Tom Kovach
Tennessee case should be watched nationwide
Has elements that started the American Civil War
By Tom Kovach
There is a political "Molotov cocktail" rolling across Tennessee, and the outcome of the case could ignite every other state. The ingredients have been building up pressure since long before the FBI's "Operation Tennessee Waltz" produced indictments of corruption against several state legislators. And, the spark is still centered near John Ford: alias "Senator Stud." The testimony that earned him that nickname also made him the grist for a Jay Leno monologue. (Those of us that have walked the halls of Legislative Plaza in downtown Nashville knew that he would end up on late-night comedy someday.) But, just as a series of seemingly unrelated events sparked the American Civil War (known here as the War of Northern Aggression), so the sparks now flying between Nashville and Memphis could ignite political flames across the country. The situation deserves more attention than it has received so far.
Among others, John Ford was indicted last year for taking bribes from an FBI confidential informant, who posed as a lobbyist for a fictitious corporation. The difference is that Ford was also caught, on videotape, making threats to kill the informant. After the tapes aired on TV news across the state, Ford resigned. Of course, long before his resignation, he had: 1) fathered several illegitimate children, 2) taken up residence (with his mistress) outside his political district, and 3) aggressively sponsored legislation that would put heavy restrictions upon competitors of his family-owned funeral business. (While facing charges in Family Court, Ford sponsored legislation to reduce penalties for evading child support. That was his ticket to the "Jerry Springer Award" from Leno.) Oh, and then there was that time when he cut off a trucker while speeding down the highway. The trucker was in the process of writing down Ford's license plate number, when a bullet hole "mysteriously" appeared in the truck. At trial, Ford testified that all he had done was open up his sunroof, and shake his cell phone at the driver. Ford was later acquitted — apparently because of political interference.
After he resigned last year, a special election was held to replace John Ford. Immediately after that election — which sister Ophelia Ford won with only a 13-vote margin — Republican Terry Roland challenged its validity. An investigation revealed that dead people, felons, and others with empty lots as their claimed residence, were among the voters for Ophelia Ford. And, a local election official, whose named was signed on the election precinct's official tally sheet, was proven to have been shopping in New York City on the day of the election! So, the State Senate voted to expel Ophelia Ford. Under the state's Constitution (Article II, Section 12, Constitution of 1870), the Senate can do that. Ophelia Ford decried the move as "about racism." Then, she filed a lawsuit against the state, seeking to have the Senate's move overturned. The judge had been recommended for the bench by now-retired Congressman Harold Ford, Sr. — another of Ophelia's brothers. (Her nephew, Harold Ford, Jr., now occupies that Congressional seat. And, another brother sits on the county election commission — which could decide who occupies the interim seat.) Within only a few days, the court decided in favor of Ophelia Ford. Nonetheless, Harold Ford, Sr., still plans to play the race card by suing the newspaper for reporting the election fraud.
So, what makes this a national story?
In an apparent case of judge-shopping, Ophelia Ford filed her action in Federal court. But, the case hinges totally upon a State matter. The judge has temporarily blocked the Senate from ousting Ford. But, does the court even have jurisdiction over the matter? Ultimately, it becomes a question of states' rights. If the Ford camp wins, then similar lawsuits could appear nationwide.
The War of 1861 was about states' rights, not slavery. Both before and after his election as president, Abraham Lincoln made speeches against racial equality. (He got straight to the point on 18 September 1858. Lincoln's administration enforced the Fugitive Slave Act of 1850.) By contrast, Robert E. Lee was against slavery. (And, the Confederate Constitution — Article I, Section 9 — actually banned the importation of slaves ... except from the United States!) When the South talked of seceding, Lincoln ordered a naval embargo against Southern ports. That caused the firing upon Fort Sumter. The current question is whether a state legislature has the right to police its own, without outside interference. According to the Tenth Amendment of the United States Constitution, it does. According to Ophelia Ford, it doesn't. If she wins, the case could hobble other self-policing legislatures, and champion political corruption. Is that what American voters want? Keep an eye on this case!
© Tom Kovach
There is a political "Molotov cocktail" rolling across Tennessee, and the outcome of the case could ignite every other state. The ingredients have been building up pressure since long before the FBI's "Operation Tennessee Waltz" produced indictments of corruption against several state legislators. And, the spark is still centered near John Ford: alias "Senator Stud." The testimony that earned him that nickname also made him the grist for a Jay Leno monologue. (Those of us that have walked the halls of Legislative Plaza in downtown Nashville knew that he would end up on late-night comedy someday.) But, just as a series of seemingly unrelated events sparked the American Civil War (known here as the War of Northern Aggression), so the sparks now flying between Nashville and Memphis could ignite political flames across the country. The situation deserves more attention than it has received so far.
Among others, John Ford was indicted last year for taking bribes from an FBI confidential informant, who posed as a lobbyist for a fictitious corporation. The difference is that Ford was also caught, on videotape, making threats to kill the informant. After the tapes aired on TV news across the state, Ford resigned. Of course, long before his resignation, he had: 1) fathered several illegitimate children, 2) taken up residence (with his mistress) outside his political district, and 3) aggressively sponsored legislation that would put heavy restrictions upon competitors of his family-owned funeral business. (While facing charges in Family Court, Ford sponsored legislation to reduce penalties for evading child support. That was his ticket to the "Jerry Springer Award" from Leno.) Oh, and then there was that time when he cut off a trucker while speeding down the highway. The trucker was in the process of writing down Ford's license plate number, when a bullet hole "mysteriously" appeared in the truck. At trial, Ford testified that all he had done was open up his sunroof, and shake his cell phone at the driver. Ford was later acquitted — apparently because of political interference.
After he resigned last year, a special election was held to replace John Ford. Immediately after that election — which sister Ophelia Ford won with only a 13-vote margin — Republican Terry Roland challenged its validity. An investigation revealed that dead people, felons, and others with empty lots as their claimed residence, were among the voters for Ophelia Ford. And, a local election official, whose named was signed on the election precinct's official tally sheet, was proven to have been shopping in New York City on the day of the election! So, the State Senate voted to expel Ophelia Ford. Under the state's Constitution (Article II, Section 12, Constitution of 1870), the Senate can do that. Ophelia Ford decried the move as "about racism." Then, she filed a lawsuit against the state, seeking to have the Senate's move overturned. The judge had been recommended for the bench by now-retired Congressman Harold Ford, Sr. — another of Ophelia's brothers. (Her nephew, Harold Ford, Jr., now occupies that Congressional seat. And, another brother sits on the county election commission — which could decide who occupies the interim seat.) Within only a few days, the court decided in favor of Ophelia Ford. Nonetheless, Harold Ford, Sr., still plans to play the race card by suing the newspaper for reporting the election fraud.
So, what makes this a national story?
In an apparent case of judge-shopping, Ophelia Ford filed her action in Federal court. But, the case hinges totally upon a State matter. The judge has temporarily blocked the Senate from ousting Ford. But, does the court even have jurisdiction over the matter? Ultimately, it becomes a question of states' rights. If the Ford camp wins, then similar lawsuits could appear nationwide.
The War of 1861 was about states' rights, not slavery. Both before and after his election as president, Abraham Lincoln made speeches against racial equality. (He got straight to the point on 18 September 1858. Lincoln's administration enforced the Fugitive Slave Act of 1850.) By contrast, Robert E. Lee was against slavery. (And, the Confederate Constitution — Article I, Section 9 — actually banned the importation of slaves ... except from the United States!) When the South talked of seceding, Lincoln ordered a naval embargo against Southern ports. That caused the firing upon Fort Sumter. The current question is whether a state legislature has the right to police its own, without outside interference. According to the Tenth Amendment of the United States Constitution, it does. According to Ophelia Ford, it doesn't. If she wins, the case could hobble other self-policing legislatures, and champion political corruption. Is that what American voters want? Keep an eye on this case!
© Tom Kovach
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