Press release from the Tennessee Firearms Association; July 27, 2012:
This is the entire body of message that went to all legislators in Tennessee this morning. Call your legislators now and reinforce this message. Demand that they speak out publicly against Maggart’s lies and bullying. DO NOT let them tell you that they want to “stay out of it” – they are elected officials and sometimes that means demanding publicly ethical conduct of their peers.
The Tennessee Firearms Association has taken a position on Debra Maggart and focused our attention and resources on her as an example of what is wrong with the General Assembly.
All legislators have some, and in some instances for those who have publicly endorsed her a significant degree of, accountability for the actions of Debra Maggart. She is a selected leader of the Republican caucus. She is a legislator and is subject to ethics charges. She is causing great concern to arise regarding whether the entire legislature is nothing but a cesspool of people more concerned about being re-elected than representing the people with the honor and truthfulness of a steward. It is your opportunity and obligation to demonstrate to the people of this state that you do not stand with or condone lying and unethical legislators and that you will speak the truth to condemn misconduct of those in public office.
TFA is demanding that each legislator take action to stop Debra Maggart. She is engaged in inappropriate and unethical conduct in her campaign. She needs to be told to immediately stop and apologize. That demand needs to be made public so that there is no question who stood for truth and who stands with or even silently tolerates a liar. There is no setting on the sidelines as a spectator for an elected official who lies and abuses her position of power. You either condemn this action or your inaction signals your willing acceptance of it.
Each legislator has the ability to bring ethics charges against Debra Maggart.
Each legislator has the ability to stand up and publicly renounce the intentional lies and misrepresentations of Debra Maggart.
Each legislator has the ability to tell the lobbyists that they do not have to submit to Debra Maggart’s demands for support in her campaign or risk retaliation.
Each legislator’s actions or inactions will be measured in the public dialogue.
So, what are the problems that demand your involvement – NOW?
1. Debra Maggart is using her legislative telephone number on her campaign advertising. It can be inferred that by doing so she is using her legislative office phone services, office supplies and state paid staff in her re-election campaign. This may be a criminal violation and if not it should be. This certainly should be an ethics violation and should be prosecuted with an ethics complaint of the most harsh degree. This absolutely is wrong and she should be publicly chastised by her legislative peers for her gross misconduct.
This is what she is using as a campaign footer:
© Debra Young Maggart | State Representative 45th District
112 La Bar Dr. Hendersonville, TN 37075 | 615-741-3893
Paid for by Debra Maggart for State Representative; Debra Maggart, Treasurer
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Is Debra also using her legislative budget to pay for this email service? Who knows. However, are you willing as elected officials to be accountable to your constituents for letting another legislator use state paid resources – including staff – in her re-election campaign? Your actions – including your silence – will answer that question in the next few days.
2. Debra Maggart is intentionally lying to the public about the candidate disclosure form. It is an intentional misrepresentation by Maggart and should be condemned.
The facts are simple. Candidates for office must fill out a disclosure form (the state SS-8004). One question on the form asks:
Bankruptcy – List any adjudication of bankruptcy or discharge received in any United States district court within five (5) years of the date of this report.
Lt. Col. Rogers answered “none” to that question. That was truthful and accurate answer.
Rogers and her husband did file bankruptcy following a failed business effort after retiring from the military. The Rogers chapter 7 bankruptcy according to the Court’s records, was opened on 3/2/05. They were discharged on 6/15/05 but the court appointed bankruptcy trustee did not conclude the administration of the estate and close it until 7/28/08. Those are specific and federally defined terms.
Rogers’ discharge is indisputably on March 2, 2005. Roger’s disclosure form is dated 3/19/12. Therefore, the relevant window regarding the bankruptcy question would be 3/19/07. Roger’s discharge was almost 2 years prior and clearly outside the five year window designated on the form so a “none” response was truthful and accurate.
Apparently, the state did not consider bankruptcies older than 5 years to be relevant because it specifically created the five year window . The question clearly requires the disclosure of any “discharge” which is a specific legal event under federal law not the date the estate was “closed”.
The date of a “discharge” is critical under 11 USC Secs 524 and 727 because it is that specific event and date which determines the rights and obligations of future creditors. The termination of prior claims as to the individuals granted the discharge and many other matters. The date a bankruptcy estate is closed has nothing to do with a discharge or even whether a discharge is ever granted.
TFA has the bankruptcy file and will email it to you if necessary to resolve the disagreement on the facts.
TNReport.com is one of the few news agencies that has actually reported on this story. Other news agencies have reported that Maggart was “shopping” the story but after looking into it they concluded it was not a factually reliable story. TNReport issued this story on July 9.
In it, they asked a Nashville bankruptcy attorney, Ed Rothschild to review the matter for them. This is the quote from the story:
But a Nashville bankruptcy attorney questioned whether the chain of events in Rogers’ case met the five-year test.
The late closing of the case had nothing to do with the actual ruling and liquidation, which was finished by 2005, says Edgar Rothschild, who was not involved in the case and reviewed the documents at the request of TNReport.
“I see nothing unusual about the fact that it was opened in 2005 and not closed until 2008,” he said. “The fact that the trustee took so long moving his paperwork along and disposing of the assets had nothing to do with the debtors. There is nothing in the report which indicated that the debtors did anything questionable.”
The fact is clear that what Debra Maggart is using as her primary negative attack on Lt. Col. Rogers is intentionally and knowingly false. Perhaps, it is perhaps possible that Maggart is too illiterate to know the difference – but let her make that excuse. In either event, she apparently hopes that the citizens will not learn or know the truth until its too late to make a difference.
Maggart has tried to make a big issue out of this. In response, the Rogers campaign has already asked elected members of the General Assembly to “sanction their own”. It is sad that apparently none of you have publicly done so at this point. That is sad because your silence turns your back on and thereby condones intentional lies by Maggart. Are you willing to tolerate that kind of deceitful and unethical misconduct?
3. Debra Maggart has taken on the NRA and is now lying about her record. Debra Maggart has put out a campaign ad that claims:
– Debra Maggart has consistently been given an A+ rating by the NRA—the highest rating possible on gun rights.
While Debra claims – as do most of you – that the NRA is the leading entity for giving endorsements on 2nd Amendment issues, Debra misleads the public by claiming she has an “A+” rating when in fact she received a “D” from the NRA this year. That is a clear and undeniable lie. Are you willing to tolerate that kind of deceitful and unethical misconduct regarding what is normally a cherished NRA endorsement?
4. Debra Maggart is falsely claiming that Lt. Col. Rogers is running a “negative campaign”. While it is true that the NRA and the TFA are negative on Maggart, Lt. Col. Rogers is not attacking Maggart other than discussing specific votes and specific bills.
5. Debra Maggart is misusing her campaign funds. In the Summer of 2011, Maggart and 14 other members of the TN General Assembly made a trip to China (http://www.memphisdailynews.com/editorial/Article.aspx?id=61517).
Debra Maggart apparently saw fit to reimburse herself for luggage for that trip from her Campaign Finance Account. If you go to https://apps.tn.gov/tncamp-app/public/cpsearch.htm you can enter the last name of a candidate and access the candidate’s campaign finance reports. If you access Rep. Maggart’s “Early Mid Year Supplemental (2011)” report you will find an entry for the reimbursement of a $431.54 “Travel Expense” she paid to Mori Luggage in Nashville. The entry is dated 2/28/2011. Tennessee statutes prohibit the use of campaign funds for the personal use of a candidate.
Also of interest in that same report is an entry for the purchase of $2,084.15 in furniture from C.W. Sanderson, Kenton, TN. The entry indicates the reimbursement to Rep. Maggart is for “Legislative Office Furniture.” Since the State of Tennessee provides furniture for her Nashville office one must assume the purchase was for her “home office.”
That report also includes two entries to Home Depot for “Legislative Office Paint” and several entries for “Office Supplies.” All these entries should be viewed with the understanding that the State of Tennessee provides a $1,000 a month to you as members of the General Assembly to offset expenses involved in maintaining an office in their home district.
Debra Maggart is trying to twist the arms of legislators to support her campaign. Do not fall for it. Debra Maggart and perhaps others have made their bed by selling out constitutional rights and getting in bed with Federal Express and its conspirators. When her campaign reports are filed, those who support her with money will be on public record.
TFA is asking you now to stand up and be good stewards. Do not allow your inaction on these issues to signal to the public that you condone Debra Maggart’s conduct. Hold her accountable for her actions. Hold her accountable openly and in the public square and discourse.