So, Is Secretly Changing the TN Budget Protected Behavior, a Crime, Unethical or What?

It would appear the GOP leadership’s response to a legislator secretly changing the state’s budget will be based in politics and not principle. After the banner year the GOP enjoyed and the relationship gains they made with grassroots they look to be throwing it all away for political expediency.

The leadership of both the House and Senate know who made the changes. It seems they have no intention of telling us who it is. As both David Oatney and I have noted separately, it was not the Watergate break-in that brought down a President, it was the cover up. The GOP appears to be willing to roll those dice. Words cannot express my disappointment.

There is new information on several of the issues.

Attorney-Client Privilege (ACP):

When Doug Himes was asked who ordered the language change, he refused to answer citing ACP. Citizens were incredulous. Yet, Himes might be correct.

The rationale I was given is unflattering. It is to protect legislators from each other. Because legislators have stolen ideas for legislation from colleagues, ACP keeps attorneys from having to reveal to one lawmaker what other lawmakers are working on.

Yet there may be an avenue of approach here. I was on the Grassroots Radio Show from Memphis on Saturday. My hosts noted ACP prohibits revealing what transpires between an attorney and his client. However, it does not necessarily keep a client’s identity secret. Someone should contact Doug Himes a second time.

This is a Class E Felony:

The Tennessee Code Annotated (TCA) is quite clear. Section 39-16-402 lists criminal behavior by elected officials. Reasonable citizens across the state clearly see secretly changing budget language as a crime under this law.

Yet when members of the General Assembly (GA) contacted Tennessee’s Attorney General Robert Cooper, they were told no law was broken.

This is the same AG Cooper who refused to join more than 25 other Attorneys General to fight ObamaCare. It is the same AG who has no problem with red light cameras. He has other questionable rulings, as well. Of course, this does not make him wrong about this. Yet neither does it inspire confidence he is correct and an intelligent citizenry is mistaken.

This is an Ethics violation:

Well, yes … and, no … Normally, such a change to a bill would likely not even be attemtped. However, the conditions which existed in the Legisature when the change was made were not normal.

Both the House and the Senate have rules governing how bills are introduced and processed from start to finish which would keep this sort of thing from happening. At the end of each legislative session, both also suspend the rules to save time.

Such a suspension carries a downside, too. With the rules suspended, things which normally could not happen have the potential to happen. Legislators know this and keep a sharp eye on their bills during this time to make sure they are not tampered with. Such tampering the day after the rules are suspended is permissible whereas it would have been unthinkable the day before.

The change was made to the budget during a time in which the rules were suspended. Smarmy and unethical? Yes … Punishable as such? Technically, no …

The change was made to protect Tennessee:

The argument has been made that Senator Campfield’s original amendment was not only insufficient to accomplish the defunding of Planned Parenthood (PP), its inclusion would either expose the state to a lawsuit from PP or it would invite the sort of attention from the federal government currently being given to Indiana. It is being suggested the person changing the language had the best interests of the state in mind when doing so.

This might even be true. However …

If the unknown legislator was behaving within the bounds of attorney-client privilege; if his behavior is not illegal; if it is not unethical, and; if his action was undertaken with the good of the state of Tennessee in mind, why can we not find out who he is?

Why is he not being feted as a state hero? At a minimum, why is he not being identified and the GOP leadership not saying, “The change? What about it? Billy Bob over there did it and it’s no big deal.”

Instead, GOP leadership has adopted a siege mentality and, with few exceptions, is not returning calls or emails. In the rare case they do, no one will speak on the record.

The aggregate result here is a horrific end to a legislative session of which the GOP can rightly be proud. Instead of openly and roundly discussing their accomplishments with legitimate pride, legislators are silently holed up hoping for the storm to blow over.

Had they dealt openly and honestly with the public about this matter, even if it played out badly for one or more of their members, it would still have played well with the people of Tennessee. Instead, once again, politicians demonstrate they do not understand what is happening outside the walls of the Legislature and insist on covering their backsides.

For the moment, GOP leadership seems intent on keeping all of its almost 100 members twisting in the wind in the eyes and minds of the people to protect 1 or 2; politics continues to be the reason things are done and principles be damned; arrogance and elitism continue to guide politicians as opposed to transparency and securing the rights of the People.

In short, while much has changed in American politics in the last two years, the fight is far from over. It has taken us almost 100 years to stray this far from the wisdom of the men who crafted our nation. A great legislative session does not a turnaround make. It was tempting to believe we had come a long way. Sadly, it seems we haven’t even finished packing for the trip.

Stay tuned for more …

Tags: Attorney Client Privilege, David Oatney, De-funding Planned Parenthood in Tennessee, Doug Himes, GOP Leadership, Planned Parenthood, Secret Changes to Tennessee State Budget, Tennessee Attorney General Robert Cooper, Watergate Break In, Watergate Cover Up