AG affirms authority to investigate Jeremy Durham

Attorney General Herbert Slatery has the authority to investigate Rep. Jeremy Durham because a special House committee gave him the ability to do so, an opinion released by Slatery's office on Tuesday found.

The statement came in response to a series of questions posed by Rep. Rick Womick, R-Rockvale, who recently called the Durham probe a “witch hunt” and part of a “hit list” by House Speaker Beth Harwell, R-Nashville.

Lawmaker: Durham investigation is a 'witch hunt' and part of Harwell 'hit list'

Among his questions to Slatery, Womick asked “what constitutional, statutory or other authority” exists to allow the attorney general to perform an investigation.

That authority was given to Slatery in February after a special committee approved a resolution that designated the attorney general to “conduct a full, fair and thorough investigation of the allegations of disorderly and inappropriate behavior and misconduct by Representative Durham.”

That point, along with several others, was affirmed by Slatery's opinion.

The committee’s formation came after House Speaker Beth Harwell ordered its creation after a Tennessean investigation, published in late January, found three women who said they received inappropriate text messages from Durham’s cellphone. Durham, R-Franklin, has told The Tennessean he can’t remember sending such messages and denies sexually harassing anyone.

After the story was initially published, Durham resigned as House majority whip and from the chamber’s Republican caucus. Party leaders, including Harwell, Gov. Bill Haslam and Republican Party Chairman Ryan Haynes, have called for him to resign from the legislature. Durham also took a two-week hiatus from the legislature.

In addition to the question about Slatery’s authority to investigate another lawmaker, Womick asked whether all members of the General Assembly have a right to obtain copies of any updates or reports about the probe.

Slatery simply suggested that issue was an “internal matter” that can be dealt with as part of the General Assembly’s rules.

In April Slatery's office provided the special House committee with a preliminary report that found Durham had engaged in inappropriate physical contact and potentially posed a “continuing risk to unsuspecting women.” That determination led Harwell to order Durham’s legislative office to be moved and his access to staff limited.

The final question Womick asked was who would investigate the attorney general in the event that it was determined that Slatery had engaged in unethical or inappropriate conduct.

“The committee has full discretion to revoke the authority vested in the office of the attorney general at any time. Thus, if it believed that the attorney general has acted outside the scope of that authority, the committee may revoke the authority,” Slatery said.

Womick and Sen. Mae Beavers, R-Mt. Juliet, have both expressed frustrations about the investigation, while even questioning whether it should have even been authorized.

Womick, who is not seeking re-election, said the Durham probe is part of a larger plan by Republican leaders, including Harwell, to target other Republican lawmakers. He accused Harwell of having a “hit list” of Republicans she doesn’t like.

A spokeswoman for Harwell said Womick’s comments were “patently false.”

Slatery's investigation into Durham remains ongoing. As of the preliminary findings released in April, the investigation featured conversations with 34 individuals.

In mid-April, Rep. Steve McDaniel, R-Parkers Crossroads, who serves as chairman of the special committee that gave Slatery the authority to investigate Durham, said he believed the investigation could be another "six to eight weeks."

On Tuesday McDaniel said he had not received any new information about the progress of the investigation.

Reach Joel Ebert at 615-772-1681 and on Twitter @joelebert29.