New TNJ edition alert: Kelsey sentencing recap, a 6th Circuit vacancy approaches
The latest print edition of The Tennessee Journal is out. Here is what’s in it:
— Final chapter in Kelsey chronicles? Ex lawmaker gets 21 months in prison for fundraising scheme.
— From the campaign trail: Rolli parts ways with consultant, Humble told to make full disclosure.
— Courtside seat: An opening on the 6th Circuit, a likely delay in the Casada case.
Also: Longtime head of the Tennessee Wildlife Federation passes away, Dolores Gresham goes after recalcitrant school boards, and Andy Ogles tries to tell the media how to cover the news.
As always, access the your copy of the TNJ here.
Or subscribe here.
Cothren says records would show he consulted for Sexton on speaker’s bid in 2019
Cade Cothren, a former top aide to then-House Speaker Glen Casada, claims in a motion filed in federal court Thursday evening that he was a close confidant to current Speaker Cameron Sexton when the chamber’s top leadership position opened up. Cothren also says Sexton was actively trying to help Cothren get a job as a lobbyist. The motion says Sexton’s behavior contrasts with is statements to federal prosecutors that he didn’t want anything to do with Cothren after the latter was forced out of his House job following a text messaging scandal and revelations he took drugs in his legislative office.
Cothren and Casada are facing federal public corruption charges related to the operation of a mysterious political called Phoenix Solutions. The trial is scheduled for Oct. 3.
Here’s an excerpt from the filing seeking an order for Verizon to turn over Sexton’s phone records:
After his resignation, Mr. Cothren remained heavily engaged with Speaker Sexton, who relied on Mr. Cothren’s expertise, especially during the 2019 special session race for the next Speaker of the Tennessee House of Representatives after former Speaker Glen Casada’s resignation.
Mr. Cothren was one of then-Representative Sexton’s most consistent confidants during his race for Speaker. The requested telephone and messaging records should show hundreds of telephone calls and corresponding messages between Mr. Cothren and Speaker Sexton during that critical time period and beyond.
The records from [encrypted messaging service] Confide, specifically, will show that Speaker Sexton was also regularly communicating with Mr. Cothren and other state employees on the encrypted messaging application during the relevant time period in the Indictment.
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. 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.
New TNJ edition alert: Intimidation allegations in public corruption case, parents fret about retention law
The latest print edition of The Tennessee Journal is here (a day early because of the approaching holiday weekend). Here is what’s in it:
— Prosecutors allege threats, intimidation in public corruption case.
— Parents fret about kids being held back due to third-grade test results.
—If drag show law is found unconstitutional, AG wants ruling to apply only to Shelby County.
Also: Freddie O’Connell wants “More Ville and less Vegas,” a rival gun rights group wants to “beat political asses” at the Tennessee Capitol, and Cameron Sexton says he’d do it all over again.
As always, access the your copy of the TNJ here.
Or subscribe here.
Cothren attorney criticizes, confirms TNJ reporting on volatile meeting with GOP leaders
An attorney for indicted former House staffer Cade Cothren has issued a statement criticizing The Tennessee Journal’s reporting about a heated chance encounter with current members of House Republican leadership. According to lawyer Cynthia Sherwood, the TNJ’s account is “riddled with inaccuracies that would take a total rewrite.” But she then goes on to confirm much of what appeared in the publication — and even expand on what occurred at the Nashville restaurant on President’s Day.
Here are the first three paragraphs of the story as it appeared in the print edition of this week’s Tennessee Journal:
House Republican leaders were caught in an uncomfortable situation when they ran into a controversial colleague and an indicted former top legislative staffer at Jeff Ruby’s Steakhouse in Nashville recently, witnesses recounted to The Tennessee Journal this week.
House Republican Caucus Chair Jeremy Faison of Cosby heard Rep. Todd Warner (R-Chapel Hill) was at the restaurant, so he walked over to the booth to say hello. Warner, who had his legislative office searched by the FBI in 2021, turned out to be dining with Cade Cothren, the former House chief of staff, and his girlfriend, Ava Korby. The latter angrily denounced Faison for his role in pushing out former Speaker Glen Casada of Franklin and because her mother, onetime legislative assistant Nadine Korby, had been fired after her computer was searched during the federal raid.
Faison noticed current House Speaker Cameron Sexton of Crossville — Casada’s successor — wandering toward the table and quickly wheeled away to walk him out the door before he could become the target of Cothren and Korby’s wrath. Just as they stepped outside, House Majority Leader William Lamberth of Portland approached the table and was subjected to a dressing down by both Korby and Cothren, with the latter shouting a profanity at him.
And here is what Cothren’s legal team had to say about it:
As Cade has promised from day one, he will be taking full advantage of the opportunity to prove his innocence in court, no matter who may find it uncomfortable. Unnamed sources continuing to attack Cade in the media may not find it so easy to spread their lies once they are under oath.
Recently, while enjoying dinner at a local restaurant, Cade was interrupted by Majority Leader William Lamberth and Republican Caucus Chairman Jeremy Faison, who barged their way up to Cade’s table and forced their way into his conversation uninvited.
Rather than harassing Cade, a private citizen at a restaurant, or going after a young lady in an anonymous article, I would hope Tennessee Republicans could focus on doing honest work for the citizens of our state.
Correcting the Tennessee Journal article riddled with inaccuracies would take a total rewrite, but for starters:
— Cade never left his seat, nor sought conversation. His own dinner conversation was interrupted when Republican Leadership forced their way in uninvited.
— Contrary to the events imagined in the article, Ava Korby simply reminded Chairman Faison that he knew her mother, and, in fact, trusted her mother enough to babysit his children. Ava criticized Chairman Faison for standing by while her mother was fired for no reason. Chairman Faison assured her “I love your mom” and blamed Speaker Cameron Sexton for the firing.
— Despite previous self-serving statements in the media attacking Cade’s integrity and innocence, Leader Lamberth stepped away from the table and privately told Ava, “I care about Cade, I would love to talk to him … he really hurt my feelings when he left [the legislature in 2019].”
These private comments are directly contrary to House Republican Leaders’ repeated public attacks through the media, which is why my client, Cade Cothren, did indeed tell Leader Lamberth to “go f**k himself.”
It’s unclear which parts of the missive are meant to highlight conflicts with the TNJ account. Cothren’s attorney even confirms he hurled a profanity at Lamberth. Though we hear the f-bomb also invoked the lawmaker’s mother.
So much for 6 months: Judge reschedules Phoenix Solutions trial for October 2023
As part of his request for delaying his trial on public corruption charges, former House Speaker Glen Casada’s attorney asked for putting off proceedings by 180 days, or six months. U.S. District Judge Eli Richardson nearly doubled that time in scheduling the trial to begin on Oct. 3, 2023.
Here’s the order:
Continue readingDefendant Casada’s Unopposed Motion to Continue Trial Date and Corresponding Deadlines (Doc. No. 24) and Defendant Cothren’s Motion to Continue Trial and to Extend Pretrial Deadlines (Doc. No. 25) are GRANTED. The trial in this case is rescheduled to October 3, 2023 beginning at 9:00 a.m. The pretrial conference is rescheduled to September 22, 2023 at 9:00 a.m. All lawyers who will try the case shall attend the pretrial conference; as indicated below, the time slot for the pretrial conference alternatively may (upon advance notice to the Court) be used as a change-of-plea hearing, but it is not intended to be a status conference and so counsel should plan and prepare accordingly.
All pretrial motions shall be filed no later than six weeks prior to trial. If a party does not meet this deadline, or any later deadline obtained via a timely motion to extend the deadline, it may be deemed to have waived any right to file pretrial motions. A response to a motion shall be filed within fourteen days after the filing of the motion. A reply in support of a motion, should the movant choose to submit one, shall be filed within seven days after the filing of the response.
Speedy Trial Act
The Defendants have filed waivers of speedy trial (Doc. Nos. 24-1 and 25-1, respectively). The Court concludes that the period of delay is reasonable and is excludable under the Speedy Trial Act, 18 U.S.C. §§ 3161, et seq. The Court specifically finds that the interests of justice served by granting the continuance outweigh the interests of the public and a Defendant in a speedy trial on the date previously scheduled. 18 U.S.C. § 3161(h)(7)(A), (B). The diminished weight of a Defendant’s interest in a speedy trial is reflected by his choice to submit a speedy trial waiver. Moreover, a Defendant is likely to be prejudiced if he is not adequately prepared for trial despite due diligence, and the public interest will not be served if such prejudice ultimately requires this case to be retried.
Change of Plea
Any plea agreement shall be consummated no later than two weeks before the above-stated trial date, and the Courtroom Deputy so notified. Likewise, if a Defendant opts to plead guilty without a plea agreement, the Courtroom Deputy shall be so notified no later than two weeks before the above-stated trial date. If a plea agreement is submitted or if a Defendant opts to plead guilty without a plea agreement, the hearing to take the plea will take place on September 22, 2023 at 9:00 a.m., or at such earlier time as the Court may schedule upon request of the parties.
Cothren also wants to punt federal trial date
Former legislative staffer Cade Cothren is following the lead of his onetime boss Glen Casada in seeking a delay in their trial on federal bribery and kickback charges.
Casada requested a delay of up to six months last week, noting prosecutors were not opposed to the motion. Cothren’s lawyer, who recently got the judge to approve pushing back the deadline for a motion by just one week, on Monday filed a similar request to put off the trial originally scheduled for Oct. 25.
Attorneys for both men say they plan to “vigorously defend” against the allegations made in the indictment.
Casada seeks up to 6-month delay for public corruption trial
Former state House Speaker Glen Casada (R-Franklin) is seeking a postponement of up to six months for his federal trial on public corruption charges. Proceedings had originally be scheduled to get underway.
According to his waiver of his right to a speedy trial, Casada wants the trial moved up to 180 days. If the postponement were anchored to his original Oct. 25 date, the trial would be rescheduled for no later than April 23 next year.
Casada’s attorneys write in the motion Friday that the delay is not opposed by federal prosecutors. The document makes no mention of codefendant Cade Cothren.
Here’s is the filing:
The defendant Glen Casada, through counsel, requests that this Court continue the trial of this matter, presently set for October 25, 2022, and all pretrial filing deadlines. In support, the defendant would show as follows:
1. On August 22, 2022, the Grand Jury for the Middle District of Tennessee returned the above referenced Indictment. (Dkt. 3).
2. The following day, Mr. Casada appeared with counsel and entered a Not Guilty plea. (Dkt. 10).
3. By Order entered August 24, 2022, this Honorable Court scheduled the trial of this matter to begin on October 25, 2022. (Dkt. 17).
4. After the parties agreement to the Government’s proposed protective order (see Dkt. 20), the Government produced pretrial disclosures to the defense on September 7, 2022. These materials included documents consisting of thousands of pages, multiple recordings, and contents of various devices seized and searched by law enforcement. Specifically, the production includes 805 files and 151 folders totaling 296 GB. The government’s cover letter accompanying the above referenced information also indicates that additional tranches of evidence will be produced in a later production.
5. Mr. Casada intends to vigorously defend against the allegations in the indictment. In order to effectively do so, both he and his counsel require sufficient time to evaluate and analyze all of the Government’s disclosures (both already made and to be made in the future), conduct his own investigation into the Government’s disclosures, and conduct his own independent investigation.
6. In light of the above, Mr. Casada submits that it is in the interest of justice to continue the trial of this matter so that he can adequately prepare. This request is grounded in Mr. Casada’s constitutional rights to due process, a fair trial, and effective assistance of counsel.
7. A speedy trial waiver is attached to this Motion.
8. Undersigned counsel has consulted with the U.S. Attorney’s Office regarding the requested relief. The Government does not oppose the Motion.
Cue the delay game? Cothren attorney seeks extension on motion
Under federal laws guaranteeing criminal defendants a trial within 70 days of entering a plea, U.S. District Judge Eli Richardson scheduled former state House Speaker Glen Casada and his onetime chief of staff Cade Cothren to start mounting their defense before a jury on Oct. 25.
Richardson ordered prosecutors and defense attorneys to make all pre-trial motions no later than six weeks before the scheduled start of the trial, or by Sept. 13. Cothren’s attorney Cynthia Sherwood on Tuesday asked the judge for a weeklong extension to decide whether she would make a motion for a bill of particulars, or a more detailed accounting by prosecutors about the allegations raised in the indictment.
Cothren and Casada technically have until Oct. 11 to decide whether they will waive their right to a speedy trial. But more motions to extend deadlines on interim filings might lead a decision to be made sooner.
UPDATE: Richardson approved the motion on Wednesday.
New TNJ edition alert: The end or the beginning on FBI probe?
The latest edition of The Tennessee Journal is out. Here is what’s in it:
— Are indictments the conclusion of FBI probe or opening gambit?
— Casada poised to lose legislative pension if he strikes plea deal.
— From the campaign trail: FEC flags filings for errors – but nothing yet on Andy Ogles, a temporary replacement for Mike Bell, and a soft landing for Amy Weirich.
— Obituary: Former longtime state research chief dies at 89.
Also: Bartlett puts ordinance seeking to limit campaign signs on hold, Shelby County clerk takes issue with being called AWOL for Jamaica trip, Asian-American groups oppose Biden’s nominee for federal prosecutor in the Eastern District, and Susan Lynn is sorry about all those things she said about Mae Beavers.
As always, access the your copy of the TNJ here.
Or subscribe here.
Achy breaky vendor? Informants say Smith called purported operative ‘Matthew Cyrus’
Three confidential informants within the Cordell Hull Building assisted federal investigators in a probe into the activities of former House Speaker Glen Casada, then-Rep. Robin Smith, and ex-legislative staffer Cade Cothren, according to court documents obtained The Tennessean’s Adam Friedman, Melissa Brown, and Mariah Timms.
An affidavit filed in support of the search of the FBI’s search of Smith’s home and electronic devices in January 2021 was apparently inadvertently left open for public perusal in East Tennessee federal court. The document has since been sealed, but not before the Tennessean reporters got their hands on it.
The affidavit recounts how the confidential informants began relaying details to investigators in May 2020, specifically about how Smith promoted a vendor called Phoenix Solutions to colleagues. According to Smith’s guilty plea earlier this year and last week’s indictments of Casada and Cothren, the outfit was run by Cothren and the two lawmakers allegedly received kickbacks for directing business to it.
The informants told the FBI there had been several gaps in the efforts by Smith and Casada to hid Cothren’s participation. They included his endorsement of checks meant for Phoenix Solutions and having money direct deposited into a Davidson County bank even though the company was ostensibly based in New Mexico.
Smith told caucus members Phoenix Solutions was run by a man named Matthew Phoenix who had previously worked for Jamestown Associates, a real political consulting company based in Washington. But investigators established nobody by that name had worked for Jamestown. After the meeting, Smith appeared to slip up while speaking to a confidential informant, calling the operative “Matthew Cyrus.” She later tried to correct herself by saying Cyrus was Phoenix’s middle name, the warrant said.
A third informant recorded a call in which Smith said she sometimes got confused because the consultant went by both Matthew Phoenix and Matthew Cyrus.
Meanwhile, Andy Sher of the Chattanooga Times Free Press reports Smith has asked for her sentencing to be delayed from its original date of Oct. 17 to at least the end of January 2023.
“The plea agreement . . . contemplates the defendant will cooperate with the government in this and related cases,” the motion said. “It is anticipated the defendant will testify in United States v. Casada.”
The judge in the Casada and Cothren case has scheduled the trial to begin Oct. 25, though it’s likely proceedings will be delayed if the defendants waive their right to a speedy trial.
UPDATE: Smith’s sentencing has been rescheduled for Jan. 30.
