Tennessee has hired a former Trump White House associate counsel to represent Secretary of State Tre Hargett and Elections Coordinator Marks Goins in an ongoing controversy after the Tennessee Division of Elections in June sent out 14,375 letters demanding proof of U.S. citizenship and noting penalties for illegal voting.
On July 3, Gov. Bill Lee signed off on hiring Gilbert Dickey at an hourly rate of $450 to represent the state in “pre-litigation and litigation” related to the June mailing campaign that sparked heated controversy over claims of voter intimidation.
State officials defended the letters as an effort to prevent voter fraud and maintain state voter rolls, but it’s unclear if the office followed state law. The letters were sharply criticized by Democrats and voting rights advocates, while U.S. citizens who received the letters said they felt like an “intimidation tactic.”
The American Civil Liberties Union quickly threatened a lawsuit over the mail campaign, leading the Secretary of State’s office to clam up to further questioning about how the process complied with state law that requires elections officials to notify a voter’s county election commission, not the voter directly, if there is evidence that a registered voter is not a U.S. citizen.
No lawsuit has been filed, but Dickey’s hiring suggests Tennessee didn’t take ACLU’s threat lightly.
Dickey, a former West Virginia assistant solicitor general, clerked for Supreme Court Justice Clarence Thomas before briefly serving as associate counsel to President Donald Trump in the fall of 2020. Dickey is now a partner at the Washington law firm Consovoy McCarthy.
The July 3 appointment letter for Dickey also authorizes the state to pay any other Consovoy attorneys $450 an hour to work on the case, with non-attorney staff authorized for a $100 hourly rate.
The Tennessee Attorney General’s Office regularly appoints external counsel in certain cases, outsourcing legal work even as the office’s payroll rose to $53 million this year.
Last year, Tennessee hired another Consovoy attorney to represent Tennessee in an ongoing lawsuit against the state’s new law banning gender transition treatments for minors. That case will be argued in front of the Supreme Court later this year.
Adam Mortara, a Nashville-based attorney, was also hired on an hourly basis on the gender-affirming care case, though an August 2023 letter obtained by The Tennessean shows Lee later authorized the state to pay Mortara’s firm a flat monthly rate of $10,000 for up to two years.
This year, Tennessee appointed another Trump-connected external attorney to “advise” the Tennessee Department of Transportation and its commissioner on the state’s impending toll road initiative.
DJ Gribbin, a one-time top adviser dubbed Trump’s “infrastructure czar,” left the White House after the president’s signature 2018 infrastructure package stalled in Congress.
Gribbin and any attorneys at his Virginia firm, Madrus, will earn an hourly rate of $450 for work on Tennessee’s “choice lane” program.
Lee ‘very pleased’ with election outcome, says results will boost voucher push
Lee touted his successful endorsements in the Aug. 1 election this week, saying that many of the endorsements he made in state legislative primaries were based on the candidate’s position on school vouchers. Lee called the night “a really good night for parents who believe that school choice is important.”
“The elections last Thursday night were pretty strongly clear on that issue,” Lee said. “The elections that were primarily about school choice, in those cases, those who believe in choice won those races. So I was very pleased with the outcome.”
Lee did not specifically mention the fall of his ally, Senate Education Chairman Jon Lundberg, but said that while he has not yet called Lundberg’s opponent Bobby Harshbarger since the election, he intends to “reach out to everyone.”
Lee said he is hopeful there will be support in the legislature for his school voucher proposal when he brings it back next year.
“I think there will be,” he said. “I think it’s an issue of giving every child equal access to opportunity in spite of their income level, in spite of their demographic. As it is now, every child in this state does not have equal access to educational opportunities, and we should make that possible.”
After listing him on mailers, Ogles says Beaman is not his treasurer
U.S. Rep. Andy Ogles confirmed an inaccuracy on multiple campaign mailers distributed to voters in his district, telling reporters on election night that Nashville auto magnate Lee Beaman is not, in fact, his campaign treasurer.
Ogles’ campaign produced multiple mailers and hand cards during the primary cycle — all of which listed Beaman as his campaign treasurer. Beaman has not been listed as treasurer on Ogles’ filings with the Federal Election Commission since August 2022.
According to FEC documents, Ogles’ campaign treasurer is Thomas Datwyler, of Ax Capital Compliance, who in the last few weeks was finally listed on Ogles’ campaign website, replacing Beaman.
The Trump-endorsed freshman congressman told reporters on election night that he doesn’t make the mailers — then promptly stopped answering questions.
From recent FEC filings, it appears Beaman may have used an independent political action committee to skirt federal contribution limits to Ogles’ campaign.
For much of the 2022 cycle, Beaman was the sole donor to a new political action committee, Volunteers for Freedom PAC, funding it with a $50,000 contribution, according to FEC filings. The PAC then went on to spend much of those funds backing Ogles. At the time, Beaman was listed on Ogles’ campaign website as campaign treasurer, and he remained listed there until a few weeks ago.
Federal law prohibits coordination on ad buys between independent PACs and the candidates they support.
Ogles denied coordination with Beaman’s Volunteers for Freedom PAC multiple times in 2022.
After Ogles’ campaign fundraising fell short of his Republican challenger this year, Beaman gave the PAC another $10,000 on June 28 — the only contribution to the PAC so far this cycle. Volunteers for Freedom then swooped in to spend more than $15,000 on digital ads to boost Ogles in the final days of the campaign.
Shortly after the election, the FBI confiscated Ogles’ phone in a probe believed to be centered on his campaign finance dealings, Ogles confirmed this week.
Lee reaffirms support for Trump after former president derided him as RINO
Days after Trump called Lee — who has endorsed his bid for the White House — a RINO, or Republican in name only, Lee reaffirmed his support for Trump.
“We need strong leadership in the White House, and we need President Trump to fill that slot for strong leadership,” Lee told reporters on Wednesday.
Trump denounced Lee, who is chairman of the Republican Governors Association, in a social media post touting his own endorsement wins in last Thursday’s primary election. Trump had backed Harshbarger, a Kingsport pharmacist and son of Trump loyalist U.S. Rep. Diana Harshbarger. Lee had backed incumbent Lundberg in the race; Lundberg sponsored Lee’s signature statewide school voucher legislation last year. Harhsbarger won.
While Lee has been a vocal supporter of Trump, he had held off on an endorsement until after Trump won the Republican presidential primary in Tennessee this spring, arguing that he had a responsibility to stay out of primary politics.
“I can’t really explain what that was about,” Lee said, of Trump’s RINO needling. “But yeah, I mean, it doesn’t change anything about how I feel about what we’re doing or where we’re going. And everybody has their own style. The president has his. And you know, I certainly am hopeful that his style leads to him continuing to lead and be elected.”
“But I can’t really explain what happened there,” he added.
Robin Smith anticipated to testify against Casada, Cothren at November trial
Attorneys for Robin Smith, the former Tennessee state representative who quickly pleaded guilty to a wire fraud charge connected with an alleged scheme run by former state House Speaker Glen Casada and one of his top aides, said it is anticipated she will testify against them.
The unsurprising news came out in an unusual court filing by Smith’s lawyer in the criminal case against Casada and his former chief of staff Cade Cothren.
Sometime in July, federal prosecutors apparently sent to Casada and Cothren’s attorneys files of the “entire forensic image” of Smith’s seized cell phone, which included protected materials like communications between her and her attorneys that were supposed to be removed before the government or anyone else viewed the phone’s contents. Smith’s lawyer is trying to intervene in the case to suppress the privileged contents from being used in court.
Casada and Cothren’s trial has been pushed back several times, but it’s currently set to begin Nov. 6.
Lees attended Netanyahu speech to reaffirm Tennessee’s commitment to Israel
Last month, Lee and first lady Maria Lee quietly traveled to Washington to attend a joint session of Congress to hear Israeli Prime Minister Benjamin Netanyahu’s address ― on his first trip abroad since Israel’s war with Hamas started.
The visit was a stopover for the Lees on the way back to Nashville from London, where the couple had joined Economic and Community Development Commissioner Stuart McWhorter on a trip “to promote the state” to foreign companies considering investment here.
According to email records of travel coordination obtained by The Tennessean through a public records request, the governor flew back a day earlier than he’d planned from the London trip in order to make Netanyahu’s speech. The business class airfare for the London trip cost taxpayers $18,935, according to expense records obtained by The Tennessean. In Washington, they stayed at the 4-star, $520 per night AC Hotel on Capitol Hill. Following the speech, the Lees flew in Southwest economy back to Nashville, according to expense records.
It’s not clear why Lee felt the need to personally reaffirm the Volunteer State’s commitment to Israel to Netanyahu. The governor’s office did not respond to an inquiry on his reasons for the visit.
Lee has for years described Israel as “our closest ally.” Since the Oct. 7 attack on southern Israel last year, Lee has repeatedly condemned Hamas’ attack on Israel and antisemitism in general, directed the Department of Safety to offer support to synagogues, affirmed the state’s commitment to Israel, and met with members of Nashville and West Tennessee Jewish communities. Lee also signed a proclamation in May acknowledging “unspeakable persecution and a rise in antisemitism” since the Oct. 7 attack, and pledging a commitment to “shining a light on the atrocities Israeli people have endured while standing in unwavering solidarity with the Jewish community.”
Tennessee officials do not have diplomatic foreign relations with Israel. There is one Israeli-owned company currently operating in the state, according to TNECD records. No other governors appear to have attended the address, though SpaceX CEO Elon Musk was reportedly also present. The governor’s office did not announce his visit to Washington on his public schedule.
“Honored to hear Prime Minister @netanyahu’s joint address to Congress & express TN’s unwavering support for the Nation of Israel,” Lee wrote in a social media post after the speech. “TN stands against horrific acts of antisemitism in the US & abroad, & we pray that God will deliver Israel from her enemies both now & forevermore.”
While in town, the Lees also met with members of Tennessee’s congressional delegation, including Rep. John Rose and his wife, Chelsea.
“I have a great deal of appreciation and respect for Gov. Bill Lee and First Lady Maria Lee who went to great effort to attend today’s Joint Session of Congress in support of Israel. Leaders everywhere must recognize the critical nature of our alliance with Israel.”
Catch up on the week:
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Publish date : 2024-08-08 23:07:00
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