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For Jackson’s Lumumba, running...

For Jackson’s Lumumba, running for mayor could worsen legal headache

By: Russ Latino - January 27, 2025

FILE - Jackson Mayor Chokwe Antar Lumumba watches a debate at the Mississippi Capitol on Feb. 7, 2023, in Jackson, Miss. (AP Photo/Rogelio V. Solis, File)

  • Jackson Mayor Chokwe Antar Lumumba says he will seek re-election, but filing required campaign finance reports could worsen his legal predicament with a federal bribery trial on the horizon.

Jackson Mayor Chokwe Lumumba says he will seek re-election this year. He has until Friday at 5 p.m. to file the paperwork. That paperwork, though, could create additional evidence for the U.S. Attorney’s Office in its pending case against the embattled mayor. Lumumba could also find himself in hot water with state prosecutors and regulators.

Last November, Lumumba was indicted by the Biden Department of Justice on five federal counts related to an alleged bribery scheme. Prosecutors say the Jackson Mayor took $50,000 in checks in exchange for moving the deadline for a proposal to build a hotel near the Jackson Convention Center. The indictment alleges Lumumba deposited those checks in a bank account designated for his campaign and then wrote checks to himself out of the account.

If convicted, Lumumba faces up to 70 years in prison and up to $1.5 million in fines.

That same campaign bank account will be under a magnifying glass should Lumumba pull the trigger for re-election. Here’s why.

Mississippi law requires a candidate or officeholder to file annual campaign finance reports. Mayor Lumumba admits he last filed a report in 2021, meaning he is likely in current violation of the law.

In 2023, the Legislature amended campaign finance law to provide new, stronger penalties for non-compliance. Under Miss. Code Ann. 23-15-811, a candidate who willfully violates the reporting requirement is guilty of a misdemeanor and can face up to six months in jail and a $3,000 fine.

The Mississippi Ethics Commission may also file what is called a “mandamus” to force the candidate to file the report. Presumably, the Ethics Commission is aware of this power.

Additionally, the law prevents a candidate from being certified for election “until he or she files all reports required by this article.” It also prevents an officeholder who fails to comply with the reporting requirement from being paid.

Under the plain language of the law, there is a strong argument that the City of Jackson should not be paying Lumumba a salary, that he is already subject to criminal prosecution by either the Hinds County District Attorney or the Attorney General, and that unless he files the campaign finance reports for 2022-2024 by the qualifying deadline, he cannot be placed on the ballot for re-election.

Of course, it is unlikely that Lumumba’s alleged co-conspirator in the Jackson bribery scandal, Hinds County District Attorney Jody Owens, will indict Lumumba for a campaign finance violation. Attorney General Lynn Fitch could.

But the more likely scenario is that if Lumumba files for re-election, but fails to file the owed campaign finance reports, one of his opponents could seek to have him barred from the ballot. This is a suit that would likely end up before a special master appointed by the Mississippi Supreme Court.

So he just files the back campaign finance reports and moves forward, right? Herein lies the dilemma for Lumumba. Because those reports would almost certainly become evidence in the bribery case against him.

Will the 2024 report show the $50,000 in checks the FBI says it gave to Lumumba and will it show the disbursements in personal checks the FBI says Lumumba wrote out of the campaign account?

Still images captured from video taken by the FBI aboard a yacht off the coast of Miami. Prosecutors allege it shows Lumumba folding an envelope containing $50,000 in checks written to the Mayor’s campaign in exchange for moving a RFQ deadline for a hotel project. Hinds County District Attorney Jody Owens is seated to Lumumba’s right.

If reported, it could be treated as an admission of key facts in the case against Lumumba. If not reported, it could be used as character evidence at trial, or worse for the Mayor, potentially lead to new conspiracy charges.

The potential exposure could go beyond the alleged $50,000 in bribery payments, as well. The FBI almost assuredly has detailed forensic accounting of Lumumba’s personal accounts, as well as any campaign account. Other discrepancies in campaign finance reports could invite additional investigation.

The one plus for Lumumba should he run and win the race for Mayor is this: offices, or more specifically, resignation from offices, can sometimes be used as bargaining chips in plea agreements with the federal government. With the trial date up in the air, the timing could work out for him.

Then again, he could turn on Owens in a plea deal before then…or be acquitted.

About the Author(s)
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Russ Latino

Russ is a proud Mississippian and the founder of Magnolia Tribune Institute. His research and writing have been published across the country in newspapers such as The Wall Street Journal, National Review, USA Today, The Hill, and The Washington Examiner, among other prominent publications. Russ has served as a national spokesman with outlets like Politico and Bloomberg. He has frequently been called on by both the media and decisionmakers to provide public policy analysis and testimony. In founding Magnolia Tribune Institute, he seeks to build on more than a decade of organizational leadership and communications experience to ensure Mississippians have access to news they can trust and opinion that makes them think deeply. Prior to beginning his non-profit career, Russ practiced business and constitutional law for a decade. Email Russ: russ@magnoliatribune.com