NASHVILLE, Tenn. (WTVF) — When Tennessee Bureau of Investigation agents descended upon the offices of Nashville District Attorney General Glenn Funk back in March, the DA issued a statement saying they were there following his "invitation."
Now, NewsChannel 5 Investigates has learned the rest of the story: agents were executing a search warrant issued by a Davidson County judge, authorizing them to look for evidence of criminal activity — meaning it was not a friendly visit as much as it was a raid.
That search warrant, according to sources, was issued by Davidson County Criminal Court Judge Cheryl Blackburn.
We asked veteran Nashville lawyer Gary Blackburn (no relation to Cheryl Blackburn) to describe the significance of a search warrant being used instead of an invitation.
"They had to go to a judge, in this instance, Judge Blackburn, and show her that there was probable cause to believe that a crime had been committed and that the area to be searched contained evidence of the crime," Gary Blackburn said.
To convince a judge to issue a search warrant, Gary Blackburn said, "You have a policing agency that provides an affidavit."
NewsChannel 5 Investigates followed up, "And that would tell you they've got witnesses?"
"It would suggest they've got witnesses or other compelling evidence such as writings, emails and the like."
NewsChannel 5 has filed a motion asking the court to unseal the files, and Funk joined in that motion on Tuesday. His motion argues that "any probable cause in the search warrant affidavit must be based on false statements to law enforcement or a misapplication of the law."
"General Funk is a public official. The District Attorney's Office is a public office. Transparency is key to public trust," the motion concludes.
NewsChannel 5's cameras captured the scene on Friday, March 24th, as TBI agents came and went from DA offices, at one point moving in mass from one floor to another. We spotted at least a dozen special agents and technicians, although some insiders suggested there were more investigators involved than just the ones we saw.
Later that night, NewsChannel 5 spotted TBI personnel still at work. NewsChannel 5 Investigates was told they expected to be there much of the night, perhaps longer.
A DA investigator was seen providing agents with a security swipe card that would allow them to come and go as necessary.
Funk's newly filed motion says agents finally left about 3 a.m.
Following the search, NewsChannel 5 Investigates regularly checked court files where search warrant returns are normally filed, providing a list to the court of all items seized.
In this case, we were told that Judge Blackburn had apparently placed everything under seal to keep it from the public, likely at the request of the Tennessee attorney general's office, which is spearheading the investigation.
But the handling of the investigation of Glenn Funk and his team stands in stark contrast to Funk's 2018 investigation of former Mayor Megan Barry.
There, when the TBI got a search warrant for Barry's phone looking for evidence of an affair between her and the head of her security detail, Funk and the TBI made all of the embarrassing details public immediately.
How unusual is it for everything to be under seal?
"Well, sealing everything is unusual," Gary Blackburn said.
The raid of the DA's offices followed a NewsChannel 5 investigation that had raised questions about the presence of microphone-equipped cameras capable of recording conversations of people who don't know someone is listening.
Signs warned about video surveillance, but not audio surveillance, leading the state attorney general to open an investigation into whether the DA's office could be violating federal and state wiretapping laws.
Two sources have told NewsChannel 5 Investigates that they have told investigators about the possible presence of microphones in areas that Funk has not publicly acknowledged.
During the search, TBI agents were spotted using a device that, according to the manufacturer, is "designed to detect illicit eavesdropping signals."
Funk has denied any wrongdoing, comparing the cameras in his office to Ring doorbells that are commonly used in residential settings.
After NewsChannel 5 Investigates broke the story about the search of the DA's office, the Nashville Democrat issued a statement.
“We extended an invitation to the TBI and the Attorney General’s Office several weeks ago to come inspect our office security system," Funk said in the statement.
"We are pleased they are finally here and we expect their investigation will find nothing inappropriate, much less illegal.”
Funk's office did not respond to a request for comment on this story.
In addition to the wiretapping concerns, our NewsChannel 5 investigation also raised questions about a retired member of Funk's staff who continued to get paid $75,000 a year with little evidence of work that he actually did for the money.
And we uncovered evidence of DA resources being used to help get the boss re-elected.
The attorney general recently agreed to pay Funk's personal lawyer to respond to a public records request we filed.
That lawyer then threatened to get a court order to block this reporter from filing any more public records requests, arguing that NewsChannel 5's investigation may reflect "an intent to disrupt government operations."
The attorney general's office quickly responded, telling him that — if such action was taken — the state would not pay the bills.
"This Office cannot, and will not, compensate you for work unrelated to this public records act request," chief of staff Brandon James Smith wrote in an email.
NewsChannel 5's lawyer Ron Harris has let the DA know that the station is prepared to take legal action, if necessary, to defend its reporters' right to ask for public documents.
Do you have information for our investigation? Email us: investigate@newschannel5.com
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