Image Credit: capitol.tn.gov
The Tennessee Conservative [By Paula Gomes] –
Former state lawmaker Robin Smith is seeking resentencing in light of what she perceives to be “manifest injustice” after her two co-defendants were granted presidential pardons.
Smith, who appealed to President Trump herself in an attempt to avoid her eight-month prison sentence that she received at the end of October says she was unfairly targeted for prosecution due to decades of political grassroots efforts in the conservative sphere.
Smith has been ordered to report to prison on January 5th for her part in a kickback scheme to defraud the state through taxpayer funded mailers. Following incarceration, Smith will have supervised release for one year. She has also been fined $7,500.
Now that the president has pardoned former state Speaker of the House Glen Casada and his former top aide Cade Cothren, Smith is asking that a Nashville federal judge grant her a lesser sentence of probation reduce her fine to zero.
In a motion to Judge Eli Richardson, Smith’s attorney said that the lesser sentence would “mitigate the manifest injustice that will result from Ms. Smith being the only one of the three conspirators to face consequences for their criminal activity.”
Smith has already paid off a $28,263.26 judgment against her in connection with the case.
The judgement – considered to be equal to the proceeds she received from the scheme – was paid in full via a cashier’s check. In all, Smith and her partners in crime raked in approximately $52,000 in taxpayer funds.
In pleading her case to the court, Smith’s attorney pointed out that Smith initially received a lighter sentence than either Casada or Cothren as a result of her cooperation with federal investigators but with both men having received full and unconditional pardons, the “careful calibration of the sentences” by the court has now been destroyed.
In late September, Casada was sentenced to 36 months in prison after a jury convicted him on multiple counts of bribery, conspiracy, fraud, money laundering, and theft in connection with a shell company called Phoenix Solutions run by Cothren. Cothren was sentenced to 30 months.
The secret company tapped into the state’s postage and printing program that provides House members with $3,000 a year for mailers sent to their constituents. Smith and Casada persuaded lawmakers to use Phoenix Solutions which was being run by Cothren under an alias.
Smith, once chair of the Tennessee Republican Party, pleaded guilty in March 2022 to one count of honest services wire fraud in relation to the alleged scheme involving bribery and kickbacks. The charge, regularly used in corruption prosecutions, was accompanied by Smith’s agreement to fully and truthfully cooperate with the federal government.
Smith has said that if she ends up having to serve her sentence that people caught up in political conspiracies in the future will be less likely to help the federal government with prosecutions. Without her cooperation and trial testimony, Smith believes that the convictions of Casada and Cothren would not have been realized.
Several Tennesseans have been pardoned by Trump during his second term in office as President. They include two men who were at the Capitol on January 6th, 2021, and others who were allegedly blocking access to abortion clinics.
Of note, Trump recently pardoned another former state lawmaker, Senator Brian Kelsey who pleaded guilty to two counts of campaign violations.
Kelsey was sentenced to 21 months in jail in 2022 for conspiracy to defraud the United States and for aiding and abetting the acceptance of funds in excess of federal limitations.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
