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May 17th, 2017:

Cornyn withdraws from consideration to succeed Comey

It was fun while it lasted.

Big John Cornyn

John Cornyn withdrew from consideration to be the next FBI director on Tuesday, saying the “best way I can serve is continuing to fight for a conservative agenda in the U.S. Senate.”

“Now more than ever the country needs a well-credentialed, independent FBI director,” he said in a statement. “I’ve informed the administration that I’m committed to helping them find such an individual.”

Cornyn was in serious contention to replace ousted FBI director James Comey, setting off a scramble and speculation around the state over who might succeed him in the U.S. Senate.

See here and here for the background. I can’t say this comes as a surprise. In a different time it might have made sense, but given everything that’s going on now, the only winning move is not to play. It would have been nice to have had more time to indulge in wild speculation about who might get appointed and who might run for that seat, but all good things must come to an end. RG Ratcliffe has more.

Appeals court to determine if Paxton gets a new judge

Hold everything.

Best mugshot ever

A state appeals court has intervened in the securities fraud case against Attorney General Ken Paxton, putting it on hold as his lawyers try to get a new judge.

Hours after Paxton’s team requested that the Dallas-based 5th Court of Appeals get involved, the court on Tuesday issued a stay of all proceedings in the case until further notice. The court gave all sides until May 23 to respond to Paxton’s effort to ditch the judge, George Gallagher.

The order by the 5th Court of Appeals means there will no longer be a hearing Thursday in Houston on a prior attempt by Paxton to install a new judge.


In their filing with the 5th Court of Appeals on Tuesday morning, Paxton’s lawyers argued that once Gallagher changed the venue, “he was statutorily prohibited from entering further orders or continuing to preside over the case without the statutorily required written consent of” Paxton and his team.

In a subsequent letter to the appeals court, prosecutor Brian Wice argued the court did not have the jurisdiction to consider Paxton’s request to remove Gallagher. The court has also set a May 23 deadline for Paxton’s lawyers to respond to Wice’s letter.

This is another instance where the news moved faster than I did. Originally, Judge Gallagher scheduled a hearing for Thursday to take up the question of whether he needed to hand the case off to another judge. Then Paxton filed his emergency motion with the 5th Court of Appeals, and then they stepped in. Beneath the fold is all of the blogging I had done on this, which is now mostly of historical value. All I can say at this point is that after all the work Paxton’s team has done to remove Gallagher, it would be hilarious if they get their wish but then don’t get any more favorable handling from whoever succeeds Gallagher. Read on, and the DMN has more.


Try to wrap your mind around what I-45 will look like post-construction

Swamplot is here to help.

HAVING TROUBLE SIFTING through some of the massive freeway jumbles in the latest plans for that major I-45 reroute between Downtown and the Beltway? This new video (making the rounds this month as TxDOT hosts a set of public meetings to chat about the project) may or may not help you out. The 10-minute animation shows off what the project plans look like in multicolored, car-spangled 3D action, dragging viewers slowly along the entire project route from Spur 521up to Beltway 8.

The project plans pull 45 over to the east side of Downtown, to line up alongside US 59 and dive underground behind the George R. Brown convention center. Various flavors of new express lanes, managed lanes, managed express lanes, and connectors weave into and out of a massive new 45-59-10 junction as shown above, all labeled by color.


There’s lot more to parse in the designs — including TxDOT’s estimate that the whole thing will “displace approximately 168 single-family residences, 1,067 multi-family residences, 331 businesses, 4 places of worship, and 2 schools.

There’s a ton of documents and downloadable videos, some of which are embedded at the linked post, at the I-45 project website. About the only thing I’m grateful about my upcoming office move out west is that I won’t have to deal with this horror on a daily basis. Personally, I have a hard time believing that any gains in improved traffic flow will outweigh the costs of executing this massive boondoggle, but maybe that’s just me. Additional views of this colossus from Swamplot are here, and the Chron has more.

Sen. Carlos Uresti indicted on federal fraud charges

Very bad.

Sen. Carlos Uresti

State Sen. Carlos Uresti, accused of misleading a former client who invested in a company in which Uresti has a financial stake, was indicted by a federal grand jury on 11 charges over his involvement in the alleged investment Ponzi scheme — in addition to a separate indictment alleging bribery.

In the first indictment, the federal grand jury charged Uresti, a San Antonio Democrat, with one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering. The indictment also charges Uresti with five substantive counts of wire fraud; two counts of securities fraud; one count of engaging in monetary transactions with property derived from specified unlawful activity; and one count of being an unregistered securities broker.

A separate indictment centered on a contract to provide medical services to a correctional facility in West Texas. That indictment alleges that a colleague of Uresti’s, Vernon C. Farthing III, paid Uresti $10,000 per month as a marketing consultant and that half of the money was given to a Reeves County official to win over his vote to award the contract to Farthing’s company — the culmination of a 10-year scheme involving bribery and money laundering.


A lengthy investigation published by the Express-News in August first detailed Uresti’s involvement in the company and fraud allegations it faces.

Three months later, Uresti coasted to re-election, winning his San Antonio seat with 56 percent of the vote against Republican and Libertarian challengers. Uresti is among the Legislature’s most powerful Democrats. He is vice chair of the Health and Human Services committee and sits on three other high-profile committees: Finance, Education and Veteran Affairs & Border Security.

In February, the FBI and IRS raided Uresti’s law office. In a statement at the time, the senator said he was cooperating with federal agents as they were “reviewing our documents as part of their broad investigation of the FourWinds matter.”

FourWinds’ purported intent was to buy sand and sell it at a markup to oil and gas companies, but some investors have accused the company’s leadership of misrepresenting its financial health and spending their money on frivolous, personal expenses. It now faces millions of dollars in claims from investors and other companies.

Denise Cantu, whom Uresti represented in a wrongful-death case, said she lost most of the $900,000 she invested in the now-bankrupt company in 2014 at the suggestion of Uresti, according to the Express-News. She has said she was not initially aware that Uresti would get a piece of her investment, though Uresti has suggested otherwise.

With allegations of serious financial mismanagement detailed in bankruptcy court, the FBI last year opened an investigation into FourWinds, the Express-News reported. In August, Uresti told the paper that he was a “witness” in that investigation but not its target.

See here for some background, and read the rest fore more. As with Ken Paxton, I will not call for Sen. Uresti to resign at this time, as they are both still innocent in the eyes of the law. Unlike Paxton, Uresti is not on the ballot again until 2020, so he (in theory, at least) has the time to dispose of this before he has to face the voters again. That’s assuming he gets acquitted or the charges get dropped. As with other legislators who face legal troubles, I’d encourage Sen. Uresti to prioritize getting his personal affairs in order by stepping down from his office, after the session is over. Whether he does or he doesn’t, there are several State Reps in Bexar County who I think would do a fine job in that office. I wish him luck, but I also wish he’ll listen to what I’m saying. The Current has more.