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Redistricting update: It’s all about the emails

Two days into the trial, and there’s more drama.

Plaintiffs challenging Texas’ 2013 redistricting maps Tuesday accused the state of improperly delaying the release of thousands of pages of documents from them, including 113 documents that state lawyers refuse to hand over because they say they are privileged.

The spat may further delay a conclusion to the weeklong trial, which already was frustrating judges because of repetitive questions.

Many of the documents in question pertain to communications of the chairman of the 2013 redistricting committee, Rep. Drew Darby, R-San Angelo, with other people involved in the redistricting, according to a lawyer for the plaintiffs.

The documents, under rules imposed by the three-judge panel, should have been disclosed years ago in the six-year old lawsuit, along with what’s known as a “privilege log,” but the apparent failure was recently discovered by Mark Gaber, one of the lawyers representing what’s known as the Quesada group of plaintiffs, according to court papers filed by Gaber.

After Gaber pressed for the documents last week, state lawyers over the weekend released more than 7,000 pages but stopped short of turning over everything. Gaber filed an emergency motion to compel the state to turn over the 113 pages it says are protected by attorney-client privilege.

“They’ve sort of strung it out throughout the weekend,” said José Garza, a lawyer representing another group of plaintiffs, the Mexican American Legislative Caucus. “We just got another drop this morning. It was documents that had been requested two years ago.”

That was a Tuesday report, now here’s one from Wednesday.

Minorities in Texas are facing uphill battles in getting proper representation in the state as the Legislature continues passing laws that are biased toward them, according to witnesses for civil rights groups challenging the state’s 2013 political boundaries.

Allan Lichtman, a social scientist and history professor at American University, analyzed patterns in the state, including events leading to the 2013 special session that resulted in the latest congressional and state House maps.

Though Republicans have admitted that prior “redistricting decisions were designed to increase the Republican Party’s electoral prospects at the expense of the Democrats,” Lichtman testified that his analysis shows that isn’t true.

“What was done here was to knowingly and intentionally impede the opportunity for African-Americans and Latinos to elect candidates of their choice,” Lichtman testified. “What we see here is intentional discrimination.”

[…]

Lichtman also testified that although Latinos and blacks contributed nearly 90 percent of the state’s explosive growth in recent years, they remain under-represented by nearly four congressional districts. Anglos, whose population decreased, are overrepresented by 5 ½ districts, Licthman said.

The testimony magnified statistics in a graphic Luis Vera , legal counsel for the League of United Latin American Citizens, showed the court: Despite contributing to most of Texas’ explosive growth that resulted in the state gaining four new congressional districts, Latinos today control only 16.7 percent of congressional districts in Texas – the same percentage they held in 1970.

See here for the opening report on the hearings. There may or may not be anything to these emails, but it sure does serve the state’s purposes to run time off the clock. In the Wednesday story, we learn that the judges ordered the state to turn over half of the remaining 113 emails they had refused to hand over before. The plaintiffs are still presenting their case as of yesterday, with the state’s defense to follow. Michael Li continues to live-tweet the proceedings, and the DMN, the Trib, and ThinkProgress have more.

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