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Tag: Tennessee state government

  • Tennessee’s House expels 2 of 3 Democrats over guns protest

    Tennessee’s House expels 2 of 3 Democrats over guns protest

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    NASHVILLE, Tenn. (AP) — In an extraordinary act of political retaliation, Tennessee Republicans on Thursday expelled two Democratic lawmakers from the state Legislature for their role in a protest calling for more gun control in the aftermath of a deadly school shooting in Nashville. A third Democrat was narrowly spared by a one-vote margin.

    The split votes drew accusations of racism, with lawmakers ousting Reps. Justin Jones and Justin Pearson, who are both Black, while Rep. Gloria Johnson, who is white, survived the vote on her expulsion. Republican leadership denied that race was a factor, however.

    The visitors’ gallery exploded in screams and boos following the final vote. After sitting quietly for hours and hushing anyone who cried out during the proceedings, people broke into chants of “Shame!” and “Fascists!”

    Banishment is a move the chamber has used only a handful times since the Civil War. Most state legislatures have the power to expel members, but it is generally reserved as a punishment for lawmakers accused of serious misconduct, not used as a weapon against political opponents.

    GOP leaders said Thursday’s actions were necessary to avoid setting a precedent that lawmakers’ disruptions of House proceedings through protest would be tolerated.

    Republican Rep. Gino Bulso said the three Democrats had “effectively conducted a mutiny.”

    At an evening rally, Jones and Pearson pledged to be back at the Capitol next week advocating for change.

    “Rather than pass laws that will address red flags and banning assault weapons and universal background checks, they passed resolutions to expel their colleagues,” Jones said. “And they think that the issue is over. We’ll see you on Monday.”

    Jones, Pearson and Johnson joined in protesting last week as hundreds of demonstrators packed the Capitol to call for passage of gun-control measures. As the protesters filled galleries, the three approached the front of the House chamber with a bullhorn and participated in a chant. The scene unfolded days after the shooting at the Covenant School, a private Christian school where six people were killed, including three children.

    Pearson told reporters Thursday that in carrying out the protest, the three had broken “a House rule because we’re fighting for kids who are dying from gun violence and people in our communities who want to see an end to the proliferation of weaponry in our communities.”

    Johnson, a retired teacher, said her concern about school shootings was personal, recalling a day in 2008 when students came running toward her out of a cafeteria because a student had just been shot and killed.

    “The trauma on those faces, you will never, ever forget,” she said.

    Thousands of people flocked to the Capitol to support Jones, Pearson and Johnson on Thursday, cheering and chanting outside the House chamber loudly enough to drown out the proceedings.

    The trio held hands as they walked onto the floor and Pearson raised a fist during the Pledge of Allegiance.

    Offered a chance to defend himself before the vote, Jones said the GOP responded to the shooting with a different kind of attack.

    “We called for you all to ban assault weapons, and you respond with an assault on democracy,” he said.

    Jones vowed that even if expelled, he would continue pressing for action on guns.

    “I’ll be out there with the people every week, demanding that you act,” he said.

    Bulso accused Jones of acting with “disrespect” and showing “no remorse.”

    “He does not even recognize that what he did was wrong,” Bulso said. “So not to expel him would simply invite him and his colleagues to engage in mutiny on the House floor.”

    The two expelled lawmakers may not be gone for long. County commissions in their districts get to pick replacements to serve until a special election can be scheduled and they could opt to choose Jones and Pearson. The two also would be eligible to run in those races.

    Under the Tennessee Constitution, lawmakers cannot be expelled for the same offense twice.

    During discussion, Republican Rep. Sabi Kumar advised Jones to be more collegial and less focused on race.

    “You have a lot to offer, but offer it in a vein where people are accepting of your ideas,” Kumar said.

    Jones said he did not intend to assimilate in order to be accepted. “I’m not here to make friends. I’m here to make a change for my community,” he replied.

    Fielding questions from lawmakers, Johnson reminded them that she did not raise her voice nor did she use the bullhorn — as did the other two, both of whom are new lawmakers and among the youngest members in the chamber.

    But Johnson also suggested race was likely a factor on why Jones and Pearson were ousted but not her, telling reporters it “might have to do with the color of our skin.”

    That notion was echoed by state Sen. London Lamar, a Democrat representing Memphis.

    Lawmakers “expelled the two black men and kept the white woman,” Lamar, a Black woman, said via Twitter. “The racism that is on display today! Wow!”

    However, House Speaker Cameron Sexton, a Republican who voted to expel all three, denied that race was at play and said Johnson’s arguments might have swayed other members.

    “Our members literally didn’t look at the ethnicity of the members up for expulsion,” Majority Leader William Lamberth added. He alleged Jones and Pearson were trying to incite a riot last week, while Johnson was more subdued.

    In Washington, President Joe Biden also was critical of the expulsions, calling them “shocking, undemocratic, and without precedent.”

    “Rather than debating the merits of the issue (of gun control), these Republican lawmakers have chosen to punish, silence, and expel duly-elected representatives of the people of Tennessee,” Biden said in a statement.

    Before the expulsion votes, House members debated more than 20 bills, including a school safety proposal requiring public and private schools to submit building safety plans to the state. The bill did not address gun control, sparking criticism from some Democrats that it only addresses a symptom and not the cause of school shootings.

    Past expulsion votes have taken place under distinctly different circumstances.

    In 2019, lawmakers faced pressure to expel former Republican Rep. David Byrd over accusations of sexual misconduct dating to when he was a high school basketball coach three decades earlier. Republicans declined to take action, pointing out that he was reelected as the allegations surfaced. Byrd retired last year.

    Last year, the state Senate expelled Democrat Katrina Robinson after she was convicted of using about $3,400 in federal grant money on wedding expenses instead of her nursing school.

    Before that, state lawmakers last ousted a House member in 2016 when the chamber voted 70-2 to remove Republican Rep. Jeremy Durham over allegations of improper sexual contact with at least 22 women during his four years in office.

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  • Tennessee says pair gave incorrect execution drug testimony

    Tennessee says pair gave incorrect execution drug testimony

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    NASHVILLE, Tenn. (AP) — Two of the people most responsible for overseeing Tennessee’s lethal injection drugs “incorrectly testified” under oath that they were testing the chemicals for bacterial contamination, the state attorney general’s office conceded in a court filing.

    The revelation comes on the heels of an independent report that found Tennessee has never fully tested drugs for its executions since rewriting the state’s lethal injection protocol in 2018. The state employee tasked with finding the drugs and the private-sector pharmacist who provides them were singled out in the state’s court filing for incorrectly testifying.

    The Tennessee Department of Correction fired its top attorney and inspector general following the independent review completed last month.

    State officials will try to craft a new protocol for putting inmates to death that addresses what went wrong as Tennessee’s pause on executions, initially prompted by the COVID-19 pandemic, stretches on. Key agreements in federal court likely will keep executions off the table until a new protocol is established and any ensuing legal challenges play out.

    The state’s admission last week about the testimony in the handling of the deadly drugs came in a court challenge by a death row inmate, Donald Middlebrooks.

    The inmate’s attorney, Kelley Henry, has asked a judge to broaden the rules for preserving evidence out of concern that some documents could be destroyed or lost, especially as department leaders, including a new commissioner, are switched out.

    Henry, who works in the federal public defender’s office, noted the Tennessee attorney general’s office promised in May to “correct any inaccuracies and misstatements” in filings in the Middlebrooks case and in the case of a second death row inmate “once the truth has been ascertained.”

    The state hasn’t corrected anything yet, even though some “inaccuracies” or “misstatements” are “quite obvious,” Henry wrote. She cited sworn testimony from the pharmacist and drug procurer in July 2021 depositions that the lethal injection chemicals were tested for endotoxins.

    The independent report later found drugs were not tested for endotoxins in any execution attempts since a new three-drug protocol was implemented in 2018. That included the planned April 2022 execution of Oscar Smith, which was halted at the last minute, spurring the investigation.

    The names of the pharmacist and drug procurer are kept secret by state law, along with many other aspects of the death penalty process. Critics have said the secrecy is part of the reason the execution system problems went undetected for so long.

    After the pharmacist first testified that the drugs are tested for endotoxins, the investigation found he later said he didn’t know endotoxin testing was required, Henry wrote. The drug procurer, meanwhile, was receiving the test results showing endotoxin testing was not happening, she added.

    Though the drug procurer has claimed he didn’t know the difference between endotoxin testing and testing to ensure the chemicals were sterile, in the deposition he listed “potency and endotoxins” as testing areas that are separate from sterility, Henry wrote.

    The drug procurer’s “candor and understanding will likely need to be further explored” if the case is reopened, Henry wrote.

    In a reply, the state attorney general’s office said the incorrect testimony is not a reason for the judge to order expanded evidence preservation.

    “It is true, as Plaintiff points out, that the independent investigation revealed certain employees or agents of Defendants incorrectly testified that lethal injection chemicals were tested for endotoxins,” the state’s court filing says. “But that inaccuracy in the record does not establish a real danger that Defendants will not preserve relevant evidence going forward.”

    Robert Dunham, executive director of the Washington-based Death Penalty Information Center, said this isn’t the first time a witness or prosecution lawyer has “made materially false or misleading statements” in a legal challenge to execution procedures.

    He said any lying under oath about a material fact is a crime. Providing false testimony that goes beyond mere misstatements may impact the credibility of a witness and the person for whom they are testifying, Dunham noted. Sanctions are possible against attorneys who know or should have known that testimony is false, but fail to correct it, Durham added.

    “Some of the falsehoods may be lies. Some may be incompetence,” Dunham said. “Neither is acceptable and both could be redressed by transparency.”

    Elizabeth Lane, a spokesperson for the attorney general’s office, said the office is not taking disciplinary action against any attorneys related to the death penalty issues, and none of those capital case lawyers have issued a resignation, retired or been moved off of that kind of work. Lane declined to comment further, citing the pending litigation, and referred questions about the lethal injection protocol and the investigative report to Gov. Bill Lee’s office.

    Lee, a Republican who ordered the independent probe and paused executions, has noted he does not wish to stop the administration of the death penalty altogether.

    “The law in this state allows for … capital punishment in this state,” Lee told reporters last week. “That’s what the law is, so we’ll carry out the law. We want to do it in a way that is done correctly.”

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  • New majority of Biden picks confirmed to US utility’s board

    New majority of Biden picks confirmed to US utility’s board

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    NASHVILLE, Tenn. — The U.S. Senate on Wednesday confirmed six long-waiting nominees by President Joe Biden to the board of the nation’s largest public utility, establishing a new majority with Biden’s picks.

    The Senate confirmed the six by unanimous consent, Tennessee Valley Authority spokesperson Ashton Davies said. The federal utility’s nine-member board had been whittled down to five people, each appointed by former President Donald Trump, with two members who had been serving after their terms expired in May.

    The seats come with five-year terms. But when a board member’s term expires, that person can keep serving until end of the current congressional session, typically in December, or until their successors take office, whatever comes first.

    Environmental groups had been calling for urgency in the confirmations, saying that otherwise, the board soon wouldn’t have a quorum to conduct business and the utility’s ability to fulfill its duties would be hampered. Advocates also have been urging the new board members, when installed, to move away from carbon-producing electricity more quickly in a push to curb climate change.

    The new board members span several states. Huntsville, Alabama attorney Joe Ritch is returning to the TVA board of which he once was chairman as a nominee of former President Barack Obama. Adam Wade White is the judge executive for Lyon County, Kentucky. Bill Renick is a former Ashland, Mississippi, mayor and state lawmaker.

    Beth Geer, from Brentwood, Tennessee, is the chief of staff to former Vice President Al Gore and serves on Nashville Mayor John Cooper’s Sustainability Advisory Committee. Michelle Moore, who grew up in LaGrange, Georgia, and lives in Richmond, Virginia, heads a clean energy nonprofit after leading Obama’s sustainability team.

    Robert Klein is a retired line foreman for the Electric Power Board of Chattanooga who also filled roles with the International Brotherhood of Electrical Workers.

    Three of the new board members’ nominations date back to April 2021. Two were nominated in June, and one was nominated in July.

    “We’re excited to have Beth, Bobby, Michelle, Bill, Joe and Wade add their diverse perspectives to the TVA team,” TVA spokesperson Ashton Davies said in a statement. “We look forward to them being sworn in as TVA directors in the coming days and help us further strengthen TVA’s ongoing mission of service to the 10 million people of our seven-state region.”

    Senate Minority Leader Mitch McConnell, a Kentucky Republican, on Wednesday offered praise for “finally adding a Kentuckian” — White — to the board.

    “Wade’s heart has always been in serving his home state and his unique perspective will bring balance to the organization and its priorities,” McConnell said in a statement.

    Three Trump-appointed board members will remain in the new year: Chairman William Kilbride, whose term expires in May 2023, and Beth Harwell and Brian Noland, whose terms expire in May 2024.

    Environmental advocates have urged the new Democrat-appointed board members, once installed, to move more quickly in transitioning to 100% carbon-free electricity, citing the Biden administration’s goal of a carbon-pollution-free energy sector by 2035.

    TVA has set a goal to reduce greenhouse gas emissions by 80% by 2035, compared to 2005 levels. The utility has its own aspirational goal of net zero emissions by 2050. TVA’s CEO, Jeff Lyash, has said the utility will not be able to meet Biden’s 100% reduction goal for 2035 without technological advances in energy storage, carbon capture and small modular nuclear reactors.

    Meanwhile, the utility earlier this month recommended replacing the aging coal-burning Cumberland Fossil Plant in Tennessee with natural gas. Last year, TVA’s board delegated any decision on Cumberland’s replacement to Lyash.

    TVA provides electricity for 153 local power companies serving 10 million people in Tennessee and parts of six surrounding states, in addition to large industrial customers and federal operations.

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  • New majority of Biden picks confirmed to US utility’s board

    New majority of Biden picks confirmed to US utility’s board

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    NASHVILLE, Tenn. — The U.S. Senate on Wednesday confirmed six long-waiting nominees by President Joe Biden to the board of the nation’s largest public utility, establishing a new majority with Biden’s picks.

    The Senate confirmed the six by unanimous consent, Tennessee Valley Authority spokesperson Ashton Davies said. The federal utility’s nine-member board had been whittled down to five people, each appointed by former President Donald Trump, with two members who had been serving after their terms expired in May.

    The seats come with five-year terms. But when a board member’s term expires, that person can keep serving until end of the current congressional session, typically in December, or until their successors take office, whatever comes first.

    Environmental groups had been calling for urgency in the confirmations, saying that otherwise, the board soon wouldn’t have a quorum to conduct business and the utility’s ability to fulfill its duties would be hampered. Advocates also have been urging the new board members, when installed, to move away from carbon-producing electricity more quickly in a push to curb climate change.

    The new board members span several states. Huntsville, Alabama attorney Joe Ritch is returning to the TVA board of which he once was chairman as a nominee of former President Barack Obama. Adam Wade White is the judge executive for Lyon County, Kentucky. Bill Renick is a former Ashland, Mississippi, mayor and state lawmaker.

    Beth Geer, from Brentwood, Tennessee, is the chief of staff to former Vice President Al Gore and serves on Nashville Mayor John Cooper’s Sustainability Advisory Committee. Michelle Moore, who grew up in LaGrange, Georgia, and lives in Richmond, Virginia, heads a clean energy nonprofit after leading Obama’s sustainability team.

    Robert Klein is a retired line foreman for the Electric Power Board of Chattanooga who also filled roles with the International Brotherhood of Electrical Workers.

    Three of the new board members’ nominations date back to April 2021. Two were nominated in June, and one was nominated in July.

    “We’re excited to have Beth, Bobby, Michelle, Bill, Joe and Wade add their diverse perspectives to the TVA team,” TVA spokesperson Ashton Davies said in a statement. “We look forward to them being sworn in as TVA directors in the coming days and help us further strengthen TVA’s ongoing mission of service to the 10 million people of our seven-state region.”

    Senate Minority Leader Mitch McConnell, a Kentucky Republican, on Wednesday offered praise for “finally adding a Kentuckian” — White — to the board.

    “Wade’s heart has always been in serving his home state and his unique perspective will bring balance to the organization and its priorities,” McConnell said in a statement.

    Three Trump-appointed board members will remain in the new year: Chairman William Kilbride, whose term expires in May 2023, and Beth Harwell and Brian Noland, whose terms expire in May 2024.

    Environmental advocates have urged the new Democrat-appointed board members, once installed, to move more quickly in transitioning to 100% carbon-free electricity, citing the Biden administration’s goal of a carbon-pollution-free energy sector by 2035.

    TVA has set a goal to reduce greenhouse gas emissions by 80% by 2035, compared to 2005 levels. The utility has its own aspirational goal of net zero emissions by 2050. TVA’s CEO, Jeff Lyash, has said the utility will not be able to meet Biden’s 100% reduction goal for 2035 without technological advances in energy storage, carbon capture and small modular nuclear reactors.

    Meanwhile, the utility earlier this month recommended replacing the aging coal-burning Cumberland Fossil Plant in Tennessee with natural gas. Last year, TVA’s board delegated any decision on Cumberland’s replacement to Lyash.

    TVA provides electricity for 153 local power companies serving 10 million people in Tennessee and parts of six surrounding states, in addition to large industrial customers and federal operations.

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  • Wife of former U.S. Sen. Lamar Alexander dies at age 77

    Wife of former U.S. Sen. Lamar Alexander dies at age 77

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    MARYVILLE, Tenn. — Leslee Kathryn Buhler Alexander, the wife of former Tennessee governor and U.S. Sen. Lamar Alexander and a longtime family and children’s health advocate, has died at age 77, her family said Sunday.

    Known as “Honey,” Alexander was surrounded by her family when she died Saturday at her home outside of the Tennessee city of Maryville, her family said in a statement.

    She was married for 53 years to Lamar Alexander, a Republican who served as Tennessee’s governor from 1979 to 1987, and campaigned for him throughout his political career. He also served as U.S. education secretary under President George H.W. Bush, ran for president and spent three terms in the U.S. Senate before retiring in 2020.

    While her husband was governor, Alexander led the statewide Healthy Children Initiative, which sought to provide prenatal health care for children. She was a member of the 1985-1986 Southern Regional Task Force on Infant Mortality, the governor’s task forces on day care and youth alcohol and drug abuse, and the U.S. Health Secretary’s Council on Health Promotion and Disease Prevention, her family’s statement said.

    She also co-founded Leadership Nashville in 1976 and served on many boards, including the Junior League of Nashville and the Hermitage. She also had been vice-chairman of the Corporation for Public Broadcasting and a board member of Family Service America and the National Archives Foundation, the statement said.

    The Honey Alexander Center, located at the Nashville nonprofit Family and Children’s Service, opened in 2019.

    “Our dear ‘Honey’ was funny, loving, always caring, unselfish and courageous,” her family said in the statement. “We are so fortunate to have spent our lives with her. We will miss her every day.”

    Honey Alexander was born Oct. 12, 1945, in Los Angeles. She was working for U.S. Sen. John Tower of Texas when she met her future husband, who was a staffer for U.S. Sen. Howard Baker Jr. of Tennessee, during a softball game between the two staffs in 1967, her family said. They married in 1969.

    Honey Alexander liked to jog, plant flowers and read historical novels, her family said. She also loved to spend time with her children and grandchildren, her family said.

    In a statement, U.S. Sen. Mitch McConnell, a Kentucky Republican, said Honey Alexander “modeled grace, charity, and public service.” Republican Tennessee Gov. Bill Lee said on Twitter that she “devoted her life to serving others & made a profound impact through her work to support children & families.”

    Honey Alexander will be remembered at a private graveside service for family members and at a memorial service to be held later at Christ Church Cathedral in Nashville, the family said.

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