968
Black Panther leader Eldridge Cleaver fled the U.S. to avoid imprisonment on a parole violation. He wrote in “Soul on Ice”: “If a man like Malcolm X could change and repudiate racism, if I myself and other former Muslims can change, if young whites can change, then there is hope for America.”
The Arkansas native began to be incarcerated when he was still in junior high and soon read about Malcolm X. He began writing his own essays, drawing the praise of Norman Mailer and others. That work helped him win parole in 1966. His “Soul on Ice” memoir, written from Folsom state prison, described his journey from selling marijuana to following Malcolm X. The book he wrote became a seminal work in Black literature, and he became a national figure.
Cleaver soon joined the Black Panther Party, serving as the minister of information. After a Panther shootout with police that left him injured, one Panther dead and two officers wounded, he jumped bail and fled the U.S. In 1977, after an unsuccessful suicide attempt, he returned to the U.S. pleaded guilty to a reduced charge of assault and served 1,200 hours of community service.
From that point forward, “Mr. Cleaver metamorphosed into variously a born-again Christian, a follower of the Rev. Sun Myung Moon, a Mormon, a crack cocaine addict, a designer of men’s trousers featuring a codpiece and even, finally, a Republican,” The New York Times wrote in his 1998 obituary. His wife said he was suffering from mental illness and never recovered.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1867
Nov. 23, 1867
The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights.
The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders.
The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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