Will Shirley go unpunished?

While the Bredesen administration tries to hold Lt. Ronnie Shirley solely responsible for the illegal background checks, will Shirley again go unpunished and be rewarded for his political favors?

The THP has given no indication why Shirley was doing the background checks. The agency leadership and Gov. Phil Bredesen initially suggested he was a "nosy" trooper with too much time on his hands. But the administration announced his termination with the investigation still ongoing after receiving sharp criticism for the way the matter had been handled.

Shirley is the politically connected officer who helped fix a speeding ticket in 2004 for then-Deputy Gov. Dave Cooley.

It later came out that the patrol leadership at the time faked a punishment for Shirley in an effort to throw off the press and public.

It remains to be seen whether the punishment against Shirley sticks this time. Other officers who have been terminated have fought that decision in the state's civil service appeal process and won.

THP wraps up investigation; Most victims were women

The THP has "no comment" on wrapping up its investigation of Bredesen's Watergate. That's the word from Commissioner Dave Mitchell. Results of the Bredesen administration's self-investigation place the blame solely on fall guy Lt. Ronnie Shirley. Results of the investigation were delivered to Davidson County DA Torry Johnson and to U.S. Attorney Ed Yarborough.

The THP says they have interviewed over 140 victims of the Bredesen administration's illegal and unauthorized background checks. Shockingly, a vast majority of the victims were women.

Before there was 180, there was 300

The original reports of Bredesen's Watergate said there were at least 300 illegal, unauthorized background checks. The Bredesen administration, attempting to downplay the severity of the illegal actions of its administration, now claims that there are only 180 victims. Because Bredesen and his team are blocking the release of the names, we may never know. However, one state representative may have the answer:

I think I have found out. My sources say the in house investigation has decided to only look into a limited period of time instead of looking at all the activity of officer Shirley. The 120 other investigations could have been done a matter of days before the investigation start date began. I guess we may never know.

List of Bredesen's Watergate victims to remain secret

Bredesen administration crony and family friend, Bob Cooper in his role as Tennessee's Attorney General, sides with his friend in covering up the list of victims of the THP's illegal background searches. Read the opinion online here.

City Paper demands an independent investigation unit

The City Paper editorializes on the Bredesen administration's failure to clean-up the THP:

Despite Bredesen’s rosy forecast, it is truthfully uncertain whether the THP proved anything with its investigation. While we would like to give the THP and its many hardworking troopers the benefit of the doubt, the results of the probe into Lt. Ronnie Shirley is still cloaked in the secrecy of an ongoing investigation. The list of 182 individuals whose background Shirley allegedly checked is still not public.

The THP has shown traction and a willingness to act in this situation, beginning the process last week to fire Shirley from the patrol. THP Col. Mike Walker is saying and doing all of the right things, the best those looking in from the outside can tell, in investigating what wrongdoing Shirley may have committed.

At the same time, much smaller agencies than the THP immediately call in the TBI when an internal investigation is needed of an officer potentially committing a criminal act. Despite the THP’s size and power, it conducts its own internal investigations without the benefit of even an autonomous internal affairs division common to larger police agencies in urban cities.

If Bredesen is truly going to clean up the THP as promised, an independent investigation mechanism must be established for these instances. We submit to the governor a dedicated internal affairs division is called for in the short term at least to investigate alleged wrongdoing at the THP. If that is not the answer, then some form of independent oversight must be exercised to win back the public’s trust.

Bredesen administration just "doesn't get it"

Bill Hobbs sums up today's assertions from Bredesen's Watergate:

Bredesen doesn't get it. Even if the THP investigation was fair and complete, it has no credibility. There is no foundation on which to rest belief in its results. The political ties between the trooper, the THP and the Bredesen administration, are too numerous, too complex and too corrupt.

The governor told us there were 182 victims of the unauthorized snooping. How do we know that's true? The governor told us the troopers' actions were not political - we know that's false given the fact that the trooper investigated a reporter who was investigating the administration's various THP-related scandals, and also investigated a fellow trooper who was suing the THP alleging his career path was hampered by political discrimination within the THP.

Until there is an outside probe, there is not one single fact asserted by the THP or by the governor in this scandal which has any credibility. Not one.

Bredesen administration says it can police itself; Continues to refuse an independent probe

Governor Bredesen today says that the firing of fall guy Lt. Ronnie Shirley in his Watergate is "proof" That the THP can police itself while ignoring his administration's failed track record of scandals:

Gov. Phil Bredesen praised a state Department of Safety probe on Thursday that led to this week's firing of a Highway Patrol officer, saying the investigation into the officer's unauthorized background checks was handled well and showed the agency's ability to police itself.

Bredesen called the recommendation for Lt. Ronnie Shirley's termination a "proper, measured response" to the findings of the ongoing probe, and said he had confidence in Safety Commissioner Dave Mitchell.

"He's trying very hard and this was a difficult one, and I think he's working his way through it. I really believe that when we get all done, the public will be satisfied that this was handled in a very appropriate way," he said.

On Wednesday, Mitchell and Highway Patrol Col. Mike Walker announced that Shirley had been recommended for termination for running background checks on 182 Tennesseans, many of them women, using four state databases. The checks were conducted between October 2006 and early July.

A phone message left at Shirley's home was not immediately returned. His attorney did not immediately return a call or e-mail seeking comment.

Bredesen acknowledged criticism leveled at his administration over the decision not to turn over the investigation to an outside agency, such as the Tennessee Bureau of Investigation.

Until a recent housecleaning, the patrol has long been known as a hotbed of politics and cronyism with a history of turning a blind eye to wrongdoing by troopers and officers.

Bredesen likened the internal probe to teaching responsibility to a teenage child, calling the case "a hot one" that the department needed to show that it could handle.

Yet, many questions go unanswered. Who was pulling the strings of Lt. Shirley?

UPDATE:

Stacey Campfield shares his thoughts.

Bredesen administration spies on the "Redneck Woman"

County music star Gretchen Wilson joins the ranks of victims of the Bredesen administration's ilelgal background search scandal. Coincidentally, she was performing at the Republican National Convention yesterday. No political motives?

Don't trust the Bredesen administration to tell the truth

The Tennessean points out the obvious: The Bredesen administration can't be trusted. Following yesterday's recommended firing of the fall guy in the illegal background check scandal, Gail Kerr writes:

So where does that leave us?

People want to believe the THP is going to make this right. The decision to terminate Shirley came quickly after Bredesen got home from the Democratic National Convention. The governor is too smart not to realize this thing was blowing up around him. The THP is finally done horsing around with this guy.

But, unfortunately, there remain unanswered questions.

Shirley, though under suspicion, was allowed to continue having access to the law enforcement database for more than a month. He even received a glowing employee evaluation a month into the criminal investigation. Only after The Tennessean broke the story was the man suspended. Why? The THP says they had to follow proper channels. We'll just have to take their word for it.

Safety Commissioner Dave Mitchell said Shirley acted on his own, with no political motive. But they won't release the list of who was improperly investigated. Or speculate onhis motivation. So we'll just have to take his word for it.

Mitchell was emphatic that this sort of thing "will not be tolerated." But the THP, and this administration, has a history of returning folks who have gotten in trouble to well-paid state jobs. When Shirley was caught fixing a ticket for the governor's top dog, former THP leaders created a fake punishment. So will the termination stick? We'll just have to take their word for it.

Commissioner Mitchell pointed to changes he's made in the last 20 months. Is this finally a turning point in the THP mess?

It looks good. Sounds good. But is it real?

After all that has happened, just taking their word for it is unacceptable.

"You're fired!" --- Fall guy fired by Bredesen Administration

Is the fall guy for the Bredesen Watergate getting the ax? That's the word from the Department of Safety which has recommended that Lt. Ronnie Shirley be fired while not giving any motives for the illegal background checks. Shirley will remain on a leave of absence until a hearing is conducted on the recommendation. The Tennessean reports:

The highway patrol’s Criminal Investigation Division has been investigating Shirley’s checks since early July, shortly after receiving a complaint that Shirley had looked up license information of another THP officer.

The division has interviewed 139 of the people on the list, including Tennessean reporter Brad Schrade. On Wednesday, the THP updated the Davidson County District Attorney as well as the U.S. Attorney’s office on the status of the investigation.

Shirley has not been charged, but Mitchell said that he was read his Miranda Rights – informing him of his right not to answer questions – when he was interviewed on Tuesday.

More:
WKRN
WZTV
Post Politics
WTVC
Associated Press

Tennessee 1984: Big brother is watching

The public outrage over Bredesen's Watergate and the administration's arrogant refusal to order an independent investigation and to release the names of the victims continues. In a letter to the editor, Moe Denham writes:

The idea of a law enforcement official illegally searching through data of 182 people is not only disgusting, but borders on treason. In a totalitarian police state, such activity by law enforcement is an everyday "thing."

Read George Orwell's 1984 and you'll discover how dangerously close our government is to making the topic of that book a reality.

First we seem to have cops who "must have a lot of time on their hands" digging into the lives of ordinary private citizens, cops who seem to think that certain people who they stop are politically important enough to be excluded from the penalties of breaking the law.

And even our governor, whom I've always respected, seems to want to shove all of this under the rug.

But most importantly, speaking as a former law enforcement officer myself, this whole situation puts the credibility of all police officers in question.

There will always be some rotten apples in the bucket, but to just more or less ignore the situation is an insult to all of the other officers who obey the law themselves.

I firmly believe that the offending officers should be immediately fired, lose their certification, and be prohibited from ever working in law enforcement again.

Otherwise, welcome to 1984 — 24 years late.

A.K.A. "Don Segretti"

More on Democratic operative Keith Talley who entered House Republican Leader Jason Mumpower's locked office:

Talley entered Mumpower’s office to drop off records of the two DUI arrests of 46th District House candidate A.J. McCall from the 1990s. Neither case ended in a conviction, but that didn’t stop Talley from leaving envelopes with printouts of the case records on Mumpower’s desk as well as sending them to McCall’s wife.

McCall and Mumpower both questioned whether the records were obtained in a similar set of circumstances to those being investigated surrounding THP Lt. Ronnie Shirley. Shirley allegedly looked up the backgrounds of 182 individuals, some of them without authorization. Later it was learned the records were readily available in the Wilson County Courthouse.

However, one of the funniest political nicknames in recent memory was given to Talley by one of his own party chiefs, who recently referred to him as Keith “Don Segretti” Talley — a reference to the convicted Republican operative of Watergate fame.

More on Don Segretti.

Who is Lt. Ronnie Shirley?

The fall guy in Bredesen's Watergate is Lt. Ronnie Shirley who was previously best known for fixing a ticket of then Deputy Governor Dave Cooley. Brad Schrade profiles Lt. Shirley today:

Long before he was accused of running unauthorized background checks on private citizens, a joke made its way around the Tennessee Highway Patrol about Ronnie Shirley.

He could parachute over the old Soviet Union, the joke went, and if you telephoned the Kremlin an hour later, Shirley would have schmoozed his way so far within the corridors of the communist state, you'd hear his West Tennessee drawl on the other end of the line.

The joke illuminates a truth about Shirley, a 6-foot-4 trooper full of charm and backslapping political skill, but it also reflects a long-held belief about what it takes to get ahead in the THP: Politics and cozying up to the powerful too often determine the course of a trooper's career.

"He makes friends," said former THP Lt. Col. Steve Browder, who is from McNairy County, where Shirley grew up, and helped Shirley get hired as a trooper in the late 1980s.

"He's kind of a self-serving guy. Whoever is in charge, he will find a place at the table."

Another journalist victimized by Bredesen's Watergate

Kleinheider at Postpolitics.net has the breaking story from WKRN about one of their own:

A former News 2 anchor was one of two journalists whose personal background was accessed by a Tennessee Highway Patrol trooper currently on administrative leave.

Victoria Hansen, who left WKRN-TV in 2006, told News 2 the Tennessee Highway Patrol confirmed with her an unauthorized check of her personal background was conducted.

She was not told why.

Hansen is now an anchor in Charleston, SC.

But, what about Trent Siebert--the former government watchdog and investigative reporter? No background checks on him?

More:
The Tennessean

Bredesen's failure of leadership

As public opinion turns against the Bredesen administration because of its continuing scandals including the most recent THP illegal background checks, a letter writer sums up public perception:

It's obvious from their stance on this very serious subject that they are incapable of viable leadership. The THP continues to reap the negative fallout of their unethical ways and lackadaisical attitude toward the professionalism and highest of morals that should exemplify the THP standard, but obviously doesn't.

I wonder just what would transpire behind the closed doors of the THP if it weren't for a diligent media probing and constantly exposing the questionable machinations of various government agencies?

Why are they afraid of the media?

The Bredesen administration continues to stonewall the press on releasing the names of the victims of the THP's illegal background checks and refuses to allow an independent investigation. Now, the Obama campaign--backed by Governor Phil Bredesen--appears to be intimidating the media in an attempt to silence their critics.

Questions from the legislative branch

A state representative has his own questions about Bredesen's Watergate:

What happened to the other 120 people that were originally mentioned? Do people remember it started as 300 names had been investigated? Now it miraculously dropped to 180. Where did the original number of 300 come from? Where did the other 120 go? Why did it take so long to come out after it was originally reported?

Who was this information being gotten for? The classic line "What did you know and when did you know it?" or "Did you ever talk politics with Trooper Shirley?" could be asked of several people.

Will Tennesseans accept anything less than a federal investigation?

A letter writer in today's Nashville newspaper expresses what is no doubt the opinion of many Tennesseans:

The latest round of nonsense regarding the THP trooper that simply has far too much time on his hands combined with the recent ridiculous and simply childish behavior of Gov. Bredesen over his “Bunker at The Mansion” project only serves to reinforce the need for at least a TBI investigation if not an FBI investigation. Quite frankly, I am not sure that we can trust the TBI at this point, as there might be too many political connections there as well to safely use them to investigate.

Whatever happens, the THP must not be allowed to investigate themselves under any circumstances, period! The entire local media must push and force this to go to the FBI if at all possible. Since some of this likely qualifies as a federal offense (wire fraud, mail fraud, etc.) it should be able to fall under the jurisdiction of the FBI. Call me paranoid, but I will really only accept as satisfactory an investigation led by the FBI. Who knows, perhaps we could get this trumped up to the level of hate crime before it is done.

Bredesen administration keeps records closed

The Tennessean reports today that the Bredesen administration will keep the list of victims in the Tennessee Highway Patrol's illegal background check scandal secret. Yesterday, Safety Commissioner spent an hour and a half sharing details of the THP's investigation with a prosecutor from the district attorney's office.

The meeting with District Attorney Torry Johnson's staff, the first since the start of the probe on July 2, was part of the normal investigative process, Mitchell said, and did not signal that the investigation was moving in a new direction or that criminal charges were imminent.

"We gave them the initial facts of the investigation and allowed him to ask questions," Mitchell said.

As of Tuesday, 80 people on the list had been contacted and interviewed by the Highway Patrol's Criminal Investigation Division. Those include a Tennessean reporter, Brad Schrade, who has investigated and reported extensively on the Highway Patrol in the past three years.

End of the free press in Tennessee? Shirley investigated reporter following THP story

As more details emerge about Bredesen's Watergate, Theo Emery today reports that Lt. Ronnie Shirley did conduct a background check on fellow reporter Brad Schrade after a published report he wrote for The Tennessean exposed punishments given to THP troopers for leaking information:

Lt. Ronnie Shirley, the target of an internal probe into why he ran unauthorized checks of up to 182 people, used a law enforcement database portal to look at Schrade's driver's license information on Jan. 15, 2007.

Special Agent Troy Human of the THP's Criminal Investigation Division disclosed the date Monday while he and another THP agent interviewed Schrade as part of the internal investigation.

Human said the check would have revealed Schrade's driver's license information, photo and Social Security number, according to Schrade. It would not have included his driving history, according to the THP's parent agency, the state Department of Safety.

Just days before Shirley ran the check, Schrade had reported on an appeals hearing in which four disciplined THP officers denied wrongdoing associated with leaked allegations of exam tampering for trooper recruits.

Emery also updates us on the status of the THP self-investigation:

As of mid-afternoon Monday, 50 people had been interviewed, (Col. Mike) Walker said.

Shirley made the checks between October 19, 2006, and July 3, 2008, when his access to the portal was shut off; the investigation began on July 2.

Federal probe coming soon?

The Nashville City Paper reports today that federal prosecutors are being contacted about Bredesen's Watergate:

State House Minority Leader Jason Mumpower has been at the front of the pack calling for an independent investigation, saying the proper course is for the inquiry to go federal.

Mumpower said late Monday afternoon the TBI’s heightened involvement in the case was “a step in the right direction,” but added he was attempting to open a dialogue with U.S. Attorney Ed Yarborough’s office in Nashville.

“We’ll continue to push for that outside look,” Mumpower said. “We’ll continue behind the scenes and out in front to push for that outside look. …We are working toward a meeting with federal prosecutors.”

Kerr: "What does Lt. Shirley know that someone in power doesn't want you to know?"

Tennessean columnist Gayle Kerr who has been critical of the embattled Bredesen administration's handling of its Watergate shares the outrage average Tennesseans feel:

They are angry. Really angry. And while Gov. Phil Bredesen and House Speaker Jimmy Naifeh — two of the state's top elected officials — enjoy the Democratic National Convention in Denver this week, somebody on their respective staffs needs to shake off the fog of politics and realize how much this ongoing scandal has the potential to blow back on them. Big time.

"I've lived in Tennessee for 18 years, and in half a dozen other states before that, and I've never seen anything like this," wrote Michael J. Neth, a professor at MTSU. "What has been going on lends new meaning to the term 'police state,' and it's unsettling and frightening."

Kerr's e-mail box has been flooded with comments like:

• "Bredesen's a smart man. But has he stopped listening?"

• "I don't appreciate the implied intimidation that these kinds of rogue governmental activities represent."

• "I campaigned for Gov. Bredesen and attended his inaugurations. It deeply saddens me that the Gov. Bredesen I know could just dismiss this as someone with 'too much time on their hands.' It makes me sick to my stomach."

• "This is abuse of confidential information, pure and simple. If I did this at my job, I would be fired immediately, regardless of the excuse."

But Kerr concludes by summing up that Lt. Ronnie Shirley hasn't been fired yet because he must know too much:

What does Lt. Shirley know that someone in power doesn't want you to know?

RELATED: Naifeh meets Obama's VP pick

UPDATE: In case Naifeh and Bredesen are bored at the DNC and want to take their minds off Bredesen's Watergate, they can check out the Biden Bloopers.

Bredesen heads to the Mile High CIty

Governor Bredesen wrapped up his Ohio tour for the Obama campaign and is off this week to the Mile High City for the Democratic National Convention. As a super-delegate, Bredesen has endorsed Obama and campaigned for him. WSMV-TV reports that Bredesen will head the Tennessee delegation and announce th group's votes.

UPDATE: Apparently the national Democrats think so little of Tennessee that they have put the the state's delegates--include Governor Bredesen--in the cheap seats. But, don't worry, you have a front row seat to Bredesen's Watergate right here.

UPDATE II: Not only did the DNC give the Tennessee delegates the nosebleed section, they didn't even give them hotel rooms in the city. They are in Denver's equivalent of Brentwood.

TBI called into Bredesen's Watergate

Kleinheider at Post Politics says the Bredesen administration is opening up the THP investigation in "a limited way" as the Tennessee Bureau of Investigation (TBI) is called in to provide technical assistance. The THP presser reads:

Commissioner Mitchell has asked the TBI to conduct forensic examinations on the state-issued computers and other electronics Lt. Shirley had access to. That equipment has been surrendered to the TBI.

The TBI is already in the process of conducting off-line searches to determine if Lt. Shirley made unauthorized criminal history checks using the National Crime Information Center (NCIC). The NCIC is a computerized database of documented criminal justice information used by law enforcement agencies across the country. It is maintained by the FBI and is a completely separate database than the ICJSC.

Bill Hobbs sees some hope:

This is not good news - if you're the people who put Tennessee Highway Patrol Lt. Ronnie Shirley up to the nefarious business of compiling unauthorized criminal background checks on a few hundred Tennesseans, including critics of the THP and the Bredesen administration. It is, however, a step in the right direction in getting to the real and complete truth about the latest in a list of scandals involving the Bredesen administration and the THP.

UPDATE:
WTVF
WZTV
Nashville City Paper

Wanted: New sniffers

Is it time for Gov. Bredesen to blow his nose? That's what a writer to The Tennessean says today:

Pick any farmer from Mountain City to Munford, and he can easily identify the problem with the Tennessee Highway Patrol, because his nose works. He will take one whiff of the barrel of apples and tell you, "You've got rotten apples in there and if you don't get them out, they are going to ruin the whole durn barrel."

This is the current condition of the Tennessee Highway Patrol; there are rotten apples in there. Gov. Bredesen and Commissioner Mitchell removed some of them in the past, but they didn't dig deep enough. Now, those apples that have longtime blemishes are rotting, and they are going ruin the rest of the barrel.

So, I would encourage the governor and the commissioner to take a farmer's bandana, blow their nose, regain their sense of smell, and get the rest of the bad apples out of the barrel before it is too late.

Hmm...we think that Wal-mart clerks--those that Bredesen showed such disrepect for--can understand that. But can a Harvard-educated governor?

City Paper: "THP potential for chilling free press enormous"

Today's Nashville City Paper comments on the effect the Bredesen administration's heavy-handed political tactics exposed in Bredesen's Watergate threaten the First Amendment rights of every Tennessean including the rights of the press:

Certainly, running background checks on members of the press — particularly one fervent in monitoring the problems in the THP — appears far out of bounds of Shirley’s duties or anyone in state government for that matter. Such actions absent of any cogent, real-world explanation smack of the kind of political dirty tricks and intimidation tactics common to some of the worst moments and lowest points in our American democracy. The potential for misdeeds and a chilling effect on the press is enormous.

Gov. Phil Bredesen has classified Shirley as simply a “nosy” trooper. It would be convenient to be able to give Bredesen the benefit of the doubt, but this latest revelation about Shirley’s use of the state’s background checking ability to apparently research such a key member of the press to the THP is past the tipping point — even if in the end he proves to be the nosy type the governor suspects.

As we did Friday, we renew our call for an independent investigation of Shirley’s activities at the THP concerning these background checks. It is the right thing to do given the importance of the THP to the health, safety and welfare of Tennesseans. People in this state need to know they can trust the patrol and that politics and personal agendas are not part of what they do.

Here's how you earn an illegal background check

Here's a sample of Brad Schrade's investigative reporting that earned him a place on Bredesen's list of political opponents and an illegal background check:

A state trooper who once used his state-issued service handgun to shoot out an estranged girlfriend's television set was promoted to the Tennessee Highway Patrol's second-highest rank Wednesday as part of a wave of promotions that elevated several troopers with political ties.

Danny Wilson, who previously had been the captain over troopers in Davidson and the surrounding counties, was promoted to the rank of lieutenant colonel, as was Tracy Trott, who had served recently as major.

Don't worry. The television-shooting Wilson is still a high-ranking THP official.

Questions that demand answers

As we enter another week of Bredesen's Watergate, it's time to revisit the questions that the administration should answer:

• Why did the administration wait so long to begin an investigation? The Department of Safety admits to knowing about the illegal, unauthorized background checks in May. Yet, the background checks continued through July 3, and the department didn't start an investigation until July 2. (These are the administration's claims and nothing was made public until media reports last week.)

• Why did the department wait so long to take any action? Lt. Shirley was not placed on administrative leave until three months after the administration claims to have learned of the illegal activities.

• Why has the administration taken so long to notify victims of the illegal activities? Bredesen and his administration have taken nearly four months to begin contacting victims based upon when they claimed to have learned of the violations. (That's assuming they have started calling them.) Even the administration admits the information contained in the background checks such as driver's license numbers, Social Security numbers, and addresses is enough to steal someone's identity.
  

• How many illegal and unauthorized background checks really took place? Reports range from up to 300 to the administration's claims of 182.

• Who are the victims? The administration is stonewalling on releasing the names. (UPDATE: Since our orginal post, two victims have been identified: Lt. Robert Eckerman and reporter Brad Schrade.)
  

• Who told Lt. Ronnie Shirley to conduct the illegal background checks? Lt. Shirley says he was doing his job, and we know some of the background checks were done at the request of other state employees including individuals outside the Highway Patrol.

• What has been done with the information? There's evidence that Lt. Shirley spied on co-workers, other state employees, journalists, entertainers, and political opponents.

Stating the obvious

A letter to the editor summarizes why the Bredesen administration can't be trusted to investigate itself. Read it here.

Bredesen's Watergate exposed on Fox News

Bredesen's Watergate continues to make national headlines with Fox News and the Associated Press reporting on the latest revelations:

NASHVILLE, Tenn. — A Nashville newspaper reporter was on a list of people believed to have been the subjects of unauthorized background checks performed by a Tennessee Highway Patrol officer.

The reporter, Brad Schrade, covers the highway patrol for the Tennessean. Schrade says he received a call Saturday morning from a highway patrol investigator who said Lt. Ronnie Shirley had accessed Schrade's background information.

The Tennessean reports that the agent who contacted the reporter is one of a team of officers who are calling people on the list about unauthorized checks.

Tennessean Editor Mark Silverman questioned whether Shirley's actions were condoned by his supervisors.

The Tennessean demands an independent probe

The Bredesen administration--known for refusing public records requests, dragging its heels in fulfilling others, and with a history of shredding official documents--is taken to task by The Tennessean today. The Nashville daily has filed a Freedom of Information records request to obtain the list of victims of the Bredesen administration's illegal background checks. However, Bredesen is stonewalling--refusing to release the names.

Gov. Phil Bredesen should immediately call for an independent investigation into the troubled Tennessee Highway Patrol's latest abuse of power by a trooper.

Last week, Lt. Ronnie Shirley was put on administrative leave after the THP says the trooper did unauthorized criminal background checks from Oct. 19, 2006, until July 3, 2008 — through a state database called the Criminal Justice Portal — on as many as 182 Tennesseans. This is the same officer who fixed a speeding ticket in 2004 for Bredesen's top aide at the time, Deputy Gov. Dave Cooley.

Bredesen dismissed the seriousness of Shirley's actions, saying on Tuesday: "My preliminary conclusion is, you've got a guy with too much time on his hands and is nosy and was showing people that he had access to all this kind of information and doing favors for friends and looking things up over a period of time. If it goes beyond that, it'll be a very serious matter and we'll handle it appropriately."

Nosy? Too much time on his hands? We think otherwise, to say the least, and we're disappointed in the governor's reaction.

There are many questions still unanswered after the THP started its own investigation on July 2 — making it even more important for an independent agency to investigate.

Who were on the list of Tennesseans? How many were un-authorized checks? To clear the air, the list of names should be released. Officials said that a country music star, two journalists (including Tennessean reporter Brad Schrade, who has been reporting the story) and several employees of the state Department of Safety were among those whose information was reviewed by Shirley. Apparently, no elected officials were on Shirley's list.

For what purpose would Shirley check on these 182 private citizens? Did he discuss what he was doing with anyone else in the THP? Were the unauthorized checks for political reasons? What did Shirley do with the information he gathered?

The THP cannot investigate itself. It has lost this privilege based upon its prior history, failure to correct past mistakes, and because of the Bredesen's politicalization of the agency. Also, The Tennessean shows how this case shows the importance of open records laws.

Legislative leaders call for action

In response to the Bredesen administration's back tracking on how the THP will approach victims of its illegal activity, there are renewed calls for an independent investigation and for the release of all names:

The information discrepancies from the THP left critics concerned that the investigation continues to head in the wrong direction.

House Majority Leader Gary Odom, who like Bredesen is a Democrat, called the explanation for the misinformation “very strange.”

“Obviously there appears to be a lot of confusion within the agency,” Odom said. “That in itself is even more justification why this investigation should be conducted by an agency outside the Department of Safety.”

Odom’s Republican counterpart, Minority Leader Jason Mumpower, echoed the call for an independent investigation. He added that House and Senate members of his party may look into the allegations.

“The best thing to do is for Governor Bredesen to order the release of the list of names,” Mumpower said.

Bredesen: "No comment."

Phil Bredesen has been too busy campaigning for Barack Obama this week than to address the scandals plaguing his administration. In fact, he doesn't even want to talk about it:

Responding to an interview request on Saturday to speak with Bredesen, his press secretary, Lydia Lenker, said in an e-mail that the governor “will not be offering comment on this matter.”

Bredesen's Police State

As more details of Bredesen's Watergate come to light, it is apparent that the Bredesen administration is running the Tennessee Highway Patrol in a manner more fitting of a totalitarian state. From The Tennessean:

Tennessean Editor Mark Silverman questioned “whether this was truly the actions of one rogue officer or whether it was condoned by his supervisors.”

“For a state police agency or one of its agents to investigate a reporter who has produced legitimate and critically important coverage of the agency smacks of the intimidation and retribution you would expect to find in a totalitarian state,” Silverman said.

The illegal background check of an administration critic clearly shows the political nature of Bredesen's Watergate. Clearly, Brad Schrade and Mark Silverman aren't buying the administration's lines.

Bredesen administration seeks to silence critics: Admits to Investigating reporter

Another bombshell dropped today as we learned that one of the Bredesen administration's illegal background checks was on Tennessean reporter Brad Schrade who has exposed various wrongdoings by the administration. By running an illegal background check, did the administration plan to intimidate Schrade as they have their political opponents?

Brad Schrade, who has reported on the highway patrol for years and first reported the probe earlier this month, received a call Saturday morning from a highway patrol special agent who said that Lt. Ronnie Shirley, the subject of the probe, had accessed Schrade’s background information.

The highway patrol confirmed that the agent who contacted Schrade, Troy Human, is one of a team of THP officers who have been calling those on the list about the unauthorized checks. Human did not discuss specifics but requested a meeting, Schrade said.

Schrade otherwise declined to comment, referring calls to Tennessean editors.

Tennessean Editor Mark Silverman questioned “whether this was truly the actions of one rogue officer or whether it was condoned by his supervisors.”

“For a state police agency or one of its agents to investigate a reporter who has produced legitimate and critically important coverage of the agency smacks of the intimidation and retribution you would expect to find in a totalitarian state,” Silverman said.

We now have two confirmed names of victims of Bredesen's Watergate:
1. Brad Schrade, a reporter for the Tennessean
2. Lt. Robert Eckerman

Developing . . .

UPDATE:
Postpolitics.net

Comrade Bredesen's "List"

Steve Gill weighs in on reports that the THP will be showing up unannounced to investigate the victims of the unauthorized and illegal background searches:

As if there were not enough comparisons between Comrade Bredesen and his Soviet-style governing, the investigation into the "snooper trooper" will include surprise visits by plainclothed members of the THP to the homes of the VICTIMS!! This looks like more intimidation from the Bredesen Secret Police, doesn't it?

Bredesen passed over for VP: It's Biden

Despite cozying up to Barack Obama in recent days, Bredesen was not selected as the vice presidential nominee. Apparently, the Obama campaign couldn't over look the many scandals that have plagued the Bredesen administration including the deepening Watergate-like investigation of corrupt and illegal background checks on innocent Tennesseans. Plus, given Obama's recent criticism of Senator McCain's homes, perhaps Obama would not be a fan of the Bredesen Bunker or his private multi-million dollar estates in Forest Hills, Tennessee and in Jackson Hole, Wyoming.

Breaking: Bredesen Administration to investigate the victims of its own illegal activity

Brad Schrade breaks the news of the heavy-handed and extremely unusual way in which the Bredesen administration will be notifying the victims of the THP's illegal background searches. It sounds like they are more interested in investigating the victims than investigating the crimes:

Get ready, Tennessee. A pair of armed Tennessee Highway Patrol detectives may be showing up at your house during dinner unannounced, on the weekend or at some other time in the coming days and weeks.

That's if you're among up to 182 Tennesseans on whom THP Lt. Ronnie Shirley has done unauthorized criminal portal background checks. The identities of those on the list are a mystery to most of Tennessee's 6 million residents because the Highway Patrol's leadership has not released the names, despite calls by lawmakers for their release.

Twenty plainclothes Highway Patrol detectives will be fanning out in pairs across the state to make contact with and interview those whose information was violated by Shirley, who will be on paid administrative leave pending the outcome of the investigation.

In many cases detectives will try to go to a person's house without a phone call, but some may call ahead, according to patrol spokesman Mike Browning.

He wouldn't answer the question of whether investigators will make audio recordings of the interviews. It is standard in many THP investigations for interviews to be recorded.

This all sounds like the type of investigative technique police use on the targets of an investigation, not victims from whom police are trying to glean useful information, said Nashville attorney David Raybin, a former prosecutor.

The technique being implemented is heavy-handed, and raises questions about the entire investigation and its integrity — and whether it's being designed to fail and gather no useful information, Raybin said.

"To me, it is very intimidating to do it this way," Raybin said. "It could easily be construed they are trying to get no answers at all. It certainly doesn't make me very comfortable the truth is being ascertained."

Raybin said the patrol should notify the 182 victims, either in writing or by phone, let them know what information was violated and ask to set up an interview
after they've digested the news — maybe a couple of days later.

Wow. Is this the way to "notify" people the have been victimized? Remember, if you are contacted, please report it.

UPDATE:
Postpolitics.net
The Tennessean

Why did it take the administration so long to stop the scandal?

The Tennessean picks up on one of the questions we asked yesterday that demands an answer from the administration. Why did it take more than a month for the administration to react to the illegal and unauthorized background checks? Of course, one also wonders why it took over two years for this scandal to come to light.

It isn't clear why the department's leadership took more than a month to cut off Shirley's access to the criminal justice portal database.

That was done on July 3, the day after a formal criminal investigation was launched. The THP leadership has not released the names of those checked.

Remember when Bredesen promised to clean up the THP?

We reiterate that most employees of the Highway Patrol no doubt do their jobs with the highest level of honor and integrity. However, the bad seeds are allowed to bring shame on the organization. Despite the scandals plaguing the administration, Bredesen's repeated talk of addressing the problems have been little more than just talk. Now, several federal lawsuits facethe state because of employees mistreated. Yet, the Bredesen administration's lip service as yet to result in a change of the way business is done at the THP:

The Tennessean in 2005 investigated the patrol and found a connection between political contributions and officers who got ahead in the patrol. The investigation revealed that officers who gave money to Bredesen or had political patrons who did often received promotions over other officers who had higher scores on promotion tests.

Insiders said the political activity was a longstanding part of the patrol's culture. That culture included a history of ticket-fixing, cronyism and turning a blind eye when officers got in trouble or broke the law. Bredesen promised to clean up the agency.

Political motives behind Bredesen's Watergate exposed

So much the administration says just appears to not be so. The Tennessean today reveals more about the political motives behind Bredesen's Watergate as they demonstrate how Bredesen crony Lt. Ronnie Shirley's illegal background check on a fellow trooper brought the scandal to light. Brad Schrade with the story:

A state trooper's discovery in May that he and his wife were subjected to unauthorized criminal background checks began the investigation that has found up to 182 such checks on Tennesseans, the trooper's lawyer says.

Tennessee Highway Patrol Lt. Robert Eckerman, a Republican, found out around May 19 that someone in the patrol had run his name and his wife's name through a state criminal justice database portal, Eckerman's attorney Arthur Knight said.

An intelligence officer with the patrol's Criminal Investigations Division, Eckerman later found out that the background checks had been performed by Lt. Ronnie Shirley, a trooper with Democratic connections who once fixed a ticket for then-Deputy Gov. Dave Cooley.

When Eckerman discovered the unauthorized checks, THP's leadership told him to turn over the investigation, Knight said. Knight is representing Eckerman in a federal lawsuit against the department filed more than a year ago, claiming a hostile work environment because of his political affiliation.

UPDATE: Bill Hobbs has analysis of the story.

Nashville City Paper: Bredesen is too coy

Today's City Paper pressures the administration to quickly address the problems facing the THP. The paper editorializes:

If Bredesen has any known failing in this situation it is being a little too coy in explaining away the issue as a “nosy” officer. His original response in recent years during THP scandals of the past was the correct one — he did not make the mess at THP, but he will clean it up.

To that end, Walker and Mitchell were appointed to accomplish the task of changing the culture at the patrol. Clearly, they have some work to do given Shirley’s apparent transgressions, and should have taken more decisive action earlier concerning Shirley. Instead, they worried about how information was leaking to the press, and, in the process, let Bredesen down in the very task they were brought in to address.

It's like a tube of toothpaste

"Once the toothpaste is out of the tube it's going to be very hard to get it back in."

- H.R. "Bob" Haldeman regarding the original Watergate scandal

More questions, no answers

Each day brings more questions and no answers as Bredesen's Watergate unfolds. Here are some of the unanswered questions we have

• Why did the administration wait so long to begin an investigation? The Department of Safety admits to knowing about the illegal, unauthorized background checks in May. Yet, the background checks continued through July 3, and the department didn't start an investigation until July 2. (These are the administration's claims and nothing was made public until media reports last week.)

• Why did the department wait so long to take any action? Lt. Shirley was not placed on administrative leave until three months after the administration claims to have learned of the illegal activities.

• Why has the administration taken so long to notify victims of the illegal activities? Bredesen and his administration have taken nearly four months to begin contacting victims based upon when they claimed to have learned of the violations. (That's assuming they have started calling them.) Even the administration admits the information contained in the background checks such as driver's license numbers, Social Security numbers, and addresses is enough to steal someone's identity.
  

• How many illegal and unauthorized background checks really took place? Reports range from up to 300 to the administration's claims of 182.

• Who are the victims? The administration is stonewalling on releasing the names.

• Who told Lt. Ronnie Shirley to conduct the illegal background checks? Lt. Shirley says he was doing his job, and we know some of the background checks were done at the request of other state employees including individuals outside the Highway Patrol.

• What has been done with the information? There's evidence that Lt. Shirley spied on co-workers, other state employees, journalists, entertainers, and political opponents.

Bredesen's Watergate becomes national shame

Even as Governor Bredesen travels stumps across Ohio for Barack Obama, his Watergate has become a national embarrassment as it gains the attention of the national media. USA Today writes:

Officials with the Tennessee Highway Patrol declined to name the people who were checked. Investigators did not recognize the names of any elected officials or politicians on the list, said Col. Mike Walker, the THP's commander.

The latest suspension adds to a series of scandals involving the department in recent years.

Walker and Safety Commissioner Dave Mitchell were brought in to help clean up the department's image after its top three officials resigned in December 2005 following reports of troopers with criminal backgrounds, allegations of ticket-fixing and a culture of cronyism and political arm-twisting.

The Leaf Chronicle: "Nosiness no excuse"

Outrage over Bredesen's Watergate continues to spread across the state. Today, The Leaf Chronicle became the latest newspaper to challenge the governor's lame cover-up of illegal background checks:

Gov. Phil Bredesen said it appeared that Shirley was a "nosy" man with too much time on his hands. But Bredesen didn't think he was out to misuse information on private individuals.

The governor added, however, that if it goes beyond nosiness, "it'll be a very serious matter, and we'll handle it appropriately."

This is not the first time Shirley has been in the news. In 2004, he fixed a ticket for Deputy Gov. Dave Cooley. He wasn't punished in that instance, even though top patrol officers said he had been.

In this latest transgression, it's hard to say how much damage could be done.

Ordinary citizens often can track down someone's criminal record, even traffic tickets, by utilizing Internet searches.

Still, a Highway Patrol lieutenant should not misuse his power to run unauthorized criminal background in an effort to satisfy his curiosity. Also, if he has so much time on his hands, the patrol ought to find something more productive for him to do.

Leaving on a jet plane: Bredesen takes a vacation from his Watergate

Gov. Phil Bredesen has escaped the heat of the latest scandal involving his administration which centers on illegal and unauthorized background checks.

Bredesen is reported to be in Ohio campaigning for the presumed Democratic presidential nominee, Barack Obama, instead of attending to state business by addressing the Watergate-type scandal.
We can only suppose he's getting a warmer welcome in front of the liberal crowds up north than he is here in Nashville where his Watergate is all the buzz.

THP interviewing victims of Bredesen's Watergate

Although the THP won't release the names of the 182 (or more?) victims of the alleged illegal background checks, you may be finding out soon if you are among those probed. We are told that at least one journalist, country music stars, and state employees are on the list. The Department of Safety will soon begin contacting the victims. If you are contacted, WSMV-TV's Cara Kumari and Postpolitics.net's Adam Kleinheider want to know.

You can also report the violation of your privacy to the Federal Bureau of Investigation. There are two FBI offices in Tennessee:

FBI Memphis
Suite 3000, Eagle Crest Bldg.
225 North Humphreys Blvd.
Memphis, Tennessee 38120-2107
memphis.fbi.gov
(901) 747-4300

FBI Knoxville
Suite 600, John J. Duncan FOB
710 Locust Street
Knoxville, Tennessee 37902-2537
knoxville.fbi.gov
(865) 544-0751

Too much for Stalin

Governor Bredesen's dirty political tricks would make Josef Stalin blush.

"Brewing Scandal" reveals a bombshell: Political motivations

From the "brewing scandal" rocking the Bredesen administration, a new potential bombshell has been revealed that ties the illegal, unauthorized background searches to political motives. Terry Frank has the details.

The Tennessean: "A Creepy Abuse of Power"

The Tennessean today sums up Bredesen's Watergate as a "creepy abuse of power" and chastises the governor for blowing alleged illegal and unauthorized activity:

Nosy? NOSY?

That's it? That's the governor's dismissive characterization of the actions of a highway patrolman who ran up to 182 unauthorized investigations of private citizens?

Nosy is wanting to find out what your co-worker paid for a new hybrid. Or what was really said in the closed-door meeting. This is way past nosy.

It is a creepy abuse of power. Tennessee Highway Patrol Lt. Ronnie Shirley spent hours looking up the criminal background, driver's license records and more of unsuspecting people.

Gail Kerr continues:

Which is why this bothers me so deeply. It is not just being nosy when a sworn law enforcement officer pulls someone's private files for no reason. It is intimidation by a man who packs heat. Sure, if Shirley used the information he found for some scurrilous purpose, it's even worse. But just browsing the files should be a firing offense.

Especially since this is the same officer who got spanked, but not canned, for fixing a ticket for one of the governor's top aides.

THP and the governor vow this won't be shoved under a rug: "I want to stress, in no uncertain terms, that this investigation is being taken very seriously," said THP Col. Mike Walker. "The THP has zero tolerance for inappropriate and/or criminal behavior."

Really? Then why, pray tell, does the governor sound like Shirley was just being a bad boy with time on his hands? And that an officer snooping for fun is no big deal?

and she summarizes:

This is the governor who threw a hissy fit at the notion that his home computer files could be considered open records if used for state business. Who fought to keep his daily schedule under wraps when it was requested by The Tennessean. The very man who let fly when Oak Hill neighbors were rude to his wife.

Governor, this is not garden variety nosiness.

It's a big deal. A big, smarmy deal.

Political Intimidation of candidates

As the investigation into Bredesen's Watergate widens, it is apparent that political intimidation of candidates and the manipulation of free and air elections is the goal. Whether it was research of opponents of the Bredesen Bunker, unuathorized entry into legislative offices, illegal and unauthorized background searches, or the use of "poison packets" to intimidate legislators and political candidates:

(Rep. Glen) Casada believes Democratic Party leaders were involved and
he wants to know who knew what Talley was doing and when they knew it. Rep. Casada says, "Who gave the authorization? What they intended to accomplish -- who else do they have this information on?"

Who's pulling the strings?

CORRECTED: As we learn more about Bredesen's Watergate, the political people pulling the strings remain unknown. Bill Hobbs via the Knoxville News-Sentinel and Michael Silence says Lt. Shirley should come forward to reveal his puppermasters:

Frankly, if I was Lt. Ronnie Shirley, the trooper at the center of this latest scandal, I'd be headed to the nearest federal prosecutor's office begging for immunity in exchange for testimony fingering the political folks who put me up to the job of digging for dirt on people

Sharing the blame: Who else was involved in Bredesen's Watergate?

As an attorney for Lt. Ronnie Shirley claims his client is innocent of anything criminal (he doesn't seem to claim that his client is innocent of unauthorized activity), THP Col. Mike Walker says that more state employees in other departments are connected as they requested the unauthorized background checks. However, Walker will not release their names or departments where they employed. This opens up the very real possibility that some of the employees making the requests were higher up in the administration and that they may have had motives unknown to Shirley. It definitely sounds like more than just one employee being nosy.

House Democrat official takes credit for "poison packets"

The probe into Bredesen's Watergate widened today as a House Democrat official claims credit for obtaining expunged records on a Republican candidate for the State House:

Incriminating records dropped off at the offices of Tennessee Republican candidates and GOP party leaders was not connected to the THP probe.

On Wednesday, a Democratic Party Activist says he did it.

But the Tennessee GOP believes the activist is a puppet and they want to know who pulled the strings.

One of those packets containing drunk driving records of a GOP candidate was dropped off at the offices of House Republican leader Jason Mumpower.

Another packet went to GOP caucus chair Glen Casada.

The Williamson County lawmaker calls it politics at its worst, which he likens to Watergate.

Rep. Casada says, "Though I know it may sound a dramatic comparison, you cannot intimidate people who are running for office, do background checks on them -- it's illegal. Nor can you break into my office which has sensitive documents."

Keith Talley says he's the man behind those poison packets.

UPDATE: Clint Brewer

Too proud to come clean?

Following calls from Democratic and Republican leaders for an independent investigation of Bredesen's Watergate, the Safety Commissioner Dave Mitchell has a simple excuse for not allowing the feds to investigate. He's too proud. Brad Schrade has it in black and white:

Safety Commissioner Dave Mitchell, whose agency includes the THP, was asked why he did not ask an outside agency to investigate to avoid the perception problems that may come with his investigators handling the inquiry.

"It's called pride," Mitchell said. "I have a lot of faith and confidence in the people that can conduct this investigation fairly. The books will be opened at the end of this if it doesn't rise to a criminal prosecution."