Eric Holder, former President Barack Obama’s attorney general, and a group of attorneys threatened legal action unless two expelled Democrat state legislators were fully restored to the Tennessee House of Representatives in a letter sent to Speaker of the Tennessee House Cameron Sexton (R-Crossville) on Monday.
And though the House restored one of the expelled state legislators late Monday and is likely to restore the second expelled state legislator on Wednesday, sources tell The Tennessee Star that Holder will likely sue the state of Tennessee, the Tennessee House of Representatives, and Speaker Sexton anyways.
Holder is among six attorneys representing State Rep. Justin Jones (D-Nashville) and former State Rep. Justin Pearson (D-Memphis) following their expulsion last week from the Tennessee House after the lawmakers and well-funded left-wing organizations led a made-for-TV protest demanding sweeping gun control laws. They broke several House rules, driving a chaotic scene that shut down proceedings in what Sexton and others have compared to a riot.
Holder and his associates — attorneys from Washington, D.C.-based Covington and Burling LLP, where Holder is senior counsel — represent Jones, and Burch Porter and Johnson LLP of Memphis serve as counsel for Pearson, according to a warning letter the lawyers sent to Sexton on Monday.
Jones was unanimously appointed as the interim successor to the seat from which he was expelled by the Nashville Metropolitan Council Monday afternoon and quickly sworn in on the steps of the Capitol. He triumphantly raised his fist to supporters as he entered the House Chamber.
“This is about people power. It shows that people power is the ultimate power, not the decision of [House Speaker] Cameron Sexton, but the decision of the people,” Jones said Monday.
Pearson could rejoin Jones back in the Tennessee House as soon as Wednesday after the Shelby County Board of Commissioners votes to name an interim successor to Pearson’s vacant seat in the Tennessee House. Sources tell The Tennessee Star that Pearson will likely be named the interim successor.
Though several Republican state legislators wanted to refuse to seat Jones after the Nashville Metro Council vote, on the grounds that under the Tennessee State Constitution an expelled state legislator is not eligible to replace himself or herself. Article II Section 15 of the Tennessee State Constitution states that the legislative body from the county in which the former state legislator resided at the time of his or her election may select an interim successor to the replaced state legislator (emphasis added). That language, they argue, clearly indicates that the interim successor must be a person other than the expelled state legislator.
After receiving the letter Monday threatening legal action from Eric Holder and his colleagues, the Tennessee House leadership chose otherwise.
“The two governing bodies will make the decision as to who they want to appoint to these seats. Those two individuals will be seated as representatives as the constitution requires,” Sexton’s office said Monday. The speaker could not be reached for comment Tuesday.
Holder, who has insinuated himself into an array of so-called civil rights cases since leaving the Obama White House, insists Jones and Pearson were “exercising their constitutional rights” during the chaotic protest at the Tennessee House chamber on March 30. The lawmakers joined Representative Gloria Johnson (D-Knoxville) and employed a bullhorn in the demonstration that followed the March 27 school shooting deaths of three children and three adults at a Nashville private school. The shooter was a 28-year-old woman who reportedly identified as a man, but the left has transformed the violent incident into another gun control rally cry.
The House subsequently voted to expel Jones and Pearson. Johnson survived expulsion by a single vote.
In the letter, the attorneys assert they are not at this time addressing the “violations of the Representatives’ rights, the subversion of due process, the suppression of their freedom of assembly and speech, the oppression of their liberty to dissent, nor their unequal and discriminatory treatment.”
“Rather, we write to emphasize that the House must not now compound its errors by taking any further retributive actions against Representatives Jones and Pearson or their constituents in violation of Article II of the Tennessee Constitution, the very constitutional basis wrongly used to expel the Representatives,” the letter warns.
“The world is watching Tennessee. Any partisan retributive action, such as the discriminatory treatment of elected officials, or threats or actions to withhold funding for government programs, would constitute further unconstitutional action that would require redress,” Holder and the other attorneys declare.
Holder did not return The Tennessee Star’s message Tuesday seeking comment.
In perhaps a signal of a legal battle to come, Jones has called for Sexton to resign.
“He is an enemy of democracy, and he doesn’t deserve to be in that office of a speaker of the house any longer,” Jones told CNN.
The Biden Administration injected itself into the expulsion debate last week, with Biden Press Secretary Karine Jean-Pierre accusing Republican lawmakers of retribution against the liberal lawmakers.
“What did the Republican legislators do? They’re trying to expel these three Democratic legislators who joined in the protest,” Jean-Pierre said.
In other words, the Biden administration, repeatedly accused of politically weaponizing the federal government, is watching. And they’ve got a very good friend in Obama’s former attorney general.
Read the warning letter:
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M.D. Kittle is the National Political Editor for The Star News Network.
eric holder should be in jail
These blowhard Marxist Dems were NOT expelled by a single person but by the entire legislative body made of up of representatives of We The People – indirectly by every on of us who voted for those representatives. This is a classic case of Marxist Lawfare, using the law to bludgeon our representative government the the state constitution. I would really like to see the legislature stand up to these POS bullies. If it means getting big time, national legal counsel, then go for it. At some point the bullies have to be punched in the nose or they will never stop!
I suspect that, like Gloria All-Red who neither herself nor anyone in her firm held a license to practice in Alabama despite her showboating “representing” a libelous client vs. Roy Moore (but never actually doing anything) Holder has no ability to carry out his threat.
But the 13-year Republican supermajority has demonstrated one thing for years: a lawsuit only needs to be threatened for them to fold. See many, many Hedy Weinberg interactions, or the ace-in-the-hole, unelected TN AG “opinions”. Their refusal to repeal unconstitutional laws will now result in lawsuits. Naming them personally, for civil rights violations. It’s the only thing they respond to. See Lockdown Lee’s 14th amendment violations with his alleged “constitutional carry” law from last year. More are coming.
Who cares what Holder thinks?
Yes, in his refusal to testify to Congress after a subpoena. Steve Bannon who got arrested for the same thing. Would like to know the answer to that.
Eric Holder has no standing to file suit. It doesn’t affect him, he doesn’t live in Tennessee
Eric Holder can shove it.
“ . . . and that the House will follow the Tennessee Constitution and the spirit of our democracy.” (See the last substantive paragraph on page 2 of the Holder letter—I guess Holder never really learned our country’s Pledge of Allegiance—our country’s form of government is a REPUBLIC, not a democracy—the distinction is not an insignificant one.)
As a retired lawyer and a supporter of the Tennessee House’s action expelling these two insurrectionist Democrat leftist ‘showboats’, this kind of letter just makes me want to tell Marxist Obama’s former ‘wing man’ (remember that line) in no uncertain language, “O.K. ‘bud’, see you in court!”
Sometimes, one is just forced by events and/or by other actors to fight, and when that happens, ONE MUST FIGHT! Sometimes, one has just ONE opportunity to do the ‘right’ thing, and if he doesn’t his reputation is damaged forever. (“Of all the words of tongue or pen, the saddest are: “It might have been.”)
When I was a practicing lawyer, I had a personal policy—never threaten, just ACT. One would have thought that the leadership team in the Tennessee House at the beginning of all of this considered beforehand what would likely come next if they ‘followed through’ on their decision to expel the lawless ‘Tennessee Three’. The almost immediate reversal of their action later (i.e., it’s called ‘collapsing like a house of cards’) embarrassed not only themselves, but all of us.
And I have no doubt that these same Marxist Democrat ‘insurrectionists’ (and now, maybe others too) will do this again and again—as long as they can ‘get away’ with it—this will be because they crave the public attention, and because their motivation is to sow political chaos to try to politically gain from it.
When I was a ‘kid’ the Walt Disney movie series created a national ‘craze’ about the Tennessean, Davy Crockett. There probably is not a one of my contemporaries still living who does not remember Crockett’s personal motto, “Be sure you are right, and then go ahead!” No doubt, this idea, even to this day, is a succinct encapsulation of one of the characteristics that ‘make up’ the personal values of the citizens of our State and its ‘spirit’. Political leaders who disregard such characteristics do so at their peril.
‘Stuff’ like this is how a political party loses its legislative majority at the next election (or a large percentage of it). Voters tend to remember this kind of WEAKNESS.
Eric Holder should already be serving time in a Federal prison.
Holder is corrupt and the investigation into him should continue.
I say the our state legislators and governor….grow some stones and tell the federal government to go to hell. We are way beyond the point of being polite and rolling over.
Despots throughout history claimed to hold “the power of the people”. In reality they held power over defenseless people. A society controlled by the fear and hate promoted by Johnson Jones, Pearson, Holder and their dog leash media is destined for failure. I have gained a new appreciation for the millions of people worldwide who have suffered under this destructive ideology. Common sense and decency must be restored.
Once again, the Divider in Chief Obama and his minions are behind social unrest. I agree with Horatio of Holder’s unethical ventures, he has not been held accountable nor was Hillary in her numerous violations of Federal law. To his question, when will Holder be held accountable? It will not happen in a democrat controlled administration, Obama is yet pulling the puppet strings attached to the cognitively challenged Biden. In the interim the attacks on President Trump will continue for no other reason to keep them in the headlines. Holder will not be held responsible when a Republican administration returns for the sole reason they will have to focus on cleaning up the global messes created by this current administration.
Eric Holder has demonstrated he is a direct, illegal weapon dealer threat whose actions have led to the deaths of “law enforcement”. Faison and Lockdown Lee should make an example of Holder with their new Republican Red Flag law – as long as Pfizer says it is ok….and Hedy Weinberg.
When will Holder be held accountable for the deaths caused by his illegal gun running in Operation Fast and Furious?