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Brett Favre points finger back at Gov. Phil Bryant in motion to dismiss Mississippi welfare lawsuit

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Brett Favre points finger back at Gov. Phil Bryant in motion to dismiss Mississippi welfare lawsuit

NFL legend Brett Favre maintains he did nothing wrong.

The recent focus on two of his projects that received welfare money during the biggest public corruption scandal in Mississippi history is just a pretext, his attorneys say, for blaming and smearing him in the media.

They say he never pledged his own money to build the widely publicized volleyball stadium at University of Southern Mississippi, so he couldn't have personally benefitted from the taxpayer money used on the project.

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And plus, there were many more employees, attorneys and politicians who facilitated or approved of the legal loophole — which state prosecutors called a scheme to defraud the — to funnel $5 million in federal grant funds from Mississippi Department of Human Services through a lease agreement between a private nonprofit and the university.

Favre, in the new filing, said former Gov. Phil Bryant knew that grant from the welfare department was behind the volleyball project.

“The agreement was reviewed and approved by the , who recommended that the IHL Board of Trustees approve it, which they did,” Favre's latest court motion reads. “The IHL Board of Trustees expressly noted that MCEC's funding was via a block grant from MDHS. The Governor was aware of the source of the funding and supported it. final approval, Southern Miss publicly announced the plans for the State-owned Wellness Center and lauded MCEC's for the project. Not one public Mississippi official or lawyer expressed any objection to or concern about the funding and plan.”

Favre makes these new arguments in a recent motion to dismiss civil charges against him. Mississippi Department of Human Services alleges in its amended complaint filed in December that Favre is liable for more than $7 million that he helped funnel away from the poor or anti-poverty programs.

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An email Favre's attorneys entered into court appears to contain notes from assistant USM Athletic Director Daniel Feig about the MDHS funding proposal for the volleyball stadium. In the email, Feig acknowledged that the MDHS grant funds cannot be used on construction projects. But MDHS's attorneys — Garrig Shields and Jacob Black, also defendants in the suit — advised that MDHS could give the money to a nonprofit called Mississippi Community Education Center, by criminal defendant Nancy New, and she could give the money to USM Athletic Foundation through a lease. The notes suggest the theory that when MDHS money leaves the agency into the hands of the nonprofit, it becomes “private” money, and therefore federal regulations do not apply.

Feig did not immediately respond to a Facebook message Friday evening

Feig notes that other universities have entered similar lease agreements (“sub grants to do youth camps”) and that they could use those contracts as a model. He also wrote that even though they would be using MDHS funds, “Rather not have MDHS named.”

“If, as MDHS falsely alleges, Favre was part of a conspiracy, it was the most public and open conspiracy in Mississippi history, it was directed and carried out by MDHS itself to transfer funds from one public state entity to another, Southern Miss, and it was vetted and approved by numerous lawyers and State ,” Favre's motion reads. “To hold Favre responsible under these circumstances would have no legal or factual justification.”

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Nancy New's son Zach New, a nonprofit employee, pleaded guilty to defrauding the government for his role in the volleyball sham lease agreement. He is the only one facing criminal consequences over the scheme; Nancy New's lengthy plea agreement does not include the USM Athletic Foundation payment.

In addition to the $5 million volleyball project, MDHS claims Favre was party to a sham agreement to funnel $2.1 million in welfare money to a pharmaceutical startup company that the athlete was investing in — an allegation Favre denies.

“The Amended Complaint, again, does not, as it cannot, allege that Favre was aware that the money given to Prevacus consisted of TANF funds, even assuming that it did,” Favre's motion reads. “And, even if Favre knew that Prevacus received public funding, he would have had no reason to that there was anything improper about it—state governments routinely give financial benefits to private businesses to entice them to do business within their states—precisely what is alleged as to Prevacus.”

Favre is just one of several dozen defendants from whom MDHS is attempting to recoup tens of millions in misspent funds. Friday was a major filing deadline in the lawsuit, so several defendants filed responses at the same time, Favre.

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The court also saw filings Friday from defendants University of Southern Mississippi Athletic Foundation; former state lawmaker Will Longwitz and his lobbying firm Inside Capitol; Nick Coughlin and his company NCC Ventures; former Family Resource Center employee Amy Harris; Williams, Weiss Hester & Company, the firm responsible for auditing Nancy New's nonprofit; and former professional wrestler Brett DiBiase, who was the first to plead guilty in the separate criminal case in 2020. Several more were expected to file by the end of the evening.

In his motion, Favre called into question the involvement of former Gov. Bryant and current Gov. Tate Reeves in the funding structure that allowed for federal grants intended to alleviate poverty to flow unchecked through the nonprofit of their politically connected friend.

“Nancy New was well connected with numerous Mississippi officials, including Davis and then-Governor Bryant, and close friends with Governor Bryant's wife Deborah Bryant,” the motion reads. “State officials like Davis, former Governor Bryant, and current Governor Tate Reeves were aware that New, through MCEC, used State money to provide services and funding to various State initiatives through, among other things, the Family First Initiative of Mississippi, an anti-poverty program started by Governor Bryant in conjunction with other State officials.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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https://www.biloxinewsevents.com/?p=208175

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On this day in 1964

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mississippitoday.org – Jerry Mitchell – 2024-05-02 07:00:00

May 2, 1964

Moore is holding a 1964 photograph of him and his younger brother, Charles, shortly before his brother was kidnapped and killed by Klansmen, along with Henry Hezekiah Dee. Credit: David Ridgen.

Henry Hezekiah Dee and Charles Eddie Moore, two 19-year-old Black Americans, were simply to get a ride back home. Instead, Klansmen abducted them, took them to the Homochitto National Forest, where they beat the pair and then drowned them in the Mississippi

When their bodies were found in an old part of the river, FBI agents initially thought they had found the bodies of three missing workers, James Chaney, Andrew Goodman and Michael Schwerner. 

Thanks to the work of Moore's brother, Thomas, and Canadian filmmaker David Ridgen, federal authorities reopened the case in 2005. Two years later, a federal jury convicted James Ford Seale. He received three sentences and died in prison. 

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Ridgen did a on the case for the CBC , “Somebody Knows Something.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Lt. Gov. Delbert Hosemann shuts down House Republican idea to let voters decide Medicaid expansion

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mississippitoday.org – Taylor Vance – 2024-05-01 20:01:39

After House asked Senate leaders to agree to a proposal that would place Medicaid expansion on November's statewide ballot, Senate leader Lt. Gov. Delbert Hosemann said the idea had no legs in his chamber and added that expansion talks were likely done for the year.

House Speaker Jason White, a Republican from West, announced the idea in a statement Wednesday night and pointed out it had become clear over the last few days that House and Senate Republicans were still far from agreement over the best way to expand Medicaid coverage.

The bill narrowly escaped on Wednesday afternoon until House Democrats forced a procedural vote that granted everyone more time to find compromise.

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“This proved that a consensus has formed and we all share the same goal: to healthcare access to low-income ,” White said. “Creating a referendum for this issue is a clear direction forward. We hope that our colleagues in the Senate will take this opportunity to finally hear from the electorate once and for all.”

About an hour after White announced the referendum idea, Hosemann poured cold water on the idea with a statement of his own.

“We had some discussions with senators about the possibility of a non-binding referendum on the ballot and the idea was not well received,” Hosemann said. “We are disappointed in the outcome this year, but value the discussions which occurred this session — the first time this Legislature has seriously considered healthcare reform in our state.

“I remain committed to finding ways to increase access for working Mississippians who otherwise do not have the resources for a simple check-up or an extended hospital stay,” Hosemann continued. “A strong work requirement, with necessary exceptions, is a bottom line for many Senators. We look forward to continuing on access to healthcare in the future.”

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READ MORE: Lawmakers buy one more day to reach Medicaid expansion compromise

The House's full proposal was not made available on Wednesday night, but White's statement said the proposed referendum would be two-fold: Voters would decide if they think Medicaid should be expanded to the working poor and if the program should include work requirements for recipients.  

House Democratic caucus leadership supported the House Republican effort, saying in a statement Wednesday night that if the language in the House's referendum is “very clear” and allows working Mississippians to get the “ we know that they need,” then they would likely support the new proposal. 

“We are excited about the opportunity to finally give the people of this state a to voice what we know to be — that they want this, and they want it as quickly as possible,” read a statement from Reps. Robert Johnson and Daryl Porter, the House Democratic leaders.

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The statewide ballot referendum idea was seen late Wednesday as a renewed chance for Republicans to find an expansion agreement — something that had become elusive during the first legislative session that expansion was earnestly considered.

At the heart of the Senate and House disagreement was a requirement that mandated Medicaid recipients work — a provision that the federal government had blocked in 13 other states.

House and Senate Republican negotiators earlier in the week agreed to a deal that would expand Medicaid only if a strict work requirement was approved by the federal government. House Republicans, who had previously proposed an expansion program that would go into effect even without federal approval of a work requirement, caved late Monday and agreed to the Senate Republicans' demand to include the make-or-break work requirement provision.

But House Democrats, who had for weeks vowed to not support any expansion plan that included a work requirement, fulfilled that promise on Wednesday and threatened to vote against the Republican bill on the House floor. The Democrats' dug-in position against the bill would likely have killed the proposal, which needed a three-fifths majority vote to pass.

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Rep. Bryant Clark, D-Ebenezer, said he was one of 29 Democrats who would not vote for the agreement as it stood on Wednesday. He said he was unsure whether he would support the issue going to a statewide referendum.

“I think we as a Legislature should do it — that's what people hired us to do,” Clark said. “I wouldn't be just totally opposed to that idea, but sometimes the devil is in the details. What would be put before the people? Would it be a clean expansion proposal, or something else? I am 85% sure the citizens of Mississippi would pass something that is a clean Medicaid expansion proposal.”

Note: This article will be updated.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Lawmakers buy one more day to reach Medicaid expansion compromise

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mississippitoday.org – Geoff Pender, Bobby Harrison, Taylor Vance, Sophia Paffenroth and Adam Ganucheau – 2024-05-01 17:34:04

Facing a late Wednesday deadline, the House and Senate procedurally voted to give themselves at least one more day to deliberate a proposal that could make Mississippi the 41st to expand under the Affordable Care Act.

House and Senate Republican negotiators earlier in the agreed to a deal that would expand Medicaid only if a strict work requirement for recipients was approved by the federal government. House , who had previously proposed an expansion program that would go into effect even without federal approval of a work requirement, caved late Monday and agreed to the Senate Republicans' demand to include the make-or-break work requirement provision.

But House Democrats, who had for weeks vowed to not any expansion plan that included a work requirement, fulfilled that promise on Wednesday and threatened to vote against the Republican bill on the House floor. The Democrats' dug-in position against the bill would likely have killed the proposal, which needed a three-fifths majority vote to pass.

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With the federal Centers for Medicare and Medicaid Services under the Biden administration unlikely to approve Mississippi's Medicaid expansion plan with a work requirement, Senate Republican have expressed optimism that Donald Trump would be reelected and that he would approve Mississippi's plan.

However, the realpolitik is that Trump has loudly voiced his opposition to Medicaid expansion, and his approval of Mississippi's work requirement would usher expansion in for the Magnolia state over the wishes of a Republican governor (Tate Reeves) whom he supports. When he was president, the Trump administration approved Medicaid work requirements for some states, but only as a means of limiting participation where it had already been expanded, not to help a state implement expansion.

Waiting on approval from CMS under either Biden or Trump could keep Mississippi's expansion of coverage as it now stands in limbo indefinitely.

“We will vote for Medicaid expansion,” Rep. Robert Johnson III, the House minority leader, said after the recommittal on Wednesday. “This is not Medicaid expansion. At least we got a do-over.”

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Johnson said that shy of going back to the original House position — or removing the work requirement the Senate demanded — House Democrats want to remove language that says the state would reapply for work requirements each year while expansion remains in limbo until such time as a work requirement is approved. He said the Democrats told the Republican leadership that they would agree to the work requirement, but not reapplying on an annual basis for the work requirement wavier. Instead, he said the state should apply once for the work requirement and if it is rejected by federal officials the Legislature should act to remove the requirement.

“We're not saying we are against the work requirement,” he said, adding House Democrats oppose it because it would keep Medicaid from being expanded,

Johnson added, “We're saying fine, we will try that once and show you it will not work, then we move on (removing the work requirement and expanding the program).”

When it was clear the House Democrats' dissension might kill the expansion program, House Republicans moved to recommit the bill to conference committee. The Senate Republicans followed suit a few minutes later, effectively extending the deadline for a final plan to be hammered out between House and Senate negotiators until 8 p.m. Thursday.

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House and Senate Republican leaders declined to comment about what they may bring to the negotiations or what the next few hours may look like. House Democrats claimed a small victory and reiterated their desire to pass an expansion plan that would actually go into effect and coverage to an estimated 200,000 Mississippians.

As news of the recommittal spread quickly through the Capitol on Wednesday afternoon, many people floated the notion of placing a Medicaid expansion issue on a statewide ballot, where voters could mandate what they wanted lawmakers to do.

“I have heard about that, but it would confuse voters with a work requirement,” Johnson said, adding he would support placing Medicaid expansion without a work requirement on the ballot.

Rep. Bryant Clark, D-Ebenezer, said he was one of 29 Democrats who would not vote for the agreement as it stood on Wednesday. He said he is unsure whether he would support the issue going to a statewide referendum.

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“I think we as a Legislature should do it — that's what people hired us to do,” Clark said. “I wouldn't be just totally opposed to that idea, but sometimes the devil is in the details. What would be put before the people? Would it be a clean expansion proposal, or something else? I am 85% sure the citizens of Mississippi would pass something that is a clean Medicaid expansion proposal.”

As the extraordinary politics played out on Wednesday, dozens of clergy and other citizens came to the Capitol to express their support of expansion. Many Capitol attendees specifically said they did not support the compromise plan that included the work requirement.

“There are people in Mississippi who are sick, hurting, in pain and broken,” said the Rev. Dawn Douglas Flowers, a minister at Parkway Hills United Methodist Church. “We have a way to enter into that brokenness and offer healing right away. I hope lawmakers can find a way to compromise and allow Medicaid expansion to happen now because what they've up with is just a delay. The work requirement will not allow us to get help to people who need help today. We can't just kick the can down the road any longer.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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