May 26, 2005

NEWSFLASH: Passel of Legislators Arrested!

NASHVILLE, 9 a.m. today - At least two and possibly three members of the Tennessee legislature were arrested and hauled out of Legislative Plaza in handcuffs this morning and my sources indicate it may be based on allegations that they accepted money to sponsor legislation. I've heard three names, including one Republican state rep and two Democratic state senators, but I haven't verified who was arrested yet and am not going to name them until I do.

Rep. Stacey Campfield, R-Knoxville, has a brief news item on his blog.

UPDATE 9:30 a.m.: The Nashville City Paper has just posted a report with the same names I had: State Sen. Ward Crutchfield, D-Chattanooga, and state Rep. Chris Newton, R-Cleveland. The City Paper says the two were arrested by the FBI near the state Capitol this morning and led away in handcuffs.

The City Paper says more arrests are expected.

UPDATE 9:44 a.m. : FOUR legislators have been arrested. WKRN blogger Brittney Gilbert reports that the FBI also nabbed state Sen. John Ford, D-Memphis, and state Sen. Kathryn Bowers, D-Memphis.

The Tennessean website has nothing yet.

UPDATE: The Tennessean posted a very brief story at 9:48 a.m. Just the the names of the four lawmakers arrested. This story will no doubt be updated throughout the day.

IDLE thought: This isn't good news for Harold Ford. Jr.

UPDATE: 10:10 a.m.: The state House was called into session at 9 a.m.. House sessions are usually streamed live online. But right now the video streaming isn't working. (UPDATE: House session was postoned to 4 p.m. today, which explains the lack of a video stream.)

There will be a news conference at 11 a.m. at the U.S. attorney’s office in Memphis at which, presumably, the charges against the legislators will be detailed.

UPDATE: 10:34 a.m.: Local radio talk host Phil Valentine, who regulary covers news from the legislature and will no doubt be discussing this story, can be heard online here. He's on from 9-1 weekdays.

He is currently speaking with fellow NewsTalk99 host Steve Gill, who reports that his sources told him the public corruption case, centered in Memphis, involves alleged violations of the federal Hobbs Act and other names potentially involved could involve former state. Sen Roscoe Dixon, D-Memphis, Memphis Mayor Willie Herenton, and others. (Later UPDATE: Herenton is not among those arrested or implicated, judging from news accounts of the Memphis press conference referenced below. Also, it has been clarified elsehwere that Dixon actually works in the office of Shelby County Mayor AC Wharton, so there's no reason to think this scandal involves Herenton at all.)

UPDATE: 10:35 a.m: The Tennessean has just posted a longer story.

After Bowers' arrest, TBI agents took her to Vanderbilt University Medical Center's emergency room.

Authorities scheduled a news conference at 11 a.m. in Memphis.

FBI agents had interviewed Newton and Bowers earlier this month about a bill sponsored by all four lawmakers, among others, Newton said Monday.

The bill would have allowed electronic recycling companies to contract with the state to dispose of surplus state computer equipment not claimed by school districts. Newton said it was pushed by E-Cycle Management Inc., an Atlanta-area company, and Charles Love, a Hamilton County school board member and lobbyist.

Newton said the bill was clean and had satisfactorily answered several questions raised earlier by the state comptroller's office. But Newton said he forced the bill to stall in a committee earlier this year, after Ford became embroiled in several ethics controversies over his dealings with state contractors.

"I don't want to be in the middle of something that even has an appearance of impropriety," Newton said.

Newton said he had not had any conversations with Ford about the bill, which he planned to withdraw Wednesday because Love had not registered with the state as a lobbyist.

Newton said FBI agents also had interviewed Sen. Jeff Miller, R-Cleveland; Rep. Ulysses Jones, D-Memphis, and Rep. Larry Miller, D-Memphis, all of whom co-sponsored the bill.

The legislative session has been dominated by ethics discussions sparked by Ford's business dealings, including his consulting contracts with companies linked to TennCare contracts. Ford sits on three legislative committees that oversee TennCare.

By the way, the Hobbs Act - no relation to this blogger - is a federal law that prohibits "extortion by the wrongful use of actual or threatened force, violence, or fear."

UPDATE: 10:46 a.m.: Adam Groves updates that "Those arrested cosponsored HB0037, which would have allowed surplus computer supplies to out of state contractors. The bill, according to the Tennessean was pushed by Charles Love, a member of the Hamilton Co (Chattanooga) School Board, but was not a registered lobbyists. According to some TV station reports, Love was also arrested along with former legislator Roscoe Dixon, who recently resigned to fill an opening on Memphis Mayor Willie Herenton's staff."

Interestingly, Newton withdrew HB 0037 yesterday even though it and its Senate companion bill, SB 0094, were both on the verge of passing. You can learn more about both bills here by using the search functions to find HB 0037 or SB 0094.

UPDATE: 10:45 a.m.: NashvillePost.com (subscription only) reports: Sources tell NashvillePost.com that FBI agents on the Hill say they are definitely not finished and that up to 11 lawmakers may eventually be arrested. Sources are telling NashvillePost.com that the development is likely connected to a piece of legislation Newton withdrew from consideration on Capitol Hill yesterday, and a potential contract related to its contents. The bill as proposed would have allowed the state to sell surplus electronic equipment to companies without competitive bidding. It would also create an alternative method for the disposal of surplus electronic equipment to divert it from landfills.The legislation was sponsored in the Senate by Ford, Bowers and Crutchfield, among others.

NashvillePost.com notes a recent Chattanooga Times Free Press article that cited an internal memo from the office of the Tennessee Comptroller revealing that state officials were concerned about the bill. The Free Press said FBI agents had interviewed both Newton and Bowers last week in connection with several bills sponsored by Ford, including the bill regarding non-compete bids for used equipment.

UPDATE: 11:04 a.m.: The press conference is underway. I'm listening. The arrests are the result of a two-year investigation by the FBI, the Tennessee Bureau of Investigation and the U.S. Attorney General's Office, and charges include extortion and bribery.

A Question: Can these legislators continue to serve and vote on legislation while under federal indictment?

UPDATE 12:37 p.m.: The news conference has concluded. Former state Sen. Roscoe Dixon also was arrested, along with two other people - Barry Myers, from Memphis; and Charles Love, from Chattanooga. Love is connected to the the Hamilton County School Board in some way. I have no further info on Myers.

The indictment accuses Sen. Ford of threatening to kill a witness to the alleged crimes.

Memphis blogger Mike Hollihan has much, much, much more here. Hollihan: "Ford threatened, according to the indictment, to shoot and kill anyone who squealed!! Now, NOW, will someone take this guy's raving lunacy seriously, instead of treating it indulgently?"

Probably not. I'd wager that, within 30 days, Ford claims publically that racism is behind the probe.

Nashville's NewsChannel5 has PDFs of the indictments. Whee!

WKRN blogger Brittany Gilbert at NashvilleIsTalking.com is earning her pay today with a frequently updated round-up.

UPDATE 1:25 p.m.:Good stuff from Nashville Scene bloggers Bruce Barry and Roger Abramson.

UPDATE 1:30 p.m.: Yes, I'm having fun and enjoying today's news immensely.

A few odds and ends: The sting operation was named "Operation Tennessee Waltz." ... Rep. Bowers is chairman of the Memphis Democratic Party. ... Newton, widely regarded as a "RINO" (Republican-In-Name-Only" because he tends to act as Democratic House Speaker Jimmy Naifeh's lapdog, may find few friends on the GOP side of the aisle as the prosecution grinds forward. ... All four indicted lawmakers can continue to serve in the legislature unless and until they are convicted of a felony. However, they forfeit committee chairmanships or other leadership positions while under indictment.

UPDATE 2:00 p.m.: Two years ago, as I wrote in a column versions of which were published in The Tennessean (here thanks to the Google cache)and the Memphis Commercial Appeal (not online), the Better Government Association ranked Tennessee's legislature 44th out of 50 states on the integrity scale, based on its analysis of the freedom of information laws, whistleblower protection laws, campaign finance laws, conflicts-of-interest laws and laws governing legislators accepting gifts, trips and honoraria in all 50 states. (You can see the BGA's Integrity Index here in a big PDF file.)

And four years ago, the Center for Public Integrity found that a third of Tennessee lawmakers sat on legislative committees that regulated their own professions or businesses, a third received income from a government agency other than the legislature (even though the legislature often subsidizes those institutions), and 15% of lawmakers had financial ties to businesses or groups that lobby state government. (The Center for Public Integrity issued a new version of that report in September 2004, which you can read here.

Of 126 state legislators in office in 2001 and disclosing their interests in 2002, in Tennessee, according to the CPI, 23.8 percent sat on a legislative committee with authority over a professional or business interest; 8.7 percent had financial ties to businesses or organizations that lobby state government; and 19 percent received income from a government agency other than the state legislature.

Newton is a good example. While he makes his living in the railcar industry, he sits on the House Transportation Committee.

The Center also annually publishes a database of state lawmakers' financial disclosures from the 47 states that require them. You can see Tennessee's here, but they tell you next to nothing.)

Only some of those problems were addressed by recent ethics legislation passed by the legislature and signed by Gov. Phil Bredesen (The governor provided zero leadership on the issue while ethics legislation was being debated).

And now we've come to this: indictments alleging corruption involving legislators from both sides of the aisle in a cash-for-legislation scandal and even allegations that one powerful senator threatened to kill a witness.

UPDATE 2:28 p.m.: Blogmentary:
Doug Petch: "Corruption obviously honors no party line." ... Rex Hammock wonders how many indicted legislators makes a quorum. ... Rob Huddleston wonders what this means for Harold Ford Jr. ... Sharon Cobb writes: "One of the people arrested is Senator John Ford, the uncle of Harold Ford, who announced his candidacy for the U.S. Senate less than 24 hours ago. This is a nightmare for Harold and for Democrats in general."

Idle Thought: Now would be a very good time for more legislators to have blogs at VolPols.com...

UPDATE: 2:58 p.m. Official Statements:
State Rep. Stacey Campfield, writing on his blog, says, "I still think this is just the tip of the iceberg. More names are still supposedly to come down and I don't think that they went after all the people that would have probably taken the money. Rumors are rampant as to who will be the next to go. I personally am glad to see this happen lets get them all, sweep them all out, its time to clean house."

State Sen. Roy Herron, D-Dresden, has a blog but he has nothing to say about the scandal.

Gov. Phil Bredesen - who, as I've already mentioned, provided no leadership during the legislative session on the hot issue of legislative ethics - gave a statement, which you read or listen to here. Bredesen: "I was proud to sign bipartisan ethics legislation last month, and we agreed this morning that we will set up a process to see whether further or different legislation could have prevented today. If so we are committed to constructing and passing such legislation."

Better late than never, Gov. Bredesen.

UPDATE: 3:06 p.m.: The TeamGOP.org blog has a report from a correspondent inside the Nashville federal courtroom where Bowers, Cruthfield and Newton were arraigned before being released without bond.

On fast-breaking news days like today, a walk past the nearest newspaper boxes highlights just how completely obsolete the printed newspaper is as an information delivery technology.

Consider the front pages of Nashville's two dailies today - stories that were written yesterday and won't change until tomorrow morning.

Meanwhile, blogs, news websites and broadcast media provided updates in real-time. Prediction: There will be little new information in tomorrow's dailies that you couldn't already have read today online.

Doug Petch seconds the opinion of this from Blake Wylie:

Responding to Governor Phil Bredesen's statement that the arrests can't help but "shake the confidence" of all Tennesseans, Blake writes - "I, myself, don't believe it is shaking the 'confidence of the people of Tennessee.' I actually think that many people are glad to see it. It's a sort of "house cleaning" to get rid of some corruption that, for years, everyone in the state has known to exist in the state legislature. They are glad to see that something (more than a slap on the wrist) has finally been done to put those that corrupt the system where they belong."

I'd rather have a legislature full of honest Democrats than corrupt Republicans.

UPDATE 7:48 p.m.: Memphis blogger Mike Hollihan writes, "What an incredible day. I get the sense that Tennessee's political landscape is about to go through broad, fundamental changes."

Hollihan also blogs the local TV Memphis news coverage, including a report that Ford is being held overnight and was seen in the courtroom in shackles.

And although the epicenter of the Tennessee Waltz scandal is smack dab in the middle of Memphis and the Memphis Democratic political machine, Hollihan noted at 5:30 p.m. that, oddly, the big local liberal blogs had nothing to say about it today:

I just checked two of the Memphis area's biggest liberal Democrat (uhh... progressive? uhhh...) websites - blogs that post multiple times every day - and neither one has a single word. Not Lean Left. Not Dark Bilious Vapors.

Not. One. Word.

I report, you conclude.

On that happy note, I'll end for the night.