NASHVILLE, Tenn. (WTVF) — Nashville District Attorney Glenn Funk is signaling that he's ready to come out swinging against Tennessee Attorney General Jonathan Skrmetti as Funk finds his office at the center of a criminal investigation led by Skrmetti's office.
On Tuesday, Funk joined a motion filed by NewsChannel 5 to unseal court documents related to a search of the district attorney's offices back in March. Prior to NewsChannel 5's revelation of the search warrant, Funk had never publicly admitted that it was actually "a raid," as his motion now characterizes it.
While the state attorney general is the only person who can investigate a sitting district attorney general, Funk's motion argues there is a conflict between the AG's representation of the DA in five civil cases and the on-going criminal investigation.
Related: Search of DA's offices was based on search warrant - not 'invitation'
"Thus, it is absolutely necessary to open the instant file and affidavit because it directly affects whether General Funk has an obligation to report the Attorney General to the Board of Professional Responsibility, request an advisory opinion, and/or request one or more court orders requiring the Attorney General to withdraw from representing General Funk and his office in all pending and future matters due to violations of its ethical and professional duties," the motion states.
The Tennessee Board of Professional Responsibility regulates the ethical conduct of the state's lawyers.
Funk's motion false claims that, "in fact, a former Assistant Attorney General from General Funk's office, who was employed there through July of 2022, is now working for the Attorney General in the unit investigating its own client - General Funk."
The employee in question, NewsChannel 5 has learned, was actually moved out of that unit to avoid any such conflicts when the AG's office decided to investigate Funk.
"Our office does not comment on personnel matters," chief of staff Brandon Smith said in an emailed statement.
"However, I can confirm that no former employees of the District Attorney General for the 20th Judicial District are involved in the ongoing investigation, nor employed within the division handling the investigation."
Skrmetti's office sent a letter to Funk on Friday, February 10, demanding the preservation of evidence as part of a criminal investigation into possible violation of wiretapping laws.
That followed a NewsChannel 5 investigation that raised questions about the installation of microphone-equipped cameras around the DA's offices that were capable of secretly recording conversations of individuals who did not know about the listening devices.
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"This was a shock to General Funk because at no point has General Funk ever directed anyone or been aware of any illegal wiretapping by the District Attorney's Office or within the District Attorney's Office," the motion states.
The motion details how Funk apparently showed up at Skrmetti's office unannounced the following Monday. The AG "refused to meet," but Funk provided a letter advising "that this matter needed to be cleared up expeditiously so as not to undermine confidence in the District Attorney's Office and that he and his office would cooperate completely."
Funk's motion falsely claims that "Attorney General Skrmetti confirmed this 'investigation' to Channel 5" at the end of that same week. In fact, the attorney general's office provided the original letter to Funk in response to a public records request, but declined to comment.
Related: AG opens criminal investigation of Nashville DA's office, letter shows
The raid on Friday, March 24, Funk's motion argues, was an "extreme and unnecessary measure." TBI agents showed up at 1 p.m. and did not leave until 3 a.m. Saturday.
NewsChannel 5 spotted the raid in progress after Funk's personal attorney, who has offices in the same building, insisted that this reporter personally come to his office to pick up some public records, instead of providing them by email.
Related: TBI agents descend upon Nashville DA offices
"Given the immediate consent and invitation by General Funk to inspect his office, he is bewildered as to why the Attorney General felt the need to procure a search warrant in this matter," the motion continues.
"Further, General [Funk] has no idea why the Attorney General felt the need to direct the search warrant to be sprung on the District Attorney's Office without prior notice and during office hours while disrupting the staff who were busy working on cases to keep Nashville safe."
Funk's motion says that "the TBI has now had five weeks to review the results of their search" and the attorney general "should be ready to announce that they have found that General Funk does in fact follow the law at all times and that neither he nor the District Attorney's Office has engaged in illegal wiretapping."
The motion also says that Funk secured his own polygraph examination that clears him of asking or directing anyone to conduct illegal surveillance; he was not asked about whether members of his own staff may have engaged in such conduct on their own initiative.
Funk wants to see the sworn affidavit provided to Criminal Court Judge Cheryl Blackburn to justify the search warrant.
"This release will confirm that any probable cause for this search warrant was predicated on either one or more individuals providing false information to law enforcement or a misapplication of the law," the motion claims.
Do you have information for our investigation? Email us: investigate@newschannel5.com
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