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Politics Politics Beat Blog

Federal Judgeship Rumored for Norris

For months now state Senator Mark Norris (R-Collierville), majority leader of the Senate, has been suspended between a long-standing ambition to run for Governor and the possibility of an appointment to a federal judgeship. Norris deemed the latter prospect “an honor” when asked about it by the Flyer in February.

New reporting from various Tennessee media sources would indicate that the honor could be imminent. Both the Tennessean of Nashville and the Chattanooga Times-Free Press have run stories indicating that Norris has lately been the subject of the kind of FBI background check that precedes such a judicial appointment.

Two District judgeships are open, one vacated by Judge Hardy Mays, another by Judge Daniel Breen.
Appointment to one of the judgeships, besides being a career milestone in itself, would make irrelevant an existing dilemma faced by Norris in his acknowledged contemplation of a gubernatorial race.

The GOP-primary candidates already declared — former state Economic Development Commissioner Randy Boyd and Franklin businessman Bill Lee — as well as another possible entry, 4th District congresswoman Diane Black, possess sources of funding, including private wealth, that Norris would have difficulty matching. And state House Speaker Beth Harwell (R-Nashville), who would draw on some of the same legislative support as Norris, is also thinking of entering the race.

Under the circumstances, there is little doubt that Norris, trained in Constitutional law and possessor of a contemplative mind beyond his demonstrated skills as a legislator and conciliator, would accept a judicial appointment.

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News

Judge Gives John Ford’s Attorney Time to Read Transcripts

John Ford will probably not be going to prison before December.

On Monday, U.S. District Judge Daniel Breen set a date of November 19th for Ford’s attorney, Robert C. Brooks, to file a motion to allow Ford to remain free on bond. Ford was convicted of bribery in the Tennessee Waltz investigation earlier this year and sentenced to five and a half years in prison.

Brooks, an appeals specialist, said he needs six weeks to read the 3000-page trial transcript and decide whether to ask for an appeal bond. Brooks took over Ford’s Memphis case from trial attorney Michael Scholl.

Should Brooks make that motion, Breen said a hearing on it would be held in Memphis on November 28th. Breen said Ford’s report date would be moved back to some time in December.

Ford has a November 6th trial date in Nashville on unrelated federal charges stemming from his consulting work for Tenn-Care contractors. His Nashville attorney, Isaiah Gant, was in Breen’s courtroom Monday and told the judge it is likely that the trial will begin on that date although a delay is possible. Gant said the trial is expected to last four or five weeks.

Assistant U.S. Attorney Tim DiScenza said Ford could begin serving his prison sentence in October as originally scheduled and still make his November 6th trial date. DiScenza said many defendants have other cases pending. He said Ford could start doing his time at a facility in Nashville or federal marshals could bring him to Nashville from Texas when the trial starts.

“Mr. Ford is no different than any other defendant who goes to trial,” said DiScenza.

Brooks said ‘there appears to be this rush to get Mr. Ford locked up.” But he said that putting Ford in prison at this time would “deny him due process and assistance of counsel.”

Breen said that if Ford’s Nashville case begins November 6th then he will revisit the issues raised in Memphis by Brooks.

Ford left the courtroom without speaking to reporters.

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Opinion

John Ford: 66 Months

U.S. district judge Daniel Breen sentenced John Ford Tuesday to 66 months in prison, which means the senator, now 65, will be at least 71 when he is a free man.

Harsh as it was, things could have been worse. In fact, they could still get worse for Ford, who faces separate federal charges in Nashville and has a November 6th trial date. But Ford and his friends and family appear to have helped his cause somewhat with an emotional appeal for leniency on Monday, day one of a rare two-day sentencing hearing.

Breen said the sentencing guideline range for Ford’s bribery conviction was 78 to 97 months. The judge said Ford “used and abused” his power. He was “a person of greed and avarice but also a person who assisted others.” His conduct “sends a very unfortunate message to those persons who were represented by Mr. Ford,” especially young people. The damning videotapes “reflect an arrogance that belies his concern for his constituents.” The whole thing was “a tragedy on many levels.”

Adding up all of that, and using his own judicial discretion, Breen arrived at 66 months, or slightly more than the sentence another federal judge gave Tennessee Waltz defendant Roscoe Dixon. Ford was stoic in the courtroom but appeared tearful on the elevator as he left the courthouse with his family.

John Ford was one-of-a-kind as a politician and public figure for more than 30 years, and his sentencing was no exception. It took seven hours over two days in a packed courtroom and appeared to leave Ford and members of his family emotionally drained. He gave a good account of himself and revealed a side rarely seen by reporters and most members of the public. Speaking to Breen in a soft voice that sometimes cracked, Ford asked for leniency for himself and his dependent children and said he was “ashamed” of the way he behaved on the secretly recorded tapes that convicted him.

“During the trial I was completely ashamed of myself, just completely ashamed of myself,” he said of the hours of tapes on which he swore, bragged, partied, threatened to shoot people, and took cash bribes from an undercover FBI agent. A very different Ford was on display in court this week.

The two years since the Tennessee Waltz indictments were announced in 2005 “have been the most difficult of my entire life,” he said, hesitating as he chose his words. “I don’t know how I have been able to sustain myself.”

He told Breen, “I accept the jury verdict, and I take full, total, and complete responsibility for my actions.” He apologized to the court, his family and friends, his constituents, “and particularly to my children.”

Thirteen friends and family members took the witness stand and described him as a good father of 12 children, a supportive brother, and a “go-to” legislator for 31 years.

If Ford’s own speech was deficient in some way it was perhaps too honest. He simply could not bring himself to confess a level of remorse he clearly does not feel for a conviction based on a sting operation that, however much the government protests, likely targeted him.

“Your honor, the worst thing about me is I talk too much,” Ford said. He added that his mistake was “I trusted everybody, but I should have known better. You can’t trust everybody.” One of the spectators in the courtroom was “L.C. McNeil,” the jive-talking “businessman” who made the ten $5,000 undercover payments to Ford.

Ford said that prior to Tennessee Waltz he had never been offered a bribe and never approached anyone for a payment for his legislative services. “Never ever again will I make these kind of mistakes,” he said.

That was too much for prosecutor Tim DiScenza. To the very end, he bored in on Ford as a crooked lawmaker whose only sincere regret was getting caught and convicted.

“We don’t hear about the betrayed trust of the people that voted for him or the trust of the young legislators who may have looked up to him as a role model,” he said.

DiScenza, who has a perfect conviction record in Tennessee Waltz, scoffed at the current and former lawmakers and public officials — Alvin King, Ulysses Jones, and Osbie Howard — who spoke on Ford’s behalf and blamed his problems on big talk.

“These legislators obviously don’t get it,” he said.

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News

Ford Seeks Mercy; Judge Delays Sentence Until Tuesday

John Ford asked a federal judge for mercy Monday but he’ll have to wait until Tuesday to find out if he gets it.

Speaking for 10 minutes at the end of a nearly five-hour sentencing hearing, Ford told U.S. District Judge Daniel Breen he accepts “total responsibility” for his acts and was “ashamed” at the way he was portrayed on secret tapes during his trial.

Breen ended court shortly before 6:30 p.m. and will reconvene it at 9 a.m. Tuesday. He will give prosecutors and Ford’s attorney one more chance to speak, then he will deliver the sentence.

Thirteen friends and family members of Ford spoke on his behalf Monday. They said he is a good father and was a “go-to” legislator for 31 years.

The most dramatic moment of the day came when Ford himself spoke to Breen in a soft voice. He seemed to struggle to maintain his composure at times, but finished with a plea for mercy for his children rather than himself.

(See memphisflyer.com for full details Tuesday and this week’s print edition of the Flyer.)

–John Branston