Poll shows AG Hood to be nearly unbeatable

The GarinHartYang Research Group completed a survey of Mississippi voters last week, and just recently shared their findings regarding this year's race for Attorney General and Governor.

The gubernatorial findings will follow in a second post, but here's what they found regarding Mississippi Attorney General Jim Hood:

Approval ratings

• Overall, Hood has a 70% approval rating, and a 14% disapproval rating
• Hood's approval rating among Democrats is 70%
• Hood's approval rating among independents is 64%
• Hood's approval rating among Republicans is 72%

Reelection support

• Nearly 3 of 5 Mississippi voters say they will vote to reelect Hood
• Only 20% of Mississippi voters say they would vote to elect a Republican as AG
• Among Republican voters, 41% of them would vote for Hood, while only 36% would vote for a Republican

Hypothetical race against State Sen. Chris McDaniel (R-Ellisville)

• Chris McDaniel has substantial name ID at 78%
• In a hypothetical head-to-head matchup with McDaniel, Hood has a 62% to 27% lead

***BREAKING*** - Senate sends Sunshine Act to conference

With most (if not all) Democrats voting no, the Senate sends the Sunshine Act to a conference committee after a brief debate.

***BREAKING*** - HB 211, the "Sunshine" Act, is before the Senate

Sen. Briggs Hopson, III (R - Vicksburg) is presenting HB 211 to the Senate at the moment.  This is the bill that would allow agencies to hire their own outside counsel.  This bill has been discussed here before.  Oh yeah, this bill had its genesis in ALEC.

Hood: HB 122 would create "a system ripe for cronyism"

As previously reported, HB 122, the so-called "Sunshine Act" was taken up by Rep. Mark Baker (R-Brandon) and the House Judiciary A Committee at 8:30 a.m. this morning.  Baker, denying requests from numerous members of his own committee and Attorney General Jim Hood, refused to allow the Attorney General to testify or even speak during this morning's meeting.

Since that time, General Hood has issued the following press release:

JIM HOOD
ATTORNEY GENERAL

AG Warns New Bill Will Cause Chaos for State's Legal Business
February 7, 2012

Contact: Jan Schaefer
Public Information Officer
601-359-2002
jscha@ago.state.ms.us<mailto:jscha@ago.state.ms.us>

Jackson, MS-Attorney General Jim Hood today is warning that House Bill 122 introduced last night under the cover of darkness and passed out of the House Judiciary A Committee early this morning by Speaker Philip Gunn of Clinton and Representative Mark Baker of Brandon violates the constitution which gives the Attorney General the sole authority to speak in court with one voice on behalf of the state. The bill would allow state officials, agencies, boards, commissions, departments or institutions to hire their own outside attorneys over the Attorney General.

General Hood, who had a budget committee hearing this morning at 8:30 before the Senate, asked Mark Baker, Chairman of the House Judiciary A Committee, to give him a day to read the bill before he held a hearing on it, but Baker refused. When General Hood asked Baker to at least wait until he could finish his Senate budget hearing, Baker refused. When General Hood was allowed to leave the Senate Appropriations sub-committee hearing early, he went into the House hearing, but Baker refused to recognize General Hood so that he could advise the Committee members of the constitutional problems with the bill.

General Hood stated, "The people elected Philip Gunn, Mark Baker and me to work together, regardless of party. The least they could have done would have been to give the Committee members an opportunity to hear from the people's lawyer the truth about the bill. It is obvious that by the way they introduced this so-called "sunshine bill" under the cover of darkness last night and passed it out of committee at 8:30 this morning that they did not want the people to hear the truth. I hope the voters in Speaker Gunn's district in Clinton and Chairman Baker's district in Brandon will call them tonight and ask why they railroaded a bill through without even giving the people's lawyer an opportunity to speak to the committee."

State law makes the Attorney General the Chief Legal Officer of the State intrusted with management of all legal affairs of the state, and prosecution of all suits, civil or criminal, in which the state is interested, having power to control and manage all litigation on behalf of the state, and to maintain all suits necessary for enforcement of state laws, preservation of order, and protection of public rights. Kennington-Saenger Theatres, Inc. v. State ex rel. District Att'y, 196 Miss. 841, 18 So. 2d 483 (1944).

HB122 seeks to strip the Attorney General's constitutional authority and amend several state statutes in the process.

"The Attorney General is put in place to defend the state's interests and to provide a unified voice to the state on all legal matters," said Attorney General Hood. "If this bill passes, then agency heads with agendas and interests of their own will be allowed to pursue those interests on the taxpayers' dime over the states interest as a whole with no oversight. We have had several cases where agency directors have been sued for sexual harassment. Their interests have been to spend money defending a losing case; whereas, the state's interest was to settle the case and save money on lawyers."

Take for example, a recent case where the Department of Revenue hired their own lawyers who attempted to settle a case for approximately $3 million. The Attorney General pursued the same case and received $100 million for the state. Moreover, the $4 billion the state recovered from tobacco companies would have never occurred had this law been in place.

"What you have here is nothing more than an attempt to weaken the power of the Attorney General and to create a 'good ole boy' system of doing legal business in this state," said Attorney General Hood.

"I am so disappointed that I was not even allowed to address committee members, many of whom are newly elected lawmakers, to provide them with my perspective concerning the dangers of this bill," said Attorney General Hood. "The chairman of today's hearing refused to even allow me to testify."

The Attorney General added, "This bill creates a system ripe for cronyism, chaos, more government, duplication of services and is a severe waste of taxpayer dollars. It is not in the public interest or the way our constitution intended. Corporate wrongdoers and other criminals will celebrate if this bill passes. I hope lawmakers will see through this ludicrousness and do what is right."

###

So-called "Sunshine Act" rolled out under cover of darkness

During their short time in leadership, House Republicans have been a lot of things, transparent is not one of them.  The long awaited "Sunshine Act" is being forced through the process under the veil of darkness and will be placed in front of members of the House Judiciary B Committee in all of its glory at 8:30 a.m. tomorrow morning.  The bill was not available for review at close of business today but magically appeared online sometime this evening.

House Bill 122 is notable in that it delivers no "sunshine" or added accountability to the current pro-Mississippi litigation process.  A cursory review of the Act reveals that it is little more than a bare knuckled attempt to strip the Attorney General's Office of its Constitutional authority to manage litigation on behalf of the state and hold wrongdoers accountable.  It attempts to give state agencies, boards and commissions the unfettered ability to retain lawyers on a no-limit contingency fee basis and essentially subverts citizens' right to elect their own attorney.

If this bill were law, there would be no health care trust fund because then Governor Fordice and the Division of Medicaid could have stopped then Attorney General Mike Moore from filing the suit which resulted in a $4 billion settlement for Mississippi.  Further, had this proposed law been in effect, Mississippi would have been forced to settle the MCI Worldcom case for $3.5 million instead of the $100 million it ultimately received.

No Republican can say with a straight face that the current system doesn't work.  Over the last 7 years, the Attorney General has recovered over $500 million for the taxpayers of Mississippi without costing taxpayers a dime.

This is a politically motivated solution in search of a problem and proof that Republican "sunshine" is no more than a cynical ruse.

Attorney General Hood sets the record straight on Barbour's attempt to shift blame for Pardongate; says Barbour is "a desperate man"

Here is the full text of a press release from the office of Attorney General Jim Hood:

It is unfortunate that former Governor Barbour has made some misrepresentations about the role of our attorney assigned to the Mississippi Department of Corrections. At no time did our Assistant Attorney General assigned to MDOC advise the Governor or any of his assistants that there was no requirement for publication. The comments by former Governor Barbour are a shameful attempt to deflect blame for his office’s failure to confirm that the requirements of the Constitution had been met.

First, the special assistant attorney general, David Scott, who the governor has supposedly relied upon, has only one client, the DOC; he is housed there and works together daily with the Commissioner of Corrections, Chris Epps. He is the MDOC lawyer. Scott is not counsel to the Governor who had his own three staff attorneys advising him.

On November 28, 2011, Scott texted Daryl Neely with the governor’s office and said, “please refer to Section 124 of Constitution regarding pardons and notice”. So, the governor and his staff and his attorneys were given the law at that time and had plenty of time to make sure publications were done properly before his term expired. So what did the governor and his staff do? Nothing. In fact, Daryl Neely told David Scott on November 29th that the governor’s staff had discussed the Constitutional publishing requirements and “decided it wasn’t necessary.”

Not until December 6, after 5:03 p.m., (31 days before the pardons were issued), did Neely text back to David Scott that ““top guy” wants to go ahead and run notices” for mansion trusties, and a few minutes later provided a list of names. The next day, December 7, 30 days before the pardons were actually issued, David Scott confirmed for his client, MDOC, that MDOC would take care of publication for the in-custody inmates. David Scott’s job was to advise MDOC, and their job is to run prisons, not to issue pardons.

Neither David Scott, nor the AG, nor any AG staff ever talked to an inmate or provided legal advice to an inmate. At the direction of DOC, David Scott did in fact refer the Governor’s Office to Section 124, which the Governor chose to ignore. Later, David Scott passed along the ‘Top Guy’s” last minute request that MDOC do the task of getting the publications done.

Finally, the Constitution puts the duty on the convict to make the newspaper publication, saying “no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed…his petition for pardon….” The failure to comply cannot be excused because the governor took it upon himself and an agency he controls to do the required publications, then botched the job. And his attempt to shift the blame for his failure to a career staff attorney for MDOC, who advised him well in advance of the law’s requirements, is shameful .

I am disappointed to see the former governor out in the national media making untrue statements. This is a sideshow by Tom Fortner and the former Governor to divert attention from the fact that the former Governor has loosed his favored murderers upon the public without any legal authority to do so. These untruths and mischaracterizations are indeed the sign of a desperate man.

Rep. Bob Evans calls out Sen. Fillingane for retaliatory bills

In response to Senate Bills 2084 and 2102, Rep. Bob Evans (D-Monticello) has issued the following statement:

Republican Retaliates Against Hood for Work on Pardons

Mississippi House Democratic Caucus Press
Contact: Rep. Bob Evans
(601) 587-0615

January 16, 2012

Jackson, MS- In response to Attorney General Jim Hood’s efforts to stop former Gov. Haley Barbour’s release of over 200 Mississippi felons, including murderers, rapists and child sex offenders, a Republican senator has introduced a barrage of retaliatory legislation.

On Friday, two days after Hinds County Circuit Judge Tomie Green temporarily blocked the pardons of 21 current and former inmates at the request of Hood, Senator Joey Fillingane (R-Sumrall) introduced Senate Bills 2084 and 2102, bills aimed at limiting the powers of the Attorney General to hire outside legal counsel to prosecute complex claims on behalf of the State.

“This retaliatory stunt couldn’t come at a worse time,” said Rep. Bob Evans (D-Monticello). “At this moment, General Hood is working to recover tens of millions owed to the state’s retirement system, now is not the time to tie his hands.”

Democrats say S. B. 2084 and 2102 are aimed at keeping the Attorney General’s Office from recovering taxpayer money for egregious acts against the State. During his most recent term of office, Hood recovered over $500 million on behalf of Mississippi taxpayers in civil litigation that didn’t cost taxpayers a dime.

At issue is the Mississippi Attorney General’s Office’s ability to contract with outside counsel to represent the state for costly recovery actions. The practice has been the target of United States Chamber of Commerce funded entities such as the American Legislative Exchange Council for almost a decade. Fillingane, like a number of his Republican colleagues, is a member of ALEC.

“We were able to kill these efforts in the House during the last term,” Evans said. “But the Republicans are determined to make sure Jim Hood is blocked from making their big business cronies pay when they do bad things to the State of Mississippi.”

Ironically, Fillingane, as former Chair of the Senate Judiciary A Committee, killed at least three bills that would have provided “sunshine” on the Mississippi pardon system now under scrutiny by news outlets nation-wide.

Evans said, "This is simple retaliation against the only statewide official who has taken action to protect Mississippians from Republican recklessness.” Evans added, “Senator Fillingane failed Mississippi victims and families when he killed these bills before. We can’t afford to let him compound the problem by grounding our chief law enforcement officer.”

###

PRESS NOTES:

S.B. 2739 in 2009; S.B. 2130 and 2170 in 2010; S.B. 2118 in 2011 were killed in the Fillingane Committee.

As a private attorney, Fillingane urged the Miss. Supreme Court to allow a felon convicted of robbery and drug sale to be allowed visitation of his child, over the unwed mother’s objection in Christian v. Wheat, 876 So.2d 341 (Miss. 2004). The Court rejected his plea.

For more information on ALEC:

http://www.thenation.com/article/161978/alec-exposed

www.alecexposed.org

www.alec.org

What is it with Republicans named Phil insulting the electorate?

We all remember right before the election when Gov.-elect Phil Bryant (R) said that if the Personhood Amendment failed, then "Satan wins." Of course, Personhood failed the following day 58%-42%.

Well, now presumed Speaker nominee Rep. Philip Gunn (R-Clinton) says the following with respect to Attorney General Jim Hood's (D) reelection:

"I really don't know what people were thinking," Gunn said. "I don't know why they would vote for him, to be honest."

That's quite a gutsy statement to make about someone who just won with 61% of the vote. It's also very insulting to the 30% of Republicans who voted for Hood this time around.  Rep. Gunn, maybe they think Jim Hood is a good Attorney General.  That's certainly an explanation, isn't it?

Steve Simpson tried to defend getting Ruble out of jail once before...

Let's all not forget his comments on the Sid Salter Supertalk show on 7/21/10:

Salter: Alright. Let’s look at this from another angle. What about those that complain that even from appearances sake that there was something wrong with the commissioner of public safety picking up someone who had been charged with domestic violence. How do you respond to that?

Simpson: I guess my response to that is would it make a difference if it had been a speeding ticket or a traffic violation or even a DUI or if it had been for a old fine, is it the domestic violence that gives people the trouble or that a lifelong friend of thirty years called me in a time of need and I simply didn’t, call down there and went and got him.

Really? Equating domestic violence with a speeding ticket?!?

Video of Steve Simpson freeing a wife beater against judge's order makes it to YouTube

Here's the link to the video of Republican Attorney General nominee Stephen Simpson springing his buddy from jail early.  My favorite part?  I think it's the hearty handshake and the backslapping John Ruble gets as he's released.  Released from being jailed for beating his wife.

Here are previous Simpson-Ruble stories: The early release, the hidden campaign contribution, and Ruble getting arrested the night of a Simpson fundraiser for AGAIN beating his wife.

Steakgate- MS Democratic Party: Steve Simpson faces possible indictment, and should withdraw from AG race

From a Mississippi Democratic Party press release today:

Simpson should withdraw from AG’s race for falsifying state documents

Attorney General Candidate Steve Simpson apparently committed a felony when he falsified state documents to collect $400 for a lavish steak dinner held under the guise of a business meeting that never happened, said Rickey Cole, Executive Director of the Mississippi Democratic Party. "Given the revelations as reported in today's Clarion-Ledger that Simpson -- as an appointed state official -- falsified documents so he could be reimbursed for a so-called dinner meeting that never took place, there is no honorable alternative other than for him to withdraw from the race," said Cole. “This is the last straw in a sack full of straws for Mr. Simpson.”

As reported today, while he was Commissioner of the Mississippi Department of Public Safety Simpson filed false expense reports and collected more than $400 for a dinner meeting that allegedly was held with two state legislators and the Insurance Commissioner in 2009 at the Silver Star Casino in Philadelphia. Yet, all three of those officials – Representative Bennett Malone, Senator Billy Hewes and Commissioner Mike Chaney -- denied on Monday that Simpson ever bought them dinner or that the meeting, as described by Simpson, ever took place.

“Past abuses of taxpayer dollars, such as using the state plane for his own benefit and signing a lucrative state contract with a company that later hired him once he left his job as Commissioner of Public Safety, were bad enough,” said Cole. "But with these latest disclosures, Mr. Simpson has crossed a line," said Cole, "Surely, as a former circuit judge and prosecutor, he must know the penalties for filing a false document as a state employee."

According to the Mississippi Code of 1972, § 97-7-10:

(1) Whoever, with intent to defraud the state or any department, agency, office, board, commission, county, municipality or other subdivision of state or local government, knowingly and willfully falsifies, conceals or covers up by trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.

(2) This section shall not prohibit the prosecution under any other criminal statute of the state.

Simpson went as far as to create an agenda for the alleged meeting, complete with a "Questions and Answers" period and "Final Remarks." In addition, the state documents show that Simpson billed the state twice for the same hotel room he booked at the Silver Star.

"Steve Simpson wants to be Mississippi's top law enforcement officer. But if elected, how could he serve with a possible grand jury indictment facing him?" Cole asked.

Previous posts on "Steakgate", which is shaping up to be the largest story of the political season here and here. (The second post actually has a copy of the agenda Simpson prepared to bolster his apparently fraudulent claim for reimbursement.)

Oh, my. Simpson created an AGENDA for this meeting that didn't happen.

I just don't know what to say about this:

DPS Budget Meeting Agenda

Bear in mind, the only person who says they were at this meeting was Stephen Simpson. And, by the way, what are Sen. Billy Hewes (whose name Simpson misspells), Rep. Bennett Malone, and Insurance Commissioner Mike Chaney doing at a danged "DPS Budget Priorities Meeting" in the first place?

I think my favorite portion of the agenda may be the "final remarks" entry. Wonder if Simpson can tell us what those were?

Steve Simpson, $409.87, and the dinner that never happened

Jerry Mitchell's got a story up today in the Clarion-Ledger detailing how Republican Attorney General nominee Steve Simpson billed the state for a "DPS Budget Priorities Meeting" with Sen. Billy Hewes, Rep. Bennett Malone, and Insurance Commissioner Mike Chaney.

Why is this a big deal?  Because Simpson submitted his bill to the state so that he could be reimbursed for a $409.87 steak dinner at Miko's steakhouse in the Silverstar Casino.  And because the "DPS Budget Priorities Meeting" didn't happen.

When reached for comment, all three men who were supposed to be involved in this "budget meeting" said they weren't there.  From the story:

Malone, Hewes and Chaney all told The Clarion-Ledger they did not eat at Miko's with Simpson, nor did he pay for their meals.

Now think about that for a minute.  Steve Simpson billed the state for a meeting that never took place so that he could get reimbursement for a lavish dinner.  Let me introduce you to § 97-7-10 of the Mississippi Code of 1972:

(1) Whoever, with intent to defraud the state or any department, agency, office, board, commission, county, municipality or other subdivision of state or local government, knowingly and willfully falsifies, conceals or covers up by trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.

(2) This section shall not prohibit the prosecution under any other criminal statute of the state.

 More to follow....

New Jim Hood Ad

Here's Jim Hood's latest TV spot:

Now back to Steve Simpson's buddy John Ruble

O.k., before I was distracted by the Rep. Kevin McGee (R-Brandon) fiasco, I promised an answer concerning John Ruble's whereabouts on the night of the Steve Simpson "Haley Barbour" fundraiser late last month. (For the background, check here.) As you'll recall, Ruble had been arrested for domestic violence around Memorial Day in 2010. Steve Simpson, then the state Public Safety Commissioner, went down to the county jail and sprung Ruble prior to the end of the mandatory cooling off period.

In my last post about this, I mentioned that, even though Ruble was a host of Simpson's "Haley Barbour" fundraiser, you wouldn't have seen Ruble there if you'd gone. Now I'll show you why:

From John Ruble

So, what, dare you ask, was Steve Simpson's friend and backdoor-bailee arrested for? YOU GUESSED IT! Domestic violence, of course. His court date is October 20, 2011 at 9:00 a.m.

Meanwhile, women of Mississippi, Steve Simpson still wants to be your Attorney General.

Y'all remember GOP AG nominee Steve Simpson's buddy John Ruble, right?

You know, the John Ruble that Steve Simpson sprung from jail on domestic violence charges before the court-ordered cooling off period had ended? The John who was a "chairman"-level host for Steve Simpson's "Haley Barbour" fundraiser back on September 27th? The John Ruble who hid behind his corporation's name when making said host contribution?

Well, if you went to that fundraiser, you wouldn't have seen John Ruble there. Anybody care to guess why?

Answer coming shortly....

Attorney General Jim Hood: No one can touch PERS benefits. Where is Simpson on this issue?

Earlier this week, Attorney General Jim Hood sent a letter to the PERS Study Commission members that basically told them they could forget about making changes to benefits.  He attached an opinion on this subject from last year.  Here's an excerpt:

Citing two Supreme Court decisions as well as the U.S. and Mississippi Constitutions, this opinion makes it clear that employees acquire contractual rights at the time the employees join PERS, and that such rights may not be impaired. (Emphasis in original.)

Republicans, of course, are running scared from this issue, and many people are trying to figure out why Gov. Barbour would bring up such a politically sensitive issue at this time.

So the question is, where is Republican Attorney General nominee Steve Simpson on this issue? Will he break with Gov. Barbour like he did when he said BP should have been sued immediately? We'll find out soon, I'm sure.

Steve Simpson's old pal John Ruble comes through with some cash

Looks like Steve Simpson's buddy John Ruble (you know, the one arrested for domestic violence that Simpson sprung from jail without a judge's order or bail) is repaying Simpson for his efforts by hosting a fundraiser for him. You may not know that immediately, though, because you'd be looking for the name "John Ruble" on the invite, and it's not there. Instead, Ruble is giving the money through his company, Jadot Construction.

Here's Jadot Construction's Certificate of Formation, showing Ruble as the manager and registered agent:
Jadot Construction Certificate of Formation

And the invitation to the fundraiser:
Simpson Barbour Event

H/t to MajorityInMississippi.com

Ok, you've waited long enough: here's what Steve Simpson does for a living, and why it matters

Steve Simpson, the Republican nominee for Attorney General, was, until February 15, 2011, the Commissioner of the Mississippi Department of Public Safety. As Commissione, Simpson was responsible for approving all contracts with vendors who wished to do business with DPS.

One of the largest contracts Simpson signed as Commissioner was a $5,900,000.00 contract with L-1 Identity Solutions for automated drivers license kiosks. Simpson signed that back in 2008. Big deal, right?

Well, on February 2, 2011, 13 days prior to Simpson's planned exit from his job at DPS, Simpson signed a "change order" with L-1, which added an additional $63,600.00 to the price of the contract between DPS and L-1.

So, who, I ask, does Republican Attoreny General nominee Steve Simpson work for now? You got it, L-1 Identity Solutions. (Not that you'd know that from his Ethics filing, though.)

I have the documents to back all of this up, and will be posting them shortly.

Barbour in 2010: "Hood, please don't sue BP." Simpson in 2011: "Hood should have sued BP in 2010!"

In what has to be one of the worst political attacks in the last few cycles here in Mississippi, beleaguered Republican AG nominee Steve Simpson released a 5 page PDF and held a press conference attacking Attorney General Jim Hood for "waiting" to file suit against BP for the oil spill. And then he goes on to try to somehow assert that Attorney General Hood got campaign contributions from lawyers for said waiting.

Um, ok.

Here are the facts: On April 20, 2010, the Deepwater Horizon disaster began. Shortly thereafter, BP said that it would pay all claims relating to the disaster. Attorney Generals for Louisiana and Alabama went ahead and filed suit. Gov. Haley Barbour (with whom Simpson said he was "leading" while Hood was "waiting") asks AG Hood not to file suit against BP. Specifically, Gov. Barbour said "BP is paying claims by the thousands. If you go to court, that's going to stop all that." (Here are some articles discussing Barbour's request in detail.)

As for Hood getting campaign contributions for waiting, that makes absolutely no sense whatsoever. No lawyer worth his salt would rather wait to file suit. You would want to do that ASAP. So that's another part of this that is absurd.

Here's Attorney General Hood's official response:

“Mr. Simpson is patently playing politics with this absurd charge. While Simpson has been a no-show on this issue, Jim Hood has led the effort to hold BP and Ken Feinberg accountable to Coast residents. His record on this is clear. Simpson needs to make up his mind and decide whether he's on the side of Feinberg and BP or on the side of Coast residents. Even Simpson's own boss, Gov. Barbour, asked the Attorney General in July 2010 to hold off suing BP until the claims-paying process was complete. Simpson's logic is flawed and non-sensical.”