Stockard on the Stump: Government immunity stretches from D.C. to Tennessee

Immunity for everyone! First, the U.S. Supreme Court handed it out, then the Tennessee Attorney General's office suggested Tennessee House Speaker Cameron Sexton has "legislative immunity." (Photo: Holly McCall)

First, the Tennessee Attorney General told us state election laws for felons don’t apply to Republican presidential nominee Donald Trump because the presidency isn’t a state office.

Then, the Supreme Court — in its infinite wisdom (idiocy) — determined the United States presidency has wide immunity to criminal prosecution in its official capacity. In other words, the promise above the entrance to the U.S. Supreme Court, “Equal Justice Under Law,” doesn’t apply anymore, thanks largely to the justices appointed by former President Trump.

The problem doesn’t necessarily lie with Trump, even if he sends off a lot of red flags. (Oops, can’t say red flags in Tennessee or be branded a gun confiscator.) But what if he or another potential president comes unhinged, which is likely.

It would be one thing if those corrupt jurists never said “No one is above the law.” But video surfaced quickly this week of Chief Justice John Roberts and Justices Samuel Alito, Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch saying those exact words during testimony before the U.S. Senate, and including the president. What changed?

Are they doing the bidding of benefactors who lavish them with fancy vacations? Following through on their wives’ partisanship? Or are they just returning a favor?

Several suggestions immediately floated that President Joe Biden should fire the court, even though such a move would be illegal, then claim presidential immunity.

It sort of reminds me of the scene from Lethal Weapon II, in which the crook from South Africa claims “diplomatic immunity,” just before Danny Glover shoots him in the head and says, “Has just been revoked.”

Not that anyone should be killed over this spineless twist. But based on the high (low?) court’s ruling, Biden and, apparently, Trump, Barack Obama, George W. Bush and Bill Clinton could have someone assassinated tomorrow and claim presidential immunity.

There is no water at the bottom of the ocean. 

God help us all

Meanwhile, in Tennessee …

… The Attorney General’s Office is claiming “legislative immunity” for House Speaker Cameron Sexton in his legal fight with state Rep. Justin Jones, who argues the speaker broke all sorts of laws with a new set of rules that shut down his voice this year. Jones accused Sexton of being “drunk with power,” which led to the censure.

U.S. District Court Judge Eli Richardson, in a somewhat rambling order, decided that Jones couldn’t file a new request in the case, which he did anyway, in response to the AG’s argument to dismiss the lawsuit based, in part, on the idea that Sexton holds “legislative immunity.”

Good grief. The House speaker and every other jackball in the Legislature has this kind of shield?

It’s been said for decades that lawmakers can drive excessive speeds to get to and from Nashville when the General Assembly is in session. Hence the reason for legislative license plates.

Immunity for everyone! The Tennessee Attorney General’s office claims “legislative immunity” for House Speaker Cameron Sexton in his ongoing quarrel with Rep. Justin Jones, a Nashville Democrat, over a set of strict legislative rules Sexton enacted.

But as for breaking other laws, except those involving sanity, they’re usually bound by those, I think. 

Well, forget that altogether. 

They can accept thousands of dollars in campaign contributions, then go out and vote exactly as lobbyists order them, and everyone goes home fat and happy – and rich. The typical response is “no” when asked whether contributions affect their votes.

Yet interest groups keep pouring millions into their coffers every year.

This brings legislative and presidential immunity and the AG’s refusal (non-refusal) to render an opinion on whether a felon can be placed on the state’s ballot.

Surely, (and don’t call me Shirley) this is some odd confluence of events and not part of a bigger plan.

Harwell off the hook

Former House Speaker Beth Harwell and the Government of the People PAC reached a settlement with the Federal Election Commission for a $16,000 civil penalty for violating soft money rules in her 5th District congressional race two years ago, the Tennessee Journal reported.

Harwell told the Tennessee Lookout in October 2022 that a transfer of money from her state political action committee to the super PAC that supported her failed congressional bid that summer was legal. She claimed use of the funds was vetted by attorneys working for her campaign.

“I don’t know the ins and outs. I was busy being the candidate,” Harwell told the Lookout at the time. “But I had a legal staff and an accountant working on everything, so we did everything above board. We did not violate any rules. I can assure you.”

The Washington, D.C.-based Campaign Legal Center wasn’t so sure, though, and filed a complaint against the Harwell campaign, and now it’s paying the piper.

An official with the Campaign Legal Center pointed out the difference between the Harwell case and that of former state Sen. Brian Kelsey was that the American Conservative Union helped transfer money in Kelsey’s case, creating “a little more subterfuge.”

Harwell didn’t try to hide it and, thus, didn’t get indicted. Kelsey funneled money from his account through two PACs to the American Conservative Union, for which his future wife worked, then to ad buys for his 2016 congressional race, which tanked.

He’s still trying to overturn a guilty plea before the 6th Circuit Court of Appeals.

Harwell, on the other hand, put the matter to rest.

Forrest won’t die

The Tennessee Historical Commission recently refused MTSU’s request for a waiver allowing it to remove the name of Forrest from its ROTC building.

Forrest Hall, named in honor of Confederate Gen. Nathan Bedford Forrest, a slave trader and purported first grand wizard of the Ku Klux Klan, received that moniker in 1958 during the height of the civil rights movement. Since then, those wanting to keep the name have argued that Forrest was such a great cavalry leader that the name should stay there.

Yet MTSU wants to remove the name and put an end to debate over Forrest’s checkered life.

The Tennessee Historical turned down the university’s request several years ago, then did it again in June. The battle will continue, according to reports.

Ironically, former Sen. Bill Ketron, a Murfreesboro Republican, sponsored the Tennessee Heritage Protection Act, which requires these types of name changes to go before the Historical Commission.

Ketron, after leaving his Senate seat and serving a term as Rutherford County mayor, is now MTSU’s top lobbyist. It all comes full circle.

Where are the ribs?

The Legislature passed a bill this year making July the month of prayer and fasting, a resolution sponsored by Republican Sen. Mark Pody of Lebanon (who paid for a bus to the Jan. 6 rally/insurrection) and Rep. Monty Fritts of Kingston (sponsor of the so-called chemtrails bill).

No doubt, we could all benefit from more prayer and fasting. But when we’re celebrating independence from England and the founding of our country (or drowning sorrow over the death of our nation), it’s hard to avoid barbecue ribs and cold beer.

Wait a second, that sounds like my golf game. I’m either celebrating a good shot or I’m killing the pain over a terrible swing.

In the words of Dr. Molly Griswold in “Tin Cup,” “This is without a doubt the stupidest, silliest, most idiotic grotesquery masquerading as a game that has ever been invented.”

What she said.

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