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September 21st, 2017:

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.

Don’t wait on Joaquin

We may want him to, but Rep. Joaquin Castro probably isn’t running for Governor.

Rep. Joaquin Castro

Exiting a summit on citizen diplomacy Tuesday at the Texas Capitol, U.S. Rep. Joaquín Castro, D-San Antonio, was trailed by a handful of reporters.
“Something tells me you didn’t come to hear a speech about international affairs,” Castro said.

He was right.

The reporters were there to once again ask whether he would consider running for governor in 2018.

It has become a somewhat tired ritual. But with no hint of any formidable Democratic candidate ready to challenge Gov. Greg Abbott, reporters have little else to work with, and for Castro, as for his twin brother, Julián, the only day more nettlesome than the ones on which they are asked about their future political ambitions, will be the day when reporters stop asking about those ambitions.

[…]

Last week, Democratic Party Chairman Gilberto Hinojosa stirred the ashes of hope that Joaquín Castro might run in 2018 in search of faint embers.

“He’s never ruled it out,” Hinojosa said of Castro.

So, Castro was asked Tuesday, apropos Hinojosa’s comments, “Are you still considering it?”

“No. I have nothing further to add right now,” Castro replied. “My plan is to run for re-election, as I said when we had a press conference here about a month ago.”

That was Aug. 16, when Castro, also in the Capitol where he served 10 years as a state representative, said to much the same gaggle of reporters, “Well, I have a job right now, and my plan is to run for re-election.”

Castro was asked Tuesday if Hinojosa was guilty of peddling false information.

“The chairman is a great friend and has worked really hard building up the Democratic Party over the last few years, and I’m very appreciative of his work,” Castro said.

Have you ruled out a run for governor?

“My plan is to run for re-election,” replied Castro, now chuckling at the inability of reporters to let it go.

See here for the background. One can twist oneself into knots parsing each word and coming up with Reasons why this isn’t a flat denial, but one would be deluding oneself. He’s not running for Governor, for all the reasons why he didn’t run for Senate and more. Maybe there is someone out there with a decent profile who will (*cough* *cough* Pete Gallego *cough* *cough*), but barring anything unforeseen, I’ll take the chance of looking foolish and saying there’s no there there. He’s running for re-election, and that’s that. Sorry, y’all.

Paul Bettencourt advocates doing nothing to rebuild after Harvey

He has nothing constructive to offer, that’s for sure.

Sen. Paul Bettencourt

One of the top Republicans leaders in the Texas Legislature is slamming the city of Houston and other local governments for trying to raise taxes on homeowners in the name of hurricane recovery.

And he’s certain the increase will provoke a response of some sort from the Legislature.

“I don’t understand this mindset,” state Sen. Paul Bettencourt, a Republican from Houston, said. “It’s callous.”

He said homes have been flooded and damaged, and local governments’ first reaction appears to be raise taxes on those same people even though local officials have emergency funds and federal aid is on the way.

“It’s beyond tone deaf,” said Bettencourt, who is the chairman of the Senate’s Republican caucus. “I don’t believe governments should be showing this type of attitude when people are down.”

But Houston Mayor Sylvester Turner’s office said they are left with few other choices. The city already dipped into its emergency funds and while they are getting federal help, they city is still left with 10 percent of the debris removal costs, said Alan Bernstein, communications director for Turner.

“So how’s it going to get done?” Bernstein asked if the city doesn’t get additional revenue to pay for it all.

Happy thoughts and pixie dust, I guess. You will note that Bettencourt does not even mention the possibility of using the Rainy Day Fund to help cover these costs. At this point, I have no idea what someone like Bettencourt thinks that fund is for. It’s clearly not for its intended purpose of economic stabilization during a downtown, and now it’s equally clear that he doesn’t think it’s for the Rick Perry-stated purpose of covering disaster costs. Nor does he offer any other suggestion as to what local governments could do, probably because saying things like “not pay their employees or contractors for the work they will need to do, and not invest in any form of flood mitigation” is probably something even he realizes would be unwise. That leaves doing nothing, and maybe finding a convenient scapegoat for one’s own inaction. The word for that is “craven” – I would accept “cowardly”, too – and it’s a perfect fit for Paul Bettencourt.

Texas blog roundup for the week of September 18

The Texas Progressive Alliance encourages you to keep supporting Harvey and Irma relief efforts as it brings you this week’s roundup.

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