Outrage Grows Over Jailing Of Children As Tennessee University Cuts Ties With Judge Involved

This story first appeared at ProPublica and Nashville Public Radio. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

​​In the days after ProPublica’s investigation of the juvenile justice system in Rutherford County, Tennessee, one state lawmaker wrote that she was “horrified.” Another called it a “nightmare.” A third labeled it “unchecked barbarism.” A former Tennessee congressman posted the story about the unlawful jailing of kids and tweeted, “The most sickening and unAmerican thing I’ve read about in some time.” The NAACP Legal Defense and Educational Fund called for a federal civil rights investigation. A pastor, in his Sunday sermon in Nashville, said: “We can’t allow this madness to continue. These are our babies.”

And on Tuesday evening, four days after the story published, the president of Middle Tennessee State University notified faculty and staff that Donna Scott Davenport, a juvenile court judge at the heart of the investigation, “is no longer affiliated with the University.” Davenport had been an adjunct instructor at the school, which is based in Murfreesboro, Tennessee. For many years, she taught a course on juvenile justice. In 2015, she was one of the university’s commencement speakers.

Davenport did not respond to a request for an interview sent Tuesday evening. She declined to be interviewed for our previous story. On Friday, ProPublica published a detailed account, in partnership with Nashville Public Radio, about Rutherford County’s juvenile justice system, which Davenport oversees. The story chronicled how the county had illegally arrested and jailed children for years and in June settled a class-action lawsuit, agreeing to pay up to $11 million.

On Wednesday, a Rutherford County spokeswoman said in an email that she had not yet had the opportunity to consult with Davenport about the interview request. She provided a written statement from the county’s mayor, Bill Ketron, which said in part, “I share our community’s concerns over a news story that was recently released involving Rutherford County’s juvenile justice system.” The mayor’s statement said that because of ongoing litigation in federal court, the county is “very limited in what can be discussed.”

Davenport is a graduate of MTSU, where she earned associate’s, bachelor’s and master’s degrees, according to a university press release from 2015. Davenport, in a monthly radio segment, has spoken frequently of her law enforcement background. In a sworn deposition in 2017, she said that while a student at MTSU she worked full time as a university police officer for two to three years. But her personnel file, obtained through a public records request to the university, showed her being a part-time dispatcher, then a full-time clerk-typist, then a full-time secretary.

This year, Davenport’s LinkedIn profile said she had begun working as an adjunct at MTSU in 1996. (Her profile is no longer online.) She passed the bar one year earlier, in 1995, on her fifth attempt, she told lawyers in a deposition. In 1998, she was appointed to be a juvenile court referee, a position akin to a judge. In 2000, she won election to the newly created position of Rutherford County juvenile court judge, a job she has held ever since, winning reelection two times. She has said previously that she plans to run again next year for what would be an eight-year term.

Davenport’s MTSU personnel file shows that when she taught a three-credit course on juvenile justice in the fall of 2020, she was paid $2,400.

On Tuesday evening, a one-sentence email signed by MTSU’s president, Sidney McPhee, was sent to the university’s faculty and staff. “Adjunct instructor Judge Donna Scott Davenport, whose actions overseeing Rutherford County Juvenile Court have recently drawn attention in national media reports, is no longer affiliated with the University,” it said. The president’s message was also shared with students on Facebook.

We asked the university for an interview with McPhee. But an MTSU spokesman responded by email, “It is our practice not to comment on personnel matters.” The president’s one-sentence message “will likely be our only statement on this matter,” the spokesman wrote.

On Sunday, Vincent Windrow, senior pastor at Olive Branch Church in Murfreesboro and Nashville, delivered a sermon at both branches centered on the revelations by ProPublica and Nashville Public Radio about Rutherford County’s juvenile justice system. The story included a detailed account of Murfreesboro police arresting four Black girls at an elementary school in 2016. The officers handcuffed two of the girls, including the youngest, an 8-year-old. The kids were accused of watching some boys fight and not stepping in. (They were charged with “criminal responsibility for conduct of another,” which is not an actual crime. All the charges were later dismissed.)

“How traumatic must it have been, as someone who is in elementary school, to be handcuffed? Were they going to resist arrest? As a 9-year-old, as a 10-year-old?” the pastor told the congregation in Nashville, according to a video of the sermon. “How in the world do we expect folk to respect law enforcement when they get treated with such a lack of dignity, such a lack of respect, such a lack of love?”

“How can we expect our children to grow up and admire police when they have been treated in such a contemptible way?”

“Who will it be next? Whose child will it be next? Let it end, and let it end now.”

Windrow also works at MTSU, where he serves as associate vice provost for student success. In his Sunday sermon he encouraged parishioners to call on the MTSU president and governing board to ask why Davenport was being allowed to continue on. “What is she teaching the students?” Windrow said. “What are they learning in their criminal justice administration classes? What is she trying to convey to them? More of the same?”

In Rutherford County, Davenport instructed police on what she called “our process,” telling them that upon arresting children, they should take them to the juvenile detention center. There, staff used a policy called the “filter system” to decide which children to hold. That system, broad and vague, was illegal. A federal judge ordered an end to it in 2017. Davenport oversees the juvenile detention center and appointed its director. In 2014, among cases referred to juvenile court, Rutherford County locked up children in 48% of its cases. The statewide average was 5%.

In 2015, in a commencement speech at MTSU, Davenport told graduates that to be successful, “you need to consider yourself in the people business,” according to a video excerpt of her address. She encouraged graduates to be “sincere, open-minded and fair.” A story on her speech in Murfreesboro’s Daily News Journal said Davenport listed honesty, integrity and a sense of justice as crucial traits.

After ProPublica published its story, Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, wrote a thread on Twitter; she said she was “horrified” and called on the U.S. Department of Justice to investigate. WKRN, a Nashville television station, published a story in which a state senator, Jeff Yarbro, said, “It’s a horror show plain and simple,” and state Rep. John Ray Clemmons, in a written statement, called it “unchecked barbarism,” adding, “we must admit that we’ve failed too many for far too long.”

Gloria Johnson, a state representative, tweeted, “Our Democratic caucus will work to make sure this never happens again.” In an email to ProPublica, she wrote, “It is unimaginable and must be corrected.” State Sen. Heidi Campbell also wrote to ProPublica, saying of the story, “As you might imagine, we are all horrified by it.”

Jan. 6 Committee Prepping To Immediately Hold Bannon In Contempt For Likely No-Show

The House Jan. 6 select committee is already preparing to make good on its threat to hold former White House senior adviser Steve Bannon in criminal contempt ahead of his scheduled hearing on Thursday, according to CNN.

Continue reading “Jan. 6 Committee Prepping To Immediately Hold Bannon In Contempt For Likely No-Show”

Herschel Walker Cancels Fundraiser With Supporter Who Had Swastika Profile Pic

A lot of things happened. Here are some of the things.

Whoops!

Herschel Walker, the football great who embraced Trump and is seeking the Republican nomination to challenge Sen. Raphael Warnock (D-GA), has called off a fundraising event in Texas with an anti-vaccine film producer who had a graphic of needles formed as a swastika in her Twitter profile picture.

  • Walker’s campaign initially claimed earlier on Wednesday that the graphic wasn’t a swastika. “This is clearly an anti-mandatory vaccination graphic. Herschel unequivocally opposes anti-semitism and bigotry of all kinds,” a campaign spokesperson told the Atlanta Journal-Constitution.

This was the profile pic:

  • The campaign backpedaled several hours later. “Despite the fact that the apparent intent behind the graphic was to condemn government vaccine mandates, the symbol used is very offensive and does not reflect the values of Herschel Walker or his campaign,” a spokesperson said.
  • The film producer, Bettina Sofia Viviano-Langlais, who removed the pic after it was first reported by the AJC, insisted that it was “a pic showing what happens when fascists demand people insert foreign material into their body they don’t want.”

Biden Shoots Down Trump Executive Privilege Claim On Jan. 6 Docs

The White House published a letter Wednesday night in which White House lawyer Dana Remus informed Archivist of the United States David Ferriero last Friday that Biden won’t be upholding Trump’s claim of executive privilege in the ex-president’s bid to shield requested documents from the House Jan. 6 select committee.

  • The letter came after Trump officially submitted his objection to releasing the documents. Remus had already told the U.S. National Archives about Biden’s refusal to invoke executive privilege earlier on Friday.
  • Remus told Ferriero that the current President “maintains his conclusion that an assertion of executive privilege is not in the best interests of the United States.”
  • Remus said that Biden “further instructs Ferriero to hand over the documents to the select committee 30 days after notifying Trump, “absent any intervening court order.”

A Big Day For Jan. 6 Committee

Former White House adviser Steve Bannon and ex-Defense Department official Kash Patel are due to give depositions to the committee today.

  • Patel has been “engaging” with the committee, committee chairman Rep. Bennie Thompson (D-MS) and vice chair Rep. Liz Cheney (R-WY) said last week.
  • Bannon … not so much. Don’t expect him to show up today.

Bannon Doubles Down On Defiance Of Jan. 6 Committee’s Subpoena

Bannon’s lawyer, Robert Costello, sent a notice to the House Jan. 6 select committee yesterday reaffirming that the former White House adviser would not comply with the committee’s subpoena for documents and testimony, citing Trump’s invocation of executive privilege.

  • Bannon is “not required to respond” to the subpoena “at this time” as the committee wrestles with Trump over the ex-president’s privilege claim, Costello argued. “Until such a time as you reach an agreement with President Trump or receive a court ruling as to the extent, scope and application of the executive privilege […] Mr. Bannon will not be producing documents or testifying,” the attorney wrote.
  • As we’ve pointed out before, Bannon’s argument is pretty absurd given that he wasn’t working at the White House by the time Trump’s mob attacked the Capitol on Jan. 6, and hadn’t been for years, in fact.
  • The select committee has made it abundantly clear that they’re ready to pursue criminal charges against Bannon or any other of the other Trump lackeys who defy their subpoenas.

Wind Farms Planned Along Most Of US Coastline

Interior Secretary Debbie Haaland announced yesterday that the Biden administration will start leasing federal waters off the coasts of California, Oregon, the Carolinas, the Mid-Atlantic states, Gulf of Mexico and Gulf of Maine to wind farm developers by 2025.

Gaetz’s Friends Are Too Scared To Text Him

Rep. Matt Gaetz (R-FL), who is currently under federal investigation for alleged sex trafficking of a minor, has become radioactive in his social circles (or at least his phone number has), according to Insider.

  • His friends are reportedly afraid that the feds are monitoring the congressman’s electronic devices. “No one wants to inject themselves into anything while there’s 16 dozen people looking into everything that comes into that phone,” one friend said.
  • For what it’s worth, we don’t know for sure if Gaetz is under surveillance. The GOP lawmaker hasn’t been criminally charged with anything and has denied any wrongdoing.
  • In any case, it seems like some of Gaetz’s buddies are just watching the show. “Everybody’s kind of sitting back with popcorn,” one of his GOP colleagues in Florida told Insider.

? Morning Memo Radio ?

Graphic Design Is My Passion

Check out these stickers you can get “for FREE” if you donate $25 to Trump’s Save America PAC:

“You need a set of these limited-edition stickers so you can let everyone know you will NOT be controlled and you will NOT let FAUCI STEAL CHRISTMAS,” the fundraiser email bellows.

Indeed! Us patriots will NOT let National Institute of Allergy and Infectious Diseases director Anthony Fauci destroy our Christmas when he says, uh, “it’s just too soon to tell” if people should avoid gathering in large groups for the holidays during a global pandemic.

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Where Things Stand: Airlines Buck Abbott’s Confusing Anti-Mandate Mandate

Two Texas-based airlines plan to follow federal regulations about vaccination mandates, defying the state’s Republican governor’s recent mandate barring such mandates in the Lone Star State.

How many times can we say mandate?

Gov. Greg Abbott’s whole positioning on COVID-19 vaccine mandates in Texas would be amusing if it weren’t so dark. Abbott passed an executive order on Monday, banning “any entity” from adopting vaccine requirements in the state, even if private businesses want to implement them and/or follow federal requirements on vaccinations for employees. His order is hyper-focused on the badness of government mandates, while being a mandate in and of itself.

Continue reading “Where Things Stand: Airlines Buck Abbott’s Confusing Anti-Mandate Mandate”

The Sausage Making: Kyrsten Sinema’s Secret Policy Demands

While Congress is in recess this week, we’ll be watching negotiations on the infrastructure bill and presenting them to you in an evening briefing. Check in here to find out how the sausage-making is shaping up. 

Continue reading “The Sausage Making: Kyrsten Sinema’s Secret Policy Demands”

Jan. 6 Panel Subpoenas Jeff Clark, Ex-Trump DOJ Official Who Boosted Big Lie

The House select committee investigating the events of Jan. 6 on Wednesday subpoenaed Jeffrey Clark, a former Trump administration Justice Department official who attempted to use department resources to bolster former President Trump’s election fraud falsehoods.

Continue reading “Jan. 6 Panel Subpoenas Jeff Clark, Ex-Trump DOJ Official Who Boosted Big Lie”

Judge Dismisses Georgia Lawsuit That Election Truthers Were Watching Closely

A Georgia judge on Wednesday dismissed a lingering lawsuit over the 2020 election that had attracted significant attention from Trump-aligned election truthers. 

Continue reading “Judge Dismisses Georgia Lawsuit That Election Truthers Were Watching Closely”

Warren Isn’t Budging On Reconciliation Topline: ‘Other Side’ Should Make Demands Clear

Sen. Elizabeth Warren (D-MA) on Wednesday signaled that she is not giving up on the reconciliation package’s $3.5 trillion topline, despite some Democratic leaders’ suggestions that a smaller price tag of $2 trillion would get centrist Sens. Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) to come around to supporting the sweeping legislation.

Continue reading “Warren Isn’t Budging On Reconciliation Topline: ‘Other Side’ Should Make Demands Clear”

Is Garland Up To the Job?

I get the sense that the Jan 6th committee is moving rapidly toward holding non-compliant Trumpers in contempt and asking the Justice Department to prosecute refusers like Steve Bannon for criminal contempt. That appears to be TPM Alum Greg Sargent’s sense too. Of course, talk is cheap. And there’s a chorus of understandably frustrated Democrats saying “we’ll believe it when they see it.” But my assumption is that the committee members know their statements over the last week have raised the stakes for themselves dramatically. If they don’t, they are prepping a huge backlash from a lot of people who are tired of seeing Trumpers make the law an object of contempt.

Continue reading “Is Garland Up To the Job?”