The Bossier City political establishment’s worst nightmare is back and, even if tangentially and somewhat accidentally, is about to threaten another member’s political career.
Last month, in Merriott v. Bossier City, a three-judge panel of the Fifth Circuit Court of Appeals thoroughly embarrassed former city councilors Republicans Jeff Free and David Montgomery and no-party Jeff Darby, along with current City Attorney Charles Jacobs with a ruling handing an almost total victory to SOBO.live website operator Wes Merriott. He sued the city after what the panel described as a series of egregious abuses of power committed by the then-majority on the City Council, goaded by Jacobs, that violated Merriott’s free expression and due process constitutional rights.
Although a district court initially dismissed much of the case, the panel revived almost all of it with instructions that will make it all but impossible not to rule in his favor and potentially impose damages against the city (the individual defendants will escape penalties on the basis of a technicality). The city allowed its deadline to appeal to pass this week, so the case will resume in Judge Terry Doughty’s Western District Court at some point in the future.
This means Merriott can continue to gather evidence about what went on during and behind the scenes concerning remarks he made to the Council in 2023 meetings, including the taking of depositions. The most significant deposition will be that of Montgomery, who appears to have provided the motive force for and organized efforts to deprive Merriott of his rights. But as part of that, plans also call for deposing Republican City Marshal Jim Whitman, because part of the issue revolves around an alleged illegal meeting among Montgomery, Darby, Democrat former councilor Bubba Williams, and Republican current Councilor Vince Maggio to discuss how to thwart Merriott’s (and, as the Circuit panel noted, the entire public’s) rights.
That meeting came to light when the Bossier Watch political commentary team received a recording of it, reported on it, and then passed it along to other requesters. Because the marshal’s office provides Council security, the recording allegedly was made by a deputy marshal. Merriott may wish to gather evidence concerning an alleged hours-long interrogation Whitman conducted of a deputy he suspected of making the recording.
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Evidence so gathered could open Whitman up to a charge of violating whistleblower statutes. It also likely would confirm that the meeting (because a quorum’s worth of councilors were there) was illegal and that this would have been known to Whitman. The recording itself would possibly be legal if, at some point, the recorder joined the conversation for whatever reason.
Whitman potentially flubbing his job, if that becomes known in the near future, would prove highly inconvenient for his political aspirations, as he is running for reelection this fall. Politically connected to Montgomery, Darby, Free, Williams, and Maggio – all but Maggio lost their jobs in part because of this incident, with Montgomery, Free, and Williams forced into retirement and Darby losing reelection (with Maggio barely surviving) – and with his wife having been a member of the latest Charter Review Commission that, with those councilors’ blessing, served with those councilors’ blessing as nothing more than a cudgel to prevent voters from imposing strict term limits on the Charter (which was the subject of Merriott’s remarks that the Council attempted to censor), Whitman has drawn opposition from Republican Councilor Brian Hammons, who was one of two councilors who resisted the reckless, abusive path that the then-Council majority insisted on following against Merriott.
Depositions become part of the public record at a trial, and it’s anybody’s guess what could show up in them. But if they do become public prior to the Nov. 3 election, chances are that their contents will be more unflattering than flattering to Whitman, which will not help his chances for reelection. Merriott’s persistence contributed to ending the political careers of four councilors; another such assist may be forthcoming.
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