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March 2nd, 2019:

What about Joaquin

If Beto O’Rourke is indeed not running for Senate, Rep. Joaquin Castro may step up to do it.

Rep. Joaquin Castro

Democratic presidential candidate Julián Castro told the Associated Press on Thursday that his twin brother, U.S. Rep. Joaquin Castro, D-San Antonio, is considering challenging U.S. Sen. John Cornyn, R-Texas, for the U.S. Senate in 2020.

“He’s considering that, but he really has not made a decision about whether he’s going to do that,” Castro said while on the presidential campaign trail in Las Vegas.

“I think he’d beat him. My brother would win,” Castro said. “There are a lot of Texans that clearly have problems with the way that (Cornyn) has represented the state. Most recently, refusing to stand up to Trump even though a lot of land is going to get taken, a lot of Texas landowners’ property is going to get taken if there’s a wall.”

Matthew Jones, a campaign advisor to Joaquin Castro, confirmed Friday morning that, “Congressman Castro will seriously consider running for Senate in 2020.”

“Right now, he’s focused on protecting Texans—and all Americans — from the most consequential challenge to our constitutional separation of powers that we have seen in a generation,” Jones said. “He will not stand by while the president attempts to unilaterally strip Texans of their land to build a wall in a manner that most Americans, especially Texans, disagree with.”

A Joaquin Castro Senate candidacy would be an answered prayer for Texas Democrats amid the expectation that former U.S. Rep. Beto O’Rourke of El Paso, who narrowly lost a Senate challenge to U.S. Sen. Ted Cruz in November, has decided to pass on challenging Cornyn and may soon join Julián Castro as a candidate for the Democratic nomination for president.

[…]

Julián Castro’s dropping his brother’s name into the race also comes the same week that Joaquin’s promising congressional career — one reason he chose not to run for Senate in 2016 — truly delivered on its promise, with Castro leading the successful effort by House Democrats to pass a resolution he drafted to block President Trump’s emergency declaration, which Trump issued to secure border wall funds that Congress has denied him.

“This is the most consequential vote we will take in a generation on the balance of powers between the legislative and executive branches of government,” Castro said before the House voted Tuesday 245 to 182 in favor of the resolution. The resolution still has to pass the Senate, which is possible, and survive a certain presidential veto, which is almost certainly beyond reach. But it has already succeeded as an effective political response to the president.

The Castro twins have pursued parallel political careers, but Julián Castro, born a minute earlier, has been first among equals, serving as mayor of San Antonio and as a member of President Barack Obama’s Cabinet as secretary of Housing and Urban Development. He delivered the keynote address at the 2012 Democratic National Convention, was considered for vice president by Hillary Clinton in 2016, has written a memoir, and is now running for president while his twin brother remains in Congress.

But in the less than two months since Julián Castro launched his bid for president, it is Joaquin who has had the higher political profile, punctuated by this week’s moment of triumph. He was elected chairman of the Congressional Hispanic Caucus in the new Congress, and was elected vice chair of the House Foreign Affairs Committee, as well as serving on the Education and Labor and House Intelligence committees On Homeland Security. He has been integrally involved in the investigation into Russian meddling in the 2016 presidential campaign and any potential Russian collusion by Trump and his campaign, and a frequent cable news presence.

As of this writing we still don’t have direct-from-Beto’s-mouth confirmation of his plans for 2020, but this seems like a decent sign that Beto is truly not a candidate for Senate next year. Which is a shame, in my opinion, but it’s his choice to make. As for Joaquin, he’s always been high on my list, but I remain skeptical that he will give up a very good gig in the Democratic-majority House for at best a coin flip for Senate. Obviously, I could be wrong about that – I’m not Joaquin Castro (spoiler alert), I don’t know what his risk profile and ambition levels are. If he does run, I think that’s a good sign that he thinks he can win, though how much of that is irrational exuberance and how much is a cold, hard assessment of the political landscape and strategic options is anyone’s guess. For certain, the fact that it even makes sense for him to publicly think about it is a clear indicator that Texas is being viewed as an opportunity for Dems next year. He may not rake in $80 million, but Joaquin Castro will have no trouble raising money if he hops in.

There are other potential candidates out there – MJ Hegar, Kim Olson, Wendy Davis, probably more though those are the most prominent ones to make noise about it. There’s a good case to be made that Dems should want a female candidate to oppose Cornyn. I feel confident saying that Beto and Joaquin are the first two in line, and if either of them says they’re in they will almost certainly have the nomination with at most token opposition. But one of them has to say they’re in first. The Trib has more.

Seriously, what is happening at HCDE?

I’m just flabbergasted.

Six trustees of the Harris County Department of Education’s board have voted to accept an investigation alleging fellow Trustee Michael Wolfe sexually harassed a female job candidate and spread rumors about her sex life after she twice refused to go on a date with him.

The report, compiled by Dallas-based labor lawyer Harry Jones at the behest of HCDE Superintendent James Colbert Jr., also says Wolfe and Trustee Eric Dick skewed the interview process for a board secretary in 2018 to favor friends and people who were “friendly” to their political ideologies.

Trustees, who accepted the report Wednesday, will vote on whether to censure Wolfe at a special meeting that has yet to be scheduled. Jared Woodfill, an attorney representing Wolfe, said his client may sue if the board votes to censure. He said Wolfe denies any wrongdoing.

“It’s a politically manufactured hit job by a person upset with the way Mr. Wolfe voted,” Woodfill said.

See here and here for the background. The story quotes extensively from the report, which is a fascinating read and only 13 pages long, so by all means go through it. I’m just going to pick out a couple of bits:

Mr. Dick heard from a woman I will call “Jane Doe” about Mr. Wolfe asking her out during a job application process, being affected in his decisions based on whether she would go out with him, and being vindictive when she declined to go out with him, even including trying to prevent her working elsewhere.

As I learned from my conversations with Mr. Dick, and looking at his marketing materials, while Mr. Dick is pleasant and chatty, he is prone to irony and drama.

[…]

Mr. Wolfe (who met me at his lawyer’s office, voluntarily) freely admitted:
“We wanted to bring people in who were more friendly – politically and otherwise – to our philosophy; people we could trust. We all had people we wanted to apply for the position. I had two, Eric had two, Louis had one, one was an existing employee, a black lady in her 50s or 60s, and one was from the outside who just had a resume that looked good. She was the no-show.”

Mr. Evans denied having a “personal pick,” but Mr. Wolfe said Mr. Evans’ invitee was a “blonde, young woman from HEB,” who made the top three. Mr. Wolfe said he met the eventual hire, Ms. Smith, a year earlier at the Harris County Republican Primary office.

My impression was that Mr. Wolfe did not even know that what he had just told me was a boon to any decent plaintiff’s attorney who might want to accuse HCDE of deviating from their objective criteria to disfavor and discriminate, and that he was oblivious to the law.

Mr. Evans essentially confirmed my impression:
“Mike is a bit less formal than he should be. I did have to tell him not to ask certain questions. Illegal questions. I don’t think he’s ever held a management position.”

Mr. Flynn flat out told me:
“Michael is a child. He doesn’t even know what he is saying. He may be autistic.”

In any event, the verbally undisciplined Mr. Wolfe sat on the interview committee.

I haven’t even included some of the best parts, so yeah, you need to read this. You may also like reporter Shelby Webb’s Twitter thread about the meeting where this all came out. I don’t know what happens next, but I do know four things: 1) Michael Wolfe is even skeezier and sleazier than I had imagined; 2) Eric Dick may have forced me to say some complimentary things about him in the wake of the recent shenanigans, but he’s still Eric Dick; 3) Jared Woodfill has to make a buck somehow now that he can’t leech off of Republican judges; and 4) assuming that the Lege doesn’t kill off the HCDE, we will have another chance to boot Michael Wolfe off of the Board in 2020, along with Don Sumners. Hold onto that while we wallow in the current chaos.

Schlitterbahn indictments dismissed

Some good news for the company, following the worst thing that ever happened at a Schlitterbahn water park.

A Wyandotte County judge on Friday said that the Kansas Attorney General ‘irreparably tainted’ a grand jury with prejudicial evidence to obtain indictments against several Schlitterbahn employees and associates involved in the design, construction and operation of a water slide that killed a 10-year-old boy in 2016.

Judge Robert Burns dismissed indictments against three individuals and two corporate affiliates of Schlitterbahn, the company that built the 17-story Verruckt water slide in Kansas City, Kan., in 2014. It drew large crowds until Caleb Schwab, son of Kansas Secretary of State Scott Schwab, was killed by decapitation on the ride. The water slide, once billed as the world’s tallest, was torn down last year.

Burns sided with defense attorneys who argued that lawyers in Kansas Attorney General Derek Schmidt’s office showed a Wyandotte County grand jury evidence that would not have been admissible in trial — clips of reality television, misleading expert testimony and references to an unrelated death from years ago — that improperly influenced the grand jury in handing down criminal charges.

Taken all together, Burns found the grand jury had been abused to obtain indictments, which contained charges as serious as second-degree murder for two of the defendants.

“The court has grave doubts as to whether the irregularities and improprieties improperly influenced the grand jury and ultimately bolstered its decision to indict these defendants,” Burns said. “Quite simply, these defendants were not afforded the due process protections and fundamental fairness Kansas law requires.”

For now, Schlitterbahn co-owner Jeff Henry, Verruckt designer John Schooley and former Schlitterbahn operations manager Tyler Miles face no criminal charges in Caleb’s death. The Kansas Attorney General can seek criminal charges again, either through another grand jury, through a preliminary hearing or seek an appeal of Burns’ decision. Or they could just walk away from the case.

See here for the background, and here for a deeper dive. I still have very mixed feelings about all this, and if you keep reading the story you’ll see that the reasons for the dismissal were more technical and procedural than substantive. I don’t feel like the Schlitterbahn folks were exonerated in any way, just that maybe the Kansas AG didn’t do a good job. (To be fair, the story notes that a lot of people thought the indictments were problematic in the first place.) The Schlitterbahn settled a civil case related to Caleb Schwab’s death for $20 million, so it’s not like there were no consequences. I’m just still not ready to forgive and move on. Texas Monthly has more.