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.