Tennessee’s lieutenant governor is backing a Memphis state senator’s move to force the ouster of Shelby County’s prosecutor for “dereliction of duty” in connection with felons caught carrying weapons.
Lt. Gov. Randy McNally (R-Oak Ridge) issued a statement Monday saying he “wholeheartedly” supports efforts by Republican state Sen. Brent Taylor (R-Memphis) to dismiss Shelby County District Attorney General Steve Mulroy from office for “failing to properly prosecute convicted felons in possession of a firearm.”
Taylor sent McNally a letter Monday notifying him he plans to file a Senate resolution after the November election to remove Mulroy from office. The district attorney general said recently he plans to adopt a policy allowing non-violent felons to avoid being prosecuted for possession of weapons.
McNally said Mulroy’s “explicit refusal to prosecute criminals with guns is inexcusable and unconstitutional. While district attorneys have prosecutorial discretion, that discretion is not a license to override or subvert the law of the land. DA Mulroy’s record of refusal to prosecute laws he does not personally care for is longstanding and clear. I believe it is time for him to go.”
State Senator Brent Taylor (R-Memphis) during the 113th general Assembly Credit: John Partipilo/Tennessee Lookout
Even though district attorneys general are elected by a county’s voters, the Legislature can oust them with a two-thirds vote, according to a state law cited by Taylor in his letter.
Taylor and House Speaker Cameron Sexton made social media posts last week calling Mulroy soft on crime for his new policy to provide “diversion” from conviction for non-violent felons caught carrying weapons.
Mulroy, a Democrat serving his first term after defeating Republican Amy Weirich, told the Tennessee Lookout last week the DA’s Office continues to prosecute illegal gun possession cases, including possession of a gun connected to drug crimes and possession of a Glock switch, which makes those types of handguns fully automatic. His office did not respond to questions Monday.
The district attorney, though, noted his office is “open to offering a diversion track, on a case-by-case basis for those defendants who have no history of violence or significant criminal history and seem reformable.”
Those types of offenders would be prosecuted but could avoid conviction by meeting “stringent requirements” for rehabilitation, he said. The policy is designed to free up prosecutors to focus on offenders who “use a weapon,” he said.
Taylor acknowledged Monday that district attorneys general have “prosecutorial discretion” but contended that state law prohibits felons from possessing weapons and argued if Mulroy thinks non-violent felons should be excluded, then he should lobby the Legislature to change the law. He denied that his effort to remove Mulroy is a political move and maintained that the district attorney has “abused his prosecutorial discretion.”
It looks like every local official is now on notice not to cross powerful state politicians – or else. Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do.
Sens. Raumesh Akbari and London Lamar, Memphis Democrats, in a statement
“He’s attempting to enforce and prosecute the law based on how he wishes it were written, not how it’s actually written,” Taylor said. “District attorneys are obligated to enforce the law the legislature enacts.”
Senate Minority Leader Raumesh Akbari (D-Memphis) and Minority Chairman London Lamar (D-Memphis) issued a statement in response calling Taylor’s effort an “unconstitutional attack” on Shelby County’s district attorney and saying it “sets a dangerous precedent.”
“It looks like every local official is now on notice not to cross powerful state politicians – or else,” they said. “Memphians are sick and tired of seeing their local elected officials run over by state politics just for doing the job they promised to do.”
They contend crime didn’t start with Mulroy’s election and said, “it’s beneath the Legislature to threaten local officials over a policy debate.”
Sen. Taylor and state Rep. John Gillespie (R-Memphis) passed legislation this year overturning a Memphis City Council ordinance stopping police from making “pretextual” stops such as driving with broken tail light. The measure was designed to prevent violent incidents between police and motorists such as the death of Tyre Nichols who was pulled over for reckless driving and beaten by five police officers, according to video of the stop.
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Lt. Gov. Randy McNally, photographed in February 2023. (Photo: John Partipilo)
Barely two weeks after revelations that he posted comments next to risque photos on young gay men’s Instagram sites, Lt. Gov. Randy McNally won a vote of confidence from his peers.
The Senate Republican Caucus, in a vote that took hours to cast Monday, supported the veteran lawmaker instead of handing him a vote of no confidence in his darkest hour.
The caucus voted 19-7 in support of McNally in a tally announced after Monday’s Senate session.
“I have always been honored, humbled and grateful for the support of my caucus. I remain so today. We have a lot of important work left to do as we complete the legislative session, including the budget. I look forward to getting to it,” McNally said in a Monday night statement.
No meeting was held as votes were cast individually in Senate Speaker Pro Tem Ferrell Haile’s office.
“He’s served 40-plus years for the state, done an excellent job, no questions. He made a mistake. Let’s offer some grace and mercy and forgiveness and move on. We’ve got business to take care of,” Haile, R-Gallatin, said Monday before the Senate session.
Sen. Todd Gardenhire relayed a similar sentiment after voting to back McNally, saying he had “absolute faith” in the lieutenant governor.
“He told the truth. He owned up to it. He didn’t make fun of the guy. He didn’t criticize his lifestyle. What more do you want?” Gardenhire, R-Chattanooga, said before the session.
Sens. Shane Reeves, R-Murfreesboro, and Frank Niceley, R-Strawberry Plains, also said they cast a vote of confidence in McNally.
“We can’t let a little vocal minority run us off,” Niceley said.
Reeves would say only that he voted for McNally.
But Sens. Mark Pody, R-Lebanon, and Joey Hensley, R-Hohenwald, would not say how they voted or planned to vote.
McNally, the Republican-appointed speaker of the Senate from Oak Ridge, stemmed most criticism by saying he made posts of “encouragement” on the young men’s photos, contending he “enjoys interacting with constituents and Tennesseans of all religions, backgrounds and orientations.”
Groups such as the Human Rights Campaign, however, call Tennessee one of the worst states in the nation for LGBTQ rights because of a series of laws passed by the Republican-controlled General Assembly. McNally voted this year in favor of legislation restricting drag shows and prohibiting transgender therapy for minors. But he pointed out his views toward the LGBTQ community have been evolving.
Republican leaders have been loath to take a jab at McNally, a member of the General Assembly since 1979. Only state Rep. Todd Warner, R-Lewisburg, has called on McNally to resign, putting out a statement last week seeking a TBI investigation into the matter. Warner’s home and office were raided by the FBI two years ago, but he was never charged with a crime.
Political insiders say senators have been jockeying for position in case McNally stepped aside. For instance, the Tennessee Firearms Association over the weekend endorsed Sen. Paul Bailey, R-Sparta, for the lieutenant governor’s post.
The Tennessee Star, a conservative news site, and Tennessee Stands, an advocacy group headed by Gary Humble, have called for McNally’s resignation because of the Instagram posts and health problems. McNally had a pacemaker inserted in February.
Asked Monday if he’s bucking for the lieutenant governor’s job or other leadership posts, Bailey said before the session, “All those positions are filled at this point in time.”
Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.
McNally, the Republican-appointed speaker of the Senate from Oak Ridge, has weathered the criticism of these comments by stating he makes them out of “encouragement” and that he “enjoys interacting with constituents and Tennesseans of all religions, backgrounds and orientations.”
His comments come as organizations such as the Human Rights Campaign call Tennessee one of the worst states for the LGBTQ community because of a series of laws passed by Republicans.
Republican leaders in the House and Senate have been reluctant to criticize McNally, who has served in the Tennessee General Assembly since 1979.
Several sources told the Tennessee Lookout that they expect McNally to survive the vote.
Some believe McNally, who has been canvassing the 27 caucus members, should be able to find out exactly how they feel about his future by taking a vote. They see the Senate Republican Caucus as split three ways between those who believe McNally should remain in his post, those who believe he should step down this session and others who believe he should say farewell at the end of the 2023 session this spring.
The race to replace McNally heated up over the weekend when the Tennessee Firearms Association endorsed Sen. Paul Bailey, R-Sparta, as the next lieutenant governor.
Senate Majority Leader Jack Johnson, R-Franklin, and Sen. Bo Watson, R-Hixson, are considered the most likely replacement for McNally, but neither appears to be publicly advocating for the job at this time.
Those on the fringes of the Republican Party have been the loudest critics of McNally. The Tennessee Star, Tennessee Stands and Rep. Todd Warner, R-Chapel Hill, all called for him to step down, citing the Instagram comments and other health issues.
McNally had heart surgery in February to put in a pacemaker.
The Lookout reached out to McNally’s office for comment and had yet to receive a response at the time of publication.
Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.
