Thursday, February 21, 2008

Jim Hood: Liar

This is what our esteemed Attorney General told WLBT:
"There's no statutory authority for any kind of special prosecutor," he says. "We don't need it, the Federal Government is doing a fine job, I'm satisfied with the job they're doing. The FBI has all the assets in the world, they have the tools like wiretapping ability that we are asking for here." http://www.wlbt.com/Global/story.asp?S=7901449

Is that so Mr. Hood? Let us see what Section 7-5-7 of the Mississippi Code of 1972 has to say about this matter:
The governor may engage counsel to assist the attorney general in cases to which the state is a party when, in his opinion, the interest of the state requires it, subject to the action of the legislature in providing compensation for such services.
The attorney general is hereby authorized and empowered to appoint and employ special counsel, on a fee or salary basis, to assist the attorney general in the preparation for, prosecution, or defense of any litigation in the state or federal courts or before any federal commission or agency in which the state is a party or has an interest. ..."
http://www.mscode.com/free/statutes/07/005/0007.htm

The law gives Mr. Hood the authority to appoint a special counsel to investigate his so-called friends that are like family. For Mr. Hood to claim he can't prosecute or investigate them because the law gives him no authority to do so is a bald-faced lie. The Mississippi Supreme Court affirmed this authority in ruling "There is no limit on Attorney General's ability to appoint a special prosecutor." Jordan v. State (Miss. 2001) 786 So.2d 987,

Mr. Hood is free to establish the parameters of the investigation and issue guidelines governing contact between him and a special prosecutor in regards to an investigation. The Legislature and Supreme Court are quite clear on this issue as they gave his office the tools it needs to prosecute sensitive or controversial cases.

Mr. Hood is running out of excuses as he refuses to investigate his "family". Mr. Hood is not ignorant of the law as he has ironically used this same statute to employ Balducci and Langston in the MCI case. It is quite clear that Mr. Hood was lying when he told WLBT he had no "statutory authority" to appoint a special prosecutor.

15 comments:

Anonymous said...

Ooof......that left a mark. Checkmate....Kingfish!

Catfish said...

C'mon Kingfish, you can't actually expect the Attorney General for the State of Mississippi to READ the Mississippi Code!! This is the problem with Hood, he shoots his mouth off without knowing the facts or the law. If you want to be a populist politician, run for another office - we don't need you as AG. Hood is a mullet-wearing idiot, and he's proving it every time he opens his mouth in an interview.

Anonymous said...

Conway Twitty Hood does it again.

Tom Head said...

Okay, you nailed him on this one.

oppressed101 said...

I wonder if it’s a special prosecutor that’s needed or is it a special persecutor that’s desired? I believe special persecutors have different motives?

Kingfish said...

are you saying Scruggs is a victim?

Kingfish said...

Adam Lynch shows he is a liar as well.

Rico Suave said...

Obviously King the Jackson Free Press doesn't do any actual research any longer. Ladd doesn't have the ponies and has sacrificed quality for quantity.

Kingfish said...

How much research do you need to add 2 plus 2? We are talking about simple math as in there are more Democrats than Republicans.

All I did for this story was read the damn code. Its free online. And I got a set from 94 for $50 bucks last year at Choctaw books that missed a only a couple of volumes. And I've used it quite a bit, believe me. If someone says "the law says" my first impulse is to go look it up.

Difference between me and his boss is I don't censor. If she writes something good, I'll say so over here and post it if its relevant. no websites are avoided over here. What matters is the merit of the article itself. Over there, well, you will never see a story from here mentioned regardless of how good it is, same thing with other sites as well. I treat everyone the same. Yes, I posted their tax info. Guess what? I posted Melton's today. Big deal.

Anonymous said...

With due respect Kingfish, you are off base. The law allows the appointment of a special AG over whom the AG must retain supervision and control. The law does not allow for the appointment of a "special prosecutor" as allowed under federal law. The special prosecutors in our state system are district attorneys.

Kingfish said...

The law does not limit the matters that the AG can appoint a special counsel to investigate. This means he can investigate any issue that falls under the AG's normal jurisdiction.

I strongly disagree with your saying what the law does not allow. The Jordan case says there is "NO LIMIT" on his ability to appoint a special prosecutor. Given the intent of the legislature to give the AG a tool he can use for investigations where the AG is potentially compromised.

The statute does not say that he appoints a district attorney. It is no different than the MCI case and others that Hood and Mike Moore farmed out to this little group for pursueing state litigation.

The law says it can be for the prosecution of ANY litigation. That means civil OR criminal.

You are the one that is way off base and I defy you to point out in the law, statutory or case law, that says otherwise.

oppressed101 said...

Negative, I wasn’t saying he is a victim I was simply inserting my feelings on being persecuted that I have experienced personally at the hands of corrupt lawyers.

Kingfish said...

gotcha.

T. Frank said...

Kingfish:

Your analysis is faulty in several respects:

1) You mistake a "special prosecutor" with a "special assistant attorney general." A special prosecutor, in the Ken Starr-like sense, is a prosecutor who has exclusive control and direction over the prosecution and does not report to the AG. Federal law has a specific provision for this. Miss. Code Ann. 7-5-5 and 7-5-7 describe special assistant attorneys general. The AG maintains control and direction over these outside counsel and the litigation in which they are involved - note that the statutes describe the role as one who may "assist" the AG. The MCI attorneys fall within the latter category. Mississippi law has no provision for a special prosecutor in the sense that it makes no allowance for a prosecutor to be appointed by the AG over whom the AG has no control or direction.

2) The very case you cite, Jordan v. State, illustrates the importance of the control aspect. The issue at hand in that case was whether reversible error was committed because of the AGs involvement in a case in which he had certain personal connections. The Supreme Court found that the AGs involvement was not reversible error because the local DA maintained control and direction over the case.

Kingfish, under Mississippi state law, the local DA is a "special prosecutor" in the sense that he or she may operate outside the control or direction of the AG. No SAAG appointed pursuant to 7-5-5or 7-5-7 may do so.

3) Now, review what Hood has stated in light of the very law you cite: He has stated that the local DA can prosecute and that he would provide the assistance of his office to the local DA. He has said that the local DA would maintain control over the prosecution, should the local DA choose to prosecute. This falls exactly within the parameters of Jordan.

Kingfish said...

I am walking out the door but I WILL reply to this comment in much detail later today as Mr. Frank is wrong on several counts as I will show.

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

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