One of the individuals facing a lawsuit from the Mississippi Department of Human Services over allegations of misusing welfare funds has initiated a separate lawsuit against Governor Tate Reeves. In this lawsuit, the plaintiff, Austin Garrett Smith, asserts that Governor Reeves is attempting to shield political allies, including a former governor, from legal action.
Smith filed his lawsuit on Wednesday, characterizing himself as "politically powerless" in court documents. The suit alleges that Reeves should also sue former Republican Governor Phil Bryant, who was in office during the period when prosecutors claim that funds intended to aid some of the country's neediest individuals were redirected to projects advocated for by affluent and well-connected individuals.
Jim Waide, the attorney representing Smith, contended, "Reeves has actively shifted the focus of the MDHS lawsuit away from Bryant, despite overwhelming evidence of Bryant's involvement."
In response to questions regarding Smith's lawsuit, Reeves' press secretary, Shelby Wilcher, stated, "The State of Mississippi is fighting to claw back every single dollar that was misspent in the scandal that occurred before Governor Reeves assumed this office."
The Mississippi Department of Human Services had filed a lawsuit in 2022 against more than two dozen businesses and individuals, including Smith and retired NFL quarterback Brett Favre. The ongoing lawsuit aims to recover more than $20 million of the approximately $77 million in welfare funds that the state auditor determined had been misused between 2016 and 2019, during Bryant's second gubernatorial term. Auditor Shad White cited misspending, which included $5 million directed to one of Favre's projects, a volleyball arena at the University of Southern Mississippi.
Smith is the nephew of former Mississippi Department of Human Services executive director John Davis. According to the state's lawsuit, Smith received over $426,000 from the Temporary Assistance for Needy Families Program from 2017 to 2019 for purposes that were not permitted by the program. The lawsuit alleges that Smith was compensated under the pretense of providing services for two nonprofit organizations whose leaders had close connections to Davis and Bryant.
Smith's lawsuit asserts that many defendants in the state's lawsuit, including himself, possess "little or no" assets that could be used to satisfy any judgment against them.
Additionally, Smith's lawsuit contends that Reeves inappropriately hired private attorneys to represent the Department of Human Services when this legal work should have been handled by the state attorney general's office. According to Waide, "Reeves has controlled the MDHS suit to advance his own political interests and protect his political allies."
Governor Reeves is currently seeking re-election in the November 7th election. The Democratic nominee for governor, Brandon Presley, has accused Reeves of being tainted by the welfare misspending that occurred during Reeves' tenure as lieutenant governor when he had oversight over the Department of Human Services. Presley pointed out campaign contributions that Reeves received from key figures in the scandal and mentioned that the governor's brother had sent text messages to the state auditor requesting praise for Favre.
In response, Reeves' campaign spokesperson, Clifton Carroll, stated, "It's no surprise that some of the defendants who are being sued by the Reeves administration are unhappy because he is aggressively pursuing this case."