Mississippi Today
Phil Bryant asks court to throw out subpoena for Brett Favre pharma texts
Phil Bryant asks court to throw out subpoena for Brett Favre pharma texts
Former Gov. Phil Bryant, whose administration saw the misspending of tens of millions of federal welfare funds, is again asking a judge to throw out a subpoena against him in the state’s ongoing civil case related to the scandal.
A defendant in the civil case filed a subpoena in early October for a large swath of records from Bryant, including his texts with former NFL quarterback Brett Favre about a concussion drug company that received $2 million in stolen welfare funds.
In a filing Friday, Bryant argued that his personal text messages are protected under executive privilege, and that the subpoena should either be thrown out or that any records he provides be placed under a protective order.
He made a nearly identical response in September to a separate subpoena for his communication related to the new volleyball stadium at his alma mater, University of Southern Mississippi, which was built using $5 million in welfare funds.
The latest subpoena comes from Austin Smith, the nephew of convicted former welfare director John Davis. Smith is accused of taking nearly $430,000 in welfare funds under contracts he allegedly didn’t fulfill. He has argued in response to the complaint against him that if he's liable for welfare misspending, Bryant is too, and that the former governor should be added as a defendant. Bryant has rejected this notion.
“Smith should not be allowed to use this proceeding as a political tool to harm the reputation and business of a former politician with whom he disagrees on matters of policy,” Bryant’s motion reads. “A protective order would allow Smith to use the subject documents for legitimate purposes in the context of this suit, and would disallow him from using them to grandstand in the press with baseless accusations and politically-motivated innuendo.”
Hinds County Circuit Court Judge Faye Peterson has yet to rule on these and several other motions in the sprawling civil case, and defendants have asked for a hearing in January to resolve them.
The Mississippi Department of Human Services civil case targets 38 individuals or companies – including Favre, the concussion drug company Prevacus and Prevacus founder Jake Vanlandingham – in an attempt to claw back roughly $24 million in misspent welfare funds. The purchases targeted in the suit make up a fraction of the nearly $100 million in improper spending that State Auditor Shad White uncovered in 2020.
Smith also subpoenaed Bryant for any of his communication related to several other welfare-related projects or alleged events first reported by Mississippi Today, including a fitness program by trainer Paul Lacoste, a virtual reality academy by Lobaki Inc., advertising campaigns with conservative talk radio station SuperTalk and “Families First,” treatment for Bryant’s nephew that the governor and his welfare officials facilitated, and the firing of Debbie Hood, wife of former Democratic candidate for governor Jim Hood.
Out of 26 items requested in the subpoena, Bryant said he did not have responsive records for 11 of them.
Bryant denied having any communication, as the subpoena requests, between himself and State Auditor Shad White regarding "whether you are liable for misappropriation by MDHS."
He said he does not possess any communication with the former WWE wrestler Ted DiBiase or his two sons, who received over $5 million in welfare funds, about payment to the wrestlers.
Bryant also denied having any communication regarding:
- Gov. Tate Reeves’ efforts to obtain funding for Paul Lacoste, whose foundation received $1.3 million in welfare funds
- The tech company Lobaki, which received $795,000 in welfare funds
- The termination of Debbie Hood as an employee of Family Resource Center
However, Bryant said he does possess records and communication surrounding Prevacus – much of which Mississippi Today published in its series “The Backchannel” – including documents “relating in any way to any ownership interest in Prevacus that You (Bryant) had, have, or that was proposed or suggested to You by any person.”
He also confirmed he has communication about:
- Setting up a meeting with Paul Lacoste to talk about his foundation's contract
- Paying for advertising on conservative talk radio station SuperTalk, which received $600,000 in welfare funds
- Securing treatment for his nephew Noah McRae
- Advertising services for the welfare department or “Families First for Mississippi”
“Many of these items are privileged and protected from discovery. Other responsive items are not privileged, but should be produced subject to the entry of a protective order that preserves the integrity of these proceedings,” the motion reads.
The rationale for executive privilege – the ability for the nation’s top official to withhold information from the public – is that the communication is often “so candid or personal in nature that public disclosure is likely in the future to stifle honest and frank communication,” according to the 1980 appeals court opinion in Coastal States Gas Corp., v. Dep’t of Energy.
Bryant’s attorney Billy Quin used the legal precedent in Watergate to make his argument. In that case, President Richard Nixon infamously refused to turn over nine tape recorded conversations in the White House, claiming executive privilege. In response, the court found that the president’s communication was privileged, but with the caveat that it could be compelled by a “sufficient showing of need.”
The court struck down Nixon’s claim of privilege “because the information sought was relevant and necessary to the ongoing Watergate investigations.”
Mississippi law does not contain executive privilege protections for the governor, nor has the Mississippi Supreme Court addressed the issue. Though courts in other states, Quin pointed out, have adopted similar privileges for governors.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1911
Dec. 21, 1911
Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia.
When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs.
He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame.
The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays.
Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1958
Dec. 20, 1958
Bruce Boynton was heading home on a Trailways bus when he arrived in Richmond, Virginia, at about 8 p.m. The 21-year-old student at Howard University School of Law — whose parents, Amelia Boynton Robinson and Sam Boynton, were at the forefront of the push for equal voting rights in Selma — headed for the restaurant inside the bus terminal.
The “Black” section looked “very unsanitary,” with water on the floor. The “white” section looked “clinically clean,” so he sat down and asked a waitress for a cheeseburger and a tea. She asked him to move to the “Black” section. An assistant manager followed, poking his finger in his face and hurling a racial epithet. Then an officer handcuffed him, arresting him for trespassing.
Boynton spent the night in jail and was fined $10, but the law student wouldn’t let it go. Knowing the law, he appealed, saying the “white” section in the bus terminal’s restaurant violated the Interstate Commerce Act. Two years later, the U.S. Supreme Court agreed. “Interstate passengers have to eat, and they have a right to expect that this essential transportation food service,” Justice Hugo Black wrote, “would be rendered without discrimination prohibited by the Interstate Commerce Act.”
A year later, dozens of Freedom Riders rode on buses through the South, testing the law. In 1965, Boynton’s mother was beaten unconscious on the day known as “Bloody Sunday,” where law enforcement officials beat those marching across the Selma bridge in Alabama. The photograph of Bruce Boynton holding his mother after her beating went around the world, inspiring changes in voting rights laws.
He worked the rest of his life as a civil rights attorney and died in 2020.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
‘Something to be proud of’: Dual-credit students in Mississippi go to college at nation’s highest rate
Mississippi high school students who take dual-credit courses go to college at the nation’s highest rate, according to a recent report.
It’s generally true that students who take college classes while in high school attend college at higher rates than their peers. Earlier this year, a study from the Community College Research Center at Teacher’s College, Columbia University found that nationally, 81% of dual-credit students go to college.
In Mississippi, that number shoots up to 93%, meaning the vast majority of the state’s high school students who take college classes enroll in a two- or four-year university.
“When we did this ranking, boom, right to the top it went,” said John Fink, a senior research associate and program lead at the research center who co-authored the study.
State officials say there’s likely no silver bullet for the high rate at which Mississippi’s dual-credit students enroll in college. Here, “dual credit” means a course that students can take for both high school and college credit. It’s different from “dual enrollment,” which refers to a high school student who is also enrolled at a community college.
In the last 10 years, participation in these programs has virtually exploded among Mississippi high school students. In 2014, about 5,900 students took dual-credit courses in Mississippi, according to the Mississippi Community College Board.
Now, it’s more than 18,000.
“It reduces time to completion on the post-secondary level,” said Kell Smith, Mississippi C0mmunity College Board’s executive director. “It potentially reduces debt because students are taking classes at the community college while they’re still in high school, and it also just exposes high school students to what post-secondary course work is like.”
“It’s something to be proud of,” he added.
There are numerous reasons why Mississippi’s dual-credit courses have been attracting more and more students and helping them enroll in college at the nation’s highest rate, officials say.
With a few college credits under their belt, students may be more inspired to go for a college degree since it’s closer in reach. Dual-credit courses can also build confidence in students who were on the fence about college without requiring them to take a high-stakes test in the spring. And the Mississippi Department of Education’s accountability model ensures that school districts are offering advanced courses like dual credit.
Plus, Mississippi’s 15 community colleges reach more corners of the state, meaning districts that may not be able to offer Advanced Placement courses can likely partner with a nearby community college.
“They’re sometimes like the only provider in many communities, and they’re oftentimes the most affordable providers,” Fink said.
Test score requirements can pose a barrier to students who want to take dual-credit courses, but that may be less of a factor in Mississippi. While the state requires students to score a 19 on ACT Math to take certain courses, which is above the state average, a 17 on the ACT Reading, below the state average of 17.9, is enough for other courses.
Transportation is another barrier that many high schools have eliminated by offering dual-credit courses on their campuses, making it so students don’t have to commute to the community colleges to take classes.
“They can leave one classroom, go next door, and they’re sitting in a college class,” said Wendy Clemons, the Mississippi Department of Education’s associate state superintendent for secondary education.
This also means high school counselors can work directly with dual-credit students to encourage them to pursue some form of college.
“It is much less difficult to graduate and not go to college when you already possess 12 hours of credit,” Clemons said.
Word-of-mouth is just as key.
“First of all, I think parents and community members know more about it,” Clemons said, “They have almost come to expect it, in a way.”
This all translates to benefits to students. Students who take dual-credit courses are more likely to finish college on time. They can save on student debt.
But not all Mississippi students are benefiting equally, Fink said. Thr research center’s report found that Black students in Mississippi and across the country were less likely to pursue dual-credit opportunities.
“The challenge like we see in essentially every state is that who’s in dual enrollment is not really reflective of who’s in high school,” Fink said.
Without more study, it’s hard to say specifically why this disparity exists in Mississippi, but Fink said research has generally shown it stems from elitist beliefs about who qualifies for dual-credit courses. Test score requirements can be another factor, along with underresourced school districts.
“The conventional thinking is (that) dual enrollment is just … another gifted-and-talented program?” Fink said. “It has all this baggage that is racialized … versus, are we thinking about these as opportunities for any high school student?”
Another factor may be the cost of dual-credit courses, which is not uniform throughout the state. Depending on where they live, some students may pay more for dual-credit courses depending on the agreements their school districts have struck with local community colleges and universities.
This isn’t just an equity issue for students — it affects the institutions, too.
“You know, we’ve seen that dual-credit at the community college level can be a double-edged sword,” Smith said. “We lose students who oftentimes … want to stay as long as they can, but there are only so many hours they can take at a community college.
Dual-credit courses, which are often offered at a free or reduced price, can also result in less revenue to the college.
“Dual credit does come at a financial price for some community colleges, because of the deeply discounted rates that they offer it,” Smith said. “The more students that you have taking dual-credit courses, the more the colleges can lose.”
State officials are also working to turn the double-edged sword into a win-win for students and institutions.
One promising direction is career-technical education. Right now, the vast majority of dual credit students enroll in academic courses, such as general education classes like Composition 1 or 2 that they will need for any kind of college degree.
“CTE is far more expensive to teach,” Clemons said.
Smith hopes that state officials can work to offer more dual-credit career-technical classes.
“If a student knows they want to enroll in career-tech in one of our community colleges, let’s load them up,” Smith said. “Those students are more likely to enter the workforce quicker. If you want to take the career-tech path, that’s your ultimate goal.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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