Magnolia Tribune

Phil Bryant sends notice of intent to sue Mississippi Today for defamation

Published

2 years ago

May 10, 2023

In February, Mississippi Today CEO Mary Margaret White told a conference hosted by the Knight Foundation that her newsroom broke the story that $77 million in welfare funds had been “embezzled” by Bryant and “his bureaucratic cronies.” Bryant has now alleged that the statement is defamation.

On Monday, Mississippi Today staff received word that reporter Anna Wolfe had won a Pulitzer Prize. The Pulitzer Prize Board said the award was for “revealing how a former Mississippi governor used his office to steer millions of state welfare dollars to benefit his family and friends, including NFL quarterback Brett Favre.”

On Wednesday, the outlet received a different kind of notice. The “former Mississippi governor,” Phil Bryant, sent a letter giving Mississippi Today notice of his intent to file a defamation lawsuit. The claim of defamation reflected in the letter is largely rooted in statements made by Mississippi Today CEO Mary Margaret White at a conference hosted by the Knight Foundation.

While speaking on a panel, White boasted, “we’re the newsroom that broke the story about $77 million in welfare funds intended for the poorest people in the poorest state in the nation being embezzled by a former governor and his bureaucratic cronies.”

Bryant now claims this statement was defamatory. To understand the merit of Bryant’s position, one must understand what embezzlement is and what constitutes defamation.

Is there any evidence that could support a claim that Phil Bryant embezzled $77 million?

Under Mississippi law, a charge of embezzlement requires proof of “unlawful conversion for personal use property that comes into his or her hands by virtue of his or her office or employment.”

Whether the TANF money improperly spent by the Mississippi Department of Human Services, and its subgrantees Mississippi Community Education Center and Family Resource Center, was ever in former-Gov. Bryant’s “hands”–that he exercised control over those funds–is one pertinent question.

In addition to the Pulitzer’s framing–that Bryant steered “millions of state welfare dollars to benefit his family and friends”–Mississippi Today previously couched its own reporting, in a 2022 Impact Report, as having:

“[R]evealed former Gov. Phil Bryant’s role in a sprawling welfare scandal. Each part of the series delved further into Bryant’s misuse and squandering of at least $77 million in federal funds meant to assist nearly 588,000 of the state’s poorest residents.”

Despite these claims, there is no concrete evidence that would support a claim that Bryant steered TANF funds to family and friends. There’s certainly no evidence that Bryant, himself, “misused and squandered” $77 million in federal funds.

But setting aside the question of control of TANF funds, there is also no publicly available evidence that Bryant ever converted (took) TANF dollars for his personal use. No document, no witness, has ever demonstrated that TANF dollars ended up in Bryant’s possession. There is a laundry list of other people, not named Bryant, for whom there is ample evidence of improperly receiving TANF funds. If he was the mastermind of this entire scheme, it is arguably odd that he was the only one not enriched by it.

The former Governor has not been accused of embezzlement by any law enforcement agency. He’s not been charged with embezzlement by any prosecutor. He’s not been convicted of embezzlement by any jury. In fact, he’s not been accused of or charged with any crime, nor even named in pending civil litigation that has forty-six named defendants.

What’s required to prove defamation?

To prove defamation, Bryant must not only prove the statement made by White was false, but that it was “defamatory.” Bryant’s attorney, Billy Quinn, points out in their letter that, under Mississippi law, a defamatory statement is one:

[W]hich tends to injure one’s reputation, and thereby expose him to public hatred, contempt or ridicule, degrade him in society, lessen him in public esteem or lower him in the confidence of the community.

Bryant must also prove that the statement was published to third parties. The video was posted by the Knight Foundation online, where anyone with an internet connection can access it.

Because he is a public figure, he must also prove something called “actual malice,” which essentially means that he must show that White knew what she was saying was untrue or that she said it with a reckless disregard for whether it was true. Sometimes referred to as “Times malice,” because it came out of a Supreme Court case called New York Times v. Sullivan, this standard represents the highest hurdle for a public figure plaintiff in most defamation cases.

Additional Allegations

The letter also includes allegations against Mississippi Today Editor-in-Chief Adam Ganucheau and Reporter Anna Wolfe for misrepresenting whether the outlet had ever accused Bryant of a crime, and for misrepresenting whether the outlet had ever had to issue a correction in the course of the Back Channel series.

Bryant’s letter specifically mentions an “Editor’s note on our welfare coverage,” published on September 28, 2022, in which the outlet admitted for the first time that Ganucheau’s mother, Stephanie Ganucheau, was the special assistant attorney general who had signed off on the plan to fund the volleyball facility at Southern Miss.

What comes next?

Under Mississippi law, Bryant was required to send this letter to Mississippi Today before it could file suit. Mississippi Today, in turn, has ten days to evaluate the merits of the letter and if they feel the claim has merit, issue an apology and correction.

Even if they issue an apology and correction, Bryant could still sue for defamation. But by issuing an apology and correction, Mississippi Today might foreclose Bryant from collecting punitive damages and attorney’s fees were he to prevail at trial.

Mississippi Today likely has director and officer liability insurance for defamation claims. If so, their insurance carrier will also be involved in assessing liability and determining next steps.

The post Phil Bryant sends notice of intent to sue Mississippi Today for defamation appeared first on Magnolia Tribune.

…

By: Russ Latino
Title: Phil Bryant sends notice of intent to sue Mississippi Today for defamation
Sourced From: magnoliatribune.com/2023/05/10/phil-bryant-notice-intent-to-sue-mississippi-today/?utm_source=rss&utm_medium=rss&utm_campaign=phil-bryant-notice-intent-to-sue-mississippi-today
Published Date: Wed, 10 May 2023 18:22:06 +0000

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Magnolia Tribune

Staring mortality in the face at Christmas

Published

12 months ago

December 16, 2023

Staff Editor

My friend Jarrod is dying after an eight year battle with cancer. He’s lived a life worth celebrating, one that has drawn people to Christ.

I was going about my business this week when I received a text that stopped me in my tracks. A college friend was being moved to hospice care.

Jarrod Egley was diagnosed with colorectal cancer in early 2017. In the fall of 2018, tests revealed the cancer had spread to his lungs and Jarrod’s cancer was classified as Stage IV.

For almost eight years from the date of the original diagnosis, he’s fought. Through surgeries, radiation, endless rounds and cycles of chemotherapy, and experimental immunotherapies, he’s fought.

Last year, I flew out to California and spent some time with Jarrod and his wife, Emily. We sat outside one night. He acknowledged to me that it was not a question of ‘if’, but ‘when’ the cancer would claim his life. I told him I was sorry, because what else is there to say?

We talked about our faith, about the trials of Job, about Jacob wrestling with God, about Paul’s affliction. But mostly we reflected on our time together in school, on the good things, and the mundane things, that happened since.

Jarrod and I met at Tulane University. One Sunday morning in the Spring of my freshman year, I rose from my dorm room bed, dressed, and began walking down Saint Charles Avenue in New Orleans with no particular agenda. I walked until I came across First Baptist Church and the thought flickered in the vacuous recesses of my brain to enter.

Some would say it was a lark. The Calvinist in me says providence. The walk that morning changed the trajectory of my time at Tulane and my life on the whole. Intervarsity Christian Fellowship and the Baptist Collegiate Ministry became central to my life and put me in regular league with Jarrod. I met him first at the BCM and we ultimately ended up attending church together.

Jarrod was a faithful servant on and off campus. He helped organize a group of us that would weekly make our way down to the Esplanade seawall on the backside of the French Quarter to feed the homeless. On Friday nights, he could be found at chapel with a small cadre of students foregoing Bourbon Street for early 2000s worship music.

Jarrod was a loyal friend in those years. Never rude or biting. Not prone to an insult for an easy laugh. Persistently encouraging. An engineering student, his mind worked linearly and was oriented to problem solving. There were never a lot of wasted words — always a lot of deliberative questions when he disagreed or did not understand a point. He exhibited intelligence, empathy, and the kind of moral conviction that sets someone apart.

He also had a wry and dry sense of humor and a penchant for beating people at Madden football. He was fair-to-midland on the ultimate frisbee pitch. Along the way, there were crawfish boils, Mardi Gras outtings, poorly attended Tulane football games, and more than a decent amount of wing eating.

After college, I lost touch with Jarrod. He moved back to his home state of California. He got married to his college sweetheart, who could not have anticipated her husband’s journey, but has been a steady and constant helpmate throughout. Jarrod became a very successful engineer and a bourbon connoisseur. One of his bucket list trips took him to Kentucky, where he got to meet and became friends with bourbon “Hall of Famer” Freddie Johnson of Buffalo Trace acclaim.

Jarrod at Buffalo Trace Distillery (Spring 2022).

Sitting in his backyard nearly 20 years after graduating from Tulane, I saw many of the same qualities I had grown to admire when we were students together. I saw a husband who doted on and supported Emily’s passions. But I also saw someone whose body had been beaten to hell and back, who was tired, and who, like Jacob, had been wrestling with God. We quickly fell back into friendship, which perhaps is the mark of good friendship.

We all have aspirations in our youth — for the kind of spouse or parent we might be, for what we might accomplish, for what we might experience. Along the way, dreams are satisfied, modified, or they die on the vine. The clock inevitably works against all of us. That night in Oceanside, California, Jarrod, a numbers guy, saw that time was not on his side. He believed, as we all would, that he still had more to give, more impact to be made, and more things to see and experience.

After that trip, Jarrod and I stayed in touch, most frequently triggered by news of his cancer. It has been mostly the bad variety in recent months. Now spread throughout his body, down to his bones, he has lived in constant pain for months. Not even a steady diet of morphine and an implanted pain pump solve for it. Jarrod’s been hospitalized twelve times just in 2023.

But his matter of fact sense of humor and way of seeing the world remains in tact. So too does his faith that despite these trials, he has always been safe in the hands of Christ.

There are people in the world who believe that life is random, disordered, and without reason. I am not among them. I think my friend is staring mortality in the face at Christmas for a reason.

For thousands of years before Christ came, there was darkness and despair. Sin and shame gripped the hearts of men. Until one holy night, God, in His infinite love, mercy and wisdom, sent His son to save. Jesus is the light of the world and the hope of man. He has won victory over death and Jarrod’s will not be the exception. Jesus came for Jarrod, and for you.

For thousands of years since Jesus’s death, burial, and resurrection, His disciples have been used as divine instruments to point the way to God. Jarrod is among them. If life expectancies were the measure, Jarrod would be at the midway point for most people. He’s made a lifetime of impact for the Kingdom and on other people.

So, to my friend Jarrod, you were placed here with a purpose. You have run your race. You are loved. And when this chapter closes, you will hear “well done, my good and faithful servant.” There is no greater evidence of a life well lived.

While Jarrod and Emily have been fortunate to have health insurance, their portion of the medical bills so far in 2023 have eclipsed $30,000, and Emily is facing additional uncovered expenses during Jarrod’s hospice care, including a night nurse that costs over $400 a night. If you would like to help defray the cost, a contribution can be made at their Go Fund Me page.

The post Staring mortality in the face at Christmas appeared first on Magnolia Tribune.

…

By: Russ Latino
Title: Staring mortality in the face at Christmas
Sourced From: magnoliatribune.com/2023/12/16/staring-mortality-in-the-face-at-christmas/?utm_source=rss&utm_medium=rss&utm_campaign=staring-mortality-in-the-face-at-christmas
Published Date: Sat, 16 Dec 2023 15:05:22 +0000

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https://www.biloxinewsevents.com/magnolia-mornings-december-15-2023/

Magnolia Tribune

Magnolia Mornings: December 15, 2023

Published

12 months ago

December 15, 2023

Staff Editor

Important state and national stories, market and business news, sports and entertainment, delivered in quick-hit fashion to start your day informed.

In Mississippi

1. Laurin St. Pe’ named CEO of Singing River Health System

The Board of Trustees of Singing River Health System announced the immediate appointment of Laurin St. Pe’ as the Chief Executive Officer on Thursday.

“We are thrilled to announce Laurin St. Pe as the new CEO of Singing River,” said Steve Ates, Board President in a statement. “His wealth of healthcare experience and proven track record make him the ideal leader to steer our health system toward its next phase of growth and success.”

St. Pe’, who has been serving as Interim CEO since July 2023, said he is honored to assume the role of CEO at Singing River. He has worked at Singing River as Administrator of Singing River Health System’s Pascagoula Hospital and Gulfport Hospital, in addition to overseeing program service lines throughout the entire system to his subsequent appointment as Chief Operating Officer of Singing River.

The health system says St. Pe played a crucial role in the financial revitalization of Singing River Health System while steering the organization toward financial stability.

2. Gulfport-Biloxi airport, Stennis evacuated after threats

The Gulfport-Biloxi International Airport was evacuated on Thursday morning “out of an abundance of caution,” airport officials said, after receiving an emailed threat to certain transportation entities across the state.

The airport was thoroughly security swept, cleared and reopened in just over two hours. Gulfport-Biloxi is now operating regularly.

The threat was also sent to Stennis International Airport. Their staff and personnel were also evacuated until the facilities could be swept and cleared.

Any passenger whose travel was affected by the evacuation is encouraged to contact their respective air carrier.

3. Cassidy arrested in Iowa for beheading Satanic Temple statue

Former Mississippi congressional and legislative candidate Michael Cassidy was arrested this week in Iowa for beheading a statue at the state’s Capitol erected by The Satanic Temple.

Cassidy reportedly decapitated the statue and turned himself to police on Thursday. He was charged with fourth degree criminal mischief. He then started an online legal defense fund where he’s raised upwards of $20,000 as of Thursday night, according to his X account.

4. “Serial fraudster” ordered to cease offering investments into companies

According to the Mississippi Secretary of State’s office, on October 26, 2023, Secretary Michael Watson and the Securities Division issued an order against Stephone N. Patton. The SOS says Patton is a serial fraudster with multiple criminal convictions in Mississippi and Florida.

Through business filings with the SEC and Mississippi, Patton has held himself to be the CEO of various companies, including Star Oil and Gas Company, Inc., North Gulf Energy Corporation, Inc., Patton Oilfield Services, Inc., and Patton Farms, LLC.

The SOS says using these business filings and company websites, Patton claimed to have raised hundreds of billions of dollars through investment opportunities. Through investigative efforts and collaboration with the SEC, the SOS discovered none of Patton’s companies are operational, have any assets, or generate any revenues. Account records show Patton spent investors’ funds almost as soon as he received them on personal expenses. The total amount of known investments made to Patton’s fraudulent companies is over $80,000. Further, none of Patton’s investment offerings have been registered or notice filed with the Mississippi Secretary of State’s Office.

The SOS order requires Patton to cease and desist from offering investments with his companies, requiring Patton to permanently deactivate his companies’ websites to prevent any further dissemination of his false or misleading information. Patton is also ordered to pay an administrative penalty of $25,000 to the Mississippi Secretary of State’s Office for these violations, in addition to restitution owed to all his Mississippi investors.

National News & Foreign Policy

1. Congressional retirements mounting as 2024 election cycle nears

Retirement and departure announcements are piling up ahead of the start to the 2024 election cycle. The New York Times has developed a Retirement Tracker that currently shows 22 Democrats and 11 Republicans who are in Congress now will not be seeking re-election next year.

“Dozens of members of Congress have announced plans to leave their seats in the House of Representatives, setting a rapid pace for congressional departures, with more expected as the 2024 election draws closer,” the NY Times reports. “Given Republicans’ razor-thin House majority, the wave of exits has the potential to lead to a significant shake-up next year.”

You can find the tracker here.

2. Texas, Daily Wire, The Federalist sue U.S. State Department over media censorship

The U.S. State Department’s Global Engagement Center has come under fire as Texas Attorney General Ken Paxton along with The Daily Wire and The Federalist have filed a federal lawsuit alleging that the department funded technology that could “render disfavored press outlets unprofitable.” They claim that the department has helped social media – Facebook, YouTube and X (formerly Twitter) – to censor free speech while funding technologies used to censor right-leaning news outlets such as theirs.

New Civil Liberties Alliance is representing The Daily Wire and The Federalist. Paxton and the outlets claim the Global Disinformation Index (GDI), a British think tank, received a $100,000 grant from the State Department in 2021, and NewsGuard, which rates the “misinformation” levels of news outlets, received $25,000 from the State Department in 2020, according to the lawsuit.

According to the State Department’s website, the Global Engagement Center’s mission is to direct, lead, synchronize, integrate, and coordinate U.S. Federal Government efforts to recognize, understand, expose, and counter foreign state and non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States, its allies, and partner nations.

As reported by Reuters, the lawsuit cited a GDI-produced list from December 2022 that ranked The Daily Wire and The Federalist as among the 10 “riskiest sites” for news while the least-risky included The New York Times, Associated Press and NPR. Reuters notes that the lawsuit alleges such “blacklists” are reducing revenues to The Daily Wire and The Federalist along with their visibility on social media and ranking results from browser searches.

Sports & Entertainment

1. SEC releases 2024 schedules

Wednesday evening, the Southeastern Conference released the 2024 football schedules for its member schools, including of interest in the Magnolia State the schedules for Ole Miss and Mississippi State.

It is the first schedule that includes new conference members University of Oklahoma and University of Texas, bringing the conference to 16 schools. Each SEC team will play eight conference football games plus at least one required opponent from the ACC, Big Ten, Big 12, Pac 12 or major independent, each team will have two open dates.

The 2024 season will be the first year the SEC will play a schedule without divisional competition since 1991. The top two teams in the league standings based on winning percentage will play in the 33rd SEC Football Championship Game in Mercedes-Benz Stadium in Atlanta on Saturday, December 7.

2. White, Jesiolowski, Jones honored by MAIS

The Midsouth Association of Independent Schools (MAIS) in Mississippi, comprised of non-public schools, announced this week that Madison-Ridgeland Academy’s senior quarterback John White was named the 6A Player of the Year while Hartfield’s Reed Jesiolowski and Hartfield Chris Jones were named the MAIS 6A Offensive and Defensive Players of the Year, respectively.

All three have committed to play college football at the University of Mississippi.

White is Mississippi’s all-time leader in career passing yards with 15,259 yards, a record he broke during the 2023 season.

MAIS, like the Mississippi High School Activities Association (MHSAA) for public schools, is broken down into classifications, from 1A to 6A. However, MHSAA added a 7A this season.

Markets & Business

1. Consumer retail sales up as energy, gas prices move down

The U.S. Bureau of Labor Statistics reported this week that the Consumer Price Index rose 0.1% in November after being unchanged in October. Retail sales rose 0.3% in November after rising 0.2% in October, meaning consumers continue to spend at the start of the holiday season.

The CPI or inflation rate is 3.1%, higher than the Federal Reserve target of 2% but below the 9% peak in 2022 which reached a 40-year high.

As for the energy index, BLS reported that it fell 2.3% in November after decreasing 2.5% in October. The gasoline index decreased 6% in November, following a 5% decrease in the previous month.

The index for fuel oil fell in November, decreasing 2.7%. However, the natural gas index rose 2.8% over the month after rising 1.2% the previous month. The index for electricity also rose 1.4% in November, after increasing 0.3% in October.

The energy index fell 5.4% over the past 12 months. The gasoline index decreased 8.9%, the natural gas index declined 10.4%, and the fuel oil index fell 24.8% over this 12-month span.

2. Week’s market rally continues into Friday

At close of trading on Thursday, the U.S. markets continued the week’s rally, pushing the Dow up 158 points to 37,248 while the Nasdaq and S&P also made gains, 27 points and 12 points, respectively, to close at 14,761 and 4,719.

The record high for the Dow on Thursday moved futures up 102 points.

According to CNBC, the major averages are headed for their seventh straight positive week. As of Thursday, the Dow is higher on the week by 2.8%. The S&P 500 is up by 2.5%, while the Nasdaq Composite rose 2.5% this week.

Stocks rallied after the Federal Reserve left rates unchanged this week while members look towards cuts in the new year and beyond.

The post Magnolia Mornings: December 15, 2023 appeared first on Magnolia Tribune.

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By: Magnolia Tribune
Title: Magnolia Mornings: December 15, 2023
Sourced From: magnoliatribune.com/2023/12/15/magnolia-mornings-december-15-2023/?utm_source=rss&utm_medium=rss&utm_campaign=magnolia-mornings-december-15-2023
Published Date: Fri, 15 Dec 2023 13:00:00 +0000

Magnolia Tribune

New water rates expected in Jackson come 2024; those who don’t pay face shut off

Published

12 months ago

December 15, 2023

Staff Editor

Interim Third-Party Director Ted Henifin said this week that only about 59% of the City of Jackson’s water customers are paying their bills.

JXN Water has announced new rates and fees coming in 2024. Those who are not paying will be at risk of shut offs.

The company, which was established by federal appointed interim Third-Party Director Ted Henifin, has been overseeing the city’s water system for the better part of a year.

Officials estimated that the average cost for water in the city was $76 per month for residents. Henifin clarified that JXN water will not attempt to recoup any charges prior to November 29, 2022, and will work with those who have failed to pay since that time.

He said only about 59 percent of the city’s water customers are paying their bills.

“You can’t forgive bills, so we have to be creative in how we part that,” said Henifin in reference to Mississippi’s laws that prevent giving away water.

According to a release by JXN Water announcing the rate changes, residents in single family households with small meters that use up to 748 gallons daily would see a bill increase of roughly .30 cents per day. Research indicates that the average U.S. family uses 300 gallons per day.

SNAP customers will have a new rate tier that could lower their bill by up to .69 cents per day, on average.

“Those who need to save the most benefit from saving money by drinking tap water. This new rate structure makes water affordability possible for 12,500 JXN Water customers who receive SNAP benefits,” said Henifin in the release.