DA Lets Cobb, Kelsey Off Hook in Legislative Crime Spree
By Jeff Woods
If it had been up to DA Torry Johnson to decide whether to prosecute the Watergate burglary case, Richard Nixon's face would be carved into Mount Rushmore by now. In Johnson's opinion, you can break the law as long as you screw up the crime. In that case, you're in the clear. Yesterday, Johnson decided against prosecuting state Rep. Jim Cobb for hiding a voice-activated tape recorder under the desk of his legislative assistant last September. Johnson says Cobb apparently did break wiretapping and surveillance statutes, but he won't be prosecuted because he did such a lousy job of it. From the Chattanooga Times Free Press:
Although wiretapping and surveillance statutes do appear to apply in the case, because of the "incomprehensible nature" of the tape's content and the "short amount of time the recorder was used," the case will not be pursued criminally, Mr. Johnson said. "While it appears that Mr. Cobb's actions were in violation of the statute and demonstrated very questionable judgment, under these specific circumstances, I don't think criminal prosecution is the appropriate remedy," Mr. Johnson said. "If there was confidential information that was captured and intelligible, or had the recordings gone on for a longer period of time, the results of our review would have been different regarding possible criminal prosecution."
Cobb claims he did it because he suspected his aide was treating constituents rudely, and he wanted to catch him in the act.
http://blogs.nashvillescene.com/pitw/2009/02/da_lets_cobb_off_hook_for_secr.php#commentsIn other news from the desk of Dist. Atty. Gen. Victor S. "Torry" Johnson, it's also OK for a state representative to send a text message to try to extort a committee chairmanship out of the House speaker:
http://www.commercialappeal.com/news/2009/feb/12/nashville-da-wont-pursue-extortion-complaint-again/