Some six days after District Attorney Steve Mulroy was verbally eviscerated at the Shelby County Republican Party’s annual Lincoln Day banquet, Mulroy had the opportunity, before a Democratic audience, to be celebrated instead and to respond to GOP calls for his official ouster.
Mulroy had arrived as an attendee at last Wednesday night’s monthly meeting of the Germantown Democratic Club at Coletta’s on Appling when the event’s designated speaker, state Senator Sara Kyle, temporarily ceased speaking and invited him to come to the front of the room and address the large crowd on hand.
He began by thanking the audience for an extended round of applause — “It stiffens my soul” — and acknowledging his current predicament — “These are trying times right now.”
Even before the events of the last few weeks, he said, “Strangers come up to me all the time. And they say, ‘Man, I wouldn’t have your job.’ I get it. There’s no lack of stress in the job. But, you know, obviously, things have ratcheted up lately.”
He pronounced a vow by Republican state Senator Brent Taylor to launch an ouster mechanism in the next General Assembly as “pure partisan politics” and continued, “It’s unprecedented in Tennessee history to remove somebody over what are essentially policy differences. It’s never been done. Under what we call the ‘for-cause standard,’ you have to identify specific acts or omissions that are official misconduct, or wholesale dereliction of duty.
“You know, the triggering event” — a tentative proposal to offer official diversion to nonviolent felons caught with illegal firearms — “was a program which I’ve now withdrawn. So as far as I’m concerned, there’s no need to talk about it anymore. But if anybody wants me to explain it, either now or one-on-one, I will, but the main takeaway is, don’t get caught up in arguments about these discrete little issues here and there. There’s a lot of misinformation out there. But the overarching theme is there’s no official misconduct.”
Mulroy professed to be “offended on behalf of my staff … because I happen to have 230 hardworking staff in those courtrooms every day, doing the best they can to keep Shelby County safe.”
“But, you know,” he said, “nothing’s going to happen for another six months. Six months is a long time. A lot can happen in that time. What I would ask you to do is spread the word. There’s going to be a lot of BS on social media. Over the next six months, I’d like to deputize you all to be my social media warriors, as it were, and counter the BS because at the end of the day, either Shelby County’s district attorney is chosen by the voters of Shelby County or is chosen by politicians in Nashville.”
The governing politicians of the Republican supermajority came in for criticism as well from Kyle, a candidate for re-election this year, when she resumed her remarks. She condemned a variety of alleged GOP misprisions, including corporate tax rebates granted at the expense of maternal healthcare, inaction on gun safety bills, and Governor Bill Lee’s push for student vouchers.
Although she didn’t address the matter in her speech, the senator is devoting significant time these days to caring for her husband, Chancellor Jim Kyle, who is afflicted with CIDP (chronic inflammatory demyelinating polyneuropathy) and has had to suspend his judicial caseload. More on this anon.
Brent Taylor exiting the SCEC (Credit: Jackson Baker)
State Senator Brent Taylor confided to the Memphis Flyer on Sunday the basic outlines of the procedure he intends to set in motion to remove Shelby County District Attorney Steve Mulroy from office.
The plan, as the senator indicated, will depend on legislative action in a coming session of the General Assembly, either a regular session or a specially called one.
Taylor, a persistent critic of Mulroy for what the senator considers laxity in local law enforcement, says his plan is based on Article VI, Section 6, of the state constitution and would call for a removal resolution to be passed by both chambers of the legislature, to be followed by gubernatorial action to appoint a successor as Shelby DA.
State House Speaker Cameron Sexton has also acknowledged discussing the idea of ousting Mulroy with state Attorney General Jonathan Skrmetti. Taylor promised to elaborate on details of his thinking and Sexton’s at a press conference at 2 p.m. Monday at the headquarters of the Memphis Police Association on Jefferson Avenue.
Both Taylor and Sexton fired off condemnations last week of Mulroy’s announcement of a diversionary program for non-violent previous offenders charged with illegal possession of firearms.
Push is coming to shove in the public outrage stemming from the shooting death last week of MPD Officer Joseph McKinney. And the shoving, on behalf of stouter crackdowns on local crime, is coming from more sources than ever before.
Mayor Paul Young, who has arguably been somewhat slow on the draw in fleshing out his crime program, cruising along with an interim police chief and nobody yet to fill his ballyhooed position of public safety director, is suddenly all cries and alarms.
Sounding almost like some of the more active Republican critics of Memphis crime in the legislature, Young released a statement including these words: “Together, let’s petition our judges and the DA for stronger, swifter sentencing for violent offenses. If you are part of the judicial system, hear my voice first. We need to work together to do better for our community.”
DA Steve Mulroy himself expressed anger that a $150,000 bond that he’d previously set for previous crimes committed by the youth suspected in the death of Officer McKinney had been somehow amended by a judicial commissioner to allow the youth back on the streets through his own recognizance.
And Shelby County Commissioner Mick Wright, a leading critic of the current crime wave, was warning, on behalf of his commission mates, “We are not finished. … You’re going to see some judges get exited stage left if I have anything to say about it.”
It was a definite irony that, scarcely a week after the MPD had announced the 100th homicide in Memphis this year, Young scheduled this week’s public celebration of his first 100 days in office at Mt. Vernon Baptist Church.
Perhaps the mayor will use that occasion to outline further his and the city council’s plan for a new nonprofit organization to reverse the crime trend.
• Former Shelby County Democratic chair Gabby Salinas, who in recent years ran two close races against established Republican office-holders, has a different situation on her hands this year.
She’s running for the state House District 96 seat being vacated by Democratic incumbent Dwayne Thompson. Not a Republican contestant in sight so far, but Salinas has four Democratic rivals — Eric Dunn, Telisa Franklin, Orrden Williams Jr., and David Winston. She remains the favorite.
• As mentioned in this space of late, Democrats are seriously contesting the state House District 97 seat now held by Republican John Gillespie. Mindful of the potential perils of procrastination, they brought out some heavy artillery last week.
At a fundraiser for party candidate Jesse Huseth at the home of attorney Robert Donati last week, an important attendee was 9th District U.S. Rep. Steve Cohen, the county’s senior Democratic office-holder, who formally bestowed his endorsement on Huseth and was critical of Gillespie for legislative actions intended to shift various aspects of law-enforcement authority from the city to the state.
Cohen noted that the 97th, which was redistricted by the legislature last year, would now seem to be tilted demographically to Democrats in this election year — “up three points for Huseth and up five points for Biden.”
As Huseth himself put it, the East Memphis-based district had lost “four solid-red precincts and picked up two light-blue precincts and two light-red precincts.”
The point of the redistricting, which was carried out by the General Assembly’s GOP supermajority, remains something of a mystery, although it is said that Gillespie signed off on it, thinking it gave him more potential access to‚ and opportunity to serve, the business community.
• No doubt emboldened by the local unpopularity of Governor Bill Lee’s school-voucher program, which was formally opposed by the Memphis-Shelby County School Board and by the boards of the six municipal school districts as well, Democrats are taking another crack at the state House District 83 seat held by Mark White, House education chair and a champion of vouchers.
At least one Democrat is: political newcomer Noah Nordstrom, an MSCS Spanish teacher.
Shelby County District Attorney General Steve Mulroy said his office ”strongly argued against lowering the bond” on Jaylen Lobley, a suspect who died in a police shoot-out Friday morning that also claimed the life of a police officer, ”citing the defendant’s danger to the community.”
The statement from Mulroy runs counter to growing anger online that lays the blame for Lobley’s release from a March crime at the feet of the DA’s office.
“This bond was granted by a Shelby County Judicial Commissioner following a hearing where our office strongly argued against lowering the bond, citing the defendant’s danger to the community. Despite our arguments, the commissioner approved the (release on recognizance) bond,” Mulroy said in a statement Friday afternoon. ”My office was actively prioritizing the Lobley case, identifying him as a high-risk offender and reviewing his file as part of our Project Safe Neighborhoods state-federal partnership.
“Even though Lobley was a first-time offender, his case had been accepted for federal prosecution. This is consistent with my firm belief, made a part of our “V11” violent crime initiative, that individuals found with stolen cars and guns, or found with Glock switches, can pose a danger and must be dealt with accordingly.”
Mulroy said once he heard of the shooting, he promptly called the Tennessee Bureau of Investigation to handle the case.
“I’m outraged and deeply saddened by Officer Joseph McKinney’s passing and extend my heartfelt condolences to his family, loved ones, and colleagues at MPD,” Mulroy said.
On Friday afternoon, Memphis Mayor Paul Young called for “tough love” in criminal sentencing.
“Together, let’s petition our judges and the DA for stronger, swifter sentencing for violent offenses,” he said in his weekly email address to citizens. “If you are part of the judicial system, hear my voice first. We need to work together to do better for our community.
“Enough is enough. We simply must do more to hold violent offenders accountable, even when they are teenagers. We must do more to protect our community — our entire community.
“We must demand tougher gun laws. We must demand sentencing that mirrors our love for our community. Sometimes, that love needs to be tough love.”
“Officer Joseph McKinney chose to wear the Memphis Police Department uniform. He chose to serve his city. On his behalf, and in honor of the choices made by every man and woman who wears the uniform, I ask you to join me in action. Let’s make certain that Officer Joseph McKinney’s brave choices stand for something greater.”
Tennessee Republicans cannot stand the federal government telling them what to do — especially when a Democrat’s in the White House — but they do love telling Tennessee’s biggest cities what to do.
Republicans cry “overreach,” in general, when the feds “impose” rules that “overrule the will of the people of Tennessee.” (All of those quoted words came from just one statement on abortion from Tennessee Attorney General Jonathan Skrmetti, who yells “overreach!” the loudest.) But they call it “preemption” when they do it to Memphis and Nashville — their favorite targets — leaving big-city locals to bemoan that same overreach.
When punching up at the federal government, Tennessee conservatives send angry letters to the president lamenting rules they have to follow to get big “seductive” tax dollars. But they don’t often win much in this process.
When they punch down at cities, the power struggle really comes down to rural conservatives exerting whatever influence they have to temper (squash) the sometimes “woke” ideas of urban progressives. They have a lot of power to do this, as state law does, usually, preempt local law.
So, Republicans do what they want in the Tennessee General Assembly and say, “See you in court,” because cities don’t typically give up their authority without a legal fist fight. (This happens so much state Democrats say Republicans pass lawsuits, not laws.)
But cities lose these fights often. Some of that is thanks to the powerful state AG’s office, who gets in the ring for state conservatives. That office has even more punching power with a brand-new $2.25 million, 10-member unit. It force-feeds conservative priorities in Tennessee cities and blocks D.C.’s liberal agenda.
Here’s an example of this double-edged subversion: Skrmetti, the Republican AG, cried “overreach” when a 2022 USDA rule said LGTBQ kids had to have access to lunch at school. But when Memphis and Nashville tried to decriminalize cannabis in 2016, a state Republican said, “You just can’t have cities creating their own criminal code, willy-nilly.”
Same coin. Two sides. Yes, state law rules most times, but the premise of the argument is the same. State citizens and city locals know what’s best for them and pick their leaders accordingly. Then, an outsider who, maybe, doesn’t share their values, swoops in to make locals comply with theirs. It’s like, “Hi, you don’t know me but you’re doing it wrong and are going to do it my way.”
In this game, Memphis has been on the ropes at the legislature this year. State Republicans want to take away some of the power from the Shelby County district attorney. They want to remove a Memphis City Council decision on when Memphis Police Department (MPD) officers make traffic stops. They also wanted to dilute local control of the Memphis-Shelby County School (MSCS) board with members appointed by the governor. But they decided against it. Details on many of these and some from the past are below.
Meanwhile, some Republican lawmakers have looked up, wondering if they could really cut ties with the federal government. They took a serious, hard look at giving up $1 billion in federal education funding for state schools. They wanted to do it “the Tennessee way.” Left to guess what that meant, many concluded they hoped to eschew national discrimination protections for LGBTQ students.
This year, a state Republican hopes to establish state sovereignty. He wants to draw a clear line between state and fed powers and to install a committee to watch that line. It’s not a new idea, but it’s always had “don’t tread on me” vibes.
The road from Memphis City Hall, to the State Capitol, to Congress and the White House is littered with complaints (usually court papers) about political subversion. All the hollering and legal fights along the way have to leave voters wondering, who’s got the power?
Steve Mulroy (Photo: Steve Mulroy | Facebook)
District Attorney Power Battle
A legal battle over who has the power to decide on some death penalty cases has been waged since Republicans passed a bill here last year.
That bill stripped local control of post-conviction proceedings from local district attorneys and gave it to Skrmetti, the state AG. In Memphis, the bill seemed largely aimed at Shelby County District Attorney Steve Mulroy, with some concerned he may be lenient for those facing the death penalty.
“This sudden move appears to be a response to the choices of voters in both Davidson County and Shelby County, who elected prosecutors to support more restorative and less punitive policies,” Tennesseans for Alternatives to the Death Penalty said at the time.
Larry McKay, who received two death sentences for the murders of two store clerks in Shelby County in 1981, requested a court review of previously unexamined evidence in his case. Despite the new law, McKay’s attorney sought to disqualify Skremtti’s office from reviewing the case because he was not elected.
His attorney argued the new law infringes on the responsibilities of local district attorneys. The big changes made in the legislation also violated the state constitution, the attorney said.
Mulroy agreed.
“The newly enacted statute is an unconstitutional effort to divest and diminish the authority granted to Tennessee’s district attorneys general by the Tennessee Constitution,” Mulroy said at the time. “The new statute violates the voting rights of such voters because it strips material discretion from district attorneys, who are elected by the qualified voters of the judicial district.”
But state attorneys did not agree.
“The General Assembly was entitled to take that statuary power away from the district attorneys and give it to the Attorney General in capital cases,” reads the court document. “They have done just that and their mandate must be followed.”
But in July Shelby County Judge Paula Skahan ruled the Republican legislation did violate the state constitution. New arguments on the case were heard by the Tennessee Criminal Court of Appeals earlier this month. No ruling was issued as of press time. However, an appeal of that ruling seems inevitable, likely pushing the case to the Tennessee Supreme Court.
Pretextual Stops
State Republicans are actively trying to undermine a unanimous decision of the Memphis City Council to stop police from pulling over motorists for minor things like a broken taillight, a loose bumper, and more.
This council move came three months after MPD officers beat and killed Tyre Nichols, who was stopped for a minor traffic infraction. The local law is called the Driving Equality Act in Honor of Tyre Nichols.
Council members said police time could be better spent, that the stops expose more people to the criminal justice system, and, as in the Nichols’ case, could be dangerous. The stops also disproportionately affect Black people, who make up about 64 percent of Memphis’ population but receive 74 percent of its traffic tickets, according to Decarcerate Memphis.
The council’s decision made national headlines. But it found no favor with Republican lawmakers.
Rep. John Gillespie (R-Bartlett) introduced a controversial bill this year that would end that practice and reestablish state control over local decisions on criminal justice.
“We’re simply saying a state law that’s been on the books for decades is what we’re going by here,” Gillespie told Tennessee Lookout earlier this month. “And if there are people that have problems with what state law is, then maybe they should change state law instead of enacting local ordinances that are in conflict with state law.”
He initially cooled on the matter, promising to pause his bill for further review after Nichols’ parents spoke at a press conference.
“I am just appalled by what Republicans are trying to do in this state,” Nichols’ father, Rodney Wells, said at the event.
Gillespie promised Nichols’ family he’d hold the bill but surprised many earlier this month when he brought it to the House floor for a vote, which it won. Some said Gillespie acted in bad faith. State Rep. Justin Pearson (D-Memphis) said he straight-up lied to Nichols’ family and subverted local power to boot.
“You, as a person who lives in Shelby County, seek to undo the will of the people of Memphis and Shelby County,” Pearson said on the House floor. “The Wells family spoke with him briefly; he told them this bill wouldn’t come up until probably next Thursday.”
The Senate approved the bill last Thursday. It now heads to Gov. Lee for signature.
Six school board members for Memphis-Shelby County Schools met with three state lawmakers representing Memphis on Feb. 14, 2024, at the state Capitol. Their agenda included pending legislation from Rep. Mark White and Sen. Brent Taylor, both Republicans, to authorize Gov. Bill Lee to appoint additional members to the board. (Photo: Courtesy Memphis-Shelby County Schools | Chalkbeat)
MSCS School Board
State Republicans want to control schools here, too.
Rep. Mark White (R-Memphis), chair of the House Education Committee, filed a bill earlier this year that would add six governor-appointed members (read: more Republican influence) to the MSCS board. When he filed the legislation, he said he was unimpressed with the slate of those vying for the district’s superintendent job and concerned about students falling behind state standards on reading and math.
“I’m very concerned about the district’s direction, and I just can’t sit back any longer,” White told Chalkbeat Tennessee. “I think we’re at a critical juncture.”
However, MSCS board chair Althea Greene said at the time that White’s proposal was unnecessary.
“We may have had some challenges, but more interference from the General Assembly is not warranted at this time,” she said. “We have to stop experimenting with our children.”
Since then, the MSCS board chose Marie Feagins as the district’s superintendent and she got to work early, before her contract was supposed to start. Also, White paused his bill earlier this month to give board members a chance to submit an improvement plan. White said the plan should show how they’ll improve on literacy, truancy, graduation rates, teacher recruitment, underutilized school buildings, and a backlog of building maintenance needs, among other things, according to Chalkbeat.
While it’s the newest move in state “overreach” into schools here, it’s hardly the first. State Republicans once seized dozens of schools in Memphis and Nashville as laboratories for what they called “Achievement School Districts.” After more than a decade, these schools only angered locals, showed abysmal student performance, and now seem to be on their way out.
Cannabis
For six weeks back in 2016, Memphis City Council members debated a move that would have decriminalized possession of small amounts of cannabis in the city.
Hundreds were (and are) arrested each year on simple possession charges, and most of those arrested were (and are) Black. Council members didn’t want cannabis legalization; they wanted to steer folks away from the criminal justice system. They hoped to keep them out of jail and avoid a criminal record, which could hurt their chances at housing, employment, and more.
The city council — even though some had reservations about it — said yes to this. So did the Nashville Metropolitan Council. State Republicans said no.
Upon their return to the Capitol in 2017, they got to work ensuring their control over local decisions on the matter. A bill to strip this control easily won support in the legislature and was signed by then-Gov. Bill Haslam, who said he acted on the will of state lawmakers.
“You just can’t have cities creating their own criminal code, willy-nilly,” Rep. William Lamberth (R-Cottontown), the bill’s House sponsor, told The Tennessean at the time.
Then-Tennessee Attorney General Herbert Slatery issued an opinion that said, basically, cities can’t make laws that preempt state law. With that, Memphis resumed regular enforcement of cannabis laws.
Ranked Choice Voting
In two elections — 2008 and 2018 — Memphians chose how they wanted to pick their politicians, but they never got a chance to use it. State Republicans said no.
Ranked Choice Voting (RCV) would have allowed voters here to rank candidates on a ballot, doing away with the need for run-off elections that always see lower voter turnout. It was new and different but voters here “decided, over and over again, to give it a try,” reads a Commercial Appeal op-ed from 2022 by Mark Luttrell, former Shelby County mayor, and Erika Sugarmon, now a Shelby County commissioner.
However, state Republicans then-Sen. Brian Kelsey (R-Germantown) and Rep. Nathan Vaughan (R-Collierville) filed a bill to upend the voters’ decision for good with a bill to end RCV in Tennessee. Kelsey said it was about voter clarity. Opponents said it was about more.
“If the bill passes, it will disrespect Memphis voters, make a mockery of local control,” Luttrell and Sugarmon said in the op-ed.
In the end, the state won. The bill passed and RCV was banned, with added support and sponsorship of Memphis Democrats Rep. Joe Towns Jr. and the late Rep. Barbara Cooper.
State Sovereignty
“So, you hoe in your little garden and stay out of our garden,” said Rep. Bud Hulsey (R-Kingsport).
He was explaining to the House Public Service Committee last year how the country’s founders designed the separation of powers between the state and the federal governments, how it was supposed to work, anyway.
But federal government agencies — not elected officials — issue rules pushed on to “we, the people,” he said. They tear families apart. They split marriages. They end lifelong friendships, he said. They bring bankruptcy and suicide. He gave no more details than that. But he was sick of it and said the bill he brought would fix it.
When some Republicans here aren’t busy in committee or court, rending control from local governments, they like to think about state sovereignty. They want to defend Tennessee from the feds, especially when a Democrat is in the White House. They want to know what the exact rules are and to tell D.C. “don’t tread on me.”
Since at least 1995, bills like these have been filed here and there in the state legislature. There’s a new one pending now. In them, “sovereignty” sometimes sounds like a preamble to “secession.”
Hulsey’s bill didn’t go that far. He really wanted to set out a way to nullify D.C. rules he didn’t like. Lee’s office was against it, though. Senate Republicans were, too. The idea failed to even get a review in the Republican-packed Senate State and Local Government Committee. Conservatives worried “nullification” could also nullify big federal tax dollars.
That 1995 bill demanded, “The federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers.” Another Republican sovereignty bill later would have voided the powers of any representative of the United Nations once they entered the state.
One in 2014 (that was signed by the governor) simply expressed the state’s sovereignty to set educational standards. A 2016 bill said the feds “seduce” states to go along with their new rules with federal funds they treat as grants, not as tax funds for the state. Another in 2013 would have formed a committee to see what financial and legal troubles could be in store for Tennessee if it scaled back or quit the “state’s participation in the various federal programs.”
Ten years later, this idea is back. The “Tennessee State Sovereignty Act of 2024” would form a 10-person committee to watch and see if any federal rule violates the Tennessee State Constitution. If it does, “it is the duty of both the residents of this state and the General Assembly to resist.”
Now, if that don’t say “don’t tread on me” …
In the Senate, the bill was deferred until near the end of session (usually meaning they’ll get to it if they can). A House review of the idea was slated for this week, after press time.
Education Funding
Sovereignty bills rarely go anywhere but in talking points for reelection campaigns.
However, last year high-ranking Republicans took state sovereignty a step beyond rattling a saber. They announced a bold plan to have a serious look at if and how Tennessee could cut ties with the feds and their $1 billion in education funding. If it did, Tennessee would have been the first state in history to decline such funds.
“We as a state can lead the nation once again in telling the federal government that they can keep their money and we’ll just do things the Tennessee way,” House Speaker Rep. Cameron Sexton said at an event in February last year.
He didn’t outline what the “Tennessee way” entailed, though he complained about testing mandates and strings attached to funding. Many said the big federal string Republicans wanted to cut was the one attached to Title IX mandates. Title IX prohibits discrimination based on sex in education programs and activities that get federal money. The Biden administration has promised an update to these that could strengthen protections for LGTBQ students.
Tennessee has passed more anti-LGBTQ laws than any other state, according to the Human Rights Campaign. The week of March 4th alone, 18 such bills were before state lawmakers and targeted diversity, equity, and inclusion programs; made it easier to ban books; and attempted to legalize discrimination based on sexual orientation or gender identity.
State Republicans have passed bills to mandate transgender students only play on sports teams that match their gender at birth. They have mandated which bathrooms trans people have to use (a decision struck down by a federal judge). They’ve allowed teachers to go unpunished if they refuse to use pronouns that students identify with. They’ve wanted certain books with LGBTQ themes banned at school. They’ve wanted LGBTQ, especially gender identity, issues banned from discussion in sex-ed classes. This list goes on and on.
However, the precise motive for looking into cutting those federal education dollars was never stated. Some said it was always good to review the relationship between nation and state. In the end, Republicans spent a lot of time and money to research the idea but set it aside. They took the federal money and the strings attached anyway. But taking it so seriously was maybe that “don’t tread on me snake” just shaking its rattle.
“Deep in my Soul”
Separation of powers is a doubled-edge sword. It’s that cartoon drawing of a big fish eating a small fish that is getting eaten by the even bigger fish. It’s a “layer cake” form of federalism.
Call it what you will, but it’s clear locals want to make their own decisions. For Hulsey, the Republican talking about who tends whose garden, the idea runs deep.
“I stood up on that House floor over there a few weeks ago and we raised our hand, and we swore to 7 million people in this state, we swore not that we would rake in all the federal money we could get,” Hulsey told committee members. “We swore that we would always defend the inalienable rights of Tennessee people by defending and upholding the Constitution of the United States and the constitution of the state of Tennessee.
“We should not be for sale. I want to tell you that deep in my soul, I have a conviction that is deep-seated. I believe that if state legislatures in this country do not stand up and hold the federal government to obey the Constitution of the United States, we could very easily lose this republic.”
As various MAGA spokespersons made clear, the partisans of former president Donald Trump have nursed dark suspicions that the highly public romance between songstress Taylor Swift and Kansas City Chiefs tight end Travis Kelce is but a cover for coming propaganda in favor of Democratic president Joe Biden, whom Swift is reliably known to favor.
Those conspiracy-mongers should have been at a local Super Bowl party hosted by Criminal Court clerk aide Barry Ford, a Democrat, and attended by several other prominent Democrats, including DA Steve Mulroy, Shelby County diversity official Shep Wilbun (a veritable encyclopedia of NFL history), and state Representative Joe Towns.
Ford, a diehard fan of the San Francisco 49ers, had decked out his house with 49er paraphernalia and, joined by several others present, arguably a majority, made his 49er partisanship obvious.
Alternatingly, he kept up a running lament that Biden, whom he enthusiastically supports, hasn’t been making enough public appearances to maximize his reelection chances.
For Ford, anyhow, what Biden does clearly loomed larger than whether Swift and Kelce say “I do” or don’t.
And, like most Americans, he has no trouble keeping his politics and his sports fandom separate.
Perhaps, too, those concerned Trump partisans should just have some patience. Taylor Swift’s song litany largely consists of spirited “gotcha last” rebukes of her erstwhile and subsequently discarded boyfriends.
• Meanwhile, two matters dealt with in this space last week drew clarifying responses. First was a pair of statements from City Hall regarding our disclosure of prospects that Memphis native Maura Black Sullivan might be in line to become the city’s chief operating officer. (These responses arrived in time to be posted in the online version of our report but not in time for the print edition.)
“I can confirm that we had early talks with Maura Sullivan about a different position with the Young administration, not the COO/CAO position. We have a strong leader currently acting in the COO role who has my full faith and confidence.” — Mayor Paul Young
“The role we initially discussed was a high level position on the Mayor’s cabinet. And while talks about that position haven’t continued, we do have an ongoing dialogue with her and many others who we consider allies in the work of creating a stronger Memphis.” — Chief Communications Officer Penelope Huston.
One is left to wonder: What other “high level” position has been the subject of discussions with Sullivan, who is currently employed as COO of Metro Nashville Public Schools and who had previously served as COO for Chattanooga Mayor Andy Berke and, before that, as deputy COO for former Memphis Mayor AC Wharton?
But so be it. It is certainly to be hoped that Mayor Young, who has had his problems so far squaring things with the city council, ultimately succeeds in getting the staff he wants.
• Also in our mailbag this week is the following clarifying statement from DA Steve Mulroy concerning the County Commission’s passage, reported here last week, of a measure desired by the DA that equalizes the pay scale for county and state employees on his staff.
“I’m a state employee, so I’ve always been at the top. So parity was never a concern for me.
“Using county dollars, the county gave a salary supplement to supervisors of all stripes, even state employees who were supervisors. I took those supplements away from the state supervisors, on the rationale that county money shouldn’t be going to state employees who were already getting paid way more than comparably experienced county counterparts.
“Out of fairness, I included myself in that, and took away my county-funded supplement, forswearing all county funds, and relying only on my state salary.
“A TV reporter the other day asked me if I was going to restore that supplement to myself, now that the County Commission has acted. I said, no, my pay cut stands.”
Maura Black Sullivan (Photo: Courtesy Maura Black Sullivan)
The Memphis Flyer has confirmed that Mayor Paul Young and a veteran public official now serving in Nashville are in continuing conversations about her possible employment here. This would be Maura Black Sullivan, a native Memphian who now holds the position of chief operating officer of Nashville Public Schools.
Sullivan, who previously served as COO for former Memphis Mayor AC Wharton and later for former Chattanooga Mayor Andy Berke, confirmed that conversations with Young are ongoing for the position of his chief administrative officer.
On Tuesday of this week, the city council was prepared to deal with some unfinished business — including a controversial healthcare allowance for council members of two terms’ service or more, and a decision on yet another mayoral appointment — this one of public works director Robert Knecht.
A vote on Knecht, whom Mayor Paul Young submitted for renomination week before last, was deferred after council chairman JB Smiley publicly criticized Knecht for “attitude” issues and asked for the deferral.
Several of Young’s cabinet choices were viewed negatively by Smiley and other council members — notably Police Chief CJ Davis, whose reappointment the council narrowly rejected via a 7-6 vote. (She was later given an interim appointment by Young, pending a later reexamination by the council.)
Another issue with several council members has been unease at the mayor’s inability so far to complete his team with credentialed new appointees in other positions. He has not yet named permanent appointees for the key positions of chief operating officer and chief financial officer, for example.
That circumstance could change soon. Sullivan is frank to say that she has not been in a job search, enjoys her present circumstances in Nashville, and has made no decision to leave them, but acknowledges that a possible return to Memphis would be attractive as well.
Sullivan is the daughter of the late Dave Black, a featured radio broadcaster of many years in Memphis, and the late Kay Pittman Black, who was a well-known journalist and government employee here.
• With Governor Bill Lee’s appointment this week of Mary L. Wagner to the Tennessee Supreme Court, the state’s high court continues with an unmistakably red hue politically.
As a judicial candidate in her two elections as a Circuit Court judge in Shelby County, Wagner campaigned without ideological inflection and enjoyed relatively diverse support, and there was no hint of political bias in her judgments. But her background was that of a Republican activist, and she both was a member of the right-leaning Federalist Society and served a term as chair of the Shelby County Republican Party.
In appointing Wagner, Lee said, “Her understanding and respect for the rule of law and commitment to the conservative principles of judicial restraint make her well-suited for the state’s highest court, and I am proud to appoint her to this position.”
Technically, Wagner is a justice-designate. The justice she was named to succeed, Roger Page,will keep his position for some months.
• District Attorney Steve Mulroy was in a celebratory mood last Monday evening after the Shelby County Commission voted unanimously — except for three abstentions — to pass an ordinance imposing guidelines ensuring that all members of his office, whether their technical employment is by the county or by the state, are paid according to the same pay scale.
As a county official, Mulroy had recently trimmed his own pay according to the lower county rate. He has now restored the voluntary pay cut.
Update: After our print deadline, Mayor Young clarified to the Flyer: “I can confirm that we had early talks with Maura Sullivan about a different position with the Young administration, not the COO/CAO position. We have a strong leader currently acting in the COO role who has my full faith and confidence.”
The mayor’s spokesperson/CCO, Penelope Huston, added: “The role we initially discussed was a high level position on the Mayor’s cabinet. And while talks about that position haven’t continued, we do have an ongoing dialogue with her and many others who we consider allies in the work of creating a stronger Memphis.”
Steve Mulroy (Photo: Shelby County District Attorney)
Unsurprisingly, Paul Young evoked two parallel concepts in his inaugural address as mayor. He spoke of the specter of crime and its continuing threat to the community. And he spoke of that community’s crying need for a restoration of unity. More surprisingly, he rooted that unity in a memory of an almost forgotten Memphis, of a city that once was officially celebrated not only as one of the nation’s safest places but, formally, several times, as the nation’s cleanest city.
“We all feel it, the city feels like it is in a crisis. The chaos has taken a toll on our collective psyche; it threatens to derail all of the progress of what Memphis can be, we are Memphis, and the future depends on what we do right now. … Together, we can make history, we can make America’s largest majority minority city … America’s safest city. We can make that America’s cleanest city, we can make that America’s city with the fastest growing economy … it’s not going to happen tomorrow, but it will happen.”
And this is a man who asked us to remember that he entered the mainstream of life as an engineering student, who converted that aspect of his being into a knack for social and civic engineering, and who has spent many of his professional years in city and county jobs that called for the re-engineering of housing and neighborhoods — and, indeed, of urban attitudes.
Let us hope that he is thereby ideally equipped to help us remake ourselves as a people.
Another member of what we might consider a new breed of public officials is District Attorney General Steve Mulroy. The DA, too, in a year-end piece written for Tom Jones’ Smart City blog, took note of the times:
“2023 was a challenging year for us. At year’s beginning, we became global news with the Tyre Nichols tragedy. Though nothing can undo the trauma of that event, we can derive some consolation from the fact that we — all of us — handled the case swiftly, fairly, transparently, and peacefully. Memphis didn’t burn, and neither did any of the other major cities with large protests following the release of the video.
“I’m praying that we learn some lessons about reform from this tragedy. We’re generally not good at nuance, but we need to understand both that the vast majority of police are persons of good faith, and also that there are issues of culture and process crying out for systemic reform. The crime issue has eclipsed this issue in the minds of many, but we can’t forget that Tyre Nichols isn’t an isolated incident. The problem isn’t fixed, and there’s work still to do.”
The DA expressed hope “that local leaders stop pointing fingers and start joining hands to make us safer … that our public discourse stops obsessing on sentence lengths and bail amounts (which will not make us safer) and instead focuses on how to increase our crime solve rate and our recidivism rate (which will).”
At his annual holiday gathering last year, an event which attracts people of many different minds, Mulroy at evening’s end presented, instead of his accustomed finishing limerick, a song, one which addressed the community’s prevailing air of controversy and divide. To the tune of “Let It Snow! Let It Snow! Let It Snow!” his verses ended with the refrain of “Let it go, let it go, let it go.”
One of the attendees at that party was Mulroy’s longtime friend Brian Stephens, founder and president of the public strategy group Caissa Public Strategy, well-known for espousing the hopes of conservative-minded groups and political candidates.
Asked about the gap between his own political views and those of his liberal host, Stephens texted back: “Lots of people trying to do their best. Different approaches. Different ways. But it’s all the same goal. Steve is a good man. I hope he feels the same for me.”
And that’s yet another way of saying unity, isn’t it?
As many readers may know, there is an ongoing cold-turning-hot war between Republican state Senator Brent Taylor and Shelby County DA Steve Mulroy over various matters of crime control.
Taylor has aimed several initiatives, rhetorical and otherwise, in Mulroy’s direction of late. Representing himself as a zealous advocate of strict law enforcement — a proponent of “aggressive” approaches as against “progressive” ones — Taylor has complained to the media and to Governor Bill Lee and other state officials and agencies, including the State Board of Professional Responsibility, that the Democratic DA has allowed the Memphis crime rate to skyrocket by undue emphasis on restorative justice concepts at the expense of law enforcement per se.
A fresh quote volunteered by the senator via text: “I am not trying to prove whose dick is bigger. But I am trying to show that more voters aligned themselves with my position of aggressive prosecutions.”
Whereupon he cited vote totals from his successful 2022 senate race versus his Democratic opponent — apparently unaware that his victory margin in that district race depended on fewer votes overall than were achieved by Mulroy in his defeat of Republican Amy Weirich in the DA’s race.
Similarly, the senator’s case against Mulroy on the law enforcement score is, to say the least, debatable. As is ever the case, some crime statistics are up; others are down. The senator acknowledges that the DA’s recently launched campaign against gang-led “smash-and-grab” assaults on local businesses has achieved some results. “We just need more arrests,” he says grudgingly.
Current points of contention between the two include the matter of bail-bond policy, which Taylor considers too lax, though current bail policy was arrived at jointly by Mulroy and Weirich, his Republican predecessor. Taylor also professes to be steamed by what he calls “collusion” between Mulroy and Criminal Court Judge Paula Skahan in a pair of cases involving the reduction or elimination of sentences imposed on defendants. The senator vows to impose correctives in the forthcoming session of the General Assembly, one of which involves expediting the transfer of juveniles charged with capital crimes to Criminal Court.
Interestingly, in the several months before Taylor and Mulroy acquired their current offices, they had enjoyed a warm, and even cozy, degree of collaboration with each other.
That was in the period of 2021-22 when Taylor, who was already eyeing a district Senate seat that was about to slip out from under the legally vulnerable GOP incumbent Brian Kelsey, was head of the Shelby County Election Commission (dominated 3-2 by Republicans though ostensibly neutral). Mulroy, an activist Democrat par excellence, was pursuing one of his favorite causes, that of local voting via paper ballots.
On several occasions, Taylor, whose party members tended (at that time, anyhow) not to favor that idea, nevertheless exercised what Mulroy considered exemplary fairness in presiding over discussions, in matters of scheduling, and in his parliamentary decisions. In the process, the two of them, quite simply, became buds.
At the moment, that relationship seems fractured — broken on the shoals of partisan differences, political ambition, and state-vs.-local considerations.
One of the former Memphis Police Department (MPD) officers indicted in the January beating death of Tyre Nichols agreed to plead guilty in state court, according to Shelby County District Attorney Steve Mulroy.
Desmond Mills is one of five former officers charged in Nichols’ death. He pled guilty to the charges Thursday morning after pleading not guilty in September.
“As part of the global settlement reached between Mills, the DA’s office, and the U.S. Attorney’s Office, Mills agreed to plead guilty to federal charges of excessive force and obstruction of justice, as well as related state charges related to Nichols’ death,” reads a statement from Mulroy’s office. “He also agreed to cooperate fully and truthfully with both the state and federal investigations, including civil rights investigations by the U.S. Justice Department.”
With this, state and federal prosecutors have recommended a 15-year sentence for Desmond. Though, the final decision will be made by U.S. District Judge Mark Norris. Any time Desmond serves will be in a federal prison.
Mulroy said his office consulted with Nichols’ family, “who support the above agreement.”
“I join Tyre’s family in saying this is a fair result, given Mr. Mills’ level of involvement, and his willingness to cooperate with us,” said Mulroy. “His cooperation will help us bring to justice all those criminally responsible while also identifying needs for systemic reform within the police department.”
Attorneys for the Nichols family, Ben Crump and Antonio Romanucci, released a statement Thursday morning.
“Desmond Mills’ plea today is entirely consistent with our allegations in the civil lawsuit against the city of Memphis,” the said in a statement. “We stand strong in our belief that these officers, including Mills, acted at the direction of a policy that not only violated civil rights of innocent civilians but which caused needless pain to many.
“The MPD and its SCORPION unit directed, trained, and encouraged officers like Mills to commit baseless and horrific acts of violence against innocent individuals like Tyre Nichols. We vigorously restate our assertion that those policies were behind what ultimately caused Mills and four other Scorpion officers to kill Tyre Nichols.
“Mills was not an individual actor, and as our civil suit continues to unfold, that will become even more apparent.”
