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Politics Politics Beat Blog

MARSHA THE, ER, MODERATE!?

You may think that Marsha Blackburn, the arch-Republican state senator from posh Williamson County, the same Marsha whose Paul Revere-like emails from her legislative desk summoned up a host of angry protesters at the state Capitol in Nashville last July 12trh, can do no wrong with members of the anti-tax movement. Fahgitaboudit!

Believe it or not, there is a group of politically active citizens so much further to the Right and so ideologically Simon-pure as to be capable of putting even Sen. Blackburn on the griddle. As witness Wednesday night, when Blackburn drove by herself all the way to Memphis at a friend’s invitation to address members of the Shelby County Libertarian Party at Pancho’s Restaurant at the Cloverleaf Shopping Center on Summer.

Don’t misunderstand, she was the subject of much stroking and congratulations for her role in organizing the mass turnout at the Capitol last month, which critics maintain was a crude intimidation of the parliamentary process and which admirers contend was democracy in action. Blackburn didn’t quite get called “Joan of Arc” (local anti-NBA-Arena protester Heidi Schaefer, who was in attendance, got that honor), but Blackburn was called “heroine,” “ patriot,” all of that.

She may not have been prepared, however, for two questioners who were starting from Ground Zero where she was concerned, cutting her no slack for reputation or previous service. One made it clear that, whatever else Sen. Blackburn may have done, she was still one ‘a them tax-drawing drones sitting up there in Nashville at the people’s expense..

Another questioner, dripping with skepticism, demanded to know if she would abide by the U.S. Constitution (as defined by himself, of course). She allowed as how she would. “Are you sure?” the man demanded. “We’re going to hold you to it!”

The same man offered her a hoary catechism wrapped in a trick question. “Do we live in a democracy or a republic?” he demanded to know. Marsha answered quite sensibly, “A little bit of both,” thereby evading the semantic trap her questioner had set, ultimately for himself to fall into.

Blackburn, it turns out, has an acute sense of the New Age politically and of her role in it. She is aware that the conventional strict-constructionist conservative may choose to insist that ours is a republic, but she knows full well that the mass callout which she helped organize on July 12th (a variant of which was hazarded here locally on Monday at a Shelby County Commission meeting considering a tax increase) was a democratic phenomenon, a throwback to the Power to the People and participatory-democracy models which today’s conservatives have inherited from yesterday’s leftists. (According to the strict-constructionist “republic” model, you see, the people’s elected deputies should have been left alone and untroubled on July 12th, to reflect at their leisure on the merits of income-tax legislation.)

Blackburn said she was in no wise emulating Sen.Robert Rochelle, who is circuit-riding the state at his own expense to proselyte for tax reform (i.e., the income tax). “I just happened to get an invitation down for ths one event,” she said.

As to her future political plans, the senator from Williamson County said she would have to wait for redistricting to determine whether she might contemplate a congressional run (she is just now in Democrat Bart Gordon‘s 6th Congressional district but could conceivably end up in the 7th District of Rep. Ed Bryant, who would dearly love to run for the Senate if senior Republican Fred Thompson doesn’t seek reelection. And “friends” have continued to sound her out about a gubernatorial race. (Evidently, just as she is judged less than pure by strict constructionists, so is GOP favorite Van Hilleary considered not quite ideal by some purists on the Right.) “I have learned to say, ‘Never Say Never,’” Blackburn said, “but, of course, it is getting somewhat late in the game.”

Of two lodgemates among the legislature’s conservative contingent who had offered criticism of her actions last month, Blackburn was forgiving. “I think he’s a fine man who’s done many wonderful things,” she said of Sen. David Fowler (R-Signal Mountain), who said on the night of July 12th that Blackburn was “out of the loop” and had lost “all respect among the conservative, low-tax caucus.” She was equally kind toward Sen. Mark Norris (R-Collierville), who had said of Blackburn’s alarm-sounding emails, “She hollered fire in a crowded theater.” Norris was “a decent man” trying to do the right thing, Sen. Blackburn said.

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We Recommend We Recommend

thursday, 30

The musical I Don’t Want to cry No More opens atThe Orpheum tonight. The film Three Minutes Based Upon the Revolution of the Sun, shot entirely in Memphis,premieres tonight at Studio on the Square. There’s a big Peabody Place Ribbon Cutting party tonight,the official grand opening of the entertainment and shopping complex, which goes on through Sunday. The Memphis Redbirds go up against Nashville tonight in their last home game of the season; they’re close to winning the highest attendance record of any team in the league, but that could change within a matter of one game, so be there. And tonight’s Keith Sykes Songwriters Night at Black Diamond on Beale features Richard Leigh and Alex Harvey.

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News News Feature

FEDS INDICT LANG, KIRK

A federal grand jury has indicted former Trezevant. High school football coaches Lynn Lang and Milton Kirk on charges of conspiracy, use of an interstate facility to commit bribery, and extortion.

The indictment says the conspiracy was designed to obtain money, cars, and houses from universities and football boosters seeking to recruit star player Albert Means. The indictment does not name Means but refers to a certain student athlete at Trezevant.).

The charges stem from a joint investigation by the U.S. Attorney’s office, the District Attorney General’s office, the Federal Bureau of Investigation,and the Tennessee Bureau of Investigation.

”By our joint efforts I believe we are sending a clear message that the sale of high school athletes for personal gain will not be tolerated in our community,” said District Attorney General Bill Gibbons.

The nine-count indictment lays out details of Lang’s dealings with Alabama, Arkansas, Michigan State, the University of Memphis, the University of Tennessee, and Florida State University.

According to the indictment Lang told coaches that the price for Means would be anything from $50,000 to $200,000, plus cars and a house.

(Reported by John Branston)

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News News Feature

McCALLA’S ODYSSEY

Seventeen years and five days from what must have been the lowest day of his professional life, U.S. District Judge Jon McCalla and I shared a few anxious hours together in the waiting room of the maternity ward at Baptist Hospital East. He was awaiting the birth of a daughter, I a son.

Whatever your station in life, an experience like that binds you in your common humanity, if only for a short time. He was a lawyer, I was a reporter. For those few hours we were just two nervous, happy guys.

I knew McCalla slightly then and would come to know him better over the years as a federal judge, a handball player at the YMCA, and a lunchtime companion at the Wolf River Society. I have only rarely seen him on the bench. But then the appellate judges who forced him to accept a six-month respite and behavioral counseling probably haven’t seen him on the handball court, either. Or in the waiting room.

The punishment is puzzling, even if McCalla did not officially dispute the facts of the complaints against him, which came mainly from lawyers at the firm of Burch Porter and Johnson.The damning transcripts that were made public and published in the newspaper did not clarify things much.

They showed McCalla berating an attorney for what he saw as a lack of preparedness. Not once or twice, but again and again. When a lawyer does it in court, it’s called badgering the witness. Counsel will refrain . . . blah blah blah.

McCalla is punctual on the bench, maybe compulsively so. Well, some attorneys are tardy, long-winded, and obtuse, maybe chronically so.

McCalla is snippy and sarcastic at times. Maybe too much so. Some lawyers, on the other hand, are prima-donnas, maybe pathologically so.

In short, Judge McCalla sometimes gave lawyers a horse doctor’s dose of their own medicine. In 20 years of covering trials on and off, it still amazes me that witnesses never leap from the dock to strangle the attorneys who badger them, humiliate them, embarrass them, or fail to give them competent counsel. I don’t know how they sit there and take it. I believe this thought may have crossed McCalla’s mind as well.

The writer Jesse Stuart wrote that “the law is a powerful thing.” Powerful enough, in Stuart’s story, to make a Kentucky redneck send his grandson to school. In our town, the law is powerful enough to get to the bottom of a football recruiting scandal or a business scam or a custody fight or a murder. Lawyers have “supeenees,” as actor Wilford Brimley said as the prosecutor in the movie Absence of Malice.

A wonderful thing, a subpoena. It can make the most reluctant witness talk, and even tell the truth. On a good week a fourth of the phone calls I make as a reporter are not returned; on a bad week it’s more like three-fourths. Probably a typical batting average for the press. No supeenees, you see. Reporters can hardly ever get the real story, or we can’t tell it because we have to swim in the same water.

Ten years ago, McCalla became a judge in this world where you can get to the bottom of things and find out what’s really what, and he brought with him all his considerable brainpower as well as his impatience, his temper, his biases, and the tenacity of a handball player. Strangely enough, the law firm that brought him down includes some of his erstwhile Wolf River Society lunch companions. Even in the courtroom, that arena of gladiators, there are rules, and McCalla broke them, or so they say.

An hour after he surrendered to the appellate judges and agreed to their humiliating terms, McCalla agreed to see me for a few minutes in his chambers. He was cleanshaven, dry eyed, and his handshake and voice were firm. I asked him if I could use anything he said under any conditions in a newspaper story. He looked at his lawyer standing several feet away. She said nothing, and shook her head, no.

— JOHN BRANSTON

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News News Feature

MEMPHIS BANK ROBBERIES ON THE DECLINE

In a recent AP article Scott Nowinski, an FBI representative said that bank robberies in the state of Tennessee are on the rise in comparison to 2000. Here in Memphis, where two separate fatalities have occurred in the last year during bank robberies, those statistics seem true.

According to Steve Anthony, the FBI supervisory special agent for violent crimes in the West Tennessee area and member of a special multi-county and city violent crime task force, those statistics are not the case in Memphis.

ÒIn the Memphis Metropolitan area, actually since 1997, we have had a steady decrease in bank robberies,Ó says Anthony. ÒFrom 90 bank robberies in 1997 to 62 in 1998, to 50 in 1999, to 41 last year. As of right now weÕve had 21. This time last year we had 30. WeÕre down another 30 percent right now.Ó

Anthony attributes the drop to a number of factors. ÒFirst and foremost is the community involvement,Ó he says. ÒThat receives the most credit, in particular the Crimestoppers unit. Especially with the violent robberies, people are not going to stand and let others be victim to these kinds of senseless acts.Ó

Also, Anthony and his group works closely with area banks ÒThe banking community has been very cooperative. We train some with them and we discuss security matters and such.Ó However, Anthony does emphasize that while the FBI can make suggestions to be banks, Òthey are a business. All we can do is to recommend to make sure they have good cameras, good quality video if that is what they are going to do, preferably 35 millimeters. We ask that they have alarms and other security devices such as dye packs. All we can do is meet regularly and suggest.Ó

Anthony also attributes the lowering robbery rate to his group. ÒIn some small way, we give credit to the agency and the task force that had foresight in 1997, when the robberies hit a peak,Ó Anthony says. ÒThe heads of the Memphis police department and the Shelby County sheriffÕs department, and now the Collierville police department came up with a unified front. One group of investigators that work together day in and day out that can handle the leads. The credit goes around.Ó

The most salient affect of the task force is in catching the criminals. Anthony says that its efforts led to the quick capture of the most recent robbers, William O. Maxwell, Terrance Johnson, Jr., and Aaron Haynes, who during their July 23 robbery of a local Union Planters left bank guard James Earl Jones with a bullet wound in the face and bank customer Sheryl White dead. ÒIt is a terrible incident,Ó Anthony says. ÒIt rallied our task force, it rallied the community. It pushed us forward to say that weÕre not going to let this happen. I have been doing this for many years and whenever you hear over your radio that shots have been fired and someone has been injured. ItÕs hard to describe. ItÕs a tragic thing. YouÕre pumped up inside. In the last case, the task force literally worked 24 hours a day until that was solved in two days. WeÕre going to continue to respond like that and weÕre going to do our best not to rest until the people responsible are put behind bars.Ó

Still, Anthony acknowledges that such high profile crimes scare customers and bank personnel alike. He says ÒWhen you have an instant when on September 18 of last year a 79 year old lady is murdered senselessly and when you have this past July 23 when a guard is shot in the face and a customer is killed, it does come to the forefront that bank robbery, by its very essence, is a violent crime. Bad things tend to happen when a robbery has been committed.Ó

And despite MemphisÕ lower than average robbery statistics, ÒWe are, unfortunately, the only city where a customer have been killed in a bank for the last two years. WeÕre not happy with that at all. When you have an instant like that it raises the concern for safety and what we are doing to catch these people and hopefully help prevent the robberies.Ó

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Politics Politics Beat Blog

MARSHA THE MODERATE?!

You may think that Marsha Blackburn, the arch-Republican state senator from posh Williamson County, the same Marsha whose Paul Revere-like emails from her legislative desk summoned up a host of angry protesters at the state Capitol in Nashville last July 12trh, can do no wrong with members of the anti-tax movement. Fahgitaboudit!

Believe it or not, there is a group of politically active citizens so much further to the Right and so ideologically Simon-pure as to be capable of putting even Sen. Blackburn on the griddle. As witness Wednesday night, when Blackburn drove by herself all the way to Memphis at a friendÕs invitation to address members of the Shelby County Libertarian Party at PanchoÕs Restaurant at the Cloverleaf Shopping Center on Summer.

DonÕt misunderstand, she was the subject of much stroking and congratulations for her role in organizing the mass turnout at the Capitol last month, which critics maintain was a crude intimation of the parliamentary process and which admirers contend was democracy in action. Blackburn didnÕt quite get called ÒJoan of ArcÓ (local anti-NBA-Arena protester Heidi Schaefer, who was in attendance, got that honor), but Blackburn was called Òheroine,Ó Ò patriot,Ó all of that.

She may not hve been prepared, however, for two questioners who were starting from Ground Zero where she was concerned, cutting her no slack for reputation or previous service. One made it clear that, whatever else Sen. Blackburn may have done, she was still one Ôa them tax-drawing drones sitting up there in Nashville at the peopleÕs expense..

Another questioner, dripping with skepticism, demanded to know if she would abide by the U.S. Constitution (as defined by himself, of course). She allowed as how she would. ÒAre you sure?Ó the man demanded. ÒWeÕre going to hold you to it!Ó

The same man offered her a hoary cathecism wrapped in a trick question. ÒDo we live in a democracy or a republic?Ó he demanded to know. Marsha answered quite sensibly, ÒA little bit of both,Ó thereby evading the semantic trap her questioner had set, ultimately for himself to fall into.

Blackburn, it turns out, has an acute sense of the New Age politically and of her role in it. She is aware that the conventional strict-constructionist conservative may choose to insist that ours is a republic, but she knows full well that the mass callout which she helped organized on July 12th (a variant of which was hazarded here locally on Monday at a Shelby County Commission meeting considering a tax increase) was a democratic phenomenon, a throwback to the Power to the People and participatory-democracy models which todayÕs conservatives have inherited from yesterdayÕs leftists. (According to the strict-constructionist ÒrepublicÓ model, you see, the peopleÕs elected deputies should have been left alone and untroubled on July 12th, to reflect at their leisure on the merits of income-tax legislation.)

Blackburn said she was in no wise emulating Sen.Robert Rochelle, who is circuit-riding the state at his own expense to proselyte for tax reform (i.e., the income tax). ÒI just happened to get an invitation down for ths one event,Ó she said.

As to her future political plans, the senator from Williamson County said she would have to wait for redistricting to determine whether she might contemplate a congressional run (she is just now in Democrat Bart GordonÕs 6th Congressional district but could conceivably end up in the 7th District of Rep. Ed Bryant, who would dearly love to run for the Senate if senior Republican Fred Thompson doesnÕt seek reelection. And ÒfriendsÓ have continued to sound her out about a gubernatorial race. (Evidently, just as she is judged less than pure by strict constructionists, so is GOP favorite Van Hilleary considered not quite ideal by some purists on the Right.) ÒI have learned to say, ÔNever Say Never,Ó Blackburn said, Òbut, of course, it is getting somewhat late in the game.Ó

Of two lodgemates among the legislatureÕs conservative contingent who had offered criticism of her actions last month, Blackburn was forgiving. ÒI think heÕs a fine man whoÕs done many wonderful things,Ó she said of Sen. David Fowler (R-Signal Mountain), who said on the night of July 12th that Blackburn was Òout of the loopÓ and had lost Òall respect among the conservative, low-tax caucus.Ó She was equally kind toward Sen. Mark Norris (R-Collierville), who had said of BlackburnÕs alarm-sounding emails, ÒShe hollered fire in a crowded theater.Ó Norris was Òa decent manÓ trying to do the right thing, Sen. Blackburn said.

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News News Feature

JUDGE McCALLA PLACED ON LEAVE

The Memphis Flyer has learned that a special investigating committee of the Judicial Council of the 6th Circuit Court of Appeals, after meeting in closed session Wednesday with U.S. District Judge Jon McCalla has placed Judge McCalla on six-month administrative leave during which he will receive “behavioral counseling” for “improper and intemperate conduct” toward lawyers appearing before him.

A statement concerning the finding was issued by Boyce F. Martin Jr., chief judge, US Court of Appeals for the 6th Circuit and chairman of the 6th Circuit Judicial Council, who further said that Judge McCalla had acknowledge “the factual accuracy and validity of the complaints” and had apologized to the lawyers, the judiciary, and the bar.

Judge Martin’s statement was as follows:

Statement from the 6th Circuit Judicial Council Regarding Judge McCalla

“The special investigating committee of the Judicial Council of the 6th Circuit met today in Memphis to conduct a hearing as a part of its investigation into complaints of judicial misconduct filed by several attorneys against U.S. District Judge Jon McCalla of the Western district of Tennessee.

“Although the committee was prepared to receive testimony and other evidence and witnesses, Judge McCalla personally assured the committee that he acknowledges the factual accuracy and validity of the complaints of improper and intemperate conduct toward some lawyers who have appeared before him. In addition, Judge McCalla publicly apologized to the lawyers whom he has offended, as well as to the judiciary and the bar.

“In light of Judge McCalla’s acceptance of the validity of the complaints and the wrongfulness of his conduct the committee found it unnecessary to conduct a hearing to determine the factual basis for the complaints.

“Upon consideration the committee will recommend to the judicial council that Judge McCalla be placed on administrative leave for a period of no less than six months, during which time Judge Mccalla will continue to receive behavioral counseling.

“Judge McCalla has accepted these recommendations and agreed to abide by them.”

Boyce F. Martin Jr., chief judge, US Court of Appeals for the 6th Circuit and chairman of the 6th Circuit Judicial Council.

An earlier story, posted Wednesday on the Flyer website, follows:

JUDGE MCCALLA GETS TASTE OF JUDICIAL MEDICINE

In an extraordinary secret session closed to reporters and the public, a panel of federal appeals court judges met in a courtroom in Memphis Wednesday to consider whether U.S. District Judge Jon McCalla is fit to be a federal judge.

The U.S. Sixth Circuit Court of Appeals has issued a court order closing the proceedings on the ninth floor of the federal building to public scrutiny. Reporters were turned away outside the elevators and told that they could not even be on the floor, much less inside the courtroom.

Even in secret grand jury sessions, reporters are allowed outside the jury room and free to try to interview witnesses.Trials, whether they involve the president of the United States or paupers, are normally held in open court.

The McCalla matter — the vagueness is due to the federal courts’ refusal to disclose any information whatsoever about what is going on — is not a trial as such but a special proceeding to look into complaints about the judge’s temperament.

Neither the U.S. Marshall’s Office in Memphis nor the U.S. District Court Clerk’s office was able to provide a reporter with a copy of the Sixth Circuit Court order Wednesday.

Chief Deputy U.S. Marshal Thomas E. Thompson referred questions to Sixth Circuit Executive James Higgins. But Higgins’ office in Cincinnati said he was unavailable until next Tuesday because he is in Memphis.

McCalla has been presiding over a number of high-profile local cases including the Shelby County Jail case. The judge got himself in hot water in other trial hearings where he repeatedly scolded attorneys and questioned their professionalism. Now it is McCalla’s professionalism that is at issue. But the public isn’t getting so much as a peek.

(Grunt work on this story performed by Chris Przybyszewski, Jackson Baker, and Kenneth Neill.)

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‘KID FRIENDLY?’ ALAS, NOT US!

A new report which grades U.S. cities finds that America is becoming a more kid-friendly place. Unfortunately Memphis’ low ranking proves we’re not so kid-friendly after all.

The Kid-Friendly Cities Report Card 2001, a comprehensive 239-city study from the environmental organization Zero Population Growth (ZPG), ranked Memphis in the Independent Cities category as 128 out of 140. Our grade: C-.

The study arranged the 16 different quality-of-life indicators into seven categories to examine the kid-friendliness of each location. These are: Community Life; Economics; Education; Environment; Health; Population Change and Public Safety. Each city receives a grade in each of the 7 categories as well as an overall grade.

“The study is not to point fingers at who is being the least kid-friendly,” ZPG Spokesperson Mark Daley says. “We did it to be informative, to let cities know where they are on this subject matter.”

This study shows that Memphis is excelling in the education, economic and environmental aspects of this city while health, community life and public safety account for some of lower grades.

Issues taken into consideration under the health category include infant mortality rate as well as teenage pregnancy. Violent Crimes and property crimes per 1000 persons are also weighed under the public safety category. The community life category counts children’s attendance for programs and other events in the city.

Even though Knoxville, at #63, and Nashville, at #91, ranked in the top 100 of this study, Memphis still managed to out do Chattanooga, #131. The highest rankings overall went to Portland, Ore., Burlington, Vt., and Overland Park, Kan. While the lowest overall rankings went to Atlanta, Ga., San Bernardino, Calif. and Moreno Valley, Calif.

“This is a study to focus on success in each city,” Daley says. “We as citizens are to take what we know, fix it, and while doing so learn from others’ [cities] success.”

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News The Fly-By

CONTINUING EDUCATION V (NO CLASS)

Well, the school board has proved again that we, the voters, are a bunch of big ol’ rubes. They voted to allow ex-felons to work for our city schools where these convicted perpetrators will be fully exposed to our precious children on a daily basis. It is, in our opinion, unconscionable to allow ex-felons such easy access to drugs, guns, and ammunition. If we hope to stop recidivism this foolish action must be stopped posthaste.

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News

JUDGE McCALLA GETS TASTE OF JUDICIAL MEDICINE

In an extraordinary secret session closed to reporters and the public, a panel of federal appeals court judges met in a courtroom in Memphis Wednesday to consider whether U.S. District Judge Jon McCalla is fit to be a federal judge.

The U.S. Sixth Circuit Court of Appeals has issued a court order closing the proceedings on the ninth floor of the federal building to public scrutiny. Reporters were turned away outside the elevators and told that they could not even be on the floor, much less inside the courtroom. Even in secret grand jury sessions, reporters are allowed outside the jury room and free to try to interview witnesses.

Trials, whether they involve the president of the United States or paupers, are normally held in open court. The McCalla matter — the vagueness is due to the federal courts’ refusal to disclose any information whatsoever about what is going on — is not a trial as such but a special proceeding to look into complaints about the judge’s temperament.

Neither the U.S. Marshall’s Office in Memphis nor the U.S. District Court Clerk’s office was able to provide a reporter with a copy of the Sixth Circuit Court order Wednesday. Chief Deputy U.S. Marshal Thomas E. Thompson referred questions to Sixth Circuit Executive James Higgins. But Higgins’ office in Cincinnati said he was unavailable until next Tuesday because he is in Memphis.

McCalla has been presiding over a number of high-profile local cases including the Shelby County Jail case. The judge got himself in hot water in other trial hearings where he repeatedly scolded attorneys and questioned their professionalism.

Now it is McCalla’s professionalism that is at issue. But the public isn’t getting so much as a peek.