In another sign of a deepening rift within Mississippi’s Republican leadership, the state’s Attorney General Lynn Fitch has initiated a lawsuit against State Auditor Shad White, stemming from a contentious dispute over the recovery of welfare funds allegedly improperly allocated to retired NFL quarterback Brett Favre.
The lawsuit filed by Ms. Fitch challenges Mr. White’s counterclaim in a defamation lawsuit initiated by Mr. Favre against the auditor.
Mr. White’s counterclaim seeks the repayment of nearly $730,000 from Mr. Favre, which is part of a broader investigation into the mismanagement of welfare funds designated to assist some of Mississippi’s most impoverished residents.
These funds were reportedly diverted toward projects with connections to Mr. Favre, including a volleyball arena at the University of Southern Mississippi, where Mr. Favre’s daughter played volleyball.
Mr. White responded on X, noting that the AG recused herself from representing him in Mr. Favre’s defamation case, forcing him to counter-sue Mr. Favre to get the money back.
Fitch’s Reasoning
In early February, Ms. Fitch’s office said it would no longer represent Mr. White in a defamation lawsuit that Mr. Favre filed last year against the auditor.
That change in representation came after an announcement that Mr. White is writing a book, to be published later this year, about his investigation into improper spending of welfare funds, the outlet reported.
Mr. White argues because Ms. Fitch will no longer represent him, he has the authority to use his own office and legal counsel to sue Mr. Favre.
This delineation of duties has become a point of contention, with Ms. Fitch arguing that Mr. White’s actions encroach upon her statutory authority. The lawsuit seeks to dismiss Mr. White’s counterclaim, labeling it as frivolous and unauthorized.
“It is again with deep regret that I must issue this statement,” she began. “On February 5, 2024, Auditor Shad White filed an 86-page answer and counterclaim in the defamation suit filed against him by Brett Favre, replete with block quotes by Joseph Pulitzer, claims of defense related to loss of enjoyment of life, and footnoted admissions of errors in its own demand letters to Mr. Favre. As Chief Legal Officer for the State, I was forced to respond and take the extraordinary action of seeking judicial intervention to protect the laws of this State.”
Mr. White has vehemently defended his actions, criticizing Ms. Fitch for not suing Mr. Favre for the full amount owed and for attempting to obstruct his efforts to recover the funds.
The misuse of welfare funds in Mississippi has drawn widespread scrutiny, with millions of dollars intended for needy families reportedly squandered on projects favored by the affluent and well-connected, including Mr. Favre.
While Mr. Favre has repaid a portion of the funds, the question of interest and the full restitution of the misused money remains unresolved. Ms. Fitch’s lawsuit asserts that her office has not shied away from pursuing additional litigation to recover the owed interest from Mr. Favre.
“Over the past four years, attorneys in this office have quietly sought to work through demands referred by the Auditor for civil prosecution,” Ms. Fitch said in her statement. “As the Auditor has acknowledged in prior court filings, this office has an independent legal and ethical duty to review the investigatory files transmitted by the Auditor to substantiate the legal basis for filing a civil suit in a court of law. While the law gives prosecution and management of these cases solely to the Attorney General, our attorneys have nonetheless endeavored to work with the Auditor’s staff in the best interest of the State. Unfortunately, we have encountered ongoing interference as to the manner in which these cases should be prosecuted, hampering progress towards recovery in civil cases, as well as potential criminal prosecution.”
No criminal charges have been brought against Mr. Favre, who has said he has been “unjustly smeared” in media coverage. A former director of the state Department of Human Services and other people have pleaded guilty to their part in Mississippi’s largest public corruption case in decades.
