Wednesday, May 10, 2023

Phil to Mississippi Today: Of Course, You Realize This Means War.

 Former Governor Phil Bryant demanded Mississippi Today apologize and publish retractions after its publisher said "Byrant and his cronies" embezzled federal funds in the DHS scandal in a letter sent to  the online publisher today.  The former Governor posted the letter on his website, Bryanttexts.com today.

The fun began at a Knight Foundation Media Conference in February 2023.  Mississippi Today Publisher Mary Margaret White just could not help herself as she bragged about her publication's coverage of the DHS scandal and the corresponding "Backchannel Series."  Watch the video below. 


Warning: Governor Bryant states the remarks in video are false and defamatory. 

Yup.  Ms. White flat out side former Governor Phil Bryant embezzled while in office.  In other words, she stated he committed a crime.  The letter recites the boasting as it prepares to demand justice from the social justice crew in Ridgeland: 

During the panel discussion, White stated the following: "We're the newsroom that broke the story about $77 million in welfare funds, intended for the poorest people in the poorest state in the nation, being embezzled by a former governor and his bureaucratic cronies to be used on pet projects like a state-of-the-art volleyball stadium at Brett Favre's alma mater."  Full video.

 

Needless to say, Mr. Byrant was not too happy with the running of the mouth and took action.  

The former Governor's lawyer, Billy Quinn, sent a notice warning Ms. White and Mississippi Today of possible legal action for defamation.   The letter states: 

I represent former-Governor Phil Bryant. This correspondence is former-Governor Bryant's notice to Ms. White and Mississippi Today, pursuant to Miss. Code Ann.§ 95-1-5(1), that Ms. White, individually and on behalf of Mississippi Today, defamed former-Governor Bryant while serving as a panelist in a February 2023 Knight Foundation media conference. The panel was titled, "The Key to Scaling News Start-Ups."

Additionally, this correspondence is former-Governor Bryant's notice to Mr. Ganucheau and Ms. Wolfe that comments made in Mississippi Today's "The Other Side" podcast falsely claim that Mississippi Today personnel had never stated that former-Governor Bryant committed a crin1e. The podcast episode at issue was published today, May 10, 2023. The comments of White, Ganucheau, and Wolfe collectively serve to defame former-Governor Bryant and to deny such occurred.

Mr. Bryant demanded justice from the Barksdalers: 

Former-Governor Bryant demands that (1) Mississippi Today publish full-and-fair corrections of White's false and defamatory statement and the subsequent comments made by Adam Ganucheau and Anna Wolfe that are prominently displayed on Mississippi Today's webpage, that are promoted in the social media accounts of Mississippi Today, White, Ganucheau, and Wolfe, and that are verbally made on "The Other Side" podcast; (2) that Mississippi Today, White, Ganucheau, and Wolfe publicly apologize for having made false, misleading, and defamatory statements concerning former-Governor Bryant; and (3) that Mississippi Today, White, Ganucheau, and Wolfe issue public retractions within ten (10) days after service of this notice. This demand is constructed to be consistent with the requirements of Miss. Code Ann.§ 95-1-5(2).
The letter points out how numerous media outlets "republished" or covered Ms. White's questionable remarks.  Mr. Bryant hotly denied her statements as he said he never embezzled or converted any government property. 

Mr. Quinn warned the publisher his client can sue for damages as he made it clear the former Governor is prepared to seek some of his own social justice if Ms. White does not make things right.

Kingfish note: Here is some law. Section 95-1-5 of the Mississippi Code states: 

 (1) Before any civil action is brought for publication, in a newspaper domiciled and published in this state or authorized to do business in Mississippi so as to be subject to the jurisdiction of the courts of this state, of a libel, or against any radio or television station domiciled in this state, the plaintiff shall, at least ten (10) days before instituting any such action, serve notice in writing on the defendant at its regular place of business, specifying the article, broadcast or telecast, and the statements therein, which he alleges to be false and defamatory.


79 comments:

Anonymous said...

I feel that the Pulitzer was prematurely given to MS Today. The story is still very sketchy without any hard evidence that the good Governor did anything.

Anonymous said...

For the People, By God!

Anonymous said...

They can probably see this bluff all the way from Alabama. Phil would never voluntarily testify about any of this and he certainly isn’t going to open the can of worms himself by filing the suit. Take your loss and move on Phil. Trying to make a big stink about how he was wronged doesn’t play well and will only make investigators more enthusiastic to find out his involvement. Everybody hates a hypocrite.

Kingfish said...

Just remember, he gets discovery too although the Judge can seal the case and make them submit all documents en camera.

The publisher screwed up. Do they have any proof he embezzled?

Anonymous said...

The Pulitzer means nothing, no more than a participation trophy given out to a T-ball squad member means. So, I say let her have it.

Anonymous said...

@4:09 While I would agree that we haven't seen hard evidence of a crime, saying we haven't seen anything - i.e., evidence of bad acts by Bryant and his "cronies" - is false.

Anonymous said...

Phil Good: "Bikini basketball is stimulating for the Poor."

Anonymous said...

I'm no lawyer and can't help wondering Bryant's counsel is either.

I suggest that Bryant's lawyer visit those sections of the law that relate to defamation and the literal impossibility of 'defaming' a public figure who is also an elected political office holder.

Anonymous said...

Go right ahead and file suit Philly Billy. The truth is an absolute defense to defamation. Do you really want to risk it? I mean, the defendants would be able to get discovery regarding any possible involvement in the scandal. Are your hands really that clean? I didn't think so. Just go home and be quite Philly.

Anonymous said...

I’m ready to see an Apple engineer on the stand explain how Phil deleted his text messages. Phil claims all the incriminating texts just disappeared and he even tried getting Apple to help retrieve them, but he’s so obviously lying that it’s almost comical.

Anonymous said...

@kimfish - discovery doesn’t do much good if all the text messages and emails have been deleted. Phil should know this better than most as he’s trying to weasel out of it with this same tactic. How is he going to prove actual malice with all the shady crap he’s done?

Anonymous said...

Where does he file suit?

Anonymous said...

The most interesting depositions will be Donna Barksdale's and Deborah Bryant's.

Anonymous said...

Seems the publisher's tongue outran her brain. Embezzlement is a specific term.

She might have outran her checkbook too if she doesn't retract.

Anonymous said...

Guess Phil does want a jury to decide if he's a crook. What's that they say about truth being a defense?

Anonymous said...

Yes KF, "misappropriated' or 'misdirected' better then 'embezzled'. Mr. Davis, the News' Summit School mother-son duo (did they offer new Bikini Volleyball scholarships?), plus an ex NFL player and ex wrestler all had bizarre methods of helping poor families.

Anonymous said...

I think the larger story is how Southern Miss took 5 Million of Welfare Money to subsidize a sport that has 3-4 hundred people in attendance per match and refuse to pay it back to children whose parents can’t afford to eat. And at the same time increasing the cost of attendance.

Anonymous said...

I can only surmise that Governor Phil was the Head of State Government when all this happened. If necessary, he will get a fair trail in Manhattan I mean Mississippi!

Governor Phil Bryant we know you didn’t do anything wrong.! Wink!

I don’t understand why they alleging you were involved! Wink Wink!

Anonymous said...

Phil has as much chance in court as his buddy had in the Rape/Defamation case. He will testify and still lose.

Anonymous said...

No matter how you try to convince someone your are not a crook, the ones real close to you know the truth. And the ones you are trying to convince do not give a rats ass!

Now, I just wish you would have left John Davis in Lincoln County so he could be enjoying life after years of service as you and yours.

Anonymous said...

I hope Phil burns their ass. They specifically stated he embezzled money. That is a factual statement that is either true, or not true. If Mississippi Today doesn't have proof, then they need to pay up (Fox News and Dominion for example).

Anonymous said...

Go get them Phil. No idea why conservative constantly allow the Left and its propaganda arm control the narrative in this Country.

Anonymous said...

After watching the Barksdaler (and Ms Wolfe's personal) surrogate[s] spin so hard on Twitter over the past 24 hours to misdirect away from this unforced, but major, error I knew right away the podcast was all about damage control.

Anonymous said...

But they love, love, love them some Democrat Delbert Hosemann!

Anonymous said...

MT, simply replace the word, embezzled, and apologize and continue reporting.
RMQ

Anonymous said...

Near the beginning: "Yup. Ms. White flat out side former Governor Phil Bryant embezzled while in office."

Say again?

And, maybe Earle Banks got the $ and didn't report it...

Anonymous said...

What does Donna Barksdale have to do with this mess?

Anonymous said...

Cute letter. Where’s the lawsuit?

Anonymous said...

What does Donna Barksdale have to do with this mess?

She's got you fooled.

Anonymous said...

Tyler, stick to sports.

Anonymous said...

Dear Brad:

MT and Wolfe didn't break the story.

Anonymous said...

It was a simple question. You obviously don’t know the answer.

Anonymous said...

Why are so many folks having an orgasim about a Pulitzer Prize from left wing Columbia University ... being awarded to little Miss left wing Wolfe ?

A Pulitzer Prize ain't what it once was.

Anonymous said...

Poor choice of words by the lady, should have waited until Phil was in prison. But does not change the fact that Phil is a crook and directed welfare money to cronies.

Plus one for Phil's lawyers. But they will regret taking him as a client.

Anonymous said...

4:42, that is the least of all concerns. Phil steered that money, that is much more of a concern.

The fact that USM offered up the facility for programming and the state did not take advantage of it means the state steered this money, not USM.

Anonymous said...

A lot of people have had trouble separating their dislike for Phil Bryant - either politically or even personally - and what they have been demanding from regulatory and law enforcement authorities. There's a reason lady justice wears that blindfold. If it were your own behind on the line or that of a family member, you would certainly claim innocence until proven guilty. Maybe more is coming, maybe not. But I'm more persuaded by evidence than a media outlet.

Anonymous said...

lol He is/was a public figure you idiots. Defamation is impossible.

Anonymous said...

Ms today is begging Phil to sue and they will continue. They would love nothing more than to have a court case over the whole issue. And they would get all kinds of exposure. They would even pay his legal fees probably. It is a win win for them. Ms today has not misspent federal funds or even appear to have misspent federal funds, phil has done so. Misspent is not necessarily a crime but boy does it look bad. And it might be a crime we don’t know yet. But bad boy news sells and that’s what they want!

Anonymous said...

“Conspiracy to gaslight” is a cause of action now? I wouldn’t lose any sleep if I were Wolfe or Ganucheau.

Anonymous said...

And Y’all wonder why I pronounce it Missippi .

Anonymous said...

Interesting that the law firm of Charlie Ross and Mike Wallace is defending Mississippi Today. That will be a problem for them and their clients in Republican politics.

Anonymous said...

Phil will never see a day of prison. Phil didn’t do anything illegal. Stupid or moronic maybe. But not illegal. Watch and you will see I’m correct.

Anonymous said...

Attn 4:42 When have you seen 600 people attending a “volley ball” game at Southern Ms. Or for that matter at a football game there?

Anonymous said...

4:42:

“…and refuse to pay it back to children whose parents can’t afford to eat.”

Pay it BACK? Like the money was something those deadbeat parents had been taken AWAY from them? Give me a break.

I’m glad the money was used like it was and not wasted on loser parents that refuse to take the responsibility for their children.

At the end of the day, both Favre and Bryant did NOTHING illegal.

Anonymous said...

Laughing, HOWLING at the people claiming MT will find the actual embezzlement in discovery.

Anonymous said...

He is probably guilty, but has not been indicted yet. Too early for her to say something like that.

Anonymous said...

A defamation claim against a public figure is difficult to win. but certainly not impossible. The plaintiff must prove that the statement is defamatory, which an accusation of embezzlement is on its face. The statement must be shown to be false, and presumably Bryant will be able to show through documentary evidence showing where the funds went. The defendant must know that the statement was false or it was made with reckless disregard for the truth (malice). The last of these requirement is generally the most difficult to prove. Proof must be clear and convincing. Difficult, but not impossible.

Charlie said...

Thoroughly disappointed you didn’t incorporate a Bugs Bunny meme or GIF with that quote.

Anonymous said...

Lol Pheeeeel had to wait and send that until his talking head Latino did his little opinion piece so they could have stuff to cite. Phil’s desperate and just know something is coming down the pipe and needs to have a little distraction. Feel the pressure and pivot.

Anonymous said...

Phil trying to play hardball. Don’t threaten a suit, just sue them if you mean it.

Anonymous said...

Phil and his attorneys are right: Stupidity and incompetence are a great defense against the crime of embezzlement.

Woke Trophies said...

A Pulitzer is like a Nobel. Even Nobama received one on the come.

Anonymous said...

Attn 10:56 p.m. Written like a true drop out from law school. Keep trying!

Anonymous said...

(Narrator): “The former governor will not, in fact, file suit.

Anonymous said...

And all this time I thought it was the "Pullet Surprise".

Anonymous said...

I dislike both so I say let them fight!

Anonymous said...

Power Corrupts, Absolute Power Corrupts Absolutely. Unfortunately, Mississippi has more than its share of corrupt, lying, sleazy politicians. It wouldn't matter as much who controls the gov't if the gov't wasn't as powerful and intrusive. Think on that the next time you start to say "There aught to be a law"

Anonymous said...

"Pay it BACK? Like the money was something those deadbeat parents had been taken AWAY from them? Give me a break."

Well he's not wrong.

Anonymous said...

Hey, May 11 9:10 a.m.

Your post assumes that the power brokers running repub politics these days give a tinker's damn about Phil Bryant or which lawyers are repping enemies of Phil.

Anonymous said...

10:56, is right, and 8:02, you clearly don't know how torts work. 25 years in, they still work like I was taught in law school.

Whoever believes this is naive. Quinn is sword rattling. That's it. Scared to death of actually taking a swing because he knows what could happen to his client in litigation if he steps in the ring. If he wanted to fight and thought he'd win, he wouldn't file a letter threatening to sue, he'd sue. Can't get bloody writing letters to the press like you can if you file a complaint.

Anonymous said...

@9:55 am gets it.

Anonymous said...

@10:05
Pay it BACK? Like the money was something those deadbeat parents had been taken AWAY from them? Give me a break.
I’m glad the money was used like it was and not wasted on loser parents that refuse to take the responsibility for their children.



So children should be punished just because their parents are irresponsible? I agree there are some deadbeats out there - moms and dads - but children are innocents and they should benefit from these funds meant for them.

And Bryant and Favre did do something wrong I believe deep down. It's just a matter of time before it comes to light. Makes me sick because I'm a USM alum.

Anonymous said...

9:10, who at Wise Carter represents MS Today? My experiences with that firm have been positive. And, for what it is worth, I doubt the firm will suffer any hits for representing MS Today...and it should not.
RMQ

Anonymous said...

Using it for a volleyball stadium would be the best use of welfare funds in the last 50 years. Poverty is a problem from the last century. Poverty today is based on unaccountability, laziness and personal choice. Start taking cell phones, TVs, and booze away and you will start getting closer to where (maybe) poverty could be seen on the horizon.

Anonymous said...

11:41 AM,
You think children ever get welfare money "intended for them"?
HAHAHAHAHHAHA!!!!!!!
You haven't been around many welfare recipients, have you?

Anonymous said...

May 10, 2023 at 5:58 PM You insert your irrelevant to this post comment: "But they love, love, love them some Democrat Delbert Hosemann!"

I am a Republican. Delbert is a Republican and an excellent public servant.
I don't know what you and Chris McDaniel are, but I know we need no part of him in any office. He is an egotistical danger.

Anonymous said...

@10:56 - the law requires a notice letter before filing suit. Quin can't file suit without notice. Quin will come out swinging if they don't retract. Bank on it.

Anonymous said...

@4:42, the post regarding the elements of a defamation claim against a public official addressed the claim that it was impossible to win a defamation case by a public official. The comment set forth the substantive elements of a defamation case by a public official under Supreme Court precedent. It wasn’t intended to address pre-suit procedural requirements under Mississippi law. But thanks for clarifying why Quin sent the letter.
@8:02, LOL. I suggest you read some Supreme Court decisions on defamation. Any law student who has studied defamation and the First Amendment should be able to point you in right direction.

Anonymous said...

There is nothing like a pissed off ex highway patrolman (Guv. Phil).

Anonymous said...

@9:28- you’re right. My mistake. The notice issue should have been directed @ 6:56 and @9:55 am posts suggesting Quin is saber rattling and would have filed suit in lieu of a letter if he really intended to sue.

Anonymous said...

Quite a few attorneys on here enjoying their (perceived) ability to string words together in absolutely meaningless fashion.

Just not enough Latin to hold my interest.

Anonymous said...

“So children should be punished just because their parents are irresponsible? I agree there are some deadbeats out there - moms and dads - but children are innocents and they should benefit from these funds meant for them.”

This line of thinking is why we have unmarried welfare mothers popping out welfare babies left and right. Paying the very people who can’t support their kids to have more kids. And paying them even more if the father is not around. Been going on since the sixties and has absolutely destroyed the AA family structure.

Anonymous said...

I believe a lot of you misunderstand the definition of embezzlement included below. Phil has no chance to win a liable verdict unless he proves the texts that Wolfe published were false and known to her to be false.

Embezzlement is the fraudulent taking of personal property by someone to whom it was entrusted. It is most often associated with the misappropriation of money. Embezzlement can occur regardless of whether the defendant keeps the personal property or transfers it to a third party.

Historically, embezzlement became a crime because thefts were occurring in which the elements of larceny could not be met because the thief had the right to possess the funds; thus, the prosecution could not prove the element of a “trespassory taking.” Meanwhile, proving embezzlement only requires showing either that the employee had possession of the goods or funds because of the employee’s position or that the employee had the authority to exercise substantial control over the goods or funds. Courts determine the question of substantial control by considering the employee’s job title, job description, and the practices of that company. Some states also have fraudulent conversion statutes, which provide for the criminalization of actions that border between larceny and embezzlement. The government can also charge individuals with attempted embezzlement.

Anonymous said...

@10:33- that's an awful lot of words. This is a simple matter. There are 4 issues at hand here.

1. Embezzlement requires proof that: 1) the alleged offender falls within the embezzlement statute and 2) the alleged offender converted property. Bryant meets the first part because he was a public official. But there is no proof that he converted property. When someone says otherwise, simply ask them to point you to the evidence - not speculation, not innuendo.

2. Bryant does not contend that Wolfe defamed him. He contends that MT CEO Mary Margaret White did so. And, in the absence of any proof of conversion, he's correct.

3. White's defamatory comments were made while speaking on behalf of MT at a Knight Foundation conference. Because she was acting on behalf of MT, MT is civilly liable for her wrongdoing just the same as any other employer is liable for the torts of its employees made in the course and scope of their jobs.

4. Wolfe and Ganucheau knew good-and-well that White had defamed Bryant when they stated on a MT podcast that no one affiliated with MT had ever accused Bryant of a crime. They were, in fact, directly addressing the articles that had already been run by other media outlets addressing White's comments. These actions walk awfully close to a conspiracy, which is what Bryant alleges in his letter.

Anonymous said...

Bryant can attempt to use an "ignorance" defense - but "willful ignorance" of his responsibilities over budgetary federal funds is the difference - and the crime.

Anonymous said...

11:03 - That, too, was an awful lot of words.

Do you maintain that Bryant did not have and exercise substantial control of the TANF funds? Keep in mind that there are multiple parties ready to testify 'yes' to both pieces of that question.

Do you deny that exercising control of and the unlawful shifting of those funds meets the definition (cited above) for embezzlement?

Anonymous said...

Along with the questions asked by 12:09PM there are also the questions raised by the apparently intertwined (intertwined both in time and by many of the same players and pots of TANF funds) alleged volleyball stadium financing plans and the alleged concussion drug financing plans and the alleged offer of some sort of stock benefit to the governor while he was still governor, which he claimed he couldn't even consider until the day after he left office.



https://mississippitoday.org/2022/04/04/phil-bryant-brett-favre-prevacus-welfare-scandal/

Anonymous said...

@12:09- the answer to your first question is yes. Bryant did not exercise such control. There is no evidence he did & there’s a lot of evidence he did not. Your second question is moot due to the answer of the first. The great thing here is we all get to find out. If MT doesn’t meet Bryant’s demands, he’ll sue them. And he might sue them anyway.

11:20- there’s no intertwining. Favre asked Bryant to help raise private funds for the VB center. And he did not direct MDHS or TANF funds to Prevacus. Again, we all get to find out when Bryant files suit.

You know what else we may discover? Who leaked the texts to Wolfe? Did she exchange favors for them? What kind of favors?

Anonymous said...

I hereby declare the "unofficial" Winner of the Thread is May 12 @ 11:03 AM and May 14 @ 4:26 PM (probably the same person)!!!

Congratulations! Good analysis.

PS - One question: Wouldn't MT & White have the burden of proving that Bryant had in fact embezzled, rather than Bryant having to prove he didn't (having to prove a negative and all that)? Thanks.



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