The week in politics: Cothren pushes for another trial delay

  • Oops!
    Something went wrong.
    Please try again later.
  • Oops!
    Something went wrong.
    Please try again later.

Cade Cothren, the former Tennessee political aide facing federal corruption charges alongside former House Speaker Glen Casada, is angling for another delay of his pending federal corruption trial.

Cothren this week filed a motion to continue the trial, which is currently slated for March. It was originally scheduled for the fall but was continued several months, as often happens in federal cases.

Cade Cothren, former aide to former Tennessee House Speaker Glen Casada, walks out of the Fred D Thompson Federal Building & Courthouse after pleading not guilty to federal charges ranging from money laundering to bribery Tuesday, Aug. 23, 2022 in Nashville, Tenn .
Cade Cothren, former aide to former Tennessee House Speaker Glen Casada, walks out of the Fred D Thompson Federal Building & Courthouse after pleading not guilty to federal charges ranging from money laundering to bribery Tuesday, Aug. 23, 2022 in Nashville, Tenn .

Prosecutors allege Cothren — pushed out as Casada's top aide in the wake of admitted drug use and a sexist and racist texting scandal — set up shadowy political consulting firm Phoenix Solutions to tap into taxpayer-funded mailer services available to lawmakers, as well as the lucrative political campaign mailer business.

Cothren and Casada were charged in what prosecutors have called a "quid pro quo bribery scheme."

Former Rep. Robin Smith resigned in 2022 and pleaded guilty to one count of wire fraud for her involvement in pressuring the House Speaker's Office to approve the firm as a state vendor. Prosecutors allege Cothren shielded his role in the firm due to his notorious ouster from his General Assembly job, and Casada received payments from Cothren to drum up lawmaker business for Phoenix.

Both Casada and Cothren have pleaded not guilty to the allegations.

Tennessee House Speaker Glen Casada, left, and his chief of staff, Cade Cothren, speak during session in Nashville on May 1, 2019.
Tennessee House Speaker Glen Casada, left, and his chief of staff, Cade Cothren, speak during session in Nashville on May 1, 2019.

Cothren now argues that a case expected to be heard by the U.S. Supreme Court this summer could affect his case, and the trial should be indefinitely delayed until that case is decided.

The case, Synder v. United States, hinges on whether it is illegal to receive payment for an action an official has taken or plans to take without any quid pro quo agreement to take those actions. In the new filing, Cothren's legal team argues the Supreme Court's decision in Snyder could affect much of Cothren's case, which they argue did not include any quid pro quo arrangements.

Prosecutors opposed Cothren's motion to delay and argued their case will meet the high burden of proving the Phoenix scheme was a quid pro quo arrangement.

Tennessee asks Supreme Court to reinstate Trump on Colorado ballot

Tennessee has joined 27 other states in an amicus brief requesting the U.S. Supreme Court reverse a Colorado decision to keep former President Donald Trump off of the state's 2024 presidential primary ballot.

"The president is chosen by the American people, not a small cadre of insulated elites," Tennessee Attorney General Jonathan Skrmetti said in a statement. "It is incredibly dangerous for courts to insert themselves into the democratic process absent a clear legal mandate."

Senate Speaker Pro Tem Ferrell Haile, R-Gallatin, hosted and moderated a "Faith and State Panel" with Attorney General Jonathan Skrmetti, Murfreesboro minister David Young, and John DeBerry, a special advisor to Gov. Bill Lee and former state representative.
Senate Speaker Pro Tem Ferrell Haile, R-Gallatin, hosted and moderated a "Faith and State Panel" with Attorney General Jonathan Skrmetti, Murfreesboro minister David Young, and John DeBerry, a special advisor to Gov. Bill Lee and former state representative.

Invoking the 14th Amendment, the Colorado Supreme Court ruled Trump is ineligible because he engaged in insurrection due to his role in inciting the Jan. 6, 2021, U.S. Capitol riot. Maine also barred Trump from the ballot under the Constitution's "insurrectionist ban."

More: Maine has joined Colorado in banning Trump from 2024 primary ballot. What happens next?

In the 43-page brief, state officials, led by attorneys general from Indiana and West Virginia, argue that the Colorado court's decision could cause voters to question whether American elections are "genuine reflections of the national will" or "base political games won through gamesmanship and lawfare" ― and ask the court to reverse the lower court's decision.

"In declaring that former President Donald Trump is ineligible to run for President in the coming election, the Colorado Supreme Court has effectively reordered the roles of all the relevant players in presidential elections," the amicus brief states. "Section 3 of the Fourteenth Amendment requires Congress to act before an individual can be disqualified as an insurrectionist. But Colorado chose to act on its own."

Blackburn bill would bar people illegally in the U.S. from Medicaid eligibility

U.S. Sen. Marsha Blackburn, of Tennessee, is proposing legislation that would prohibit state Medicaid programs from including people living in the United States unlawfully.

Sen. Thom Tillis, R-N.C., center, listens as Sen. Marsha Blackburn, R-Tenn., left, speaks during a Senate Judiciary Committee hearing to examine promoting competition and protecting consumers in live entertainment on Capitol Hill in Washington, Tuesday, Jan. 24, 2023. (AP Photo/Andrew Harnik)
Sen. Thom Tillis, R-N.C., center, listens as Sen. Marsha Blackburn, R-Tenn., left, speaks during a Senate Judiciary Committee hearing to examine promoting competition and protecting consumers in live entertainment on Capitol Hill in Washington, Tuesday, Jan. 24, 2023. (AP Photo/Andrew Harnik)

Federal law already bars migrants illegally living in the U.S. from eligibility for Medicaid coverage. However, California, Illinois, New York, Minnesota, Oregon and Washington, D.C., allow state and local funds to extend coverage to adult immigrants without legal status. Blackburn’s bill would prohibit federal money from going to state Medicaid benefits paid to those immigrants, according to a news release from her office.

“Tennesseans and the American people do not want their tax dollars subsidizing Medicaid for illegal immigrants,” Blackburn said in a statement. “Not only is it unfair to hardworking citizens, but it incentivizes more illegal immigration and puts the care of millions of Americans on the back burner.”

Blackburn is sponsoring the bill, dubbed the Protect Medicaid Act, with Sen. Bill Cassidy, a Republican from Louisiana.

Attorney general asks FCC to impose restrictions on AI use for telemarketing

Tennessee Attorney General Jonathan Skrmetti is asking the Federal Communications Commission to impose restrictions on the use of artificial intelligence for prerecorded robocalls.

Skrmetti joined a coalition of 26 states in a letter to the FCC expressing concern over the potential harm of AI use by telemarketers, in response to a November request for input from the FCC.

Skrmetti and others asked the FCC to require telemarketers wanting to use AI to impersonate a human voice to follow regulations outlined in the Telephone Consumer Protection Act — including obtaining prior written consent from consumer targets.

“The State AGs respectfully submit that any type of AI technology that generates a human voice should be considered an 'artificial voice' for purposes of the TCPA,” the letter states. “If any TCPA-regulated entity wants to call a consumer utilizing such technology, it should follow the TCPA’s requirements, including those with respect to prior express written consent.”

Catch up on the week:

Got a question for us?

Got a question about state politics you would like us to tackle? Let us know. Email us at mabrown@tennessean.comvjones@tennessean.com or statehouse@tennessean.com.

This article originally appeared on Nashville Tennessean: Ex-Tennessee political aide Cade Cothren pushes for another delay