Off the Kuff Rotating Header Image

Scandalized!

Uresti gets 12 years

Harsh, but hardly unfair.

Carlos Uresti

Standing before a federal judge in a San Antonio courtroom on Tuesday afternoon, former state Sen. Carlos Uresti was contrite.

“I truly feel remorseful, ashamed, disappointed, disgraced, angry at myself and sad,” Uresti told the court, according to the San Antonio Express-News.

But shortly after, speaking to reporters outside the courthouse about his plans to appeal a 12-year federal prison sentence he said he does not “believe is fair and just,” the two-decade veteran of the Texas Legislature seemed anything but remorseful.

The sentence he received Tuesday — and the $6.3 million in restitution he’s been ordered to pay to victims of a Ponzi scheme he was convicted of helping carry out — is “just another obstacle,” Uresti said.

“When you’re right, you never give up,” he said. “And we’re right, so we’re not going to give up.”

See here for the background. He still has a second federal trial to undergo in October, so this is not as bad as it may get. I wonder if there was a dawning realization that a multi-year sentence was likely, and that this was what finally got him to resign, four months after his conviction. Whatever the case, and acknowledging that he did do some good things as a Senator, I’m glad he finally stepped down. As to what happens from here, I can’t say I have any feelings about it. The whole affair was sad, but Carlos Uresti is a grown man who made his own choices. He can live with the consequences of those choices.

Carlos Uresti resigns

About fscking time.

Carlos Uresti

Finally heeding calls from his colleagues on both sides of the aisle, state Sen. Carlos Uresti announced his resignation Monday, four months after he was found guilty of 11 felonies.

The news comes just over a week before the San Antonio Democrat is set to be sentenced by a federal judge in San Antonio; experts predict his penalty will be 8 to 12 years of prison time. He’s also scheduled for a trial in October on separate fraud and bribery charges.

“As you know, I am in the process of ensuring that justice is served,” Uresti wrote in a statement Monday. “I need to attend to my personal matters and properly care for my family. So, keeping in mind the best interests of my constituents and my family, I believe it to be most prudent that I step down from my elected office to focus on these important issues.”

[…]

His resignation will become effective Thursday.

In his announcement Monday, Uresti asked Gov. Greg Abbott to call a special election for the seat on the next uniform election date, which is the general election date in November. Doing so, he said, would save the district’s 17 counties thousands of dollars. The governor’s office did not immediately return a request for comment on timing for the election.

Several Democrats have already lined up to replace Uresti. State Rep. Roland Gutierrez announced his bid for the seat less than a month after the conviction; in early April, former U.S. Rep. Pete Gallego joined the fray as well.

See here and here for the background. Assuming we do get a November special election, which would join the other November special election(s) that we should get, we can have a replacement for Uresti sworn in and ready to go no worse than January, which is so much better than waiting till after November for a special election to be set. I’m sure there will be others besides Gutierrez and Gallego in the race, and as before I don’t have a preference at this time. Uresti set a low bar to clear, so an upgrade is likely. I for one am very ready for that.

Blake Farenthold is a gift that keeps on giving

Oh, Blake.

Blake Farenthold

Nearly a month after abruptly resigning from Congress in the wake of revelations over lewd and verbally abusive behavior, former Corpus Christi Rep. Blake Farenthold had been angling for several days to get a lobbying job at a port authority in his district.

And he appeared to be getting antsy.

“What’s up with the lawyers?” Farenthold wrote to Calhoun Port Authority director Charles Hausmann in an April 30 email, which was obtained by The Dallas Morning News through an open records request. “I’m ready to get work for y’all.

“Any problems that I should know about?”

Farenthold ended up landing the gig this month.  He  started Monday as a $160,000-a-year legislative liaison who will seek to boost the port’s “presence and visibility in Washington.”

The new position — which Farenthold announced in a radio interview — has created a stir in South Texas and beyond, in no small part because the former congressman said this week that he would not repay $84,000 in taxpayer money used to settle a sexual harassment suit against him.

Never stop never stopping.

Asked Friday about a news report that said former U.S. Rep. Blake Farenthold’s recent hiring as a lobbyist for the Port of Port Lavaca may have violated the Texas Open Meetings Act, the Republican said he “wasn’t involved.”

The Victoria Advocate reported Friday that Farenthold’s hiring may have been illegal since the notice posted by the Calhoun Port Authority, which oversees the port, was too vague in describing what was going to be said at a closed meeting where the former congressman’s hiring was discussed.

“I’m trying to get on with my life. I wasn’t involved other than I talked to them about a job. I don’t know anything about it,” Farenthold said after an event hosted by The Texas Tribune. “I’m not talking to reporters. I’m a private citizen now.”

According to the Advocate, the posting said the board would meet “for the purposes of deliberating the appointment, employment, compensation, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee.” But the Texas Supreme Court ruled that these notices need to be specific when they concern high-profile people.

Like flies to a garbage can, you know? Some people just have a knack for this sort of thing.

Farenthold, in a brief phone interview, said that he’s “a private citizen now” and is “trying to not be a news item anymore.” He declined to comment on what the Florida reference meant. He didn’t dispute the general timeline for how he obtained his new employment.

“I started looking for a job as soon as I was out of office,” he said.

Heck of a job not being a news item, dude. Maybe next time check and see if Chili’s is hiring first.

Sid Miller and the unqualified creep

I missed this when it came out last Friday, and now that I’ve seen it I wish I was still blissfully ignorant of it.

Sid Miller

Sid Miller

Texas Agriculture Commissioner Sid Miller in late 2016 appointed to the state’s Rural Health Task Force a former physician and Miller campaign donor who had his medical license revoked or suspended in three states.

In Iowa, Rick Ray Redalen’s medical license was first suspended when he was convicted of perjury in a case involving his marriage to his 15-year-old former stepdaughter. The license was later revoked for good for failure to report a malpractice suit, medical board records show.

Redalen, who calls himself “the Maverick Doctor,” said he was introduced to Miller several years ago by Todd M. Smith, a lobbyist who has reported making hundreds of thousands of dollars from Redalen’s company and is Miller’s longtime political strategist.

Redalen, who donated heavily to Miller’s campaign months before his appointment, said he has used the unpaid task force position to advocate for expanded access to telemedicine — a service offered by one of his companies. Redalen said he never expected any favors in exchange for his contributions to Miller.

Miller “is one of the first actual political people that I have met that talks constantly about improving health care in rural Texas and among rural Texans. Most people aren’t interested in that,” Redalen, 75, said.

[…]

Redalen has not practiced medicine for years but hit it big in the medical business nonetheless. In 1996, he founded a company called QuestRx, which now goes by ExitCare and was sold to Elsevier in 2012. The company provides a widely used tool that provides information to patients as they are discharged from medical facilities.

As a doctor, Redalen worked in emergency rooms and as a primary care doctor and has had his license suspended or revoked in Minnesota, Iowa and Louisiana.

The disciplinary action against Redalen by Minnesota’s medical board was due to “psychiatric and drug problems,” according to a 1995 Des Moines Register article.

Redalen’s legal troubles in Iowa stemmed from his relationship with his stepdaughter, whom he married in Tarrant County while on a trip to Texas in September 1988. He had been married to her mother, who committed suicide in 1987. In 1986, Redalen pleaded guilty to assault after authorities said he struck his wife with a rifle butt and pointed a gun at sheriff’s deputies, according to the Register article.

Emphasis mine. There’s more, mostly about Redalen’s financial contributions to Miller, so go read it. I highlighted the bits I did because I want to focus on the fact that in 1988, when he was 45 years old, this man married his 15-year-old former stepdaughter, whose mother had committed suicide the year before, when she was 14. One can debate, as some experts do in the Statesman story, whether these financial arrangements constitute a violation of campaign finance regulations, and one can discuss, as Erica Greider does, Miller’s long history of not caring about his mostly rural consituents, if one wants. I can’t get past the fact that Rick Ray Redalen was a 45-year-old man who married a 15-year-old girl, a 15-year-old girl who used to be his STEPDAUGHTER. I’m unable to think of a good reason why a decent person would want to form a relationship with such a man, whether political or financial or otherwise. Sid Miller is quite infamous for questioning on social media the morals of people who are not like him. Frankly, anyone whose morals are different than Sid Miller’s should be happy about that.

Stockman trial: Off to the jury

Please return a verdict.

Best newspaper graphic ever

The defense team for former U.S. Congressman Steve Stockman told jurors Monday the ex- GOP lawmaker did not plot a massive fraud scheme, but said the government should have targeted two wealthy conservative donors for making illegal campaign contributions disguised as charitable gifts.

“The true motives of his donors … was to fund Stockman, his political activities and his projects without being restricted,” said attorney Charles Flood, referring to $1.25 million in tax deductible donations Stockman is accused of diverting to pay off personal and campaign costs.

Flood said investigators “believed early on this was a fraud case and they retrofitted it. They formed a conclusion and tried to back into it.”

Flood and two other defense lawyers — who are being compensated by an anonymous Stockman friend — argued that while the two-time Republican lawmaker spent some of the seed money he solicited on an array of unrelated expenses, he did not deliberately trick the donors into giving him money nor attempt to cover his tracks after the money was gone.

See here for the last update. So Stockman isn’t guilty of money laundering, just of participating in a scheme to evade campaign finance law. Unwittingly, I guess – we all know how naive he is. I got nothing. Let’s just keep going.

In closing, prosecution stressed there was no evidence to prove the defense claims that these donors meant to break the law when they made donations to what they believed were genuine charities.

In all, prosecutors questioned dozens of witnesses over three weeks of testimony — including an IRS investigator, a forensic accountant for the FBI and Stockman’s own accountant — to back their theory that between 2010 and 2014 Stockman systematically planned to use the donations money however he wanted and then lied to cover it up.

Assistant U.S. Attorney Ryan Ellersick walked the jury through a series of transactions, pointing out that Stockman, a trained accountant whom a former assistant described as a “micromanger,” stated in his own words in emails, texts and letters that he knew exactly what he was doing.

Ellersick quoted Stockman’s letter to a doubtful government minister in South Sudan, who was questioning a humanitarian donation that included a percentage fee for the former congressman. Stockman stated in the letter, “My experience is vast … I know what I am doing,” and assured the official that while some people might be untrustworthy, his reputation was impeccable. “Leopards don’t change their spots,” Stockman wrote.

As someone who has followed Steve Stockman’s career for nearly a quarter-century, I do agree with that. I’m on ping and needles till a verdict comes in. The Trib has more.

Stockman trial update: Defense rests

And we’re done.

Best newspaper graphic ever

The defense rested its case Thursday in ex-GOP congressman Steve Stockman’s federal campaign fraud trial, after calling only two witnesses who together testified for less than an hour.

The former Republican lawmaker from Clear Lake told the judge presiding over his trial that he did not intend to testify in his own defense.

[…]

After court adjourned, Stockman’s defense team explained to reporters they would have called many more than two witnesses if the rules of evidence didn’t preclude Stockman to put on broader testimony about his reputation, work ethic and charitable work.

On Thursday, the final witness in the trial was Stevie Bidjoua Sianard-Roc, who had flown in from Africa to testify and took the stand for 38 minutes. She testified about several trips Stockman made to the Republic of Congo and Democratic Republic of Congo to meet with government ministers, discuss social issues and in one case deliver three boxes of medicine to a local hospital in which she served as his translator. In one instance, she said, Stockman donated an iPad to her husband.

“In Africa, Steve is like family to us,” Sianard-Roc told the jury.

Under cross-examination by Assistant U.S. Attorney Ryan Ellersick, the Sianard-Roc said she was not aware that Stockman was also working on a deal in the region with an oil company and hoped to meet with an oil minister there.

See here for the previous update. This whole trial has been amazing, but the thing that really stands out to me is how unimpressive the defense seems to be. Maybe it just hasn’t come through in the reporting, but I haven’t seen much to rebut any of the prosecution’s evidence. The defense seems to boil down to twenty-plus-year-politician Stockman is a naive dupe, and people in Africa like him. It feels more like what you’d put on during the sentencing hearing. Like I said, maybe there was more to it than the stories conveyed. Closing arguments are Monday, and then we’ll see. What do you think?

Stockman trial update: The prosecution abides

From Monday:

Best newspaper graphic ever

The second of two key government witnesses took the stand late Monday in Houston in the federal fraud trial of former U.S. Congressman Steve Stockman, telling jurors his main duty on the ex-lawmaker’s staff was to “just do what I’m told.”

[…]

On the stand Monday, [Jason] Posey told the jury he had previously pleaded guilty to wire fraud, mail fraud and money laundering.

Both [Thomas] Dodd and Posey knew Stockman through his work with the conservative Leadership Institute, an Arlington nonprofit that trains youth in grassroots organizing.

Posey, 47, who now works as a fry cook at Spuds in Tupelo, Miss., said he worked for Stockman on-and-off since his unsuccessful bid for re-election to the U.S. House of Representatives in 1996. He helped with Stockman’s failed campaign for Texas Railroad Commissioner in 1998 and lived among other volunteers in Stockman’s ramshackle campaign headquarters, a former motorcycle repair shop in Webster, during Stockman’s victorious 2012 campaign for the Congress.

Stockman then tapped him to be a congressional staffer in Washington. But when new employees were going around the room introducing themselves by their new titles at a preliminary staff meeting, Posey did not mention that he would be a liaison working on special projects.

Instead, he testified,“I stood and said, ‘I’m Jason Posey and I just do what I’m told.’”

He told the jury he knew nothing about Stockman’s major donors, although he helped the ex-congressman set up a failed charity, which Stockman later used to solicit donations, according to testimony from other witnesses.

See here for the last update. I don’t have anything to add to this, so let’s move on. From Tuesday:

After two and a half years dodging federal investigators by fleeing to Egypt, former congressional aide Jason Posey came to the painful realization that his boss, two-time Republican congressman Steve Stockman, was going to blame him for the elaborate fraud scheme they had orchestrated, he told a federal jury Tuesday.

“He told me, ‘You’re going to take the blame for everything’ and he was going to run for office,” Posey testified, adding that Stockman promised to look after him after Posey was convicted. “That was when I realized that I had been a complete fool for trusting Mr. Stockman and he never intended to keep his pledge.”

That pledge, according to Posey, was that if their questionable use of charitable donations came to light Stockman “would come clean about everything” and protect him and another devoted congressional staffer.

[…]

During Stockman’s successful 2012 campaign for the House of Representatives and his failed 2014 bid to unseat Texas Republican John Cornyn for Senate, Posey said he helped filter charitable donations to conservative 501c3 nonprofit groups. Posey testified he helped Stockman set up sham charities and associated bank accounts, which Stockman directed him to use to pay off campaign expenses and personal debts.

He wrote checks, set up bank accounts and moved the money, as Stockman told him, into shadowy charities, including one called the Egyptian American Friendship Society and another entitled Life Without Limits, supposedly dedicated to helping people recover from trauma, so the spending would look like it was coming from charitable groups, according to his testimony.

You really have to admire the dedication to these schemes. There’s no length Stockman (allaegedly) wouldn’t go to for the money. Imagine how much he could have gotten done if he’d applied that kind of work ethic to something productive.

And finally, from Wednesday, when the prosecution finished and the defense got started.

The prosecution ended its case by calling back to the stand FBI Special Agent Leanna Saler, to explain to the jury how Stockman used Bitcoin to forward funds to Posey who had fled to Egypt to avoid investigators and the purchases of so-called “burner phones” which were used to discuss an improper campaign donation, according to Posey’s testimony. Both were difficult for law enforcement to trace, Saler testified.

Defense lawyer Sean Buckley asked whether the Bitcoin transactions were charged in Stockman’s indictment. Saler said no. The ATM withdrawals Stockman made in Switzerland and Cairo were also not included in the charges, she testified.

Under further questioning from Buckley, the agent stated that the FBI never investigated the two mega-donors who gave Stockman the charitable contributions that were later diverted to pay personal and campaign editors.

After the government ended its presentation, Stockman’s lawyers called Callie Beck as their first witness to begin their defense of the charges. The court adjourned shortly after Beck’s testimony to await the expected arrival of another witness who Stockman’s lawyers said was flying in from the Republic of Congo to testify about the GOP lawmakers work shipping medicine to developing countries.

Beck was on the stand less than 10 minutes in all, detailing what she did during a summer program Stockman paid for with a charitable donation. She said the Summit, a two-week camp in Colorado run by a Christian organization, involved lectures and team building for youths before entering college.

Under cross examination by Assistant U.S. Attorney Melissa Annis, Beck acknowledged she was not familiar with Freedom House, a housing and training program for Capitol Hill interns.

Yes of course I blogged about it when Stockman announced he would accept Bitcoin for his campaign. I mean, come on. The defense is expected to take just a couple of days, with the case wrapping up early next week. I can’t wait to see what this other witness has to say.

Stockman trial update: Tanning salons and dolphin boat rides

I love this trial so much. It’s the gift that keeps on giving, about the grifter we all deserve.

Best newspaper graphic ever

Former U.S. Congressman Steve Stockman spent $450,000 in charitable funds from an East Coast philanthropist on personal expenses including dolphin boat rides, tanning salons, a kennel bill, a new dishwasher and airline tickets to the African nation of Sudan, according to an FBI forensic accountant who testified Wednesday in Stockman’s fraud trial.

In all, the ex-Republican lawmaker from Clear Lake is charged in a federal indictment with siphoning off $1.25 million in donations meant for charitable causes, between 2010 and 2014, through a series of bank transfers, to pay personal and campaign costs.

Stockman’s defense lawyers counter that while Stockman may not have spent his funds wisely, he didn’t break the law. His defense team has grilled a series of prosecution witnesses from the IRS and FBI about why they didn’t investigate the major donors about the intent behind their major transactions.

[…]

An FBI accountant followed the path Rothschild’s money took in Stockman’s possession, including credit card bills for trips, department store expenses and SkyMall purchases.

See here, here, and here for earlier updates. The only thing better than the witness testimony has been the defense’s explanations of the testimony. Who among us hasn’t accidentally used a few thousand dollars intended for charity – really, more like “charity” in this case – for kennel bills and Skymall purchases? Could happen to anyone, really.

And that was just Wednesday. Here’s Thursday.

Thomas Dodd, a top aide to former U.S. Congressman Steve Stockman, spent six hours on the witness stand at his ex-boss’ fraud trial Thursday, explaining how he was instructed to land big donations from heavyweight contributors, help funnel that money into shell accounts and then assist in an elaborate coverup.

[…]

He told the jury his role during Stockman’s political ascent was to help set up meetings with some of the country’s biggest GOP donors. During part of this time, Dodd himself was often deep in debt and lived for a time in a former motorcycle repair shop in Webster that served as Stockman’s campaign headquarters.

Dodd testified about a series of donations, money transfers and trips spanning the globe that he made on Stockman’s behalf.

There were two conservative megadonors who wrote the checks that prosecutors say financed the spending spree. The biggest was Richard Uihlein, a shipping supplies magnate from the Chicago area who gave $800,000, and Stanford Z. Rothschild Jr., a Baltimore money manager who died in 2017, who gave $450,000. Prosecutors say the donations went to charities controlled by Stockman, some of which did not qualify as nonprofits despite he promises to donors.

Dodd helped arrange meetings with donors, attended them with Stockman and followed up on collecting the funds. He testified that Stockman repeatedly assured Uihlein his donation would go toward establishing Freedom House, a house on Capitol Hill that would be converted as a residence and training center for young conservatives.

Similarly, Dodd said, Stockman promised Rothschild at the meetings and in related correspondence his foundation’s money would be spent targeting conservative voters with tabloid-style mailings that would promote their shared conservative policy agenda.

Within days of depositing Rothschild’s donation checks, Stockman began paying off old credit card bills, Dodd testified.

[…]

After Uihlein’s $350,000 donation cleared the bank, Stockman asked Dodd and Posey, the other aide who pleaded guilty, to donate to his campaign account, according to Dodd’s testimony. Stockman said he couldn’t donate to himself as a sitting congressman, but he would give his aides money to write him checks, Dodd said.

Dodd testified that he told Stockman he also couldn’t make a donation under federal election law, explaining to Stockman he had just learned in the House ethics training that staffers cannot donate to their member of congress.

Dodd said Stockman told him not to worry.

“Mr. Stockman explained that no one would find out, and if someone did find out about it, he would take the fall,” Dodd said.

First of all, like I said, “charity”. Second, I don’t know that this qualifies as an “elaborate” coverup. The villains in the Scooby-Do cartoons had more intricate schemes. More likely to succeed, too. There’s a punchline to this story that I won’t spoil – go click over and read the Chron article to the end.

I don’t see any updates from Friday, but Courthouse News has more on Dodd’s testimony, including this curious exchange from the cross examination:

During cross-examination, Stockman’s attorney tried to portray Stockman as an ambitious, hapless man who often gets in over his head.

“Would you agree that Stockman can be prone to biting off bigger projects than he can chew?” Buckley asked.

“That’s correct,” Dodd said.

“Would you agree that Stockman, in many situations, or in some situations, has genuinely good ideas that somehow fail in the follow-through stage? You agree with that, right?” Buckley asked.

“I don’t know if I agree with that characterization,” Dodd said.

“Do you disagree?”

“Yes.”

“Explain, sir, why you disagree.”

“Because I’ve known Mr. Stockman for a fair number of years. I met him after he ran for Congress the first time, but my understanding was that he did something significant with organizing to get elected to Congress the first time,” Dodd said.

He continued: “When I was at the Leadership Institute he mobilized 1,000 college groups; he had 100 people working for him that were organizing these groups. It was a monumental task and it was a significant achievement for the organization. So I wouldn’t characterize that he has not been successful in organizing things that people didn’t think were possible.”

Stockman first worked with Dodd from 2005 to 2007 at the conservative Leadership Institute, as director of its campus leadership program.

You know that old adage about lawyers not asking questions they don’t already know the answers to? This is an example of why that’s a thing. There’s still another week of this trial to go. My cup runneth over. TPM has more.

JP Hilary Green resigns

Wise decision.

The Harris County justice of the peace accused of paying prostitutes for sex, abusing drugs while on the bench and sexting a bailiff officially resigned this week – although her attorney says it has nothing to do with the claims against her.

Hilary Green had already been temporarily suspended by the Texas Supreme Court and was headed for trial next month to determine her judicial future. But on Tuesday – even as lawyers worked to prepare for the upcoming Austin court date – the long-time Precinct 7 jurist sent a letter to Harris County Judge Ed Emmett, announcing her decision to leave the bench.

“Effective immediately, please allow this letter to serve as my formal resignation from my position as Justice of the Peace, Precinct 7, Place 1,” Green wrote. “Due to the unexpected death of my father and my mother’s newly diagnosed illness, it is important for me to focus all my attention on my family.”

Green’s attorney, Chip Babcock, emphasized that his client’s departure was motivated solely by personal considerations.

“It is totally unrelated to the charges which she continues to deny and contest,” he told the Chronicle Thursday. The pending proceedings to unseat her – and lack of income, given her suspension without pay – took a toll on her, according to Babcock.

[…]

In light of Green’s resignation, county commissioners are expected to appoint a replacement who will serve until November 2018. Voters in the November election will then decide on her successor. Her term would have expired in 2020.

The political parties will in the coming months determine which candidates will be on the ballot.

Precinct 1 Commissioner Rodney Ellis will likely select the interim appointment.

“Commissioner Rodney Ellis will consult with community leaders and legal experts to select a qualified candidate,” an Ellis spokesman said. “He plans to have a candidate to submit to Commissioners Court for approval on April 10.”

See here and here for the background. I’m mostly interested in what happens next, as I don’t think we’ve seen a situation exactly like this recently. Robert Eckels, Paul Bettencourt, Charles Bacarisse, Jerry Eversole, and most recently Adrian Garcia all resigned from county offices, but they did so in odd-numbered years, meaning there was plenty of time for people to file and run in the primaries for those offices. Jack Abercia already had a slate of primary opponents when he announced his intent to not run for re-election, prior to his tour of the criminal justice system. El Franco Lee died in January of 2016, a year in which he was on the ballot and was the only person who had filed for his position. Due to the timing of that, he remained on the primary ballot, then we went through that process to replace him as the nominee via the precinct chair process.

Hilary Green was not scheduled to be on the ballot this year; she was elected to a four-year term in 2016. The primaries are over, so that’s not an option. I suppose we could have a special election as we would for a legislator who left office mid-term, but the phrasing of that “political parties will…determine which candidates will be on the ballot” sentence suggests we’re in for another precinct chair selection process. I wanted to be sure about that, so off to the Texas Statutes website I go. First, in the case of the interim appointment, Section 28 of the Texas Constitution says:

Sec. 28. VACANCY IN JUDICIAL OFFICE. (a) A vacancy in the office of Chief Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or the District Courts shall be filled by the Governor until the next succeeding General Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term.

(b) A vacancy in the office of County Judge or Justice of the Peace shall be filled by the Commissioners Court until the next succeeding General Election.

Clear enough. But how is that next succeeding General Election to be conducted? I turn to Election Code, Title 12 “Elections to fill vacancy in office”, Chapter 202 “Vacancy in office of state or county government”:

Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter applies to elective offices of the state and county governments except the offices of state senator and state representative.

Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a vacancy occurs on or before the 74th day before the general election for state and county officers held in the next-to-last even-numbered year of a term of office, the remainder of the unexpired term shall be filled at the next general election for state and county officers, as provided by this chapter.

(b) If a vacancy occurs after the 74th day before a general election day, an election for the unexpired term may not be held at that general election. The appointment to fill the vacancy continues until the next succeeding general election and until a successor has been elected and has qualified for the office.

[…]

Sec. 202.004. NOMINATION BY PRIMARY ELECTION. (a) A political party’s nominee for an unexpired term must be nominated by primary election if:

(1) the political party is making nominations by primary election for the general election in which the vacancy is to be filled; and

(2) the vacancy occurs on or before the fifth day before the date of the regular deadline for candidates to file applications for a place on the general primary ballot.

[…]

Sec. 202.006. NOMINATION BY EXECUTIVE COMMITTEE. (a) A political party’s state, district, county, or precinct executive committee, as appropriate for the particular office, may nominate a candidate for the unexpired term if:

(1) in the case of a party holding a primary election, the vacancy occurs after the fifth day before the date of the regular deadline for candidates to file applications for a place on the ballot for the general primary election; or

(2) in the case of a party nominating by convention, the vacancy occurs after the fourth day before the date the convention having the power to make a nomination for the office convenes.

(b) The nominating procedure for an unexpired term under this section is the same as that provided by Subchapter B, Chapter 145, for filling a vacancy in a party’s nomination, to the extent that it can be made applicable.

Chapter 145 was the governing law for the process used to fill El Franco Lee’s spot on the ballot, and then subsequently those of Rodney Ellis and Borris Miles. Here, Section 202.004 cannot apply, as the primary has already taken place, so Section 202.006 is the relevant code. And so we get to experience another precinct chair convention to pick a nominee – unlike 2016, when no Republican had filed for Commissioners Court Precinct 1, the GOP will get to name a candidate as well. Well, someone will get to experience that. I am thankfully in JP Precinct 1, not JP Precinct 7, so I’m spared it this time. I’ll follow it, and time permitting I’ll be there when it happens to observe, but I get to be a bystander this time, and that’s fine by me. Godspeed to those of you who get to make the call.

The prosecution keeps piling on Steve Stockman

From Monday:

Best newspaper graphic ever

A fundraising director who quit and returned most of his salary after four days as an employee of ex-U.S. Congressman Steve Stockman characterized the work environment as “horrific” for Washington, D.C., interns, according to his testimony in the second week of the former Republican lawmaker’s fraud trial in a Houston federal court.

A crew of volunteer interns worked in a cramped office making as many as 2,000 fundraising calls all day — at a lobbying firm rather than the congressman’s office — and had to hustle to find their own summer lodging, according to Sean McMahon, the short-lived fundraising director.

“The situation with interns is horrific,” McMahon wrote — before the interns began at the lobbying firm office — in an email entered as evidence in the case. “Every single one of them believes they are having a normal ‘Hill internship.’ This is not the case.”

[…]

Among more than a dozen witnesses Monday was Stockman’s former secretary on Capitol Hill, Kristine Nichols. She said before she started at his office the congressman said she had to take a mandatory ethics course. Everyone did.

Nichols testified she asked Stockman, who had been a friend before she was hired, whether he took the course, too.

“He said he wasn’t planning to go because then they might hold him to the rules,” she said.

Ouch. See here and here for earlier updates. I’m not sure what this was intended to establish other than the fact that nobody seems to like Steve Stockman, but I’m here for it anyway. There was some more testimony about his attempt to “sting” State Rep. James White as well.

And from Tuesday.

Former U.S. Congressman Steve Stockman recruited top officials from the Egyptian defense ministry to help solicit a $30 million donation from an international cement company facing legal trouble, according to testimony in the second week of the GOP lawmaker’s federal corruption trial.

Stockman claimed the funds would go toward educating Americans about the historic importance of Egypt and the Middle East, or perhaps toward shipping medical supplies to Egypt and Africa, a witness testified Tuesday.

The hefty donation from CEMEX, an international cement company founded in Mexico, apparently never materialized. But prosecutors say the aide who helped arrange Stockman’s trip to Egypt to meet with officials was paid with money from another donation Stockman solicited for another of his pet causes. He had told an investor he wanted to establish Freedom House, a facility for conservative Capitol Hill interns in Washington, D.C.

The government lawyers say these trips and expenditures demonstrate how Stockman took hundreds of thousands of dollars in charitable donations, and rather than spending it as promised, he used it to enrich himself. The former GOP lawmaker from Clear Lake is on trial for 28 criminal counts related to syphoning off major donation funds to cover his own personal and political debts in what the government lawyers called a “white collar crime spree.”

But Stockman’s defense team contends that testimony about the Egypt trip and about donation money Stockman funneled into a surveillance project tracking a presumed political opponent at the state capitol amount to meritless theatrics aimed at swaying the jury.

“It’s a time-consuming effort to make Mr. Stockman look like he’s involved in a bunch of shady stuff, none of which is charged in the indictment,” said attorney Sean Buckley.

If your defense is that the prosecution is spending too much time on shady stuff your client did that he wasn’t charged with, I’m thinking you have a tough road ahead. All this and the two Stockman aides who took pleas still haven’t testified.

The Stockman trial gets weird

I mean, with Steve Stockman you have to expect some weird crap, but I didn’t see this coming.

Best newspaper graphic ever

The American Phoenix Foundation — a now-defunct conservative activist groupknown for attempting undercover stings of lawmakers and lobbyists — planted an intern in a Texas state lawmaker’s office during the 2013 legislative session in an effort to expose misdeeds, testimony in federal court revealed Thursday.

Shaughn Adeleye, testifying in Houston in the federal fraud case against former U.S. Rep. Steve Stockman, said in court Thursday that he was planted in the office of state Rep. James White to obtain footage of the Hillister Republican engaged in “fraud and abuse” and also in more mundane activities like cursing or failing to tidy his messy car, according to Quorum Report.

Stockman funded that effort in an attempt to uncover “salacious” gossip about a perceived political rival, according to testimony Thursday, the Houston Chronicle reported. The former congressman stands accused of illegally using charitable donations to cover political and personal expenses, among a total of 28 criminal charges.

Stockman was concerned that White would give up his state House seat to challenge him for Congress. “Republicans love black conservatives. I’m worried,” Stockman fretted in a text to a political ally, according to testimony Thursday.

Adeleye told prosecutors Thursday that he accepted the undercover job because he was told he’d be ferreting out corruption, but it ultimately became clear his supervisors were hoping for embarrassing material about White, who is the only black Republican in the Legislature. He was told “a good video of [White] saying anything crazy would be ideal,” according to an email shown in court.

“These were just such odd requests,” Adeleye said Thursday.

The American Phoenix Foundation filmed Texas lobbyists and lawmakers back in 2015, and the group’s membership has ties to James O’Keefe, a conservative political activist infamous for his shady tactics.

See here for yesterday’s update. I recall State Rep. White’s name being bounced around as a possible CD36 candidate for a hot second or two, but it never gained any traction, in part because he wasn’t interested and in part because Stockman went off on his quest to unseat Sen. John Cornyn in that primary. Given that Stockman basically cruised to a win in the crowded 2012 race for CD36 on the strength of his residual name ID and that James White was a two-term State Rep who I’d venture to guess was widely unknown, this hair-brained scheme to discredit him – which among other things would surely have done wonders for Rep. White’s name ID – shows an impressive level of paranoia, even for the likes of Stockman. The scheme itself makes Jerry Lundegaard and Carl Showalter look like super geniuses, and I am here for it. This trial has more than lived up to my expectations, and the defense hasn’t even begun to present its case. The Chron – check the URL for that story, it’s pure gold – has more.

Stockman trial update

From Tuesday:

Best newspaper graphic ever

“This case is the story of how the defendant over the course of four years exploited the trust and charity of others to pull off a massive scam,” Assistant U.S. Attorney Robert Heberle, of the Justice Department’s public integrity division, told jurors during opening statements in the federal corruption trial.

“It is the story of a man who thinks that the rules are for other people,” Heberle said. “And it is the story of how, dollar by dollar, investigators followed the money and unraveled the defendant’s fraud scheme.”

Heberle said Stockman pulled off the scheme by cheating federal election law, lying to donors and blaming mistakes on his staff.

Heberle outlined several major donations Stockman, a trained accountant, solicited on behalf of charitable groups he was involved in, and said the evidence would show that with the help of two aides, Stockman quickly moved that money from one account to another and spent it to cover personal and campaign expenses.

Defense attorney Sean Buckley, however, had a drastically different take on the same series of financial transactions.

“The core is question of whether Mr. Stockman lied with the intent to steal money” from two major donors, Buckley said.

Buckley described his client as a scrappy, naive and idealistic outsider who lost track of his finances.

See here for the previous update. Just as a reminder, that “scrappy, naive outsider” was first elected to Congress in 1994, and the crimes he is accused of stem from his 2012 House campaign and his unsuccessful 2014 primary bid against Sen. John Cornyn. That’s an awfully long time to remain naive.

From Wednesday:

Former U.S. Congressman Steve Stockman and two aides used a major charitable donation to a cover credit card debt, two spots at a Christian summer camp, a friend’s stint in rehab and a funeral for employee’s wife, according to testimony Wednesday from an FBI agent at Stockman’s federal fraud trial in Houston.

But they didn’t spend any of the $350,000 gift — as Stockman had promised he would at a pitch meeting with a conservative Midwestern mega-donor — on the renovation of a house near Capitol Hill in Washington, D.C., to be used as living quarters and a training facility for young conservatives.

A series of witnesses called by federal prosecutors in the second day of Stockman’s corruption trial traced the path of that $350,000 donation, testifying that Stockman and his associates spent it on an extensive array of expenses, which the donor said he never meant to cover.

[…]

[Conservative megadonor Richard] Uihlein said after spending less than an hour meeting with Stockman at his corporate offices in Pleasant Prairie, Wis. on Jan. 24, 2013, he wrote a check from the Ed Uihlein Family Foundation to the newly elected representative’s charitable foundation for $350,000.

One month prior, at the urging of Larry Pratt, CEO and founder of Gun Owners of America, Uihlein had donated $5,000 to help pay for a group of home-schooled children to be in Washington for Stockman’s swearing in ceremony.

And a year after he made the Freedom House donation, Uihlein would write a $450,000 check to cover a mailing in Stockman’s unsuccessful bid to unseat U.S. Sen. John Cornyn in the Republican Primary, court records in the case show.

And now the GOP legislator and an aide, Thomas Dodd, had arrived with an impressive brochure about Freedom House and asked for money to create their training center for young congressional interns. Uihlein, the CEO of a moving supplies empire, said he liked the idea of helping cover the house’s renovation.

“I felt they were trustworthy,” Uihlein told the jury, under questioning from a federal prosecutor. “And I trusted that they would spend the money the way they said.”

He said he understood from the brochure that Stockman was soliciting the money for a charitable cause through a 501c3 organization, and stressed he would not have given it if he knew it would be spent on the former lawmaker’s personal and campaign costs.

This post has more about the Stockman/Uihlein relationship. Uihlein may have been duped, but he’s far from innocent, or sympathetic. As for Stockman, his defense is to blame everything on the two former aides that have since taken plea deals for their actions in this saga. One of those aides, Jason Posey, has been an associate of Stockman’s since his first Congressional term in the 90’s. Like I said, that’s an awfully long time to remain naive. The prosecution still has more to present, and then we get to the defense, which ought to be amazing. Stay tuned.

Steve Stockman’s trial has begun

Hope you have your popcorn ready.

Best newspaper graphic ever

A year after he was charged with running a wide-ranging scheme to divert charitable donations to pay for campaign and personal expenses, former U.S. Rep. Steve Stockman is scheduled to begin a month-long trial Monday in a Houston federal courtroom.

Jurors could hear testimony in Chief U.S. District Judge Lee H. Rosenthal’s courtroom from about 75 witnesses and sift through thousands of pages of evidence in what prosecutors have characterized as a “white-collar crime spree,” according to court documents.

[…]

“The evidence at trial will show that over a four-year period (Stockman) used a series of sham nonprofit entities to raise over $1 million in fraudulent donations,” according to trial brief filed recently by Justice Department prosecutor Ryan Ellersick, who alleged the former congressman “funneled the fraud proceeds through a web of shell bank accounts before ultimately using the funds to pay for personal expenses and to illegally finance his campaign for federal office.”

Stockman, 61, a resident of Clear Lake, faces 28 criminal counts, including allegations of mail and wire fraud, conspiracy, making false statements to the Federal Election Commission, making excessive campaign contributions, money laundering and filing a false tax return.

Stockman’s lawyer, Sean Buckley, said he expects his client to be fully vindicated. He plans to argue that the upstart lawmaker, who opposed big government and failed to unseat Sen. John Cornyn in the 2014 Republican primary, did nothing intentionally wrong.

“We are absolutely adamant that he didn’t intend to defraud donors or anyone else,” Buckley said. “There’s no allegation of an extravagant lifestyle. He was always one step away from the poverty line.”

See here for the previous update. Gotta love the “I didn’t mean it!” defense. Jury selection is underway. I’ll be checking in periodically as we go.

Stockman’s trial set to start

Get ready.

Best newspaper graphic ever

Former U.S. Congressman Steve Stockman stood before a federal judge in a mostly empty Houston courtroom Friday and confirmed he wants a jury to decide if he diverted nearly $1.25 million in charitable donations intended for conservative organizations.

Chief U.S. District Judge Lee H. Rosenthal first determined that he had not entered into plea negotiations with federal prosecutors, and then asked, “Mr. Stockman, I assume you want to go to trial?”

“Yes, your honor,” he replied.

Stockman, whose trial is now set for March 19, has been free on $25,000 unsecured bond. The judge made a point to insist that he be present in court for the entire proceeding. He assured her he would.

[…]

Defense attorney Sean Buckley said his client is confident and he’s ready to address and refute the allegations.

“As they always say, there are two sides to every story and there are most certainly two sides to this one,” Buckley said.

Buckley said he plans to argue that the two aides pleaded guilty to better their own situations, not because they or Stockman are guilty or did anything wrong.

See here for some background. The aides in question are Jason Posey and Thomas Dodd, both of whom have already taken pleas. Stockman’s trial was supposed to have started in January, after having been delayed from June of last year. This time it looks like it may finally get going. I can’t wait.

Just so we’re clear, Sen. Carlos Uresti needs to resign

Any time soon works for me.

Sen. Carlos Uresti

Last Thursday, a jury convicted Uresti, who represents Senate District 19, on 11 felony counts, including fraud and money laundering, for his work with a defunct frac-sand company. In addition, he has a separate public-corruption case hanging over him.

Uresti has been stripped of his Senate committee assignments and ostracized by his fellow Senate Democrats. He’s stranded on an island, both legally and politically.

Uresti is evaluating his options at the moment, but it seems all but inevitable that he will step down from the Senate this year.

Even though he is legally entitled to keep his seat while he navigates his way through the appeals process, no constituent deserves to be represented by a lawmaker who is behind bars (as Uresti is likely to be after his scheduled sentencing in June).

In the coming months, he will surely feel pressure from Democratic Party leadership, who don’t want to see a potential blue-wave election hampered by the stench of corruption.

[…]

State Rep. Roland Gutierrez, D-San Antonio, has been open about his ambitions for the seat. In a sense, Gutierrez has been campaigning for it since federal agents raided Uresti’s law office a year ago.

Former Congressman Pete Gallego also has privately indicated to friends that he wants the seat, according to multiple sources. He also has been turning up over the past few days at San Antonio political events.

[…]

Political buzz in Senate District 19 also has surrounded City Councilman Rey Saldaña — who will be term-limited out of the council next year — and state Rep. Phil Cortez.

See here for the background. I sure hope he’ll conclude that he needs to step down, and the sooner the better. We need to get his successor into office, and doing so in time for the next session in January would be nice. I don’t have any particular preference for any of the potential candidates named in this story, but given the other issues surrounding Uresti, maybe – hear me out now – we could find a lady candidate to rally around. Just a thought.

Sen. Uresti convicted on fraud charges

Time to resign.

Sen. Carlos Uresti

The courtroom was silent and thick with anxiety Thursday morning as the judge’s deputy read the verdicts: “Guilty,” “guilty,” “guilty” — 11 times over, and on all felony counts.

State Sen. Carlos Uresti sat stone-faced, his gaze directed at the deputy, as he heard the ruling that throws into question his two-decade career in the Texas Legislature and opens up the possibility more than a century in federal prison and millions of dollars in fines.

If upheld on appeal, the 11 felony charges — including multiple counts of fraud and money laundering — would render the San Antonio Democrat ineligible to continue serving as a state legislator. Uresti, an attorney by trade, would also be disbarred.

Uresti has no immediate plans to step down from his seat in the state Senate, he said minutes after the verdict. And he will “absolutely” appeal the jury’s decision.

[…]

There were no calls for resignation among state lawmakers immediately after the verdict, but Texas Democrats issued an immediate rebuke of the senator Thursday morning, saying “no one is ever above the law.”

“After being found guilty of such serious crimes, Senator Uresti must seriously consider whether he can serve his constituents,” Texas Democratic Party Communications Director Tariq Thowfeek said.

And state Rep. Roland Gutierrez, another San Antonio Democrat, said that elected officials are “held to a higher standard.”

“Over the next few weeks we need to have a serious discussion as constituents and taxpayers about how we move forward and turn the page,” he said. Gutierrez, whose district overlaps with Uresti’s, could be eyeing the senator’s seat.

See here and here for some background. You can have that “serious discussion” about moving forward and turning the page if you want, but it should happen in conjunction with Sen. Uresti resigning, which frankly he should have done months ago, for other reasons. As such, I’m glad to see this.

“In light of today’s jury conviction of Sen. Carlos Uresti, the Texas Senate Democratic Caucus is calling upon Sen. Uresti to resign his position,” caucus chair Sen. José Rodriguez said in a statement.

[…]

“Voters in this time and age want people who have at least so far [demonstrated] good judgements,” said Leticia Van De Putte, former Democratic senator for Texas’ District 26. “All I know is that if the defense is ‘Well I didn’t know this was wrong,’ it’s very difficult to go back and ask people to vote for you.”

[SMU political science professor Cal] Jillson agreed: “He might find that his political career is ended because of this, and it will provide political opportunities for others.”

Van de Putte served in the Texas Senate from 1999 to 2015, overlapping nine years with Uresti, who won his senate seat in 2006.

“I’m heartbroken at the situation,” said Van de Putte, who later co-founded a consulting firm. “I know Sen. Uresti … has been an amazing champion for abused children. I worked with him on a number of efforts, he’s done great work in the Legislature.

“No one will remember all the great work he did. They’ll remember this case.”

[…]

State Rep. Roland Gutierrez (D-San Antonio) released a statement Thursday, saying elected officials are “held to a higher trust” and that constituents and taxpayers would have to “move forward and turn the page.”

Political analyst Harold Cook, who has worked in the Texas House of Representatives and as an advisor to Democrats in the Texas Senate, said Gutierrez’s tone implies he’s vying for Uresti’s seat.

“This is what I would have written for somebody [who is] already going to be a candidate,” Cook told the Rivard Report. “Senate districts don’t come up often and they’re not open often.”

District 19 is one of the biggest senate districts in the country, Cook said. “There are a lot of Democrats holding office in those counties [who] would love to be state senator.”

There are others mentioned the story, and I’m sure the list will be long when and if it comes to it. But first, we need Uresti to resign. Step down now, so we can get someone else in place as soon as possible and so we don’t face the prospect of not just one but TWO incumbent legislators going to jail, perhaps during the next session. Among the many things that I hope we’ve learned from the #MeToo movement is the concept that no one is so important or accomplished that they must be shielded from being held accountable from their actions. Please do the right thing here, Senator. The Current and the Rivard Report have more.

Chris Oliver gets sentenced

Goodbye.

Chris Oliver

A former Houston Community College trustee was sentenced to nearly six years in prison on Monday after a judge said he accepted more than a quarter million dollars in bribes in exchange for his influence over contract work with the college.

In the sentencing, U.S. District Judge Vanessa D. Gilmore asked Chris Oliver if his conduct was “standard procedure” for HCC trustees and asked if the college was a “cesspool.”

“The line is definitely blurred,” he said. “You don’t come from wealth. You’re in an elected position. Things are thrown at you.”

[…]

Gilmore said he served in his position for “too long” as his integrity eroded.

Oliver agreed and said he should not have sought re-election in 2011. “I probably should have called it a career.”

See here for the background. I’ll note that Oliver ran for City Council in 2015, so at least we dodged that bullet. Things may indeed be thrown at elected officials, but most of them manage to not get convicted of bribery charges. I’m just saying. HCC says it has implemented procedures and checks to prevent actions like Oliver’s in the future. I think it’s safe to say that remains to be seen.

No Paxton trial till prosecutor pay case resolved

It’s not on the court calendar at this time.

Best mugshot ever

Attorney General Ken Paxton’s fraud trials have been put on hold as the lawyers pursuing the criminal charges against him fight for years of back pay.

Judge Robert Johnson has taken Paxton’s three criminal cases off his docket for now, the court confirmed to The Dallas Morning News on Friday. While court staff did not have a reason for the removal, the three attorneys prosecuting Paxton have repeatedly asked for the cases to be halted while they fight to have their pay resumed.

The delay will almost certainly push Paxton’s trials into general election season, when he will be seeking another term as the state’s top lawyer. In July, Paxton’s indictments will turn three years old.

[…]

“The (Paxton) case is kind of waiting to go to trial based on [the CCA’s] decision,” said Larry Meyers, a Democrat who lost his seat on the criminal court last year. “About six weeks would probably be a fairly responsible time for them to get an opinion out.”

The Court of Criminal Appeals won’t take up the prosecutors’ case until January 10, so a decision could be issued just before voters go to the polls in the March 6 primary elections. If the court sides with the prosecutors, jury selection in Houston will likely proceed without much further delay. If it doesn’t, the prosecutors have threatened to step down, a move which will temporarily derail the case against Paxton as the county looks for replacement lawyers.

See here for the background. If the CCA rules for the prosecutors, figure on the trial beginning in late spring or early summer. If not, figure on something like the third of never. Let’s hope for the best.

CCA to review Paxton prosecutors pay case

Good.

Best mugshot ever

The state’s highest criminal court agreed Wednesday to take a closer look at prosecutors’ long-running fight to get paid for their handling of the securities fraud case against Texas Attorney General Ken Paxton.

The move by the state’s Court of Criminal Appeals could have a major impact on the separate case against Paxton. The prosecutors have suggested they will bail if they cannot get paid, likely imperiling the more than two-year case against the state’s top lawyer.

“We are gratified but not surprised by the Court of Criminal Appeals’ decision to formally hear this landmark proceeding, one that impacts trial judges, prosecutors, and defense attorneys across Texas,” the prosecutors said in a statement Wednesday.

Prosecutors asked the Court of Criminal Appeals in September to reverse a ruling from a lower court that voided a six-figure invoice for work that goes back to January 2016. The prosecutors said the decision by the Dallas-based 5th Court of Appeals — spurred by a legal challenge to the invoice by Collin County commissioners — was a “clear abuse of discretion.”

Days after the prosecutors appealed to the Court of Criminal Appeals in September, it put the lower-court ruling on hold. But the court waited until Wednesday — nearly two months later — to announce its decision to review the ruling.

See here and here for the background. All of this jousting over paying for the prosecutors has pushed the trial back into 2018, with the next court date awaiting the disposal of this case. You know how I feel about this, so let’s hope for once that the CCA’s infamous pro-prosecutor tendencies will be a force for good for once. The Chron has more.

You can’t legislate from jail

That’s the Ron Reynolds story.

Rep. Ron Reynolds

There’s a chance state Rep. Ron Reynolds could be sentenced to serve a year in jail next year. If that happens, he wouldn’t have to resign, according to state officials.

The Houston-area Democrat recently lost his appeal to a 2016 conviction of five misdemeanor barratry charges for illegal solicitation of legal clients. Reynolds, a once-practicing personal injury lawyer, says his attorney is working to submit a petition to the Texas Criminal Court of Appeals to review the opinions issued by Texas’ 8th Court of Appeals, which upheld his conviction. It’s a last-ditch attempt to avoid serving his sentence of a year in jail.

In an interview with the Tribune, Reynolds refused to address what he would do if his final appeal fails.

“We’re very – and I’ve even got a second opinion – are very confident that we’ll prevail, so I don’t think it will get to that point,” Reynolds said in a phone interview.

Should Reynolds end up in jail next year, the four-term lawmaker could still hold office and continue to run for re-election. According to Sec. 141.001 of the Texas Election Code, the only criminal misconduct that would require an elected official to resign would be a felony conviction. Reynolds’ convictions qualify as misdemeanors.

“So technically, the representative could be serving out his sentence for a misdemeanor and still be a state representative,” said Sam Taylor, communications director for the Texas Secretary of State’s Office.

[…]

Joel Daniels, a Montgomery County assistant district attorney who was among the lawyers who tried Reynolds’ case, noted that the opinions issued by the three-judge Eighth Court of Appeals on Nov. 29 were unanimous for each of the five charges. That bodes well for the prosecution’s case, he said.

“We are greatly gratified by the appeals court rejecting Mr. Reynolds’ attempt to overturn a jury’s verdict,” Daniels said. “This important decision brings Mr. Reynolds one step closer to justice.”

See here for the last update. I honestly don’t know what Reynolds’ end game is. I understand having hope, but you gotta be realistic, too. Reynolds received a decent amount of establishment support in his re-election bid two years ago. I got the sense at that time that patience was running out for him. In this environment, I have a hard time seeing how anyone could endorse him again, regardless of his voting record and their past personal relationship. Wilvin Carter is Reynolds’ opponent this time around. Perhaps the voters will render moot any concern about how Rep. Reynolds could perform his legislative duties while in jail.

Farenthold changes course

Sort of.

Rep. Blake Farenthold

U.S. Rep. Blake Farenthold, R-Corpus Christi, will retire from Congress after finishing his current term, a source close to the congressman told The Tribune Thursday morning. Farenthold soon confirmed the decision in an emotional video posted on Facebook.The decision came after a difficult December for the four-term congressman. Farenthold, one of the quieter members of the Texas delegation, found himself embroiled in a charged atmosphere of sexual harassment allegations in Washington, D.C.

The final blow came in the form of a CNN report on Wednesday night highlighting new sexual harassment allegations that included former employees describing the congressman as verbally abusive and sexually demeaning.

“I’d never served in public office before,” Farenthold said of the allegations in his video Thursday. “I had no idea how to run a Congressional office and, as a result, I allowed a workplace culture to take root in my office that was too permissive and decidedly unprofessional. It accommodated destructive gossip, off-hand comments, off-color jokes and behavior that in general was less than professional.

“And I allowed the personal stress of the job to manifest itself in angry outbursts and too often a failure to treat people with the respect that they deserved,” he added. “That was wrong. Clearly, it’s not how I was raised, it’s not who I am and for that situation, I am profoundly sorry.”

While he “expected a tough primary campaign” and “was looking forward to it,” Farenthold said he would retire instead.

“I would be forced to engage in a month-long campaign for personal vindication,” he said. “That’s not why I came to Congress. Quite simply, my constituents deserve better.”

See here and here for some background. There’s a big complicating factor in all this that I will get to in a moment, but first let’s take a closer look at those latest allegations.

A former senior aide to Rep. Blake Farenthold has approached the House Ethics Committee to share a damning account of working for the Texas Republican, with the intent of describing the congressman as verbally abusive and sexually demeaning — and his congressional office as an intensely hostile environment that drove the aide to physical and emotional distress.

Michael Rekola, who was Farenthold’s communications director in 2015, described in an interview with CNN new details of the congressman’s abusive behavior. It ranged from making sexually graphic jokes to berating aides — bullying that Rekola says led him to seek medical treatment and psychological counseling, and at one point, caused him to vomit daily.

One comment from the congressman was especially personal. Rekola was about to leave town to get married in July 2015, when, he said, Farenthold, standing within earshot of other staffers in his Capitol Hill office, said to the groom-to-be: “Better have your fiancée blow you before she walks down the aisle — it will be the last time.” He then proceeded to joke about whether Rekola’s now-wife could wear white on her wedding day — a clear reference, Rekola said, to whether she had had premarital sex.

“I was disgusted and I left. I walked out,” Rekola said. Almost immediately after returning from his wedding, he gave his two-weeks notice.

Boy, he must have been a hell of a boss to work for, don’t you think? And good Lord that “I’d never run a Congressional office before” baloney. Simple human decency is more than enough to prevent most people from saying and doing these things to coworkers and colleagues, and that’s before you factor in the power you had to fire them. What a total jackass.

So what about that complicating factor? Well, you may recall that the filing deadline was Monday. State law allows a 24-hour period after that to reconsider and withdraw. Guess what? It’s too late for Farenthold to do that.

Farenthold’s decision comes two days too late to remove his name from next year’s Republican primary ballot, according to state officials.

Monday was the deadline for candidates to file for a spot on the ballots for the Republican and Democratic primaries. Candidates have until the day after the regular filing deadline – which was Tuesday – to withdraw from their race, according to the Texas Election Code.

The party can also reject a candidate’s application for a place on the primary ballot. But when a party chooses to do this, it happens at the outset rather than after the candidate was already accepted on the ballot.

Since Farenthold missed the Tuesday deadline to withdraw, his name will still remain on the Republican primary ballot on March 6, according to Sam Taylor, a spokesman for the Texas Secretary of State’s office.

“Barring any challenge to the candidate’s application before the mail-in ballots go out in late January, his name will still be on the ballot,” Taylor said.

According to the Texas Election Code, a challenge to a candidate’s application “must state with specificity how the application does not comply with the applicable requirements as to form, content, and procedure.” A challenge to Farenthold’s application would need to be brought into the Secretary of State’s office prior to Jan. 19 — before any mail-in ballots are mailed out to Texas voters.

A successful challenge would need to prove Farenthold’s application did not comply with state law – like providing an incorrect permanent residence or mailing address.

Farenthold’s plans to resign isn’t enough to challenge his application, Taylor said.

As RG Ratcliffe puts it, this is Farenthold’s “final screwup” as an accidental Congressman. He’s still on the March ballot, and that means there’s at least a chance that he could win that election and be the Republican nominee in CD27 next November. Which would leave him and the Republican leadership that put pressure on him to quit the choice of leaving him there and letting him be a campaign issue for the rest of the year, or having him withdraw and concede the seat to the Democratic nominee. Well, as we saw in CD22 in 2006, you could try to run a write-in candidate, and who knows, maybe the district is Republican enough to still win in that fashion. Let’s just say the Republicans would rather not have to find out. Way to go, Blake. Mother Jones has more.

So now that names have been named, now what?

Maybe some hearings? I don’t know.

Texas leaders called for a review of sexual harassment policies at the state Legislature following a Texas Tribune story detailing how current procedures offered little protection for victims and describing a wide range of harassment at the Capitol. The Texas House approved changes to its policy last week. The Senate, where Lt. Gov. Dan Patrick has asked state Sen. Lois Kolkhorst to lead a review of the chamber’s policy, has yet to hold any public hearings on the matter.

“These are serious allegations that have been denied by the senators,” Patrick said in a statement responding to the calls for resignation Thursday, adding that he had asked Kolkhorst to “determine if there are additional steps we should take.”

“I know she has been meeting with senators and staffers over the past several weeks and I expect that she will post a hearing notice soon to be sure that we are doing all we can to make sure every staff member and every elected official is protected from sexual harassment and all other inappropriate behavior,” Patrick said.

Earlier today, state Sen. José Rodríguez, chairman of the chamber’s Democratic caucus, said the behavior alleged in the Daily Beast article is “unacceptable” in any situation, but especially so for an elected official.

“Any person in a position of power who engages in such deplorable conduct should be fired or removed,” he said in a statement before Annie’s List announced their call for resignation.

State Senator Sylvia Garcia, D-Houston, said in a statement that she finds the recent stories in the media “very alarming.”

“It’s a sad state of affairs when people feel their only option is talking to the press,” she said.

Rodríguez and Garcia both called for independent investigations of sexual misconduct at the Capitol. The Texas Tribune previously reported that those in charge of investigating and resolving sexual harassment complaints have little to no authority over lawmakers. Garcia said she is also calling for a hotline to report abuse.

“As this discussion continues at both the national and state levels, I applaud those who have come forward and encourage more women to continue shedding light on the culture of many of our industries and institutions, including the legislature, so we can create a culture shift where these incidents can be fully investigated, and hopefully, prevented,” Rodríguez said.

See here for the background. Since this story was published, Sen. Kolkhorst has agreed to hold a public hearing, on December 14. Details are here. According to Equality Texas, testimony is by invitation only, but the hearing is open. What if anything will come out of this is unclear, but it’s something.

I want to add that since that Daily Beast story was published, two friends of mine have posted on Facebook about their experiences with Sen. Miles. One reported that Miles “grabbed me and kissed me on the mouth”, the other said “I was “hugged” so closely, for so long and so…ummm….thoroughly (??) that I joked with one of my colleagues upon recounting the incident that I might ought to take a pregnancy test”. I’m not naming them because I didn’t ask them if I could name them here, but as I said they’re both friends of mine. I have no doubt that there are plenty of others with similar stories. This isn’t going away, and no number of complaints about anonymous allegations or “powerful enemies” will change the fact that there are real women out there with real stories to tell. What are we going to do about that? You know what I think. We need to know what our leaders think.

Hey, remember that harassment lawsuit against Rep. Blake Farenthold?

I’m just gonna leave this right here.

Rep. Blake Farenthold

Rep. Blake Farenthold used taxpayer money to settle a sexual harassment claim brought by his former spokesman — the only known sitting member of Congress to have used a little-known congressional account to pay an accuser, people familiar with the matter told POLITICO.

Lauren Greene, the Texas Republican’s former communications director, sued her boss in December 2014 over allegations of gender discrimination, sexual harassment and creating a hostile work environment.

Greene said another Farenthold aide told her the lawmaker said he had “sexual fantasies” and “wet dreams” about Greene. She also claimed that Farenthold “regularly drank to excess” and told her in February 2014 that he was “estranged from his wife and had not had sex with her in years.”

When she complained about comments Farenthold and a male staffer made to her, Greene said the congressman improperly fired her. She filed a lawsuit in U.S. District Court in the District of Columbia, but the case was later dropped after both parties reached a private settlement.

No information was ever released on that agreement.

House Administration Committee Chairman Gregg Harper (R-Miss.) told GOP lawmakers in a closed-door Friday morning meeting that only one House office in the past five years had used an Office of Compliance account to settle a sexual harassment complaint. Harper said in that one instance, the settlement totaled $84,000.

[…]

Farenthold is likely to face repercussions from fellow House Republicans for using taxpayer money to settle a harassment claim. Recent reports, including in POLITICO, revealed that $17 million has been paid out quietly to settle workplace disputes.

Harper said Friday that only $360,000 of that total involved a House office.

That, however, won’t stem demands from conservatives that members who have been part of such settlements use their own personal money to reimburse the treasury.

See here, here, and here for some background. Farenthold was cleared by the Office of Congressional Ethics in October of 2015, and the lawsuit was settled the next month. If it weren’t for the current national conversation about harassment and abuse, I’m willing to bet we’d have never heard about the amount of the settlement or the source of the payment. Farenthold has filed for re-election, but after what happened to Smokey Joe Barton, you have to wonder if that could change. ThinkProgress, the Trib, and the Chron have more.

Appeals court upholds Reynolds barratry conviction

Not good.

Rep. Ron Reynolds

A Texas appeals court has upheld the conviction of state Rep. Ron Reynolds, who was found guilty in 2015 of engaging in a scheme to illegally solicit potential clients for his law firm.

The three-judge appellate panel ruled Wednesday that there was sufficient evidence to convict Reynolds and that the trial judge did not violate any rules relating to the introduction of evidence.

[…]

In a phone interview Thursday, Reynolds said he plans to continue appealing his conviction and remain free on a $25,000 bond. He said he couldn’t respond to the appellate judges’ ruling because he hadn’t read their opinion.

“It would be premature of me,” Reynolds said. “Once (my lawyer) gets everything filed and once everything is adjudicated, I feel very confident I’ll be vindicated and cleared on appeal.”

In his appeal, Reynolds argued that he believed Valdez did not initiate contact with the potential clients for legal representation. Reynolds said he thought Valdez referred clients who had initially sought out Valdez for treatment at his medical clinics.

The judges found enough evidence to uphold the conviction, noting that Reynolds paid Valdez in cash, did not document the payments and used code words in text messages to cover potentially nefarious motives, among other tactics.

“The evidence here supports a rational construct that (Reynolds) was aware of Valdez’s scheme and knowingly permitted his conduct,” Eighth Court of Appeals Chief Justice Ann Crawford McClure wrote.

Rep. Reynolds was convicted of misdemeanor barratry in November of 2015, and received the maximum sentence of a year in jail a couple of days later. He has alleged that racial bias was a factor in his prosecution and conviction. His law license is on suspension while his case is being litigated. You know how I feel about this – I wish Rep. Reynolds would step down so he can better take care of his own business. I have no idea what his plan is for dealing with his legal issues at this time, but he’s once again running for election, and once again he has a primary opponent. One way or another, at some point this saga will come to an end.

TCDLA pulls Paxton prosecutors brief

Get your act together, y’all.

Best mugshot ever

A leading organization of criminal defense lawyers on Tuesday withdrew its legal brief in support of prosecutors who are fighting to get paid for work on the criminal case against Texas Attorney General Ken Paxton.

The friend-of-the-court brief, which argued that the payment fight could endanger the system for ensuring that indigent defendants are properly represented at trial, was withdrawn because it did not follow proper procedures by the Texas Criminal Defense Lawyers Association, the organization said.

David Moore, president of the association, said the brief to the Court of Criminal Appeals was pulled because it had not been approved by the group’s executive committee, which unanimously voted Monday to withdraw the document.

That committee will now examine the issue to determine if the brief should be approved or if the matter should be decided by the full board of directors, said Moore, a lawyer in Longview.

“I fear,” said Brian Wice, one of the prosecutors, “there may be other issues in play driving its decision to withdraw its brief other than a purported ‘failure to follow proper procedures and policies.’”

“The larger question is why Mr. Paxton’s defense team does not want the Court of Criminal Appeals to consider” the brief, Wice said, adding that it raised compelling points about the payment fight’s impact on public policy and proper legal representation for indigent defendants.

Dan Cogdell, one of Paxton’s defense lawyers, said he expected further action to be taken against “the parties responsible for its filing.”

“I will not have any further comment on the matter now except to express my grave disappointment in the impropriety of the filing of such a pleading in a case of this magnitude and am gratified that the proper steps to correct the situation have begun,” Cogdell said.

Austin lawyer David Schulman, one of the brief’s authors, said he and others involved believed they had followed the organization’s bylaws, but he declined to discuss specifics.

“This wasn’t any kind of guerrilla action. We thought we were authorized, but we were wrong,” he said.

See here for the background. It’s clear that the arguments made in the TCDLA brief would be good for the defense bar as a whole, but not good for Team Paxton, as they would greatly benefit from having the courts screw the special prosecutors in their case. As Mr. Spock famously said, the needs of the few outweigh the needs of the many. I hope there are enough people with a larger view of things at the TCDLA who can override these objections.

In support of the Paxton prosecutors

Good to see.

Best mugshot ever

In an unusual step, six prosecutors and Texas’ criminal defense attorneys association have joined a continuing legal storm over how much the special prosecutors overseeing the criminal case against Attorney General Ken Paxton should get paid.

Preventing the three special prosecutors in Paxton’s case from getting paid would thwart justice, according to Bexar County District Attorney Nicholas “Nico” LaHood, Travis County District Attorney Margaret Moore, Fort Bend County District Attorney John Healey Jr., Travis County Attorney David Escamilla, former State Prosecuting Attorney Lisa McMinn and Enrico Valdez, a Bexar County assistant district attorney. The group intervened late Friday with the state Court of Criminal Appeals.

[…]

In a separate filing with the appeals court, the Texas Criminal Defense Lawyers Association argues much the same thing, saying that courts have previously ruled that proper compensation for appointed prosecutors is necessary and that the Collin County Commissioner’s Court should honor the payments to the three special prosecutors in the Paxton case.

“We’re gratified that prosecutors and defense attorneys with almost 200 years of collective experience agree how very important this case is, and that we’re entitled to the relief we seek in the Court of Criminal Appeals,” Houston attorney Brian Wice, one of the special prosecutors in the case, said in a statement Sunday.

See here and here for the background. A copy of the prosecutors’ brief is here, and the TCDLA brief is here. Friday was the deadline for all to submit documents in support of or opposition to the Fifth Court’s ruling. The Statesman adds details.

The Texas Criminal Defense Lawyers Association, in a brief filed recently with the Court of Criminal Appeals, argued that unless the ruling is reversed, it will place strict limits on legal fees, “effectively preventing the judiciary from being able to appoint qualified lawyers in difficult cases.”

“All of the gains made and all of the advances and improvements accomplished in indigent defense in Texas over the last 20 years will fall to the wayside,” the association argued. “Texas will return to the days of sleeping lawyers and otherwise unemployed insurance lawyers taking court appointments in criminal cases.”

A second brief by six current or former prosecutors — including Travis County District Attorney Margaret Moore and County Attorney David Escamilla — also urged the appeals court ruling to be overturned, arguing that it undermines the pursuit of justice in cases, like Paxton’s, where outside prosecutors are appointed after a local district attorney steps aside for a conflict of interest or similar reason.

Judges must have the discretion to set higher fees for unusual or difficult cases, they told the court.

“After all, it is often the unusual cases that require the most skilled and qualified attorneys, and these are the very attorneys who are most likely to decline the representation without adequate compensation,” said the prosecutors, who included former State Prosecuting Attorney Lisa McMinn and Fort Bend County District Attorney John Healey Jr., a Republican.

[…]

“Without the ability to pay a reasonable market rate in these rare circumstances, courts are effectively without power to fulfill their constitutional obligation,” the defense lawyers group told the Court of Criminal Appeals.

According to the brief from the Travis County prosecutors and others, the lower-court ruling also undermines the ability of court-appointed prosecutors to do a complicated and taxing job that often includes seeking warrants, handling grand juries, responding to defense motions, interviewing witnesses, reviewing evidence and preparing for trial.

In addition to discouraging qualified lawyers from serving as prosecutors, the prosecutors’ brief complained that the ruling allows politics to invade criminal justice decisions — such as in Collin County, where commissioners have voiced support for Paxton while seeking to limit payments to those prosecuting him.

“It creates a situation where the local county commissioners can effectively stop a criminal prosecution,” the brief said.

I’ve been saying a lot of these things myself, so I’m glad someone with actual legal credentials is making those arguments formally. Galveston Count and the County Judges and Commissioners Association of Texas filed briefs in support of Collin County, since all they really care about is the financial impact. I’ll say again, the state could solve this very easily by picking up the tab in these cases. It’s a small amount of money in that context, and it would avoid all these problems. Someone needs to file a bill to this effect in 2019.

No bribery charges against Paxton

I didn’t expect this to amount to anything, and indeed it hasn’t.

Best mugshot ever

A $100,000 donation to Attorney General Ken Paxton’s legal fund did not constitute bribery, Kaufman County District Attorney Erleigh Wiley said Friday in announcing her office had closed its investigation into the gift, which came from a CEO whose company was under investigation for fraud.

Wiley’s office originally opened its probe on Oct. 5 after Paxton accepted donations from James Webb, whose diagnostics company was investigated after it allegedly billed the government for Medicaid and Medicare services conducted without proper medical supervision. Webb’s company ultimately paid $3.5 million in a settlement.

[…]

Wiley said in a news release Friday that as Webb and Paxton had previously had a “personal relationship” and “attorney/client relationship,” the donation did not constitute bribery.

See here and here for the background. Like I said, my expectations here were low. Jesus loves me, but he doesn’t love me that much, you know? We’re gonna have to get rid of this guy ourselves.

More on the Paxton bribery investigation

It’s good to have rich friends.

Best mugshot ever

Attorney General Ken Paxton says the man who shelled out the most money to help him combat securities fraud charges is a “family friend,” but a review of campaign finance records show his main financier is also a major Republican donor for candidates up and down the ticket.

In a little more than a decade, Preferred Imaging CEO James Webb has given nearly $1 million to Republican candidates, including a $100,000 gift to Paxton to help fund his legal defense fund. The year after he gave his gift, the attorney general’s office agreed to a $3.5 million settlement after investigating his company for Medicare fraud.

Now Webb and his gift are at the center of the latest investigation into Paxton’s personal dealings, sparking a probe by the Kaufman County district attorney, confirmed an investigator at the agency.

Mike Holley, who is handling the case, said the DA will announce in the coming weeks whether the office will bring charges that Paxton violated the state’s bribery and corrupt influence laws by taking money from someone whose company was under investigation.

[…]

Webb, of Frisco, is a former law client of Paxton’s, according to Welch. Paxton participated at Webb’s wedding, he added, but declined to provide further details or pictures.

Webb has been a regular campaign contributor of Paxton’s for years. He gave him his first political donation in 2013 when the Republican from McKinney was running for attorney general, according to campaign finance records. He has contributed heavily to other Republican candidates’ political campaigns since then.

In total, he has given $896,800 to Republican candidates’ political coffers since 2006, according to a review of campaign finance records. Webb ponied up the most – $496,000 – for the 2014 election when voters swept Republican Gov. Greg Abbott, Lt. Gov. Dan Patrick and Paxton into office.

The wealthy CEO has helped fuel all their campaigns, but gave the most to Paxton. Webb contributed $300,000 when Paxton was running for attorney general although he also give tens of thousands of dollars to Dallas area state representatives and hopefuls that election cycle.

[…]

The investigation is focused on whether Paxton violated the state’s bribery and corrupt influence penal code, said Holley, an investigator in the Kaufman County district attorney’s office handling the case. However, the investigation could turn up wrongdoing by other actors, he said.

Kaufman County District Attorney Erleigh Norville Wiley is expected to announce this fall whether the investigation has warranted new charges, she said.

See here for the background. Again, I don’t really expect anything to come out of the Kaufman County investigation, but if something does, that would be amazing. For one thing, it might be difficult to fit this story into the “Paxton haters are out to get me!” narrative he’s been spinning, but I’m sure his attorneys are up to the task. Of course, those attorneys will still have to be paid, and he’ll have one fewer sugar daddies to tap for that. Life is hard, you know? But we’re getting ahead of ourselves. Keep some popcorn handy as we wait to see how this plays out.

Charges against Dukes dropped

She beat the rap.

Rep. Dawnna Dukes

Travis County prosecutors have dropped their criminal charges against state Rep. Dawnna Dukes, D-Austin, saying Monday that a felony case against the state lawmaker should never have been brought.

The announcement ends a months-long legal saga in which Dukes was accused of abusing public office after a grand jury indicted her on 13 felony charges and two misdemeanor charges earlier this year. But prosecutors have, over recent weeks, been forced to admit that their case against the Austin Democrat was based on flawed evidence.

“Representative Dukes was innocent from day one,” said Dane Ball, an attorney for Dukes, in a statement. “We’re glad Representative Dukes can get back to serving her constituents without the distraction of these baseless charges.”

The felony case against Dukes claimed she had unlawfully tampered with a government record by falsifying entries on travel vouchers to obtain money for expenses she was not entitled to. But Travis County prosecutors were forced to put their felony case on hold last month after claiming a key witness in the case — who managed the official paperwork for the Texas House of Representatives — had changed his story.

Then, earlier this month, prosecutors were forced to drop one of the felony charges after acknowledging they had misread a date on Dukes’ cellphone, which formed a key piece of evidence they had gathered against her.

See here for more on that previous update. To say the least, the Travis County DA’s office did not cover itself in glory in this case. Margaret Moore needs to take a hard look at how this happened, and hold some people accountable for it. I’m not a fan of Dawnna Dukes, but she did not deserve to go through this.

Which is not to say that Dukes has been exemplary throughout. She’s a mediocre legislator who misses a lot of votes and as the story notes settled some misdemeanor issues related to misuse of funds by agreeing to pay everything back. She will have a full slate of opponents next year, most of whom once intended to run in a special election after she was supposed to resign her seat in January. I won’t be sorry to see her lose, if she does. Still, I have to figure that the ending of this saga will help in her re-election bid. She was wronged and she prevailed, and that’s an appealing story to tell the voters. RG Ratcliffe has more.

Stockman aide takes a plea

The walls are closing in.

Best newspaper graphic ever

A longtime confidant and aide to former U.S. Rep. Steve Stockman pleaded guilty to Wednesday to fraud charges in a corruption scheme that also targeted the former congressman. The alleged scheme involved diverting hundreds of thousands of dollars — meant as contributions from conservative foundations — to fund political campaigns and cover personal expenses.

Jason T. Posey, a former campaign treasurer for Stockman, pleaded guilty before Chief U.S. District Judge Lee Rosenthal to one count each of wire fraud, mail fraud and money laundering. The government will presumably dismiss nearly a dozen additional charges and seek a reduced sentence if Posey agrees to cooperate with the government at Stockman’s trial.
He faces up to 45 years in federal prison and a fine of more than $4.8 million plus hundred of thousands of dollars in restitution, Rosenthal said. She set sentencing for Mar. 29.

He remains free on bond.

“My guy was a player, but he’s not the only player involved,” said Posey’s lawyer Phil Hilder. He accepted responsibility for his misdeeds and is prepared to cooperate, Hilder said.

[…]

[Stockman defense attorney Sean] Buckley said this week he believes that Posey and Dodd operated outside of Washington, D.C., on various political and non-profit projects that Stockman knew little about. The defense attorney contends his client trusted the pair to use contributions they received for the proper purposes.

“I will say that the evidence will show that Steve Stockman did not defraud any donors. He spent the funds in a way that he thought were in furthered the donors’ intentions. To the extent that (funds were diverted) he was either unaware of it or he misunderstood it,” Buckley said.

Stockman has said told the court he is innocent and a victim of a deep state conspiracy.

Buckley said he expects Posey to provide information against his former boss and mentor. Dodd has already pleaded guilty to two related conspiracy charges and has agreed to cooperate with prosecutors.

Hilder, who represents Posey, said, “I do not know what a ‘deep state conspiracy’ is, but I do know what constitutes a criminal conspiracy.”

“Mr. Posey freely and voluntarily admits being involved in criminal activity that is the subject of the indictment,” he said. “By pleading guilty at this stage of the proceedings, Mr. Posey accepts his responsibility for his misdeeds and seeks to move forward becoming a productive member of society.”

See here for a good overview of this saga. Jason Posey returned to the US from abroad back in May, and I presume has been talking to the feds for some time. Another former Stockman aide, Thomas Dodd, pleaded guilty in March to two related conspiracy charges and has already agreed to testify. The trial, originally set for September, will begin January 29. Get your popcorn ready, this is going to be amazing.

Paxton being investigated for bribery

Sounds sexy, but don’t get too excited just yet.

Best mugshot ever

Attorney General Ken Paxton is being investigated under bribery and corrupt-influence laws for accepting a six-figure gift from a CEO whose company was under investigation by the state for fraud, the district attorney leading the probe confirmed Thursday.

In July 2016, Austin-based medical device company Preferred Imaging LLC agreed to pay a $3.5 million settlement after a multiyear Medicaid and Medicare fraud investigation. The year before, Preferred Imaging CEO James Webb had given $100,000 to help Paxton fight criminal fraud charges the attorney general has been battling since July 2015.

On Thursday, Kaufman County District Attorney Erleigh Wiley confirmed to The Dallas Morning News that she has been investigating whether Paxton broke state laws that put limits on gifts public servants can receive from people “subject to [their] jurisdiction.”

“There is an active investigation looking into that matter,” Wiley told The News. “We are carefully and thoroughly going through every piece of evidence.”

The complaint that led to the investigation was originally made to the Texas Rangers by the attorney of the same whistleblower that launched the probe into Preferred Imaging. Instead of appointing a special prosecutor to investigate, Wiley took it over at the behest of the regional administrative judge.

Wiley, a Republican, added she was close to deciding whether to send the case to a grand jury and said she’s received “great cooperation” from both the Texas Rangers and Paxton’s legal team.

[…]

To help pay for his lawyers, Paxton set up a legal defense fund in 2015. In its first year, he raised $330,000 from friends, family and business associates.

He listed the amounts under the “gifts” section of his annual financial disclosures, and last year, added this note to the end of the form: “All gifts for legal defense were conferred and accepted on account of a personal, professional, or business relationship independent of General Paxton’s official status.”

Webb’s 2015 donation was the largest single gift to Paxton’s legal defense fund. He did not contribute last year.

Texas’ bribery laws prohibit elected officials from taking “any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency.” Excepted are gifts “conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient.”

The Texas Ethics Commission has not signed off on elected officials receiving donations that aren’t campaign-related from out-of-state friends and business associates. In 2016, it punted a request to sign off on such an arrangement made by an anonymous official in Paxton’s agency.

It’s a long story and kid of hard to summarize, so go read it and see what you think. I think this is unlikely to turn into an indictment, but perhaps there’s more to it than it appears. If it does, I’m sure Paxton and his squadron of defense attorneys will find a way to claim it’s another partisan witch hunt, despite Kaufman County being more Republican than Collin. We’ll see how it goes. The Trib and the Chron have more.

Paxton trial delayed again

This will happen some day. I hope.

Best mugshot ever

Attorney General Ken Paxton’s trial has been put off for a third time.

The judge in the securities fraud case against Paxton sided Wednesday with prosecutors who had been pushing for another trial delay because of a long-running dispute over their fees. The decision by Harris County District Court Judge Robert Johnson scrapped Paxton’s current Dec. 11 trial date and left the new one to be determined, possibly at a Nov. 2 conference.

Paxton had been set to go to trial on Dec. 11 on the least serious of three charges he faces. The date for that trial had already been pushed back twice because of pretrial disputes, first over the venue and then the judge.

[…]

In a feisty hourlong hearing Wednesday, the prosecutors and Paxton’s lawyers sparred over a familiar subject: whether they should hold off on a trial until the prosecutors could collect a paycheck — an issue currently tied up in a separate legal battle. Earlier this year, when the case was before a different judge, he denied the prosecutors’ first request to delay the trial until they could get paid.

Johnson had a different take Wednesday, granting the prosecutors’ latest motion for continuance. He asked both sides to come up with a new trial date, preferably in late February or early March. After some back and forth — a Paxton lawyer proposed a new trial date on March 6 — they all agreed to continue the discussion at the Nov. 2 pretrial conference.

The prosecutors had been seeking to put off the trial until the state’s highest criminal court, the Texas Court of Criminal Appeals, could sort out the payment issue. Last week, the Court of Criminal Appeals stepped into the dispute over the prosecutors’ pay, issuing a stay of a lower-court ruling last month that invalidated a six-figure paycheck for them. In its decision, the Court of Criminal Appeals gave all sides 30 days to respond to the prosecutors’ contention that the lower court, the Dallas-based 5th Court of Appeals, overstepped its authority when it voided the payment.

If the Court of Criminal Appeals ultimately rules against the prosecutors — effectively leaving them without pay for the foreseeable future — they will move to withdraw from the case, Wice said.

Paxton’s team had none of it. His lawyers contended the prosecutors were seeking to undermine Paxton’s right to a speedy trial and repeatedly pointed to the prosecutors’ previous failures to get the trial delayed due to the payment issue.

“It’s time,” Paxton lawyer Dan Cogdell said. “It’s time to try the case.”

See here for some background. The first I’d heard of this motion was Tuesday when the Trib and the Chron reported on it. You know where I stand on this, and while I agree with Team Paxton that I’d like to get on with this already, I would note that it is well within their power to ask Paxton’s buddies Jeff Blackard and the Collin County Commissioners Court to drop their vendetta against the prosecutors, since that is the main stumbling block at this time. I really don’t see how anyone can object to them wanting to get paid what they were told they would be paid, nor can I see how anyone would expect them to work for free. The solution is simple if they want it to happen. Until then, we await the November 2 hearing at which everyone argues over a new court date.

CCA stays Paxton prosecutor pay ruling

A bit of sanity at last, though we’re not out of the woods yet.

Best mugshot ever

Texas’ highest criminal court has stepped into the long-running dispute over the prosecutors’ pay in the securities fraud case against Attorney General Ken Paxton, putting on hold a lower-court ruling that voided a six-figure invoice.

In a decision Monday, the Court of Criminal Appeals issued a stay of an Aug. 21 ruling by the Dallas-based 5th Court of Appeals that had invalidated the $205,000 payment, which covered work going back to January 2016. Last week, the prosecutors asked the Court of Criminal Appeals to reverse that ruling, calling it a “clear abuse of discretion.”

In its order Monday, the Court of Criminal Appeals gave all sides 30 days to respond to the prosecutors’ arguments.

[…]

“We’re extremely gratified that, after a thoughtful and careful review of our writ, at least five judges on the Court of Criminal Appeals recognized that we were entitled to a stay of the Fifth Court of Appeals’ order,” prosecutor Brian Wice said in a statement. “We’re cautiously optimistic that the Court will ultimately conclude that the Fifth Court’s unwarranted decision to scuttle the fee schedules of over two-thirds of all Texas counties was a clear abuse of discretion.”

See here, here, and here for the background. This isn’t a ruling in the case, just basically a stay on the 5th Court order pending oral arguments. The CCA could still uphold the lower court’s ruling, which would be bad. But at least there’s now a chance we could affirm the principle that private citizens should not be able to derail prosecutions. The Chron and the DMN have more.

Paxton prosecutors officially petition the CCA over their pay

Last chance.

Best mugshot ever

The special prosecutors in the securities fraud case against Attorney General Ken Paxton are asking the state’s highest criminal court to help them get paid.

On Tuesday, the prosecutors asked the Court of Criminal Appeals to reverse a ruling from a lower court last month that voided a six-figure invoice for work that goes back to January 2016. The prosecutors said the decision by the Dallas-based 5th Court of Appeals was a “clear abuse of discretion.”

The ruling “will have a chilling effect on the ability of trial judges to appoint qualified lawyers — defense attorneys and special prosecutors alike — willing to take on the most complicated and serious cases,” the prosecutors wrote.

The Court of Criminal Appeals must now decide whether it will hear the prosecutors’ case. Prosecutor Brian Wice asked for oral arguments.

It is a high-stakes moment for the trio of Paxton prosecutors, made up of Houston attorneys Nicole DeBorde, Kent Schaffer and Wice. If the Court of Criminal Appeals turns them down, they will likely have to make a decision about whether to continue working for free.

See here, here, and here for the background. You know where I stand on this. It’s a travesty this has even gotten this far. If the CCA doesn’t put an end to this nonsense, it’s a get out of jail free card for Paxton. Winning in court is one thing, winning by forfeit is another altogether. Don’t screw this up, CCA. The DMN has more.