Attorney General Jim Hood apparently can't stand any competition. He issued this press release last week:
Attorney General Jim Hood issued the following statement today after the House Judiciary-A Committee’s vote in favor of HB 944, sponsored by the committee's chairman, which would grant the state auditor unprecedented authority to request wiretaps, investigate certain cases, hire outside counsel and impanel grand juries.
“The bill sponsored by the chairman of House Judiciary-A is nothing more than petty partisan politics. My staff never had the opportunity to testify in committee against a proposal that may circumvent state law and violate the separation of powers.
“For the nearly 200 years of our state’s existence, the Attorney General has served as the state’s chief legal officer. While serving in that role, I have repeatedly requested that the Legislature grant my office wiretap authority, only to see those bills die session after session. Now, in this brazen political stunt, this bill takes identical language from my draft legislation and gives that authority to the auditor, who has no experience as a prosecutor and is not permitted by state law and court rule to attend grand jury proceedings.
“It is my hope that the full House will reject this bill and will see the proposal for what it is: Politicians playing partisan games with the people’s money and time.”
Well, perhaps Mr. Hood should try doing his job. The running joke over at the offices of the Auditor and the Secretary of State is that criminal referrals disappear into a black hole once they make it to the Sillers Building. if anything, the bill does not go far enough as the Securities Division of the Secretary of State should be given prosecution powers as well. The Steadivest case was referred to the AG's office where it just.... disappeared.
The State Auditor can refer a case to a District Attorney or the Attorney General for prosecution. The current State Auditor has referred over a dozen cases to District Attorneys for criminal prosecution that just sit there.... collecting dust. Kind of like Cliff Torrence's file in Judge Breland's courtroom.
Mississippi is the most corrupt state in the nation. If anything, we need more prosecutors, not less. Mr. Hood comes off as a partisan who is upset that he won't be able to control investigations any longer. That, however, is a good thing.
Didn't Ray Mabus have prosecution powers as State Auditor? If so, how come the Democrats don't talk about restoring such powers?
14 comments:
The Securities Division definitely needs law enforcement powers. We're behind there.
spreading enforcement power among agencies that don't have qualified investigators is a mistake. legislation requiring the AG to investigate information supplied by other agencies will suffice. this is simply an end run by republicans since they can't defeat hood in an election and probably never will. btw, I'm a retired republican prosecutor...
this is simply an end run by republicans since they can't defeat hood in an election and probably never will.
Don't matter. Super majorities in both bodies and a Republican Governor. EXACTLY the same thing the Nat'l Party says they need to get ANYTHING done.
btw, I'm a retired republican prosecutor...
Needless Appeal to Authority. FALLACY.
Did our 'chief legal officer' really say this would defy "separation of powers"? Isn't the AG part of the Executive Branch? Isn't the Auditor part of the Executive Branch? How does he figure this would violate separation of powers? Maybe he wasn't referring to the term as used in constitutional language. Maybe he means that is would separate HIS power to protect HIS buddies, like he has been doing for years and allow others to prosecute those that he has tried to keep separate from the courtroom and hoosegow
yet having hearing officer and prosecutor from AG's office is fine. ;-)
When he was auditor, I met with Phil Bryant and provided ample documentation of malfeasance concerning a public board in the Delta that was controlled by Benny. This particular board has taxing authority which is the only reason Benny made sure he controlled it. Bryant agreed that there was plenty of evidence to initiate an investigation but as long as Hood was in office this evidence would go nowhere.
The AG made a good point, the Auditor by rule of court and MS Law cannot attend a Grand Jury. The AG also said something stupid, "separations of powers" both the AG and the auditor are in the executive branch. As far as cases being deferred to the AGO and DA's across the state and nothing happening, consider this, the Auditor may be deferring crap to the AGO and DA's. Just maybe the Auditor doesn't know what a prosecutable crime is or isn't. I don't want the either one of them to have wiretap authority!
Weird. Our attorney general can't use wiretaps??
It is the good old boy system of government. Elected officials take care of their own. Also, if they prosecute an elected official, then they are scared it will cost them politically due to upsetting the elected official, his peers and cronies. I have presented evidence of public official theft on several occasions and it has gone nowhere.
No one cares if politicians are crooked. They keep electing them anyway. Some are even more respected because of their crimes.
We have a problem with people with low morals voting in the same type person.
8:09 - don't you understand. The "rule of law" is set by 'law'. With this 'law' change, the Auditor could do just those things that you point out correctly he can't do - NOW! With a change, he could then do them.
I personally have handed the AG's office a proverbial smoking of judicial corruption. The information was all given to Jerry Spell, an investigator with the office. His comment was that all of the information had to go to "the lawyers" and THEY would decide if there would be action taken. There wasn't.
In Mississippi we elect an insurance commissioner, agriculture commissioner, auditor, a Lt Governor whose only material function is to be leader of the MS Senate and three transportation commissioners. Does anyone else think that part of the solution is to make these posts (and maybe the AG post as well) positions appointed by the Governor?
I have also on several occasions reported documented criminal activity by state agencies to the AG's office, but no action was taken. I can't believe Jim Hood is still in office - he doesn't seem very bright, quite frankly - but I guess that's what we should expect from professional politicians.
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