AG Fitch Statement on Auditor Shad White Counterclaim

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Today, Attorney General Lynn Fitch issued the following statement:”It is again with deep regret that I must issue this statement. On February 5,2024, Auditor Shad White filed an 86-page answer and counterclaim in the defamation suit filed against him by Brett Favre, replete with block quotes byJoseph Pulitzer, claims of defense related to loss of enjoyment of life, and footnoted admissions of errors in its own demand letters to Mr. Favre. As ChiefLegal Officer for the State, I was forced to respond and take the extraordinary action of seeking judicial intervention to protect the laws of this State.

“The authorities entrusted to us by the people demand the highest level of our attention and reflection. Our standing as attorneys demands the highest level of respect for the law and the practice of law. When we file in court in our official capacity it is not for our own amusement or political benefit; it is on behalf of the people and bears the burden having repercussions for all of the people’s government. This filing by Auditor White reflects none of this gravity.

“Over the past four years, attorneys in this office have quietly sought to work through demands referred by the Auditor for civil prosecution. As the Auditor has acknowledged in prior court filings, this office has an independent legal and ethical duty to review the investigatory files transmitted by the Auditor to substantiate the legal basis for filing a civil suit in a court of law. While the law gives prosecution and management of these cases solely to the AttorneyGeneral, our attorneys have nonetheless endeavored to work with the Auditor’s staff in the best interest of the State. Unfortunately, we have encountered on going interference as to the manner in which these cases should be prosecuted, hampering progress towards recovery in civil cases, as well as potential criminal prosecution.

“While my office and the Department of Human Services have sought to recoup funds misspent in the TANF lawsuit, we have been hamstrung from the beginning by a slow drip of information from the Auditor’s investigation, by repeated miscalculations, and now by a book rushed to print while we remain embroiled in a suit against nearly four dozen defendants. In fact, it was not until August 25, 2022, that the Auditor even delivered the full case file to our office for review – more than two and a half years following the Auditor’s February 6, 2020 announcement of indictments related to the TANF case withDistrict Attorney Owens. The actions of the Auditor’s office are aid to our legal adversaries and a disservice to the people.

“The Attorney General’s Office remains committed to serving the law and serving the State. In our petition today, we repeat the arguments we previously made in this case – the case of defamation against the Auditor for those actions made in his official capacity should be dismissed. But we also make the argument that the Auditor is without statutory authority to make his frivolous counterclaim, and it likewise should be dismissed.”

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Media Contact:Debbee Hancock

Debbee.Hancock@ago.ms.gov

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