Tennessee Comptroller Report Proves Secret Audio Recordings In Nashville DA’s Office

Image Credit: Glenn Funk For District Attorney of Nashville / Facebook & Office of the TN Comptroller

The Tennessee Conservative Staff –

A new report released by the Tennessee Comptroller on Wednesday states that the office of Davidson County District Attorney Glenn Funk has been secretly recording visitors to the building for years. 

According to the report, surveillance equipment was used “to audio and video record conversations of criminal defense attorneys, office employees, other tenants, and visitors without their knowledge or consent.”

Former employees stated that it was “common practice” to record audio and video of defense attorneys as they examined evidence for upcoming criminal cases. Those recordings were then given to office staff and prosecutors who were working that case.

It also alleges that they failed to give “clear warning or adequate disclosure of such practice.” While the office does have “numerous” signs that notify visitors of recordings, there is only a small, 3-inch sticker near the bottom of a door that states there may potentially be audio recordings. The report notes the “obscure placement” of that sticker.

Many of the criminal defense attorneys who were questioned by investigators said they had never been made aware of any audio recordings and that “they would not have stayed in the viewing room had they known that the room was equipped with a microphone” because many of the conversations would have included confidential information.

NewsChannel5 first raised questions regarding allegations of secret recordings in early 2023. Attorney General Johnathan Skrmetti notified Funk that an investigation would be done, at which time Funk stated that his office “never conducted any unauthorized audio or video recording of any area where a person has a legitimate expectation of privacy.”

Investigators initially looked at recordings from between 2020 and 2023, but later decided to go back even further.

 Skrmetti says that he does not have plans to file any criminal charges against Funk because there is not enough evidence to give “sufficient basis for a successful criminal prosecution.” However, he noted that he is “particularly troubled” by those recordings in areas where attorneys meet with clients.

“While we have no evidence that these recordings were reviewed or used for any improper purpose, you should consider whether you or your subordinates have any duty to report or disclose past conduct,” Skrmetti wrote.

Funk’s office considers the matter “at an end” and continues to claim that there was no wrongdoing. He argues that no one should expect privacy in any area of the DA’s offices.

The report also provides details alleging that Funk also pressured a former assistant district attorney after learning that the ADA’s family member had been public in support of Funk’s opponent in the 2022 election. 

According to investigators, Funk “directed office personnel to conduct office surveillance of the former ADA” and also reassigned the ADA. The former employee also allegedly donated $500 to Funk’s campaign after he told stated, “The only way you could make this any better is if you donated a significant amount of time or money.”

Funk claims he never cashed the check and that surveillance was done “because of an alleged mismanagement of the former ADA’s working hours.” The report states that the surveillance included down-to-the-second logs of the ADA’s activities and also included detailed descriptions of the clothing the ADA was wearing as well as any items being carried by the employee.

Comptroller Jason Mumpower released a statement saying, “Elected district attorneys must act with high integrity and ethical standards when managing day-to-day business and office affairs. The actions noted by our investigators bring into question the DAG’s integrity and the public’s confidence in his ability to fulfill his responsibilities.”