Journalist who broke Brett Favre welfare scam story faces jail in Mississippi

Anne Wolfe of Mississippi Today won a Pulitzer Prize for her investigative journalism that implicated former Mississippi governor Phil Bryant and quarterback Brett Favre (among others) in a welfare scandal that allegedly re-routed $77 million of state funds intended for the state’s poorest citizens, handing them to the state’s elite for pet projects and to line their pockets.

Now Wolfe and Mississippi Today are fighting in the state supreme court to ensure the journalist doesn’t go to jail.

Bryant filed a lawsuit shortly after the announcement was made that Wolfe was winning the Pulitzer, alleging that the story was defamation of character. It’s the discovery process for that case which is turning into a fight for freedom of the press in the state.

In what’s shaping up to be a groundbreaking case, a lower court judge demanded in July that Wolfe and the newspaper turn over all privileged documents related to their story, including sources and notes. Judge Brad Mills, who was appointed by Bryant’s successor Gov. Tate Reeves, informed the Defendants that he personally wanted access to the notes to verify whether or not they were pertinent to Bryant’s case.

Wolfe and her Mississippi Today editor Adam Ganucheau decided not to comply with the order. They believe that asking a reporter to turn over privileged information is unconstitutional, and fundamentally disrupts the freedom of the press. Ganucheau wrote in a New York Times op ed:

“Breaching the confidentiality of sources violates one of the most sacred trusts — and breaks one of the most vital tools — in investigative journalism. No serious news organization would agree to this demand.”

The state of Mississippi has one of the lowest ratings for protection of journalists in the nation. It serves as an example of how news organizations can be pressured in court in an existential way, long before there’s any example of wrongdoing. In order for Wolfe and Mississippi Today to be guilty of defamation there needs to be an example of “actual malice,” meaning the reporting directly sought to do harm to Phil Bryant. However, by demanding that the paper turn over all its reporting materials there is a fundamental threat to any future story which includes information from confidential sources or whistleblowers.

“How can I make promises to sources that I’m going to keep them confidential if this is possible?,” Wolfe told NBC News.

The fight now moves to the Mississippi Supreme Court, which will decide whether or not Wolfe and Ganucheau need to turn over their documents to Judge Mills, or if the freedom of the press will be upheld.

“We believe this court order is unconstitutional, so we have no choice but to appeal it to the Mississippi Supreme Court,” said Mississippi Today’s editor-in-chief Adam Ganucheau. “With our appeal, the stakes are incredibly high: The Supreme Court could guarantee these critical rights for the first time in our state’s history, or it could establish a dangerous precedent for Mississippi journalists and the public at large by tossing aside an essential First Amendment protection.”

As it stands Wolfe and Ganucheu have remained resolute that they will not turn over their privileged documents, even if that means being jailed for contempt of court. Wolfe pointed out that if she is jailed for not turning over he documents she will be the first person to be imprisoned as part of the Mississippi Welfare Scandal, even before those who allegedly perpetrated the crime.

The Mississippi Supreme Court is currently in its fifth sitting of the year, which is open until November 1st. At this time the Wolfe/Ganucheau case has not yet been put on the docket. This means it could be added and heard before the court closes, or it could be pushed into 2025 before there is an outcome.

Either way, the case represents the most fundamental protections for the press in the state, and rejecting a free press will have long-standing ramifications for journalists to ensure those in positions of power can be reported on.