Nashville District Attorney General Glenn Funk is calling for records relating to the recent search of his offices to be unsealed. He is also calling it a conflict of interest for Attorney General Jonathan Skrmetti’s office to be leading the probe into whether improper recording devices were used outside Funk’s offices.

According to the filing, a onetime assistant prosecutor who left Funk’s office last summer is now working for the unit investigating her former employer — who is also current client of the AG on several legal matters.

UPDATE: The AG’s office tells WTVF-TV the that “no former employees … are involved in the ongoing investigation, nor employed within the division handling the investigation.”

Funk has outraged Republican state lawmakers by announcing the city won’t prosecute the possession of small amounts of marijuana, abortion providers, or violations of a transgender bathroom sign law before it was halted in federal court.

Read the whole filing here:

IN THE CRIMINAL COURT FOR DAVIDSON COUNTY, TENNESSEE DIVISION IV

IN RE SEALED SEARCH WARRANT. Case No. 5810

RESPONSE OF DISTRICT ATTORNEY GENERAL GLENN FUNK AND REQUEST FOR RELIEF

District Attorney Glenn Funk, through counsel, requests a public hearing in this matter, at the conclusion of which General Funk will request that this Court order the unredacted release of all documents related to the Tennessee Bureau of Investigation search of the Office of the District Attorney General for the 20th Judicial District, which took place on March 24, 2023, and in particular, the following:]

1) The search warrant executed on or about March 24, 2023, at the office of the District Attorney for Davidson County, Tennessee (“Search Warrant”);

2) The application for the Search Warrant;

3) Any probable cause affidavits submitted in support of the Search Warrant;

4) The return of the Search Warrant;

5) Any motion or request to seal the records relating to the Search Warrant;

6) Any order sealing the Search Warrant related documents; and

7) Any other records submitted to this Court in connection with the Search Warrant.

This release will confirm that any probable cause for this search warrant was predicated on either one or more individuals providing false information to law enforcement or a misapplication of the law.

As grounds, District Attorney Glenn Funk would show:

1. Glenn Funk has been an attorney in good standing with the Tennessee Bar since 1985. He was elected District Attorney by the voters of Davidson County on May 6, 2014 and reelected on May 3, 2022.

2. General Funk has an AV rating by Martindale Hubbell, signifying a top rating for ethics and expertise in the law.

3. General Funk teaches Crimes and Constitutional Criminal Law at the Nashville School of Law and teaches Trial Advocacy at Vanderbilt Law school. General Funk is a respected legal scholar. As General Funk stated to Attorney General Skrmetti on February 13, he “knows what the law allows and knows what the law prohibits.” (Id.) General Funk always follows the law.

4. Beginning May 4, 2022, the day after General Funk’s reelection and continuing to the present, Mr. Williams has made over 100 contacts, FOIA requests, demands for comments and ambush interviews of General Funk and members of his office, including going to their homes.

5. Since November 1, 2022, Channel 5 has broadcast over a dozen stories regarding General Funk totaling over 45 minutes of airtime. Channel 5 and/or Channel 5 employees have pushed negative stories in their social media platforms as well.

6. Mr. Williams has pushed state legislators to make negative comments about General Funk. He also made demands to the Comptroller and the Attorney General to open investigations of General Funk.

7. General Funk leads an office of 70 attorneys and 90 support staff who handle over 40,000 criminal cases annually. General Funk is responsible not only for the prosecution of these cases but for proper allocation of budget resources, human resources issues, and the safety and security of members of his office.

8. In 2001, under then District Attorney Torry Johnson, the District Attorney’s Office moved from the Historic Courthouse to Washington Square, a public building on Second Avenue. General Johnson installed limited security, including audio and video in the reception area and video in the hallways of the office.

9. The Christmas Day bombing in 2020 severely damaged much of the Washington Square building. A substantial number of District Attorney office members had to be relocated into other space within the building. Repairs to the building continued from December 2020 until mid-2022. During the repairs, the District Attorney’s Office was even less secure than normal, as Washington Square opened roof access through the office for construction workers.

10. Once this access was closed, General Funk along with Deputy District Attorneys Roger Moore and Amy Hunter directed the IT head to contact the TBI to do a complete security sweep to make sure the office was secure from any electronic surveillance devices. The TBI conducted this search on October 12, 2022. The TBI never sent a report on this sweep. To his surprise, General Funk discovered in early February that the TBI only swept four offices and did not do the complete sweep requested. When asked on March 24, 2023 why the TBI had not performed the complete sweep as requested, TBI Agent Neese responded, “that was our call.” Agent Neese did not elaborate as to why the TBI limited their search.

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