Attorney General Lynn Fitch wants to go to the mattresses in her fight to keep State Auditor Shad White from pursuing Brett Favre in a clawback lawsuit.
The State Auditor issued a demand for $828,000 upon the football legend in October 2021. The sum demanded included $600,000 in principal and $228,000 in interest. Mr. Favre paid $600,000. Mr. White's office sued Mr. Favre for the interest in November 2021.
Mr. Favre sued the State Auditor in Hinds County Circuit Court for defamation. Mr. White counterclaimed and included the $228,000 demand. General Fitch withdrew representation of Mr. White, claiming a conflict of interest. Mr. White had criticized the Attorney General in his book about the TANF scandal, Mississippi Swindle. General Fitch said the book created a conflict that could not be waived and got off the case.
The Attorney General claimed she alone had the right to pursue the clawback lawsuit and had instituted her own proceedings against Mr. Favre and the other TANF defendants. However, the Attorney General's lawsuit did not include the claim of $228,000 of interest and that is where the rub lies.
Mr. White pursued the claim in Hinds County Chancery Court, stating he had the authority to do so since the Attorney General declined to recover the interest.
General Fitch petitioned the Chancellor to issue a declaratory judgment against Mr. White's lawsuit:
30. Auditor White lacks statutory authority to prosecute suits pursuant to MISS. CODE ANN. § 7·7·211(g). At no time has the Attorney General declined to prosecute the Favre Demand under MISS. CODE ANN. § 7·7·21l(g), and MISS. CODE ANN. § 7·5·39 does not apply.(a) The Attorney General has the exclusive statutory authority to prosecute suits and manage litigation under MISS. CODE ANN.§§ 7-5-1 and 7-7-211(g);
Unfortunately for General Fitch, Chancellor Dewayne Thomas did not see things her way and ruled for the State Auditor. The Chimneyville Chancellor ruled:
6). This Court cannot agree. The plain statutory language of subsection (g) provides that the "State Auditor shall have the authority and it shall be his duty to institute suit" and that "the Attorney General shall prosecute the same". Therefore, the plain language of the statute vests the State Auditor with the authority and responsibility to begin a legal suit in these specific instances and further mandates that the Attorney General prosecute the same. Furthermore, Mississippi case law has consistently supported the authority of the State Auditor to institute and pursue litigation on behalf of the State under §7-7-211.
Instead of licking her wounds, the Attorney General pressed on as she appealed to the Mississippi Supreme Court. Briefs were submitted but General Fitch wanted to make sure she got her point across to the Supremes so she asked for oral arguments. The Mississippi Supreme Court granted her request:
It is a rather interesting dispute as both officials are rumored to be running for Governor in 2027.
8 comments:
Wouldn’t it be great if our local media investigated and covered Chokwe and associates with the same fervor they have for Bret and Phil?
10:16 - Wait until they go to court next year. You'll see more of that guy's face than you ever wanted to.
We are screwed in the next governor's race, no reason to believe otherwise. The Fitch or Dilbert get elected and it will be without lubrication…
Antard is going to jail.
Why are Nancy New and Zach New in Jail????
Why are Phil Bryant and Brett Farve NOT in jail?
Attention, Ms. Fitch - I won't vote for anyone who refuses to follow the law, prosecute crimes, and collect money due and owing to the State. You are doing all of those things.
11:04 for what?
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