BillHobbs.com - Blogging about politics and media from Nashville.

July 1, 2005

Newton Mulling Resignation

The Tennessean reports that state Rep. Chris Newton to decide next week if he will resign from office now that he's been indicted by the feds for allegedly accepting big cash bribes. State Rep. Chris Clem has filed a resolution to expel Newton from the House if he doesn't resign, and the chairman of the Tennessee Republican Party has urged Newton to resign. The story also mentions the failure of the head of the Tennessee Democratic Party to issue a similar call for the resignations of two Democratic state senators facing similar indictments, even though party chairman Bob Tuke said the party has "zero tolerance for corruption."

The Nashville City Paper also reports the explusion resolution today.

UPDATE: Rep. Clem has written an excellent response to Newton's statement, in the Tennessean article linked to above, that "Colleagues in the Tennessee House of Representatives need to be reminded" of "the presumption of innocence until proven guilty." Please read the extended-entry portion of this article for that.

Chris Newton was reported as saying, "...Colleagues in the Tennessee House of Representatives need to be reminded ... the presumption of innocence until proven guilty." Newton then went on to say, "Ask me today if I'm going to resign, and the answer is no." Chris Newton wants to continue to influence legislation unless or until a federal jury imprisons him in 2006 or 2007.

At least one Republican legislator from Chattanooga agreed and has already committed to never remove someone from office until a conviction beyond a reasonable doubt. This line of thinking shows a fundamental flaw and lack of understanding of how to apply legal standards.

I would ask readers and voters to consider the following fact patterns.

1. A worker at a daycare is charged with molesting children at the daycare. Should the daycare center keep the person in the job taking care of children until he is convicted beyond a reasonable doubt?

2. A bank loan officer is charged with embezzling $1 million in money both from bank customers and from bank employee's pension plans. Should the bank keep this loan officer in his job pending a conviction beyond a reasonable doubt?

3. The Mayor of Memphis (a democrat) finds that his top assistant was charged with bribery, corruption and extortion in the Tennessee Waltz. Should the Memphis Mayor wait until a conviction beyond a reasonable doubt prior to removing this top assistant from the mayor's office? Hint: The Memphis Mayor demanded and received the resignation of his assistant within 12 hours of the arrest.

4. A complaint was made that Governor Bredesen's top legislative aid sexually harassed a female. Should the Governor wait until the victim presses charges prior to removing the legislative aid? Hint: The Governor immediately removed the legislative aid. (the victim decided not to press charges)

5. The LA Lakers basketball team has two players charged with crimes. One player is charged with rape. The other charged with "point shaving", "betting on basketball" and "fixing the score." The rape allegation is obviously a more serious charge. But, rape does not directly go the core of the LA Lakers business. The Lakers chose to allow Bryant to keep playing basketball and the rape charges eventually went away. Could the Lakers have been so forgiving to allow Bryant to keep playing basketball had the charges been "point shaving" or "fixing the score"?

Daycare Centers, banks, mayors, governors and sports teams have obligations to protect the integrity of their system. Daycares weigh the rights of the accused against protecting children. Banks must weigh the rights of the accused against protecting their customers and their employee's pension plans. The Mayor of Memphis and the Governor obviously found that the effectiveness of their respective administrations could not be distracted with such serious charges against their top assistants.

All professional sports teams have "integrity" clauses which allow the sports team to fire any player who embarrasses the team off the field. So, when a player is charged with drugs, rape or assault the team may or may not fire the player. However, there is no sports team in the world that would allow a player to keep playing if the player was charged with "point shaving" or "fixing the score." Rape, drugs and assault may be more serious charges to the public and to the criminal justice system, but, "point shaving" and "fixing the score" call into question the integrity of the entire organization.

Banks and daycare centers would not wait for a conviction beyond a reasonable doubt prior to dismissing an employee. There is a long history of political parties not permitting government corruption to remain until a conviction beyond a reasonable doubt. Republican Senator Howard Baker and RNC Chairman George Bush quietly went to Nixon and demanded his resignation. Nixon has yet to be charged with a crime. Yet, he was forced to resign. He would have been impeached prior to any conviction. Likewise, Democrat Speaker Ned McWhorter demanded that Democrat Governor Ray Blanton resign immediately when corruption was discovered. Ray Blanton would not be charged or indicted for months. Yet, McWhorter was prepared to impeach him immediately if Blanton did not resign.

Likewise, the indictments against Representative Chris Newton call into question the integrity of state government. How can we possibly call a special session to deal with ethics when we haven't cleaned up ethic violations of existing laws. The state constitution specifically allows the Tennessee House to expel members for "disorderly conduct." Our Founding Fathers knew that the legislature needed the ability to dismiss members when the integrity of the system was called into question. Our Founding Fathers knew that the legislature may need to protect its process just like a bank or a daycare needs to protect its clients.

Even the federal judge in the instant case found that State Senator John Ford's actions were so egregious that Ford needed to have his freedom removed prior to a trial. Accordingly, John Ford is currently under house arrest.

I wonder if Chris Newton would also demand people charged with pedophilia should be allowed to continue to work with daycares pending their trials. Should bank embezzlers be allowed to continue working at banks pending their trials? Perhaps, in some cases they should. But, the rights of children and of bank customers must also be considered. And, the rights of voters, citizens and other legislators should also be protected.

The Constitution of the State of Tennessee has set up a process to protect us by expelling members regardless of whether a legislator is charged or convicted. This process should be used sparingly. But, this process should be used when the integrity of state government is at stake.

help you get one started

Comments

Bill, do you have any news about Bower's fundraisers? WATE here in Knoxville reported her Nashville event was poorly attended.

Posted by: Drake at July 1, 2005 10:22 AM

I heard the same.

Posted by: Bill Hobbs at July 1, 2005 10:47 AM

I would counter that most banks and daycare centers aren't closed for business seven months out of the year. In that light, I fail to see an immediate need for Newton's resignation. Newton has never been in trouble before (at least as far as I know), and after reading all of the indictments the case against him seems to be the weakest. All of the alleged bribery took place through a middleman, and there is not even a mere acknowledgement by Newton of receiving funds or doing anyone any special favors listed in the indictments. I would assume that the feds would show those goods if they had them.

I'm not judging Newton's guilt or innocence; I have no idea. John Ford has embarassed the state for years and his absence can only positively influence the legislature, so his resignation was certainly appropriate.

Before giving up a position Newton has earned, he should have the opportunity to have his side heard in court. Too often in this country we abandon the tenets of "innocent until proven guilty" and replace it with "guilty regardless of guilt," at least in the eyes of the public.

And in the cases of both Ray Blanton and Richard Nixon, the controversy had been brewing for months prior to each's respective resignations. And in Blanton's case, bodies were already turning up (state employee Kevin McCormack).

Posted by: Jason R. Cox at July 1, 2005 11:15 AM

Several errors in Clem's comments. It wasn't the Mayor of Memphis, but of Shelby County (AC Wharton) who had to fire State Senator Roscoe Dixon. It's a common error, but a big difference. The Mayor of Memphis's office is allegedly at least as corrupt as the County Mayor's, but Wharton doesn't tolerate it. Herenton does.

John Ford *is not* under house arrest. He is free to move about the community and conduct personal business as he wishes. He need only contact his court officer to get approval. Ford has been seen shopping, visiting friends and dining out since his release.

Bowers' Nashville meet attracted exactly one person. Her Memphis meet was held in a hotel room and attracted fewer than fifteen. One participant claims she was able to raise only $1000, which itself may be an exaggeration.

Lastly, presumption of innocence is a *legal* concept, since courts can deprive a person of money, property, liberty and even life without possibility of relief. The public arena is very different and has much, much lower standards, as Clem rightly notes. It's just how he got there that's a bit wrong.

Happy Fourth, Bill.

Posted by: mike hollihan at July 1, 2005 12:23 PM

Re: Jason

I think Chris Newton and others should have resigned the day they were indicted. A true gentleman would have done exactly that--a person with shame, morals, decency, and any concern for the effect of his actions upon the rest of the state would have done so as well.

The fact that Newton, Bowers, et al haven't resigned merely shows they are more interested in their own power and position than promoting trust in government, or a postive image for Tennessee.

I believe in Reagan's optimism--that we can be a shining city on a hill-- but that requires men and women of honor.

Elected officials like Newton are elected to serve the people--and you can't genuinely serve the people under a cloud such as this. I believe that legalism does not equal moral correctness. In other words, just because adultery is not illegal, doesn't make it right.

I am tired of the Bill Clinton's of the world dragging the public through their trials--and I sure don't want my party to have to suffer through trials and press releases for the State Representative who has repeatedly proven to be a broker for self-promotion as witnessed by his deals, his sell-outs, his cozy relationship with a party that has served as a roadblock to a host of issues in Tennessee.

Perhaps I'm being too aggressive on this---but based on Jason's logic--Ford really shouldn't have resigned either.

I'm truly sorry Chris Newton is in the position he is in. But this situation isn't a bad mail piece or a negative article, or an allegation by a disgruntled constituent. It is a federal sting.

Newton maintains his innocence and I have no doubt he will fight to defend himself--but that should be a personal battle--not one where the citizens of his district will be left with a distracted and ineffective leadership.

I'm not cheering for his indictment, nor a conviction. I hope it's all mixup and he's innocent--but those are my hopes for him and for our government.

In the meantime, it's not fair to his own constituents or the rest of Tennessee. He and the others should resign.

Posted by: Terry at July 2, 2005 5:25 PM