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.
34 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?
Whistleblowers don't get locked up!
I would be happy to never hear about Phil Bryant and Brett Farve stealing from the people of Mississippi again. However, I do, very much, want to know what happened to the $77 million dollars that went missing under Governor Bryant's term. That is what I would like to see reporters and lawyers talking about.
Shad is a good auditor. He should stick with what he is good at and not be a Peter Principle Governor.
Lynn Fitch is an empty pantsuit that can’t follow the law. Lord help us if she is ever elected to a higher office!!!
If the DHS case ever goes to trial, it will be the downfall of Shad White. And, rightfully so.
Fitch is corrupt MS, Shad is corrupt MS.....
Would rather have Shad. Sigh.
Shad is a toad. This whole witch-hunt of Favre is a joke.
All a huge ploy for media hits.
Yet thousands of “non-profits” and others receiving fraudulent government money will suffer no consequences for their generations of ripping of the taxpayers of Mississippi.
Don’t like Fitch, but am disgusted by Shad.
We need a business person in the governor's office.
We don't need a politician in the job.
We need a governor who does not need the job.
We need a governor who does not simply want the job and someone who does not want the job simply to say they got it and it's a career accomplishment.
Fitch’s refusal to follow the law and not act in the best interest of the State should make for a good commercial if she actually runs for Governor.
They haven’t been put in jail yet? Have they? Thought that she is still living in her home off Sheffield……
So, why didn’t “Fave Rates” pay the interest also? Please do tell.
Favre doesn’t think he should have to pay the interest. The more important question is why is Lynn Fitch protecting him. This issue needs to be broadcast far and wide, so people know her true colors. It is hard to imagine anyone actually voting for her for Governor, and Shad needs to sit tight during the next election.
I’d pay money to see Lynn and Shad forced to argue personally argue their case personally.
They won't be sentenced until the federal prosecution. We are waiting on Juniors case to wrap up.
What does 'the mattresses' actually mean in this context? Care to explain, Kingfish? Not lurid, is it? That would not be at all like you.
Dear Santa, many want to see an indictment of Phil Bryant for Christmas. Please don't disappoint little Johnny and Jessica. Can you say TANF? Sure, I thought you could.
Need a special shoutout for all those who enjoyed the USM volleyball stadium this year!
I have to explain The Godfather to you people? Seriously?
It's stunning that any Mississippian wouldn't want the interest paid. It's our stolen tax dollars that were spent for speeches that didn't happen and redirecting money intended for other purposes than a volleyball court. As it is, he got off cheap.
KF, please don't group the rest of us in with the boob @ 8:15.
100% give my left nut and
Supremes should require it!!!
If Favre had gone to Ole Miss, not an eye would be batted in Shadrack’s office or at MS Today. Not one.
Lynn Fitch is a joke. A Mississippi token woman following the lead of her male handlers. What a STUPID food fight! If I was give a million dollars for a year or longer, u know that million has earning power and any one in their right mind would demand I pay that back. It did not just sit under a mattress. Now, why wouldn’t the state of Mississippi want the money that the million earned or should have earned? Answer: they are grandstanding. They are not wanting to help the needy people the TANF money was needed. She is running her next election. 🤮
True, and the reason Mississippi is so deeply corrupt.
This all reminds me of the clowns bailing out of the small car at the circus. None of them are fit to lead.
The money for the volley ball court is not an issue, because there are broad guidelines for the TANF funds and the MS AG's office reviewed this and approved it. The issue is the money he was paid for services that were not performed. He repaid the money, but state law says a person or entity owes interest on that amount while they have it. Favre does not believe he should have to pay the interest. Why is Fitch try to protect him?
Because she approved the nonsense....now it's "Hey Brett, screw the taxpayers - let's keep our stories straight and we'll be alright."
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