Why Glen Casada's former chief of staff wants House Speaker Cameron Sexton's phone records

Cade Cothren, a former top Tennessee legislative aide, wants to subpoena House Speaker Cameron Sexton's phone and communications app records, arguing the records could be instrumental to his defense in an upcoming October federal public corruption trial.

Cothren's attorney on Thursday filed the motion for the subpoena, arguing the records will show continued close communication between the two men that will contradict a core portion of the prosecution's case. Cothren's team wants records between February 2019 and January 2020 from Verizon, Sexton's phone carrier, and a confidential messaging app.

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

Cothren shielded his involvement in the firm by operating under a false identity of Matthew Phoenix while working with Casada and former Rep. Robin Smith, R-Hixson, to allegedly engineer a kickback scheme, according to prosecutors. Smith quickly resigned from the General Assembly and pleaded guilty for her role in the scheme last year, while Casada, R-Franklin, has pleaded not guilty and is awaiting trial.

More: 'Tricked and lied to': House Republicans admonish shadowy firm where they spent around $200K

Their charging indictments argue the trio hid the fact that Cothren was pulling the strings of the firm because the General Assembly, under Sexton's leadership, would not have approved the company as a vendor if his involvement was publicly known.

Cothren, through his attorney, now argues he continued to be a close confidant of Sexton after his resignation, and Sexton was even trying to find him a lobbying job in 2019.

The motion states Cothren remained "heavily engaged" with Sexton after his resignation and as Sexton ascended to the speakership following Casada's downfall.

"Additionally, the requested records will show that Speaker Sexton was actively reaching out to state officials, state employees, as well as third-parties in an attempt to secure Mr. Cothren a job as a lobbyist as well as other opportunities," Cothren's motion states. "These communications are integral to Mr. Cothren’s defense in this matter because the government’s case appears to rely — heavily — on its theory that Mr. Cothren’s reputation was so tarnished after his resignation that Speaker Sexton was adamantly opposed to associating or working with him at all, even on administrative matters."

Cothren's attorneys deny that a subpoena for a year's worth of Sexton's communications records, some of which Cothren already has, would be a fishing expedition.

“Since 2019, I have been and will continue working with and assisting the FBI and Department of Justice on this investigation," Sexton said in a Friday statement. "I commend the FBI and DOJ on their hard work, dedication, and resolve in uncovering a criminal scheme that brought over 20 felony charges. It is clear from the indictments that individuals knowingly used their official capacity and connections to target General Assembly members and the Republican Caucus by using fake companies to siphon off money illegally and deceptively. Any accusations suggesting that I had any part in this criminal behavior are categorically false.”

Communications filed with Cothren's original indictment allegedly showed him reminding Smith and Casada that he couldn't be identified as having any involvement with Phoenix Solutions.

Three confidential informants inside the General Assembly helped federal investigators build a case against the trio starting in May 2020, according to a federal warrant obtained by The Tennessean last fall that also revealed the group's haphazard efforts to shield Cothren's identity.

More: Three legislative informants played crucial role in Casada, Cothren arrests, search warrant reveals

The federal probe sprung into public view in early 2021 as federal agents raided multiple General Assembly offices. Sexton has previously confirmed he cooperated with investigators in the early days of his speakership, and was among a group of lawmakers believed to have testified in a 2022 grand jury before Casada and Cothren were charged.

Reach Melissa Brown at mabrown@tennessean.com.

This article originally appeared on Nashville Tennessean: Glen Casada's former aide Cade Cothren wants Cameron Sexton's phone records