Speaker 1: And we are back with another edition of the Federalist
Radio Hour. I'm Matt Kittle, Senior Elections correspondent at The Federalist,
and your experienced Shirpa on today's quest for Knowledge. As always,
you can email the show at radio at the Federalist
dot com, follow us on x at FDR LST, make
sure to subscribe wherever you download your podcast, and of
course to the premium version of our website as well.
Our guest today is Michael Patrick Lahey, CEO and editor
in chief of the Star News Network, a chain of
conservative news outlets across the country. The network's anchor publication,
Tennessee Star, has released the manifesto Audrey Elizabeth Hale, the
twenty seven year old woman identifying as a trans man
who in March twenty twenty three, murdered six people, including
three nine year olds, at the Covenant School in Nashville.
She was fatally shot by responding police officers. Michael returns
to us after releasing a part of the information earlier
this summer. Michael, thanks so much for being with us
on this edition of the Federalist Radio Hour.
Speaker 2: Matt is always great to be with you, and of
course you and I have worked together in the past. Yes,
just before you joined the Federalists, you were with us
at the STARNWS network, our lead political reporter. Did a
great job, and you have very very personal information about
this because you were the lead reporter with us at
the Tennessee Star when we began reporting on the March
twenty seventh, twenty twenty three murder murder murders of three
innocent nine year old students and three staffers at Covenant School,
and of course the saga began there and seeking the
information about the killer, twenty eight year old Audrey Elizabeth Hale,
biological female who self identified as a transgender male.
Speaker 1: Yeah, and for full disclosure, I said this in our
last conversation. I am a plaintiff in a lawsuit filed
by the Star News Network Michael Patrick. Lahy of course
is a plaintiff as well in that against the FBI,
which also has been holding on to this information, and
of course the Metro Nashville Police Department.
Speaker 2: That's the lawsuit that.
Speaker 1: You filed and are fighting in Tennessee court right now.
Speaker 2: The battle has also.
Speaker 1: Included and we're going to get into the details of
the manifesto coming up. But you have had your you
have had some experienceiences dealing with a judge in a
court that has threatened to put you in prison simply
because you were doing your job as a journalist.
Speaker 2: Right in the I think last time I was on
we just had the show cause hearing in that particular case.
I was back in June of this year. And you know,
we filed two lawsuits. You're part of one of them
as a plaintiff. Met in May of twenty twenty three,
after we had attempted to ask very politely of the
Metro Nashville government Metro National Police Department to release these documents,
and we want just the writings of the killer, Audriylasworth Hale,
which include the ninety page diary or journal that we
released earlier this week. That was ninety pages she wrote
from January one of twenty twenty three to March twenty
seventh of twenty twenty three and left that journal in
her vehicle on the day of the murders, a spiral
notebook which she also left in her vehicle on the
day of the murders, which was basically an operational plan
of attack, and then on the afternoon of the murders.
After she was killed and mister National Police Department, along
with the FBI and agents of the ATF went into
her house legal search warrant and seized a number of items,
including twenty journals that she had written between twenty and
seven and twenty twenty two. These were basically her writings.
Were the twenty journals found in her house, the spiral
notebook found in her car, and then the journal for
the last three of her three months of her life
found in her car. On March twenty seventh, we asked
politely if we could get all those writings. International Police
Department said no, and in a compliance with the Tennessee
Public Records Act, we sued them and that that lawsuit
has been going on for some time at the same
time when these things happened. That as you know, when
there's a mass murder at a school, a school shooting,
the local police and the FBI begin the investigations jointly,
and so all of the documents we saw are also
in the possession of the FBI. So we filed the
Freedom of Inframation Act request you did, actually and I
signed it. We both signed it. Of the FBI, they
declined that and so we sued them in federal court.
That case is still in federal court. A federal district
judge here in Middle Tennessee, since well, since when was this,
since since May this has been reviewing all these documents
and is deciding whether they're releasing that's a federal case,
now the state case you're referencing. The judge took over
a year to review these documents, and in June of
this year had still not decided what she was going
to do. We legally obtained the ninety page journal of
the writings from January of twenty twenty three to March
twenty seventh of twenty twenty three of the killer Audie
Elizabeth Hale. Now, along with about two hundred investigative documents
from Metronational Police Department's investigation and hundreds of crime scene photos.
We obtained those legally from a source familiar with the
investigation in early June, and we began writing stories based
on the journals and some of those documents. We never
published any of the of the pages of the journal
or the images the pictures of those They just the
judge said, oh, you know, after being alerted to this
by a local television reporter for Great Television on WSMV.
Oh yeah, well, he's writing stories about these at the
Tennessee Star. She hauled me into court and said, well,
you got to show cause why I shouldn't hit you
with contempt of court charges and put you in jail.
And we said, well, what the court order you're talking
about here? There's no court order to that effect, and
she said, oh, yeah, never mind. Anyways. A month later,
a month later she issued her ruling. She cited the
Tennessee Public Records Act, which has an exception if there's
no ongoing investigation, you can't release these documents. And then
but then she also made up this copyright infringe, the
copyright claim that the very complicated the owners that the
parents of the killer claimed that the killer died and tested,
there's a dispute about that. And then they quote transferred
the ownership to this group called the Covenant Pearance Trust.
They claim ownership, they claim copyright rights right, and because
of that, the judge wrongly and incorrectly decided not to
release anything. We are appealing that, of course, and will
win in the end. But it took us from the
time we got these documents in June of twenty twenty five.
With all these legalur twists and turns, we had to
make sure before we released them earlier this week that
we had representation. In case the judge, the Tennessee Court
Judge one to resurrect the phony contempt of court charges,
I got to have an attorney to represent me on that.
And then in case the Covenant Parents Trust wants to
go into federal court and assert copyright infringement, which again bogus,
but they could, they could do it, we had to
have an attorney represent us there, and Harmy Dillon, the
Great Harmy Dillon's Law firm as agreed to represent us
in any copyright infringement lawsuits if they were to come.
So that's how that's the genesis of this. Matt Well, I.
Speaker 1: Would say that you have expert, expert legal advice going
into this, and you know, let's face it, these were
some pretty concerning times to be a journalist. First and foremost,
I don't understand how they can continue to make the
argument that this is an ongoing investigation. The killer is
dead they have said, and law enforcement officials have said,
and nobody else was acting along with Audrey, Elizabeth Hale
and so you have that. Are you concerned that you
may face another threat on your liberty in this case
moving forward?
Speaker 2: I think it's it's a possibility. But when the judge
all mean to court on June seventeenth, twenty twenty four,
to respond to her show coust hearing order to explain
why she shouldn't put me in jail for contempt of court,
she based that right all on the claim that made
by this other reporter. It's different the WSMV here that
somehow we violated a quote order. There's no such court order.
She never produced that Coote order. She has a court order,
but it just simply says how documents are submitted to
the court. That's all it has to do with. She
would not allow when we got in for that court
show cause hearing, she changed the hill topic to a
landscape review of the case. In other words, did she
still have to rule in the case. Well, of course
she did, because we only had had in our possession
ninety pages of the thousand pages to kill her gridden,
which is what we'd wanted. An hour and five minutes
of that hearing was to ask every other attorney in
the room, you know, three representing other plaintiffs, three representing
intervener groups. She'd allowed in one representing the respondent if
A there was something to decide, and they said, yeah,
your honor, hurry up and decide. And then b if
they thought I ad violated a court order, and they
all said no. But she left sort of the sort
of damocles hanging over that. She said, well, yeah, I'll
make the underlying case decision, and then I'll think about
whether or not I'll point a special prosecutor to go
after Layy on these trumped up charges. She didn't say
trumped up of contempt of cord, but she'd made no
ruling on that effect. Our appeal went Our notice of
appeal went out a month ago, and we released the
ninety page Journal of the Killer on Tuesday. So here
as we record this, it's a Friday afternoon. We've not
received any notice from the judge in the underlying case yet,
and you know that would indicate maybe she's not going
to do it, because didn't go well for her last
time in the court of public opinion when she tried to.
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Speaker 1: No, it did not at all. You had constitutional law
first Amendment law experts all on your side in this.
Speaker 2: They should be.
Speaker 1: As you note in your piece this week at the
Tennessee Star, approximately twenty additional journals written by Hale over
an estimated fifteen years from two thousand and seven to
twenty twenty two, which are said to contain about one
thousand pages. She was prolific, That's for sure, continue to
remain under wraps by the Metro National Police Department more
than a year after the shooting took place. Other documents
related to the case, including Hale's full twenty two year
long medical log while being treated at Vanderbilt University Medical Center,
which was first reported by the Star, also remains under wraps,
as MmpD cites an ongoing investigation once again for the
refusal to make such documents public. What do these ninety
pages show that you have published, and what have you
learned about her treatment as a very confused individual, to
say the least, someone who then ultimately became extremely violent,
as someone who claimed to be a transgender individual, a
woman who claimed to be a man. What have you
learned about all of that from your reporting?
Speaker 2: Well, it's stunning if you actually look at her handwriting
in these ninety pages. This is a very, very mentally
ill person who's crying out for help. Literally on every page,
she talks about how much she hates herself, how much
she hates her female body, how much she regrets. She wonders,
why does my brain not work? She has this unrequited
love for some basketball teammates that she had from middle
school fifteen years earlier, sixteen years earlier. Both of them
were African American, and she never apparently had much of
a relationship with them, but she sought that relationship. She
talked about her imaginary penis, She called herself this boy
in the world. She said she wanted to kill her father.
I mean just ninety pages of deep, dark, disturbed, disturbed
thoughts of this very unhappy twenty eight year old woman
who described herself as aiden, wanted to be a male,
says she needed a transgender doctor. So all very disturbing,
very sad, And that's the I mean, I think the
takeaway on all this is there's been such a misdirection
about what this particular school shooting was about. This was
a massive failure of the mental health system books she
had been and we've discovered, as you know, Matt, when
we obtained legally obtained not just the journal from twenty
twenty three, but the investigative documents. A Metro National Police
department in June of twenty twenty three secured a subpoena
a warrant to get the medical records of Audrey Elizabeth
Hale as she'd been treated at Vannerbilt University, and in
that we also got the notes of the lead investigative reporter,
and he reported in his notes that she told Vannerbilt
University Medical Center professionals she wanted to kill her father
and she fantasized about the conducting a mass shooting at
a school. Now that's very troubling. There is a law
in the state of Tennessee called the duty to war
and that requires anyone a mental health professional, medical professional,
and medical institution they have a patient who is threatening
the life of someone else, they have a duty to warn.
That duty, actually, in the laws that existed at that time,
was just to warn the individual who was threatened. They
didn't do that, didn't tell the father, didn't tell any
school that she was threatening to kill multiple people there
and so law there's no criminal penalty for the failure
in their duty to warn, but there is a civil liability.
Nobody knew about that, Matt until we published the stories
based upon the investigative articles of the investigative documents in
June of twenty twenty four.
Speaker 1: Have you heard from Vanderbilt. I would suspect that we
could see some litigation out of this. We could definitely
see some lawsuits. Is Vanderbilt sweating over all of this?
Speaker 2: We've asked now, just one thing to be clear, Vanderbilt
University and Vanderbilt University Medical Center became two legally separate
entities in about twenty sixteen. Okay, so the medical institution,
Vanderbilt University Medical Center has within it a Vanderbilt University
Psychiatric Hospital. And we have sent them requests for comments
multiple times to confirm or deny. And I know you'll
be shocked by this, but they haven't really confirmed to deny.
I will tell the person who ran Vanderbilt University Psychiatric
Hospital suddenly resigned like about a week after we broke
the story. So I think that interesting. So I think
right now now you might think, well, back to the
interests of the parents. You know that they are the
group that calls itself the Covenant School Parents Trust, the
Covenant Parents Trust. That's a group of parents of kids
at Covenant School. The thing is like, it's a K
through six school and there's maybe four hundred kids there.
That Covenant Parents Trust includes parents of kids who were
there that day. I think it may include one or two,
may include parents of the of the kids who were
killed that day, but not I don't think all of them.
But they, you know, they want to bury this the
writings of Elizabeth and it makes no sense. They're claiming
their argument, they're claiming that it would, you know, be
hurtful to the kids. Again, well, the kids are probably
not going to read this stuff. But even if they did,
what we revealed shows just the depths of the mental
health problem that Audrey Elizabeth Hanil has. And you would
think that the parents would want to know, you know,
what caused this. We do have a reason to believe
that the Vanderberg University Medical Center has an interest in
not having this released, of these articles released, or anything released,
because of the potential exposure to civiliability. Right. And we think,
although we're not sure that one or two parents of
the kids that are deceased, they're just trying to make
it through the day, even a year, and us later
think of that, think Matt, think, I think of any
parent a ten year old You've got your entire future
with this nine year old, sweet nine year old child,
go to school one day and they're dead. Sorry to
break it is stating. And so those parents, I think,
I've never talked to any of them, but sources that
do talk to them, they're just trying to make it
from day to day. I do think that some of
those parents may now be thinking, well, my goodness, what
would have happened if the Vanderbilt University Medical Center professionals
had not failed in their duty to warn?
Speaker 1: I would as a parent, I would I would imagine
most parents would feel that way. Our guest today is
Michael Patrick Leahy, CEO and editor in chief of the
Star News Network, chain of conservative news outlets across the country.
As you may know, the network's anchor publication, the Tennessee Star,
has released the manifesto. The full ninety pages of the manifesto,
published it at the Star News Network. That's the manifesto
of Audrey Elizabeth Hale, the twenty eight year old woman
identifying as a trans man, who murdered six people, including
three young children, in March of twenty twenty three, at
the Covenant Presbyterian School in Nashville. That's the fine line here.
And I know there's a piece recently that includes comment
from a mutual friend of ours in Tennessee, a great
lady who has been at the forefront for a long
time of First Amendment and particularly journalist rights and the
public's right to know. And that is the balancing act
that's gone on here. As you mentioned, you know, as
I was reporting on these stories with the Star News Network,
I always felt that tug that poll, thinking about the
parents of these three beautiful young children who will never
return to them. And as you said, every day just
trying to get through the day knowing that their dear
child was murdered in school. And I can understand why
you wouldn't want to revisit that, But I also, as
a journalist and as a citizen, understand the public's right
to know, if anything else, to prevent something like this,
or at least to give the information that's so critical
to prevent something like this from happening. Ever, again, I
know that that is the tight rope that you at
The Star and others have faced in reporting on this story.
Speaker 2: You're exactly right, you know. Here's the thing. As a journalist,
what you want is you want to obtain documents that
you should legally have from public entities. We should have these,
We should have all of these documents under the Tennessee
Public Records Act. The exclusion and you talked about this earlier.
There is an exclusion under the Tennessee Public Records Act
for the release of documents such as this from public
institutions because when there's an ongoing investigation, Matt, there is
no ongoing investigation. It is a stalling tactic and they
continue to stall. Look in March, a lieutenant from Metro
Nashville Police Department went into courting and gave a document
and said, yeah, we think we'll wrap this up in July. Well,
here we are early September. We asked them at the
at the end of August, hey, when you're gonna wrap
it up. We're still working on it. It's not true.
It's not true at all. What they're doing is they're stalling.
They don't want this information out. They don't want to
embarrass certain people, some powerful people. They probably don't want
to embarrass University Medical Center. And ideologically, and this is
more probably where more of the FBI comes in, they
don't want to expose the psychological difficulties that in psychiatric
difficulties at this young woman who aspired to who self
identified as a transgender had That's the bottom line here
on this manut.
Speaker 1: That is a very critical point. That's what I wanted
to ask you, because you know, as you mentioned the
local police department, an official there said, well, we should
be wrapped up in July. You know, we are now
well into September and still no wrap up of the investigation.
But they also told the Star News Network and others
in a letter a deposition actually in the case that
it would take about a year to finish up that case.
This case should have been wrapped up in March of
this year, and obviously we're still here. How much pressure
do you think that the Biden Department of Justice, which
runs the FBI is putting on the local police department
Nashville Metro in general to keep this information out of
the public eye because of exactly what you said, because
of identity politics.
Speaker 2: Our huge amount of pressure and we have evidence to
support that, as you know, Matt, Among the documents we
legally obtained were investigative documents from a source familiar with
the investigation. And it is a memo, a three page
memo sent from the Behavioral Assessment Unit of the FBI
located in Quantico, Virginia, dated I think May eleventh, twenty
twenty three, from two Metro Nashville Police Chief John Drake,
and the subject line is protection of legacy tokens. And
you know when we saw that, Matt, I looked at
it and I said, what on earth is a legacy token? Yeah? Right,
I mean, you do a search for legacy token in
any of the search engine, it's hard to find something, well,
except for our article in it now, right, A legacy
token is a term the FBI invented maybe twenty fifteen,
twenty sixteen, and they use it internally. It means any
writings or social media postings or drawings or other information
left behind by a mass murderer to explain their motivation. Okay, Now,
in this memo, the FBI, oh bitter National Police Department
never ever ever released any of these legacy tokens. Why, well,
there might be copycats and it might cause undue harm
to certain vulnerable groups. Well, vulnerable group were talking about here,
Matt Well, obviously in this instance a trans gender killer,
right right, that's the political motivation on it. Oh but wait,
there was more in that memo. They also said, oh,
just as a reminder, Chief Drake, there is precedent for
the destruction of legacy tokens. And they went back and
cited to nineteen ninety nine Columbine killings, where there apparently
were some very disturbing videotapes left behind and apparently some
of them were destroyed. Now, they didn't say, hey, if
you want to destroy some of these documents, go ahead,
but they made it clear if you choose to destroy them,
we won't complain.
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Speaker 1: Wow, this is it's scary stuff thinking about what all
goes into this and for what reason? Really just pure
identity politics, you know, the agenda of the left wing
in this country, which of course is represented by the
Biden Harris administration. And I think this has significant And
I'll ask you, do you believe this has significant implications
on where we go from here in terms of journalism,
in terms of reporting, in terms of the public's right
to know.
Speaker 2: Yeah, it really does. And that's why you know, we
have been so doggedly pursuing is Matt. I mean, it's
just obvious that this is important information that is in
the public interest to release. And here in Tennessee, I
think it would be very clear that Metro Nashville Police
Department is, let's use this term evading the law, right,
they're evading the law by making up this claim that
there's an ongoing investigation. Now, there is a statutory exception
to releasing documents like this where there is an ongoing investigation,
but there really isn't one, and they're pretending there is. Now,
the judge in this case, Aisha Miles, I would say,
is subverting the law, and her decision to cite this
purported copyright claim of the Covenan Appearance Trust is an
utter subversion of the law because that is copyright law,
and copyright claims are a federal issue, right state issue.
A state judge has nothing to do with it at all,
And so she just invented that idea or accepted the
intervening group's idea of that in order to prevent the
public from knowing what it should know and has the
legal right to know.
Speaker 1: So then the final question, what's next in terms of
the timelines in terms of the court proceedings. Obviously, you
and I as let's just say, we're a little long
in the tooth in the recording world. We've been around
the block a few times. We know that the wheels
of justice turn extremely slowly. They have done as much
in this case. What's next in this nationally watched case,
in this.
Speaker 2: Particular case, I think think the judge, the federal judge,
Alita Troger, who's been reviewing all of these documents that
we're requesting, you know, the one thousand pages of her writings,
of which we have obtained legally only ninety pages independent
from the litigation, and we've released all those ninety pages.
You know, she is a very thorough judge. We're September now.
I think she'll make a ruling sometime before the end
of the year. I don't know what it will be.
That's the federal case. In the state case, the appeals
court will take up the argument and they'll make a ruling,
probably in early twenty twenty five. If they rule against us,
which I don't think they will, but if they do, well,
will appeal to the Tennessee Supreme Court. They would take
it up maybe in the summer of next year. They
would rule before the end of next year. I will
ultimately win it because there is no the lower court.
The trial court judge made up an exception to the statute,
and she doesn't have the right to do that. The
Tennessee General semi does. I think you'll see in this
session of the Tennessee General Assembly you may see a
rejection of copyright claims specifically within state statute come out,
and I think the governor would sign that as well.
So that's what I think the future of this case
looks like. Will the Covenant Parents trust sue US for
copyright infringement in federal court? I think the jury is
very much out on that, if you'll excuse a pun.
The first thing they have to do in order to
be able to sue you for copyright infringement in federal court,
they have to submit the writings to get to register
it with the US Copyright Office. I think. I don't
think they have any of the thousand pages currently on
a review by the federal judge, or the pages that
were review of the writings that under review by the
state judge. I don't think they have any of those
in their possession. If they do have something in their possession,
it's the ninety pages that we downloaded that has the
Tendency Star watermark on from the writings in twenty twenty three.
So I don't know how they register it, but you know,
they've they've been represented by very clever and capable attorneys.
And then so it's possible that sometime before the end
of the year, the Covenant Parents Trust could file a
copyright infringement lawsuit against US in federal court. Gonna costs
a lot of money for them to do that, and
it's a frivolous case. They're going to lose it, but
they might. They might do it just you know, to
try to chill our First Amendment rights. Well it's not working.
Speaker 1: It is interesting to me that if they indeed go
through the pre US as a filing for copyright putting
all of those documents in, do those documents then become
a matter of public record under federal Freedom of Information
Act laws?
Speaker 2: I think they do also, And again we've got a
terrific copyright attorneys in the deal in Armony Dillon's Law
from the Dylan group, Ron Coleman. It's going to be
the lead copyright attorney on this, and we've heard not
from him, but from other sources that actually there is
a court precedent. And I haven't confirmed this yet, but
I've heard there's a court president that any documents or
writings obtained by the FBI immediately lose any copyright claim.
So I haven't confirmed that. You know, the way these
things are matters, you know, when you get involved in it,
there's so many precedents and twists and turns and statutes
and anticipate that you know, you deal with in in
a trial court. I think right now there's a there's
a possibility that that the Covenant Pearance Trust could sue
us in better court for copyright infringement. I think the
claim is so frivolous that that they will lose in
federal in the district court. If they appeal it, they'll
lose on appeal. So there you go.
Speaker 1: Well, it is an extremely important case. It is the
cross section of the First Amendment really and identity politics
in America unfortunately at this point in our history. And
I appreciate you and the Star News Network fighting a
good fight for anybody who espouses to love the First Amendment.
This is core to exactly what we're talking about in
that amendment.
Speaker 2: Well, Matt, thank you so much for giving me this
opportunity to talk to everybody that listens to the Federals
Radio Hour. It is important, and I suspect this may
not be the last.
Speaker 1: Time you and I talk about this. No, not in
the least. In fact, I wanted to have you on.
We had you on earlier in the summer as a
status report and where this case was. I had intended
to have you back on soon. Events, of course, dictate
schedules and the release of those ninety pages now fully
publicly kind of set the invitation back, set it up
a step. So I appreciate the generosity of your time.
Thanks to my guest today, Michael Patrick Leahy CEO and
editor in chief of the Star News Network. You've been
listening to another edition of The Federalist Radio Hour. I'm
Matt Kittle, senior correspondent at The Federalist. We'll be back
soon with more. Until then, stay lovers of freedom and
anxious for the Fray.
Speaker 2: Botan