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YP - Mike Moore’s Credibility In All Things Scruggs
What a tangled web we weave . . .
by Alan Lange
Yesterday, amidst the turmoil of the Jones v. Scruggs hearing, it came out from Judge Henry Lackey's testimony that former Mississippi Attorney General Mike Moore was wittingly or unwittingly used by Dickie Scruggs to pressure current Mississippi AG Jim Hood to do his bidding with regards to the State Farm criminal grand jury prosecution.

So here's what is out in the public record. We know from the Lee Harrell deposition that Mike Moore was consulting with Jim Hood on the Grand Jury proceedings while representing the McIntoshes against State Farm. It was clearly inferred that Moore represented Hood's interest in dealings with State Farm as "the heavy". We know from Timothy Balducci's testimony (Page 2) that Balducci and former Mississippi Auditor Steve Patterson were paid $500K to pressure Hood to stop the criminal prosection of State Farm. We also know that Hood was questioned directly about this meeting in the SF v. Hood hearing in Natchez.

Q. My real question is: Did Mr. Patterson or Mr. Balducci have dinner with you and tell you that if you did not participate or assist Mr. Scruggs in settling that mass tort action which was going to generate a 20-million-dollar-plus fee, that he would fund an alternative candidate to run against you for attorney general?

A. If you’re asking me did somebody come to me and threaten me, the answer is no. Now, out of all candor in this, I don’t want to mislead you. I remember having dinner on one occasion with Mr. Balducci and Mr. Patterson, but that conversation was about they were leaving the firm that they were presently — that Mr. Balducci was presently with. They didn’t convey any threats to me about settling the case or anything like that.

Q. They never suggested that if you didn’t participate in dropping your criminal investigation that Dickie Scruggs would fund an alternate candidate and Mike Moore would support that?

A. No, sir. Absolutely not.


From today's article on the situation from Patsy Brumfield at the Daily Journal . . .

The judge said he couldn't take the problem to the state attorney general's office because he had heard that Dickie Scruggs used Moore, former state Auditor Steven Patterson and former New Albany attorney Timothy Balducci to threaten Attorney General Jim Hood to settle State Farm Katrina-related insurance cases to allow the Scruggs Katrina Group to collect its legal fees.

Otherwise, he said, Scruggs would find a candidate to run against Hood for re-election "just like they would for commissioner of Insurance."

Lackey said he heard that from assistant District Attorney Lon Stallings.


Moore protested immediately running into the hall to get on the record. I guess he thought the best defense was a good offense because he basically called a sitting Circuit Court Judge either demented or a liar. From the same article . . .

"Judge Lackey either is very confused or he made up the story out of whole cloth," Moore said.


It would seem this puts Hood and Moore squarely on the other side of whatever the truth is from Lackey and Balducci.

However, Moore may protest too much, and his credibility is pretty much shot when it comes to matters involving Scruggs. Remember recently that Mike "Tom Hagen" Moore was retained to criminally defend Zach Scruggs. In an interview with Patsy Brumfield, he said . . .

“Zach is innocent of the charges pressed against him, and we look forward to his exoneration."


Of course, we all know what happened next. Just a few days later, that same client Zach pleads guilty to a felony. Not exactly the stuff that public credibility is made of. He could have just as easily said "my client has pleaded not guilty and we look forward to trial". But old habits die hard and his tendency to try cases in media seems hard for him to escape.

The trouble with Mike Moore is that he never had to defend a guilty person in his professional career in any sort of publicly meaningful way. In all of his days as Mississippi AG, that allowed him to carry this aire of righteous indignation about him with regards to criminals. Now as the Scruggs consigliere, he seems to have been forced to throw away two decades of political and public goodwill that he has built up. That forfeiture of goodwill, I believe, is what cost Moore his run for the US Senate seat that he had long coveted. I just hope Scruggs has paid him well, and that it was all worth it.

Posted April 16, 2008 - 6:33 am
16 Comments:

Another interesting nugget . . .

He also showed the Daily Journal a text message he had just received from Stallings, which confirmed the story.

I’d love to know what was on that text message.

Posted by Alan on 04-16-2008 at 09:12 AM [link]

And, I have a hard time understanding the comments of saying that he investigated and saying Stallings “made no mention of the conversation with Lackey.” And then following with “On the contrary, he [Stallings] told Lackey to call the AG’s office.”

Moore, who represents Scruggs’ son Zach on his criminal charges in the Lackey bribery attempt, said he had an investigator interview Stallings and he made no mention of the conversation with Lackey.

“On the contrary, he told Lackey to call the AG’s office,” Moore added.

Was there or was there not a conversation between Hood’s good friend Stallings and Judge Lackey or not, according to Moore.

Posted by JDBerry on 04-16-2008 at 09:32 AM [link]

Rossmiller has some very good questions as well:

-What exactly did the text message say? 

-Will Moore be willing to share it with the public, say, by posting a copy of it on his law firm’s website?  Did Moore get Stallings permission to show his text message to third parties?

-When it says “confirmed the story,” what story was confirmed? According to Moore, Stallings said to contact the AG’s office.  Does that mean that Stallings did not relate the story about Hood being pressured? Does it mean he did relate that story but said to contact the AG anyway? Does it mean that he related the story but did not claim any involvement by Moore?  Does it mean that Stallings said Lackey’s testimony was entirely false? 

-If the text message confirmed something, why don’t we know verbatim what the message said, and if a message from Moore to Stallings preceded it, why don’t we have a verbatim accounting of what that message said?  Since Stallings is a Mississippi public official, these text messages should be accessible through a Public Records Law request. 

-Something about the Moore remarks strikes me as something less than a categorical denial that Hood received pressure from Scruggs to help settle the cases, or at the least, that Scruggs intended to or tried to assert such pressure. When Moore says he wouldn’t have anything to do with Patterson, does that also mean he wouldn’t have anything to do with Balducci?  If Scruggs wanted or intended to pressure Hood to bring about that result, even if Hood wasn’t aware of it, was Moore aware of it in any way?

-Is it wise to call Lackey out as either confused or a liar? This was tried, with a distinct lack of success, by Scruggs’ defense in the bribery case.  What motive would Lackey have to lie?

-If Lackey is confused, can Moore say with confidence the investigation would have turned out the same way had Lackey actually gone to the AG’s office? I mean, Hood showed a draft of his own civil lawsuit against Katrina insurers to Scruggs for his input within days after Katrina hit, he worked closely with Scruggs on such matters as the Rigsby documents and considered Scruggs his confidential informant.  It’s not like we lack evidence, outside of the evidence of Lackey’s testimony yesterday, that Hood and Scruggs were tight.  Who will say with a straight face that Lackey’s fears about going to the AG’s office were delusional?  It would take a lot of Hoodzpah to make such a claim.

Posted by JDBerry on 04-16-2008 at 09:42 AM [link]

"Since Stallings is a Mississippi public official, these text messages should be accessible through a Public Records Law request.”
Since the state doesn’t supply Stallings with a cell, it’s Stallings’ personal cell.
I highly doubt those cell records could be obtained through a Public Records Law request. Then again, I’m not a lawyer.

Posted by rebmus on 04-16-2008 at 09:52 AM [link]

Alan,

A sincere thanks for putting together posts like this.  There is SO MUCH I’ve had to stop reading all the individual articles.  Your posts make it possible to keep up without getting a splitting headache or becoming completely unproductive 3 hours a day.

Posted by jdaviscovington on 04-16-2008 at 10:03 AM [link]

Where did Mike Moore go to lawschool?

Posted by ccvz on 04-16-2008 at 10:23 AM [link]

According to Wiki,
Ole Miss, Class of ‘79.

Posted by rebmus on 04-16-2008 at 11:07 AM [link]

I got the impression that the text message from Stallilngs was shown to the reporter and the reporter said it confirmed what he was saying. 

State Farm was using Jones v. Scruggs as a conduit of information.  Jones’s lawyers were filing all of these things to get them in the public arena spreading all of these rumors.  They came up in Natchez and Hood denied them.  This same rumor came up again in the fbi transcripts and 302s.  It sounds fishy to me that this same rumor keeps going around, made Lackey suspicious and led to his entrapping his protege Balducci and therefore Scruggs.  Who benefits?  State Farm.  Who loses—Katrina victims.

Posted by aspen on 04-16-2008 at 02:32 PM [link]

Boy, I sure would hate to see ole Mike Moore get sucked into this with his good friend Jim Hood....and Jim Hood good friend Dickie Scruggs.  grin) To much Smoke here....

Posted by southernstyle on 04-16-2008 at 03:00 PM [link]

Aspen, you are a bit behind the curve.  No one can blame you as this thing has about 8000 moving parts.  We do know that Balducci and Patterson were paid $500K to influence Hood.  Hood and Balducci both admitted (under oath) that they had dinner.  The difference comes in what message was delivered.  A very close read of Hood’s denial shows substantial word parsing.

At the end of the day, though Hood denies the influence, Hood started criminal pressure on State Farm when Dickie wanted him to and ended it when Dickie wanted him to.  Those are the facts, and they are not pretty.

Posted by Alan on 04-16-2008 at 06:37 PM [link]

On the stand, Lackey said he had heard that because Hood didn’t want to settle a claims dispute with State Farm Insurance, Moore and Scruggs got mad, with Scruggs’ threatening to find a campaign opponent for Hood in the 2007 statewide election, just like he had done to Insurance Commissioner George Dale. Lackey said he heard that from Stallings.

However, Stallings told the Daily Journal on Wednesday he had told Lackey about Hood’s disagreement with Moore and Scruggs, but that he had never mentioned anything about Dale.

The threat to Hood did not include Balducci or co-defendant Steve Patterson, which an earlier story stated.

Stallings also said he told an investigator for Moore, who represents Zach Scruggs, about his advice to Lackey and what he had said about Moore and Scruggs’ disagreement with Hood.

A text message shown Tuesday to the Daily Journal, which reporter Patsy Brumfield originally thought was from Stallings, was not. It was from Moore associate Lee Martin, and Moore said again Wednesday it confirmed his recollection of what his investigator told him about speaking with Stallings and his advice to Lackey.

DJ corrects it’s story

Posted by JDBerry on 04-17-2008 at 08:11 AM [link]

Yeah, so basically all that BS re Stallings texting Moore denying having this communication with Judge Lackey was exactly that: BS.  I’d love to know how the DJ made this, imo, HUGE mistake.

Posted by hazel75 on 04-17-2008 at 08:19 AM [link]

trusting Moore a little too much and wanting to scoop something?  What if they had the smoking gun that the Judge who brought down Scruggs might have not told the truth on the stand and had a former AG with some sort of “proof”?  Push into print to scoop everyone because it will be a big story?

Posted by JDBerry on 04-17-2008 at 08:42 AM [link]

Stallings told the Daily Journal on Wednesday he had told Lackey about Hood’s disagreement with Moore and Scruggs, but that he had never mentioned anything about Dale.

That’s known as a distinction without a difference.  The point is, Lackey didn’t report the bribe attempt to Hood because Lackey believed Hood was under Scruggs’ thumb.  Stallings admits telling this to Hood, which corroborates the same story we’ve heard elsewhere (i.e., the infamous dinner at Crechales (btw, who the heck eats there anymore???)).

Whether Lackey also mentioned anything about Dale couldn’t possibly be less relevant.

Posted by RFaC the Sequel on 04-17-2008 at 09:44 AM [link]

Did Patsy Brumfield used to work for Dick Molpus?  If so, would Moore trust her enough to ‘feed’ her some BS so she’d run with it?

Posted by ccvz on 04-17-2008 at 10:23 AM [link]

Like I said, there’s an awful lot of word parsing going on.  Moore and Hood are giving answers to the questions they’d rather have asked of them instead of the questions that they’re asked.

Posted by Alan on 04-17-2008 at 10:51 AM [link]
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