The Covenant Killer Manifesto Coverup Continues

Live from Music Row Thursday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. – host Leahy welcomed recovering journalist Clint Brewer in studio to discuss the continuation of the Covenant Killer manifesto coverup.

Leahy: In studio, a good friend, recovering journalist, and all-star panelist Clint Brewer. Clint. We’re trying to unravel the catch-22 bizarre logic of Metro Nashville, whose still refusing to release the Covenant Killer manifesto.

We’re calling this the Covenant Killer manifesto coverup because that’s what it looks like. You made a very important point. In the Senate said when I, in the five o’clock hour, was saying that Chief John Drake, a good guy, very good reputation, that he made a mistake by not releasing the document and by claiming pending litigation was going to stop him.

But you said that really in the instance where he works for Metro Nashville government, he has to take the advice of Metro legal. And so the real folks that are stopping this release are here from Metro Nashville Police Department, Metro legal. Okay. And that’s a good point to make.

Brewer: And do you want me to go into the why’s? Just from reading the reporting on it, particularly Channel Five and the Tennesseean, there’s a movement in law enforcement. There has been for decades to protect victims’ rights and in this case, the survivors of the shooting.

I think the mindset is probably to consult the victim’s families. I mentioned this in an earlier segment, there’s a part of a rape case here locally where a judge ruled that it was appropriate to consult the victim’s family and the victims first before releasing records related to the case.

What you’re seeing is a local precedent in Davidson County and how these things have played out in the past. There was a large lawsuit pursuing those records in the past. And in this case, I think it’s an incredibly sensitive situation. I think, ultimately, they’re going to have to release the records.

But to your point, the way government works is not dissimilar to the private sector in that Chief Drake needs to listen to his lawyers. I would encourage anybody to listen to their lawyers because, ultimately, it’s not the chief’s call. So I think that’s where you are.

Leahy: So let’s go back to this. And the first thing that I’ll make an alternate viewpoint on has to do with your citing of the reporting from News Channel Five. We’ll get to that just in a minute about the role of victims here.

But there’s a timing issue here which is the first statement made by Metro Nashville that they were just not going to release this because of pending litigation to actually force them to follow the law. That was the first statement.

Brewer: The pending litigation of the open records lawsuits.

Leahy: Exactly. Which they denied. Citing, the 2016 case that you were talking about is the Tennesseean v Metro Government. And that went all the way up to the state Supreme Court.

Brewer: That was the Vanderbilt football players’ rape case.

Leahy: And in that case, they said, look, there is an open case that the media is not entitled to all of the records from that case.

Brewer: Typically, an ongoing investigation. Right now in this state, the only law enforcement state-level law enforcement agency that has an absolute right to seal records is the Tennessee Bureau of Investigations.

Leahy: They do. That’s right. I know that. Would you like to know why I know that?

Brewer: Sure. Mike.

Leahy: Because we sent them an open records request. And they came back and said, look at this slot that says we don’t have to show you anything.

Brewer: They have an absolute right. Even after even after a case is over, they do not have to release it.

Leahy: Actually it turns out, interestingly enough, we’re told that the manifesto, and I’m using that collectively to talk about all of these documents, the dated journalists, et cetera, which are quite lengthy, I’m told that the original exists with Metro Nashville Police Department, and all copies exist with the FBI—the Federal Bureau of Investigations and with the Tennessee Bureau of Investigations.

Brewer: But just because those records are co-mingled with TBI records does not mean that TBI can seal them for local law enforcement.

Leahy: Correct. Correct. But anyways, to come back to the storyline here, the first statement is because of the pending litigation where the pending litigation…

Brewer: Pending litigation asking us to release the records, and we’re not gonna release the records.

Leahy: It’s a catch-22 silly argument. And really, the other element of this that came up, which I think is, I’m going to use the term spurious, and I’ll tell you why. Subsequently, the judge who’s handling this case, her name is Laia Miles, and she’s a 2014 graduate of Belmont. She’s only been on the bench since January, I think. She was elected in 2022. So not the most experienced judge in this instance.

Brewer: That’s what appellate courts are for, Mike.

Leahy: I understand. I’m just pointing this out. She’s assigned to this. Late last night, the two plaintiffs in the case, Tennessee Firearms Association and the National Police Association, each represented by a different counsel, TFA, represented by John Harris, our friend, and the National Police Association, represented by Doug Pierce, who’s about to be our friend.

Brewer: So Tennessee Firearms Association is pro se?

Leahy: No. That’s a separate entity—John Harris, his well-respected attorney here.

Brewer: I thought he was the Tennessee Farms Association.

Leahy: No, he’s the founder of that group. It’s a separate group.

Brewer: Oh, I got you. Sorry.

Leahy: There are 30,000 Tennesseeans that are part of that group.

Brewer: I thought he was the head of it, sorry.

Leahy: He is the head of it, but he’s also an attorney. But anyways, let’s continue. So what we’ve got going on here is they met with the judge. And she had initially said we’ll have a show cause hearing, May the 11th, but Metro Nashville said, oh no, that’s too soon.

There won’t be a show cause hearing until June. And then, this idea was introduced. At that hearing that they wanted to hear from the families of the victims. There’s no statutory basis whatsoever for that.

Brewer: No. There’s a local ruling. It was an incremental ruling.

Leahy: But it was not specific. When you say a local ruling, you’re talking about this case a state court ruling, the Tennessee and v Metro Government.

Brewer: It was not a Supreme Court ruling. It was not an appellate court ruling. It was a state court ruling. It’s a separate local court here.

Leahy: Unrelated to Tennesseean v Metro, right?

Brewer: No, it’s from that case.

Leahy: It’s from that case. There’s no state Supreme Court precedent. Hold it. It’s the State Supreme Court that made this ruling in the Tennessean v Metro government. And I’m looking at this, I see nothing in the state Supreme Court description of this referencing victim’s statements before these documents are released.

Brewer: My understanding of it, it was a ruling at a previous stage in the litigation before it went to the state.

Leahy: So this is an excuse, not a precedent.

Brewer: It is a precedent. It’s just not a very big precedent. Yes. Let’s put it that way.

Listen to today’s show highlights, including this interview:

– – –

Tune in weekdays from 5:00 – 8:00 a.m. to The Tennessee Star Report with Michael Patrick Leahy on Talk Radio 98.3 FM WLAC 1510. Listen online at iHeart Radio.
Photo “John Drake” by Metropolitan Nashville Police Department.