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There will never be a hurricane named Harvey again

Or Irma or Maria or Nate.

Harvey, Irma, Maria and Nate were so destructive and deadly during the 2017 Atlantic hurricane season that the World Meteorological Organization’s Hurricane Committee decided this week to retire those names from future Atlantic Basin tropical cyclone name lists.

Just as no New York Yankee will ever again wear number 3 (Babe Ruth), nor will a Green Bay Packer ever claim 15 (Bart Starr), no future Atlantic hurricane will ever be named Harvey, Irma, Maria or Nate.

Unlike an athlete’s number, however, there is no celebration when an Atlantic name is retired from future use.

Contrary to popular opinion, a committee of the World Meteorological Organization – not the U.S. National Hurricane Center – is responsible for the tropical cyclone name lists.

Atlantic hurricane and tropical storm name lists repeat every six years, unless one is so destructive and/or deadly that the committee votes to retire that name from future lists. This avoids the use of, say, Katrina, Sandy or Maria to describe a future weak, open-ocean tropical storm.

The names Harold, Idalia, Margot and Nigel will replace Harvey, Irma, Maria and Nate when the list is reused again in the year 2023.

I think I knew that hurricane names get retired – five names were discontinued after 2005, the year of Katrina, which is the record for one year – but I hadn’t thought about it till I saw this story. It makes sense, for the reason given. Let’s hope that this year no storms give the WMO a reason to take this action.

Harvey-affected schools may get a break on the STAAR test

Good.

Texas school districts hit hard by Hurricane Harvey may not have to worry as much about how well their students fare in this year’s standardized tests, Texas Education Agency Commissioner Mike Morath announced Wednesday at a meeting of the State Board of Education.

Morath said at the meeting that he understood the impact of the storm on schools and students, possibly signaling that he would consider not applying this year’s scores on the State of Texas Assessments of Academic Readiness, or STAAR, to the agency’s assessment of Harvey-affected school districts.

Students across the state began taking STAAR exams this week.

Agency spokesperson DeEtta Culbertson said agency officials will “look at the STAAR scores, and [Morath] will make determinations on districts or campuses based on some kind of Harvey-related waiver.” Based on that determination, STAAR scores may not be included in Harvey-impacted schools’ ratings, Culbertson said.

“I’m anticipating that a relatively large number of campuses, from Corpus to the Louisiana border, would be eligible for that,” Morath told the State Board of Education on Wednesday. He cited the devastating effects on schools of student and staff displacement, as well as school facility closures and disruptions, as reasons behind the decision.

This has always been the sensible thing to do. It may be that scores are not affected, and it may be that there’s a big difference. Whatever the case, there is nothing to be gained from penalizing the districts that were affected by Harvey. This was a traumatic event, and many people are still hurting. Don’t make a bad situation worse. Kudos to Mike Morath for keeping that in mind.

Just don’t call it “Mexican-American studies”

The SBOE does its thing.

Marisa Perez-Diaz

Texas advocates for Mexican-American studies classes won a bitter victory Wednesday, gaining approval to move forward with the class they wanted but losing the course title.

The State Board of Education had been debating more than four years over how and whether to offer teachers materials and guidance to teach Mexican-American studies. In a preliminary vote, the board voted nearly unanimously to create curriculum standards for the elective class. But now it will be called “Ethnic Studies: An Overview of Americans of Mexican Descent.”

A final vote on the issue [was] scheduled for Friday.

The class will be based on an innovative course Houston ISD got state approval to offer in 2015. Texas Education Agency staff will make any needed changes to that set of curriculum standards and then bring it back for the first of two public hearings and votes in June.

Lawrence Allen Jr., a Houston Democrat, was the only member to vote against the newly named course, expressing support for Mexican-American studies but criticizing the new title.

Starting a fierce debate with Democrats on the board, Beaumont Republican David Bradley proposed the new name for the course. When asked why he didn’t want to keep “Mexican-American studies,” he said, “I don’t subscribe to hyphenated Americanism. … I find hyphenated Americanism to be divisive.”

“As someone who identifies as Mexican-American, your experience is unlike my experience,” San Antonio Democrat Marisa Perez-Diaz retorted. “I’m asking you to be inclusive.”

See here for more about the HISD course that was the model for this, and here for more about David Bradley, who has done this kind of crap before. The final approval was given Friday, but not without further controversy.

Tension continued to mount Friday even after State Board of Education members gave final approval to going forward with a new Mexican-American studies high school elective but refused to keep the class’ original name.

“Discrimination.” “Cloaking bigotry.” “Bull.” Those are words Marisa Perez-Diaz of the Texas Board of Education used in a statement to describe the board’s decision to rename a long-sought-after “Mexican-American Studies” elective course “Ethnic Studies,” a decision that has touched off a new wave racial tension.

While members of the board voted unanimously to create a high school elective that delves into Mexican-American studies Friday, nine Republicans on the board insisted on renaming the course “Ethnic Studies: An Overview of Americans of Mexican Descent” after David Bradley, a member from Beaumont, said he rejects “hyphenated Americanism.”

“Today was not a victory, but a slap in the face,” said Perez-Diaz, a Democrat from Converse who is Mexican-American, said in a statement Friday. “The time has finally come to call this what it is … DISCRIMINATION!”

In a long press release she posted on Facebook, Perez-Diaz said the board’s vote told her and the state’s Mexican-American students to identify themselves as “Americans of Mexican Descent.”

“The time for cloaking bigotry and/or fear of diversity under the guise of ‘patriotism’ and ‘Americanism’ is over,” she said. “My experience is as American as apple pie, because guess what, my ancestors were on this land well before it was conquered and named America.”

You can read her full statement here. Among other things, she notes that the courses African American Studies, Native American Studies, Latin American Studies, and Asian Pacific Islander American Studies were all approved. Just not “Mexican American studies”. You do the math. TFN has more.

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.

On Latino primary participation

Time for some numbers.

The predictions about Harris County Latinos becoming more engaged in the recent mid-term primary were right: The number of Latino voters who cast their ballot more than doubled compared to the previous primary of the same kind, in 2014, with an overwhelming majority voting in the Democratic election. Experts attribute the increase to factors such as the national political climate polarized by the immigration discussion and a high number of Latino candidates, among others.

According to the office of Harris County Clerk Stan Stanart, 36,184 Spanish-surnamed voters voted in the 2018 primary election compared to 13,721 in 2014.

The increase in turnout –which is the percentage of eligible voters who cast a ballot in a particular election– also doubled: 491,912 Spanish-surnamed voters were registered in the county as of February, which means the turnout was close to 7.4 percent, compared to the 370,293 Spanish-surnamed voters who were registered in the county in 2014, which means the turnout that year was 3.7 percent.

The break down by party was also significant.

In 2014, 53 percent of Latino voters participated in the Republican primary and 47 percent voted in the Democratic election, while this year 70 percent of that segment of the electorate took part in the Democratic primary and 30 percent voted in the GOP election.

Let’s break this down a little more, since this jumble of totals and percentages and whatnot muddles what it is we’re actually comparing.


Year  LatinoR  LatinoD    All R    All D  LatinoR%  LatinoD%
============================================================
2014    7,272    6,449  139,703   53,788     5.21%    11.90%
2018   10,855   25,329  156,387  167,982     6.94%    15.08%

“LatinoR” and “LatinoD” represents the number of voters with Latino surnames who voted in the respective primaries for the given year, with those numbers derived from the percentages given. The percentages are the share of Latino voters in that primary.


         Growth
===============
LatinoR   49.3%
NonLatR    9.9%
All R     11.9%

LatinoD  292.8%
NonLatD  200.7%
All D    211.2%

“Growth” is the percentage increase of the group in question for the R or D primary from 2014 to 2018. The number of Latino Republicans increased by 49.3% from 2014 to 2018, the number of all other Republicans increased by 9.9%, and so on.

I’m presenting this all just for the sake of clarity. I don’t care to draw any conclusions because I don’t think we have enough data. Especially on the Democratic side, there was so much growth from 2014 to 2018 that it’s basically a waste of time to look at subgroups, because there’s growth everywhere. (OK, “waste of time” is an overstatement. If Latino participation had grown at a smaller rate than non-Latino participation, that would have been genuinely interesting.) A big part of the reason for this is that the turnout in the 2014 primary was so low. We won’t know for years if this is a new baseline or just a blip. As I’ve said before, I wouldn’t make any guesses about November based on what happened in March. There’s value in knowing the numbers. Beyond that, be very careful about making broad statements.

Stockman convicted

Turn out the lights, the party’s over.

Best newspaper graphic ever

Former U.S. Congressman Steve Stockman — a political maverick once viewed as a champion of right-wing causes — was taken into federal custody Thursday after a jury convicted him of masterminding a wide-ranging fraud scheme that diverted $1.25 million in charitable donations from wealthy conservative philanthropists to cover personal expenses and campaign debts.

After deliberating more than 15 hours over three days, the jury found Stockman guilty on 23 counts of mail and wire fraud, conspiracy, making false statements to the Federal Elections Commission and money laundering. The jury found him not guilty on one count of wire fraud.

Stockman, 61, of Clear Lake, who served two non-consecutive terms as a Republican congressman in separate southeast Texas districts, showed no reaction to the jury’s verdict. His wife, Patti, watched from the courtroom gallery, as did U.S. Attorney Ryan Patrick.

Chief U.S. District Judge Lee H. Rosenthal ruled that Stockman was a flight risk and she ordered him taken into custody by U.S. marshals. Stockman faces a maximum of 20 years in prison on each of the fraud charges alone. Sentencing is set for Aug. 17.

I feel like my whole life has been leading up to this moment. I may have some coherent thoughts about this in a day or so, but until then let me go a little medieval Latin on you:

O Fortuna
velut luna
statu variabilis,
semper crescis
aut decrescis;
vita detestabilis
nunc obdurat
et tunc curat
ludo mentis aciem,
egestatem,
potestatem
dissolvit ut glaciem.

That’s all I’ve got for now. The Trib and RG Ratcliffe, who recalls some of Stockman’s greatest hits, have more.

A clean separation

Well done.

Richard Carranza

Former Houston ISD superintendent Richard Carranza’s resignation from the district involved no financial settlements, and the two sides agreed not to sue each other following the separation, according to documents obtained by the Houston Chronicle.

A written agreement between Carranza and HISD board members shows a clean break after Carranza announced in early March that he planned to become chancellor of New York City public schools. Carranza officially resigned on March 31 and started his job in New York City on April 2. HISD board members have appointed Grenita Lathan, who previously served as the district’s chief academic officer, to serve indefinitely as interim superintendent.

Carranza’s three-year contract ran through August 2019, leading to questions about whether he would face any repercussions for resigning midway through that term. His contract didn’t include any penalties for resigning before August 2019, and it did stipulate both sides could mutually agree to end the agreement.

Carranza was paid his regular salary of $345,000 and benefits through March 31. He was allowed to take accrued but unused personal days through the last week of his employment.

[…]

Trustees have given no timetable for hiring a permanent superintendent. District officials on Wednesday named an interim chief academic officer, Noelia Longoria, to fill Lathan’s position. Longoria previously served as assistant superintendent of HISD’s Office of School Choice.

No drama is fine by me, and the terms are boringly normal. May it be this easy finding the right candidate to replace Carranza.

On a side note, the Chron editorial board calls for a change in how HISD trustees are elected.

One significant change that Houston ISD should consider is changing the way it elects school board members. Currently, the nine trustees are elected from single-member districts, rather than by voters from throughout the school district.

Texas law allows a couple of alternatives. One would be a board made up of a mix of single-member and at-large trustees. This is similar to how Houston’s City Council is elected. Sixty smaller school districts across Texas use this governance system, according to the Texas Association of School Boards.

Another alternative would be to switch to cumulative voting, where voters across the school district would be allowed to cast as many votes as there are candidates. This option has been available to Texas school districts since 1995 and is used by a number of smaller school districts for at-large trustee elections.

Changing the governance model could help address one of the biggest challenges facing the school board: Members are concerned about struggling campuses in their own electoral district, but not necessarily in the districts of other trustees.

Single-member districts have played a major role in assuring more diversity on school boards. They help ensure that multiple voices are heard in the development of education policy. But they also can result in a balkanized school district, with trustees focused on their individual parts rather than the whole.

The Chron notes that this “balkanization” was one of the reasons Rep. Harold Dutton pushed through HB 1842, the bill that now has HISD under the gun for the chronically low-performing schools. I’m kind of meh on this idea. I suppose a hybrid district/at large model would be all right, though I’d like someone to try to persuade me that At Large Council members are better at looking out for the interests of the entire city than the district members are (and I say that as someone who supports having At Large council members). I’m not convinced we need to change to do a better job of achieving our goals, but I’ll listen if you want to make a pitch. Campos has more.

Federal court ruling says LGBT workers in Texas are protected from discrimination

This is a big deal.

For the first time in Texas, a federal judge said LGBT workers should be protected from employment discrimination based on their gender identity and sexual orientation.

Judge Lee Rosenthal, the chief judge in the Houston-based Southern District Court of Texas, said in a decision last week that federal employment law protecting workers from discrimination based on sex also applies to sexual orientation and gender identity.

Nicole Wittmer, an engineer who alleged she wasn’t hired by energy company Phillips 66 because she’s transgender, couldn’t prove her claim, Rosenthal ruled. But if she had proof, the judge added, Wittmer would have had cause to sue under federal law.

Rosenthal’s ruling doesn’t mean it’s suddenly illegal in Texas to discriminate against LGBT workers. But it may be cited in the future by others who believe their sexual orientation or gender identity was a factor in workplace decisions, Wittmer’s lawyer told The Dallas Morning News.

“We’re certainly disappointed that this particular ruling did not fall in her favor,” Alfonso Kennard Jr. said Monday. “The silver lining here is it has helped to define the landscape for people who have been discriminated in the workplace due to their transgender status.”

“This ruling is earth-shattering — in a good way.”

[…]

Harper Jean Tobin, policy director at the National Center for Transgender Equality, characterized her decision as part of a growing consensus that Title VII covers trans workers as well.

“This ruling, along with dozens of others, shows that discrimination against transgender workers is illegal under federal law,” Tobin said in a prepared statement. “This is the overwhelming approach of the courts across the country over the last decade.”

Dale Carpenter, a constitutional law and LGBT rights expert at Southern Methodist University, said the ruling was the first of its kind in Texas.

It goes beyond a 2008 case in which another federal judge in Texas said gender nonconforming persons could not be discriminated against in the workplace, he said, because this one also recognizes transgender status as a protected trait.

Here is a copy of the ruling, which is embedded in the story. Other federal court judges have made similar rulings, but none have been in the Fifth Circuit, so those rulings did not apply to Texas. My non-lawyer’s take on this is that while it has laid down a principle, we won’t know how that applies in specific cases until someone files a lawsuit based on this principle. I suspect it won’t be very long before that happens, so let’s keep an eye on this.

Orlando Sanchez is not happy with the dominatrix investigation

This case is going to challenge headline and blog post title writers for the foreseeable future.

Orlando Sanchez

Two elected Harris County officials squared off Tuesday over a bizarre case in which a top treasury official was charged in a $35,000 check kiting fraud to meet the financial demands of a dominatrix.

Harris County Treasurer Orlando Sanchez was critical of how District Attorney Kim Ogg handled the criminal case against a top administrator in the county’s treasurer’s office, after he was arrested last week for an alleged check fraud scheme and claimed he was being blackmailed by a financial dominatrix.

“What’s disturbing to me is that the district attorney knew about the investigation six months ago,” Sanchez said Tuesday. “Neither the sheriff or the district attorney gave me a phone call—as a heads up without going into the specifics of the investigation—that there was somebody in my office being looked at.”

[…]

On Tuesday, Ogg defended the way her office handled the six-month investigation and when they alerted Sanchez.

“Because it was an ongoing investigation, we did a lot of work before any witnesses were talked to,” said said. “And that kind of investigation is never made public otherwise it is impossible to know who might be involved.”

The county’s top prosecutor said she phoned Sanchez minutes after confirming that her office was filing charges against Lueb.

See here for the background. I just want to say that “Financial Dominatrix” is going to be the name of my Liz Phair tribute band. Also, remember how I said that the last thing Sanchez would want would be for this to be a multi-day story? You’re doing it wrong, dude. Not that I don’t appreciate it, mind you.

On the matter of Sanchez’s complaint, the first thing I’d say is what if any policies are there regarding how criminal investigations into county employees like Gregory Lueb are handled? In other words, did Ogg’s office do more or less what previous DAs have done in this sort of circumstance, or was there a substantial difference?

Putting that aside for a moment, I can think of at least three reasons why Ogg might have kept this under her hat until her team was ready to file a case:

1. Not to put too fine a point on it, but they needed to be sure that Sanchez himself was not in any way involved.

2. Once they have cleared Sanchez, if he knows that one of his employees is being investigated, that may cause him to act differently around them and thus possibly tip off the target of the investigation. There’s a reason this sort of information is generally kept quiet.

3. Even if you can completely trust Sanchez’s poker face, knowing that one or more of his employees is being investigated may change his perception of them, and this may persist even if the investigation winds up being dropped. He – and this is true of anyone, not just Orlando Sanchez – may have a lingering suspicion or sense of doubt, regardless of whether there was a reason for it.

So, unless Ogg violated previously accepted protocols, I see no cause for Sanchez to be upset. He was told when he needed to know, and that seems like the way to go. KUHF has more.

Texas’ maternal mortality rate not as bad as previously reported

Good news, if a bit puzzling.

Several of the state’s top health experts released a report in the medical journal Obstetrics & Gynecology on Monday showing that by using the new method, the number of women who died dropped from 147 to 56.

The study uses an enhanced method of counting maternal deaths that involves cross-referencing birth certificates, death certificates, hospital discharge data and medical records to confirm that a woman who died was pregnant before she died. The state’s current method of calculating maternal deaths includes using specific medical codes and requiring officials to check a box on death certificates indicating whether a woman was pregnant before she died.

The study said the state’s 2012 maternal death numbers inflated the number of women 35 and older who were classified as a maternal death and included reporting errors in which women who had not been pregnant were reported as maternal deaths. The researchers said they also found 2012 deaths that were not included in the state’s original maternal death numbers.

The authors noted that other states have used the same methodology to calculate maternal deaths. They said they chose 2012 for the new analysis because it was the year when maternal deaths peaked in Texas.

The study’s authors said they plan to use the new method to confirm maternal deaths and calculate maternal mortality rates for additional years.

See here for the background. The story notes that even with the revision, which the authors of the new study attribute to “data error” in the initial report, the mortality rate for black women was still double what it was for white women. There are still other serious concerns as well, as expressed by Lisa Falkenberg:

“I would hate to see us lose the momentum that we’ve gained,” said Dr. Lisa Hollier, an obstetrician and gynecologist at Texas Children’s Hospital.

“We still have women dying of preventable causes,” she said. “We still have a two-fold, a doubling, in the risk of death for African-American women. Those things need to change. I don’t think we should accept where we are.”

Hollier, who co-authored this week’s report and also chairs the Texas Maternal Mortality and Morbidity Task Force, points out that deaths aren’t the only measure of the problem. For every maternal death, Hollier says there are 50 women who experience severe complications that can lead to hysterectomies, breathing problems requiring ventilator support and kidney failure, to name a few.

“If there are 50 women who die in a particular year, there are 2,500 women who had severe complications,” Hollier said. “There are so many more women who are affected than just that tiny tip of the iceberg which is mortality.”

All this happens in a state where as Falkenberg reminds us our Republican leadership has refused to expand Medicaid – something like half of all births in Texas are paid for by Medicaid – and have cut back on access to healthcare for women by gutting Planned Parenthood. The definition of “pro-life” in this state is so narrow you could slide it under a lobbyists’ door. So go ahead and be happy that things aren’t as bad as we feared, but don’t be satisfied with it.

UPDATE: Sophie Novack in the Observer makes a lot of really good points about this revised study. Go read what she says.

Texas blog roundup for the week of April 9

The Texas Progressive Alliance is neither the subject nor the target of an investigation, but it is bringing you this week’s roundup.

(more…)

Interview with Martha Castex-Tatum

Martha Castex Tatum

We continue on with interviews in the District K special election, to succeed the late Council Member Larry Green. Today we have Martha Castex-Tatum, who has served in CM Green’s office as the Director of Constituent Services since 2015. She has previous experience as an elected official, having been a member of San Marcos’ City Council after her graduation from Texas State. She also served on the San Marcos Economic Development Council and the Convention and Visitor Bureau and has worked as a realtor. Here’s the interview:

PREVIOUSLY:

Anthony Freddie
Lawrence McGaffie

White voters sue Dallas County over claims of voter discrimination

I have four things to say about this.

Are white voters in Dallas County being discriminated against?

That question, which might cause some to chuckle, will be answered after a trial starting April 16 that could change the face of the voting rights struggle in America.

Four white residents are suing Dallas County, claiming that the current boundaries of county commissioner districts violate their voting rights. The case is believed to be one of the first in the nation where a group of whites is seeking protection under the Voting Rights Act.

The lawsuit foreshadows a potential turnabout in Texas’ and the nation’s racial politics. As Hispanics, blacks and other minorities close in on making America a country where minorities make up the majority, some whites are attempting to use civil rights laws to protect themselves from what they see as discrimination.

Dallas County, once dominated by white Republicans until demographic shifts paved the way for Democrats, is the ideal testing ground for such a case.

“There will be people who look up and say ‘oh, come on,’ but the facts are clear and it should not matter who is on the short end of the stick,” said Dallas lawyer Dan Morenoff, executive director of the Equal Voting Rights Institute. “The whole point is to assure state and local government can’t rig elections against races they don’t like.”

The white residents are backed by the Equal Voting Rights Institute. They are asking the court that the current Commissioners Court boundaries, approved in 2011, be redrawn to allow white residents to elect the commissioner of their choice.

[…]

Redistricting experts say the plaintiffs will have a hard time prevailing over the county. The Voting Rights Act, in part, protects victims of historical and systemic discrimination. White voters don’t fall in that class. A challenge to the maps on grounds that the white residents’ constitutional rights were violated has already faded.

“That’s a pretty high hurdle to overcome,” said Michael Li, an election law expert and senior counsel for the Brennan Center’s Democracy Program at New York University. “There hasn’t been a history of discrimination against white voters in Dallas County.”

Justin Levitt, associate dean for research at Loyola University in Los Angeles, agreed.

“You have to prove that the government intentionally took action against people because of their race. That is going to be much harder to demonstrate,” he said. “The case is going to turn on whether there is a history of discrimination against Anglos or present-day signs of discrimination.”

[…]

The lawsuit argues that the political clout of white voters has been purposefully diminished. Whites in Dallas County overwhelmingly vote for Republicans, the suit says, while blacks and Hispanics tend to vote for Democrats. The 4-to-1 Democrat-to-Republican ratio is a sign that whites have become disenfranchised, the suit says.

“The plaintiffs’ view is that a map was drawn on the basis of race to make sure a group couldn’t elect the candidate of their choice,” Morenoff said. “We think the law is pretty clear that it’s illegal. We’re making the same arguments that plaintiffs have made in Texas the past few decades. The law protects racial minorities whoever they are.”

But a white majority exists on the Commissioners Court even though Hispanics represent the largest racial group in the county. According to the U.S. Census, Hispanics make up 39 percent of the county population. The county is 33 percent white and 22 percent black.

[County Judge Clay] Jenkins, [Commissioner Theresa] Daniel and [Commissioner Mike] Cantrell are white. Daniel is a Democrat and Cantrell is a Republican. There is one black commissioner, Democrat John Wiley Price, and one Hispanic commissioner, Garcia, a Democrat.

The plaintiffs are arguing that white conservatives were not able to elect their candidate of choice.

Whites make up 48 percent of Dallas County voters, but essentially elect 25 percent (one commissioner) of the court, the lawsuit states.

Many white voters were packed into precincts controlled by Daniel, Price and Garcia. And others had their votes wasted after being packed into Cantrell’s Precinct 2, the lawsuit says.

Lawyers for the county disagreed in a court filing.

“Plaintiffs’ amended complaint fails to allege or demonstrate how the currently elected County Commissioners are not the candidate of choice of Anglo voters,” they wrote. “Even if the five commissioners are the candidates of choice of African-American and Latino voters, that fact does not preclude those Commissioners from also being the candidates of choice of Anglo voters.”

The trial is expected to take four days.

Li, the election law expert who spent 10 years in Dallas as a lawyer for Baker Botts, says redistricting cases like the one in Dallas County could evolve into referendums on partisan gerrymandering. Two such cases are before the U.S. Supreme Court.

“In the future, instead of race-based claims, they may claim that there was partisan gerrymandering,” Li said.

1. Good luck with that.

2. There are only four commissioners per county, plus a County Judge, so the result of one election can have a dramatic change to the partisan ration – you can go from 50-50 to 75-25 overnight, for example. Add in the County Judge and a “balanced” Court will be 60-40 one way or the other. My point here is that there’s only so much precision one can achieve.

3. Also, too: Harris County is at least as Democratic as Dallas is Republican, and at least as non-Anglo as Dallas is. Yet Harris County Commissioners Court has four Anglo Republicans and one African-American Democrat. Commissioners precincts were also redrawn following the 2010 election in which Jack Morman ousted Sylvia Garcia to protect the most vulnerable of the Anglo commissioners. Be careful what you’re wishing for here, Republicans. And yes, there was a lawsuit filed here over that, and the plaintiffs lost. Anyone think these folks in Dallas have a better claim than the plaintiffs in Harris County did?

4. Too bad the Supreme Court kneecapped the Voting Rights Act, huh? Maybe casting this as a partisan gerrymandering claim will help, assuming SCOTUS finds a remedy for that. In which case, again I say to be careful what you ask for, Republicans.

A copy of the lawsuit is here, and the county’s response is here/a>; they are also embedded in the story. As always, I welcome feedback from the lawyers out there.

Greater Houston Flood Mitigation Consortium report

From the inbox:

“Strategies for Flood Mitigation in Greater Houston, Edition 1”, a report released today by the Greater Houston Flood Mitigation Consortium, calls for accelerating the paradigm shift underway in how the Houston area plans for and recovers from flooding and its consequences. While eliminating flooding in Houston is not possible, there are practical opportunities for reducing the effect flooding has on people’s lives. This initial report, which is based on current information from multiple local agencies and experts, draws a number of key conclusions on Addicks and Barker reservoirs, including the important considerations about the proposed “third reservoir,” and flood mitigation tactics such as regulations, local drainage, and buyouts.

According to Consortium Project Manager Christof Spieler, “When the consortium was formed, its philanthropic funders intended to make Houston a more resilient city and ensure that all communities benefit from flood mitigation efforts. We’ve brought together experts on flooding, the environment, and urban planning, and, together, we are presenting our conclusions thus far. We hope they are useful to decision-makers as the region figures out how to respond through funding, policies, and projects.”

The philanthropic funders include Houston EndowmentKinder Foundation, and the Cynthia & George Mitchell Foundation with additional support from the Walton Family FoundationCullen Foundation, and Harte Charitable Foundation.

 

Among the key conclusions within the report:

Flood Mitigation Infrastructure:

 

v  There is no publicly available information that clearly proves or disproves the structural integrity of Addicks and Barker reservoirs. Rather than continue to subjectively debate this topic, there is a call for a clear report on the condition of the dams, including public transparency on risks and any required structural improvements that may be needed.

v  The “third reservoir” as currently proposed is primarily intended to mitigate new development. It is not designed to reduce flooding in Buffalo Bayou nor does it solve issues with the Addicks and Barker reservoirs. The “Plan 5” reservoir defined by the Cypress Creek Overflow Study creates a scenario that allows future development of the Katy Prairie, land that currently absorbs a considerable amount of stormwater.

v  A new reservoir in northwest Harris County, specifically designed to address the Cypress Creek watershed, could significantly help mitigate repeated flooding of Cypress. A “third reservoir” in the same general area studied in the Cypress Creek Overflow Study, that targets reducing flooding in the badly damaged Cypress Creek watershed, could be very effective in addressing repeated flooding in the downstream areas of that watershed.

v  Where watersheds remain undeveloped, acquisition of land along the bayous and creeks is a cost-effective flood mitigation tool. Whether in the upper undeveloped watershed or downstream along the channel and its tributaries, undeveloped land gives the water room to spread out in a flood event, to prevent the impacts that new development on that land would have, and to preserve these green spaces for flood mitigation.

Regulations:

 

v  Under current detention regulations, new development, especially in previously undeveloped areas, still increases downstream flooding. Natural ecosystems and agricultural areas absorb some water, hold some water through ponding, and release the rest slowly. While current detention regulations limit the rate of water, the assumed conditions in these calculations overestimate pre-development runoff rate and thus underestimate the increase in runoff. The regulations also do not limit total runoff volume, which is critical in multi-day storms.

 

v  The existing regulatory system overseen by multiple jurisdictions is confusing at best and possibly counter-productive. The current patchwork approach, with platting, detention, floodplain management, infrastructure requirements, and building regulations handled by multiple entities, makes it difficult to address watersheds, and as a whole, can allow harmful projects to slip through the gaps.

Buyouts:

 

v  Buyouts studied alongside flood control infrastructure allow for determining the most effective and least expensive solutions. This proactive approach is a departure from a system that is currently reactive, only buying homes that are hopelessly deep in a floodplain.Benefits can include preventing future flood damage, providing land for better flood control infrastructure, new parks and open space, and improved housing stock.

v  Extensive buyouts without a coordinated housing plan will worsen the affordable housing shortage already confronting the region. A countywide housing plan could anticipate future housing needs, particularly after a flood event and identify locations with access to work, schools, and social services.

v  Flexible funding from non-federal sources allows more properties to be included in buyout programs and encourages property owners to participate, avoiding the “checkerboard effect.” Federal funding comes with limitations while local funding can be flexible, addressing properties within a buyout area that don’t meet federal requirements and offering compensation and relocation assistance that makes moving feasible for residents.

Public Engagement:

v  An educated public is fundamental to building and sustaining support for the long work of mitigating flood impacts. Robust engagement through the decision-making process will not only improve results but ensure equitable outcomes.

General:

 

v  The level of flood protection across watersheds is not equitable. Addicks and Barker reservoirs are already able to handle the current 1 percent design storm. Even with the federal projects, Brays Bayou, Clear Creek, Hunting Bayou, White Oak Bayou and Greens Bayou will not be able to handle the 1 percent storm, and tributaries of those bayous, and well as several other major bayous like Cypress Creek and Vince Bayou have not been studied in detail or had projects identified.

v  Most flood control assessments, including the federal government’s cost-benefit ratio, calculate benefits through economic value, not impact on human lives. We can measure projects by the number of people who benefit or use more sophisticated tools like Social Impact Assessment.

A link to the full report can be found houstonconsortium.org.

In the coming months, watershed analyses will be completed, which will allow for more detailed conclusions and Edition II will include these findings.

See here for a bit of background, and here to find the report. It’s one thing to come up with good and constructive ideas, it’s another to get them implemented. You can start out with the support of political leaders, you can persuade them to adopt your ideas, and you can elect people who campaign on the promise of pursuing those ideas. I look forward to the next step in this process, because we’re going to need one. The Trib has more.

Interview with Lawrence McGaffie

Lawrence McGaffie

We continue with interviews in the special election for District K to succeed the late CM Larry Green. Today I am talking with Lawrence McGaffie, an ordained minister and Army veteran who is the founder of the Inspire the Lead, a non profit movement designed to inspire young people from low income communities to become leaders. A graduate of the Art Institute of Houston, McGaffie was medically discharged from the Army after being injured while training for the 101st Airborne division at Ft. Campbell. He volunteers at God’s Food Pantry and has also served as Director of Community Engagement for the MLK Association of Houston. Here’s the interview:

PREVIOUSLY: Anthony Freddie

ACLU sues Galveston County over bail practices

From the inbox:

The ACLU of Texas, the ACLU and Arnold & Porter filed a federal class-action lawsuit today against Galveston County, Texas, for violating the constitutional rights of people arrested for misdemeanors and felonies.

The lawsuit was brought against the County itself, as well as each of the County’s judges who hear felonies and misdemeanors, the County magistrates, and the District Attorney. This is the first filing by the ACLU to include the District Attorney as a defendant in bail reform litigation. It seeks an immediate and permanent change to an unconstitutional cash bail system that discriminates against people who are financially strapped.

Those who cannot afford to pay money bail amounts determined by the county’s bail schedule are detained for a week or longer, while those who face the same charges but can afford to pay the money bail amounts are freed until trial. Galveston County’s district attorneys are involved in setting bail amounts for felony charges, often recommending bail amounts even higher than what the bail schedule suggests.

“A system that requires people to buy their freedom is not a system interested in dispensing justice,” said Trisha Trigilio, senior staff attorney for the ACLU of Texas. “Our client is seeking one thing: a fair hearing. Rich or poor, everyone should have a meaningful chance for a judge to hear them out before they are locked in a jail cell – but that’s not what’s happening in Galveston County.”

The lawsuit argues that Galveston County’s system of money bail violates the Constitution because it keeps people in jail if they can’t afford bail, while allowing those who can pay to go home to their families, jobs, and communities. With each day in jail, the person’s chances for a fair trial diminish as evidence and witnesses disappear, and many who are innocent nonetheless plead guilty simply to end the ordeal.

“A person’s wealth should never decide their freedom, but that’s exactly what’s happening in Texas and across the country,” said Brandon Buskey, staff attorney with the ACLU’s Criminal Law Reform Project. “Galveston’s bail system disregards the presumption of innocence, destroys families, and negatively affects jobs, and homes.”

The suit, filed on behalf of one plaintiff representing a class in U.S. District Court for the Southern District of Texas, accuses county officials of operating a two-tiered system of justice based on wealth, in violation of the right to counsel, the right to due process, and equal protection under the law.

“Studies consistently show that individuals who are held in jail until trial are more likely to be convicted, and more likely to be sentenced to prison, than those who are released pending trial,” said Christopher Odell, an attorney with Arnold & Porter. “Our goal is to ensure that the criminal justice system is fair to everyone in Galveston County, whether they’re rich or poor or somewhere in between.”

The plaintiff Aaron Booth, age 36, was arrested on April 8 for drug possession. He cannot afford the $20,000 money bail required by the court’s bail schedule. Mr. Booth fears losing his job because he is in jail; a job he needs to help his mother afford her monthly expenses.

Galveston’s system of wealth-based detention is arbitrary, the lawsuit argues. Each offense has an assigned dollar amount. If a person can arrange to pay the full amount to the sheriff in cash or property, or can arrange for payment through a bail bond company or another third party, the sheriff releases that person automatically.

Those who cannot pay the pre-determined bail amount must remain in jail indefinitely.

The lawsuit against Galveston County is a continuation of efforts from the ACLU Campaign for Smart Justice to end wealth-based bail detention in Texas and across the nation. This January, a related lawsuit aimed at ending Dallas County’s disciriminatory, wealth based bail practices was filed by the ACLU of Texas, the American Civil Liberties Union, Civil Rights Corps and the Texas Fair Defense Project.

The ACLU Campaign for Smart Justice — an unprecedented effort to reduce the U.S. jail and prison population by 50 percent and to combat racial disparities in the criminal justice system — is focused on bolstering the movement to end money bail and eliminate wealth-based pretrial detention through legislative advocacy, voter education, and litigation. Thirty-seven ACLU state affiliates are spearheading efforts to end this unjust system.

The complaint can be found here. The Chron adds a few details.

The Galveston County Commissioner’s Court issued a resolution in September supporting an immediate end to pretrial detention for misdemeanor and state jail cell arrests and committing a minimum of $2 million to those efforts.

The county also voted in December to approve a contract with the Council of State Governments to help implement reforms to the county’s jail system.

But Trigilio said that the county has not committed to large-scale changes to its bail system in an appropriate timeframe. The ACLU drafted a standing order proposal outlining steps that needed to be taken to create a model pretrial system and requesting that the county come up with its own detailed plan. Their requests were ignored, with only one judge, Lonnie Cox of the 56th District Court, reviewing the standing order in November.

“We’re very open to collaborative solutions with policymakers, in fact, that’s what we prefer,” Trigilio said. “But it’s important to act with the urgency that the situation merits, and when they’re locking hundreds of people away every day just because they’re poor, that’s not something we can tolerate while we work out the nuances of a system that might be in place any year from now.”

Galveston County Judge Mark Henry said on Monday that he had not had a chance to look at the lawsuit yet but that the county has been working with the ACLU “for nine months or so” to implement their suggested reforms to the bail system.

“We are certainly trying, yes,” he said, adding that he had not yet seen the suit but that the county was “absolutely committed” to making the changes already discussed.

“It’s not necessarily in our control,” he said. “There are about 15 other elected officials that have to agree and implement their part of it.”

Those of us in Harris County can relate to that complaint. You know where I stand on this, so let me just say that I hope other counties are looking at their own practices and taking proactive steps to get in line so they don’t have to be sued as well. But if suing them is what it takes, then so be it. Think Progress and KUHF have more.

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.

Interview with Anthony Freddie

Anthony Freddie

As we know, the special election to succeed the late Council Member Larry Green in District K is on May 5. Early voting for this election begins April 23, which is to say two weeks from now. In those two weeks, I’ll be publishing interviews with candidates from this election. We begin with Anthony Freddie, who worked for the city for 29 years. Freddie worked in multiple departments within the city, including Building Services, Finance and Administration, and Aviation, and served as assistant to Mayor Lee Brown’s Chief of Staff. He has served on a number of non-profits and boards, as well as with the Greater Houston Partnership. Here’s what we talked about:

As I said, I’ll have more of these this week and next.

Misdemeanor diversion

Sounds good to me.

Kim Ogg

Houston’s non-violent misdemeanor offenders will soon be cleaning up trash and invasive plant species plants along Buffalo Bayou in an initiative to help offenders clear up their criminal record, Harris County District Attorney Kim Ogg announced Wednesday.

The program, dubbed “Clean and Green,” has existed in several incarnations since the 1970’s and was one of Ogg’s campaign promises when she ran for DA in 2014, and again when she won in 2016.

“It’s a big reason why I ran,” the top prosecutor said Wednesday as she announced the program at the historic Allen’s Landing, a downtown recreational area on the bayou. “I wanted to ‘green’ criminal justice. I felt like our system could give back in a measurable, meaningful way. Counting the cubic tons of garbage or how many tons of plastic we pull out, it all has a public safety value.”

Misdemeanor offenders, 17 and older, will be allowed to clean up litter and invasive plants, skim waterways and perform other conservation services in public spaces across the county, especially along bayous and tributaries, according to Ogg.

Eligibility for the program, which starts this month, will be determined by prosecutors on a case-by-case basis and excludes defendants facing domestic violence, assault or weapons charges.

[…]

The initiative is expected to offer 160 offenders a month the opportunity to avoid a criminal record while reducing tax dollars currently spent on traditional prosecution and punishment of those offenders.

If selected, participants will be required to work one or two six-hours shifts. They will have to pay $240 to participate, unless they are indigent. Completion of the program fulfills the community-service requirement of pre-trial diversion contracts.

If they successfully complete the program, their criminal case will be dismissed and the arrest can be expunged, Ogg said.

I approve of all of this. This is what we should want to do with non-violent misdemeanor offenders. And yes, it’s what we voted for. Keep up the good work.

It’s not easy being green

I have mixed feelings about this.

The “Blue Trees” artist has stirred up a hive of trouble for Houston’s parks and recreation department, complaining that the city plagiarized an installation he created five years ago by re-painting the same grove of crepe myrtles. This time, the trees are a vivid green.

Konstantin Dimopolous, who engaged dozens of volunteers to help make “Blue Trees Houston” in 2013, said the harmless paint formula he shared was developed over many years and is his intellectual property.

Parks department officials beg to differ, pointing out that trees have been painted for centuries, across cultures.

“We thought we did our homework,” said Abel Gonzales, the parks department’s deputy director of greenspace management. He said he cleared the green paint project last October with parks department planners who told him there were no other active agreements for art among the crepe myrtle groves within the traffic cloverleafs at Waugh Drive and Allen Parkway.

He chose the same area Dimopolous had used because it’s a high-profile location, he said, and also because crepe myrtles have smooth trunks that make them easier to paint than, say, oak trees.

[…]

Dimopolous said he was not after money or a lawsuit, but he did want an apology — and he wants the green paint removed, because people think the new work is his.

“It looks horrible, and it really has no relevance anymore here,” said Dimopolous, who is in Houston working on a large commercial commission. He is building “Windgrass,” a tall, stick-like kinetic sculpture for Bridgeland, next to entrance signage for the 11,400-acre, master-planned community along the Grand Parkway near Cypress.

Gonzales and others in the parks department aren’t likely to concede that they’ve done anything wrong. “We’re sorry he’s upset, but no one even thought about him,” Gonzales said.

One of the Parks people, who wasn’t in Houston when Dimopoulos did his installation in 2013, said she came up with the paint for this work on her own via trial and error. On the one hand, I agree that painting trees isn’t a new or unique idea, and the fact that an artist once did this doesn’t preclude anyone else from ever doing it. On the other hand, it would have been nice to give the guy a heads-up, especially since it’s the same location and he’s back in town on another project. Beyond that, I say I was glad to see the new painted trees when I first spotted them a few weeks ago, and I hope to see more art like this elsewhere in the city. Glasstire and It’s Not Hou It’s Me have more.

Weekend link dump for April 8

Take care when typing a domain name into a browser address bar, because it’s far too easy to fat-finger a key and wind up somewhere you don’t want to go.”

A citizens’ guide to deciphering lobbyist-speak.

I support this effort to make investigative data from old civil rights cold cases public.

How Chinese feminists found a way around government censorship of #MeToo.

Jim Carrey’s Trump art is…wow. Just wow.

“At present, Donald Trump is an autocrat without an autocracy. The system mostly resists his demands because it’s not designed to operate that way and we have centuries worth of norms that are remarkably resilient. But systems change. And it’s clear that ours is already starting to change under his malign influence.”

RIP, Steven Bochco, creator of such iconic TV shows as Hill Street Blues, LA Law, and NYPD Blue.

“But it isn’t okay, Stephanie says later. None of them have been okay since Oct. 1, when the family was caught in the crosshairs of the deadliest mass shooting in modern American history. Rosemarie, 54, has been hospitalized for all but two days since — her excruciating recovery a testament to the all-consuming devastation a single high-velocity bullet can cause. As Rosemarie recovers from multiple surgeries to repair the wounds to her lungs, liver and spleen and awaits a final procedure to treat her damaged stomach, the family has watched in horror as other defenseless people have endured mass shootings. Again and again — at a Texas church, in a small California town, at a Florida high school — the same type of gun, the same type of bullets. Dozens have died, and many others have been left like Rosemarie.”

“But the reality of autism is very different from depictions on TV and film, where autistic people are almost always portrayed as awkward white male geniuses.”

Three words: Emergency backup goalie. I love this story.

RIP, Joe Watts, father of Houston gay theater.

“When you have large groups of embittered people – even more so when they are creative people or crazies who spend countless hours producing videos for Youtube – one of them is going to connect that bitterness to their own unhingedness and do something terrible. That’s what seems to have happened here.”

Congress, Not Amazon, Messed Up the Post Office”.

RIP, Daniel Akaka, former Senator from Hawaii.

From the “Answering my own rhetorical question” department

Nobody could have seen this coming!

Best mugshot ever

Ever since Texas’s “sanctuary cities” ban was first proposed in late 2016, the measure’s Republican backers have painted it as a public safety measure targeting criminals — without racist or anti-immigrant intent. But records obtained by the Observer reveal that some of the Texas citizens most supportive of the law apparently never got the memo.

Senate Bill 4, among other things, threatens local law enforcement officials who impede cooperation with federal immigration agents with fines, jail time and removal from office. To prosecute wayward officials, the law requires citizens to report violations of SB 4 to the Texas Attorney General’s Office. Attorney General Ken Paxton formally began accepting complaints in September, but the records include a stream of phone calls and emails beginning last February. Of 43 total formal and informal complaints so far, most veered wildly from SB 4’s supposed intent, expressing instead resentment of immigrants and even threatening violence.

“These comments are disturbing to read,” said state Senator José Rodríguez, an El Paso Democrat and staunch SB 4 opponent. Rodríguez called them part of a general shift toward viewing immigrants in a “national security framework” rather than a human rights one, adding that “during the SB 4 debate, we warned that the attorney general would receive frivolous, anti-immigrant complaints such as these.”

See here for the background, and click over for the entirely predictable stream of garbage that ensued. In a world where Ken Paxton felt shame he would no doubt be red-faced over this, but we do not live in that world. I don’t know what else there is to say.

One other thing:

Out of the dozens who communicated with Paxton’s office, only five followed the guidelines laid out in SB 4 by swearing their complaints before a notary or submitting an “unsworn declaration.” Four of the five centered on a high-profile incident involving San Antonio Police Chief William McManus — currently the focus of the only investigation of a potential SB 4 violation.

In late December, an SAPD officer encountered what appeared to be 12 immigrants being smuggled into the country in an 18-wheeler. When McManus arrived on the scene, he made the unusual decision to charge the truck’s driver using a state smuggling statute rather than turn him over to the feds. After questioning, McManus released the immigrants to a local nonprofit, effectively shielding them from Immigration and Customs Enforcement (ICE).

That set off a firestorm: The head of the local police union called for McManus to be put on administrative leave; Lieutenant Governor Dan Patrick urged Paxton to investigate whether McManus violated SB 4; and Paxton informed city officials on January 10 that he had received “several” complaints and was launching an investigation.

But will anything come of this taxpayer-funded investigation? SB 4 — which is still being fought over in the courts — forbids any local policy that bans or “materially limits” cooperation between law enforcement and federal immigration authorities, and forces jailers to extend detention of undocumented immigrants at the request of ICE.

McManus says his choice was an isolated decision that didn’t represent a new policy and that an ICE agent had every opportunity to intervene and take the individuals into custody. An ICE spokesperson has contradicted that, telling the San Antonio Express-News that the agency offered assistance and was rebuffed.

Vera, the LULAC attorney, said that the chief’s decision wouldn’t violate SB 4 because it didn’t represent a policy of non-cooperation. “[Paxton] doesn’t have a case,” he told the Observer. “If he had a case, he would’ve filed it already.”

See here for the background. Sometimes it’s just better to think of this all as a third-rate costume drama, available for streaming at CBS All Access or some such. Just let go and lean into the absurdity.

The most interesting story related to the County Treasurer’s office you may ever read

Oh, yeah.

A top administrator at the Harris County Treasurer’s Office charged with stealing money from a county credit union told investigators he was using the funds to pay off a dominatrix he met online who was trying to blackmail him, county officials said Friday.

Gregory Wayne Lueb, the second in command at the Harris County Treasurer’s Office, is accused of stealing $35,000 in a check-kiting scheme that left the Harris County Credit Union holding the bag for the cash.

Lueb told investigators he met a dominatrix —a woman who punishes men in sexual situations — named “Mistress Cindy” on a sadomasochism website in 2016.

He said the woman blackmailed him into sending her money from his personal account at the credit union by telling him he’d tell his wife of his indiscretions if he didn’t.

In announcing the felony theft charges Friday, Harris County District Attorney Kim Ogg said “Cindy” may or may not be real, but that Lueb had been arrested for a check fraud scheme that ran between August and December 2016.

“We don’t know if the dominatrix exists or not,” Ogg said. “The more salacious points are obvious in Mr. Lueb’s admissions, but whether they are true or not is really beside the point. We know that he was stealing from Harris County employees because it’s our money in the credit union.”

[…]

Ogg said Lueb was the target of two investigations: one initiated by the DA’s office and one begun by the Harris County Sheriff’s Office. The two probes were combined when investigators realized both agencies were looking into allegations of fraud that linked back to Lueb.

Ogg called for an audit of the treasurer’s office, headed by County Treasurer Orlando Sanchez.

Sanchez said Lueb did not have sole access to county funds. He said well-established safeguards and forms require multiple signatures from different department heads, so he is not worried that Lueb could have embezzled from the treasurer’s office.

“No one person in this county has the ability to move a dime,” he said. “No one person in Harris County has the authority to move money … The important thing is there’s no public funds (involved, no county money.”

Lueb has since been fired. I’ll be interested to see if there are further calls for an audit of the Treasurer’s office. I doubt there would be anything terrible to find, but having to deal with that in an election year probably does not make Orlando Sanchez happy. The last thing he wants is for this to be anything more than a one-day story.

SNCF has qualms about Texas Central

Who is SNCF? They’re another passenger rail company, one that has also expressed an interest in building lines in Texas, and they have offered some negative feedback to the Texas Central high speed rail line.

One of the world’s largest train operators says that its proposal of a passenger rail network that includes the Interstate 35 corridor would be a better fit for Texas than the $15 billion Dallas-to-Houston bullet train that’s on the table.

“Look at the state as a whole. Instead of creating a link, create a network,” said SNCF America president Alain Leray, who is visiting Dallas, Austin and Waco this week on the heels of filing his company’s eight-pages of commentary on the Federal Draft Environmental Statement for the Dallas-to-Houston line.

Maryland-based SNCF America, a branch of the French National Railway, pitched its “Texas T-bone” idea to the Federal Railroad Administration in 2008 and 2016. The plan calls for “higher speed rail” service of 125 mph.

The railroad administration has instead proceeded to work with Texas Central Partners on a Dallas-to-Houston bullet line featuring speeds up to 210 mph and using Japanese technology.

[…]

If Texas Central Partners is first on the ground in the U.S., SNCF officials feel it may be game over for their firm and any other competition.

Currently, federal regulations do not address equipment requirements for train speeds above 150 mph. Texas Central Partners has petitioned for what is known as a rule of particular applicability (RPA). If the RPA is accepted and Texas Central successfully builds the nation’s first bullet line, it will be creating the standard.

“I think they have done a remarkable job. They are fighters and go-getters,” Leray said Monday of Texas Central. “Their chances of getting an RPA elsewhere becomes so much greater if they get this.”

See here, here, and here for more on SNCF, which has proposed a version of the “Texas T-Bone that would connect both San Antonio and Houston to D/FW. They have also expressed concern about that RPA in the past, which I can understand. As someone who wants passenger rail to be a success in Texas, and who wants to see as much of it built as possible, I’d say that if SNCF or some other rail company has a viable proposal for an additional line in Texas that depends on a standard that doesn’t lock them out of the market, then that should be taken into account when evaluating Texas Central’s RPA. Building the first line should not be a pathway to monopoly. On the other hand, if SNCF or whoever else doesn’t have anything remotely close to being in the pipeline, then I’m not sure what the fuss is about.

The bottom line is that I support maximizing the potential for passenger rail in Texas. It’s been my hope that if the Texas Central line is successful, it was generate demand for extensions and additions to it. Whatever furthers that goal is fine by me, and whatever hinders it should be avoided.

Farenthold resigns

So long, Ducky.

Rep. Blake Farenthold

U.S. Rep. Blake Farenthold, R-Corpus Christi, resigned on Friday.

The decision marks the capstone of a tumultuous few months for the four-term congressman, who has been dogged by sexual harassment allegations and an ongoing ethics investigation.

“While I planned on serving out the remainder of my term in Congress, I know in my heart it’s time for me to move along and look for new ways to serve,” he said in a statement that offered no further explanation for why he was not completing the final eight months of his term.

The congressman spent the day packing up his office.

[…]

Gov. Greg Abbott now needs to call a special election to fill the seat, the winner of which will serve until early January 2019.

Abbott has two options for filling Farenthold’s seat for the rest of his term, according to the secretary of state’s office. Abbott can schedule a special election on the next uniform election date, which is Nov. 6. (It’s too late for him to call it for the May 5 date.)

Abbott’s other option is to order an emergency election for any other Tuesday or Saturday. He would have to call the election 36-50 days in advance of the date he chooses.

House Republicans likely have no appetite for a special election at this point in the cycle. But one thing the governor’s office will have to weigh is whether Texas’ 27th Congressional District — which bore the brunt of Hurricane Harvey — can go without congressional representation for seven months.

Farenthold announced his retirement in December, and despite some controversy around the timing of his announcement he was allowed to drop off the ballot for the primary. As for what Greg Abbott does, in a normal year he’d call an emergency special at his first opportunity, as the odds would be extremely favorable for a Republican candidate to win and thus maintain numbers in Congress. This year, who knows? I still think we’ll get an election sooner than November, but if we don’t it’s quite the admission of weakness. In the meantime, I hope someone will remind Farenthold to pay back the $84,000 he owes the taxpayers before he slinks off into the darkness. Daily Kos 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?

The Harvey effect on fire ants

Possibly another reason to curse that storm.

Rice University ecologists are checking to see if Hurricane Harvey’s unprecedented floods gave a competitive boost to fire ants and crazy ants, two of southeast Texas’ least favorite uninvited guests.

Extreme weather events like Harvey are expected to become more likely as Earth’s climate changes due to greenhouse gas emissions, and scientists don’t understand how extreme weather will impact invasive pests, pollinators and other species that affect human well-being.

With support from the National Science Foundation’s Rapid Response Research (RAPID) program, Rice ecologists Tom Miller, Sarah Bengston and Scott Solomon, along with their students, are evaluating whether Harvey increased opportunities for invasion by exotic ants.

“Hurricane Harvey was, among other things, a grand ecological experiment,” said Miller, the principal investigator on the grant and the Godwin Assistant Professor of Ecology and Evolutionary Biology in Rice’s Department of BioSciences. “It offers a unique opportunity to explore whether a single extreme-weather event can re-shuffle an entire community of organisms.”

[…]

“We’re conducting monthly pitfall sampling at 19 established sites in the Big Thicket, a national preserve near Beaumont,” said [Sarah] Bengston, an ant expert, co-principal investigator on grant and Huxley Research Instructor of BioSciences. “Rice’s team has been working at these same sites for three years, and we know fire ants and tawny crazy ants, which are each invasive species, had begun to penetrate the intact native ecosystems in the park before the hurricane. We now want to know whether Harvey accelerated this invasion process.”

The RAPID funding will allow the team to document changes in ant communities and test whether changes in response to the hurricane are transient or represent new stable states.

I found the press release after seeing this Chron story based on it. All I can say is I hope the finding is negative.

Council approves new floodplain regulations

We’ve been waiting for this.

Mayor Sylvester Turner

Starting this fall, all new homes built in Houston’s floodplains must be elevated higher off the ground after a contentious debate and narrow vote by City Council on Wednesday to adopt the Bayou City’s first major regulatory response to the widespread flooding Hurricane Harvey unleashed last August.

The vote marks a shift away from Houston’s longtime aversion to constraining development, and means all new construction in the city’s floodplains will have to be built two feet above the projected water level in a 500-year storm.

The unusually tight 9-7 vote, which fell largely along party lines, came at the end of more than three hours of sometimes combative debate.

“This is a defining moment,” Mayor Sylvester Turner said in his final pitch to the council. “Can we undo what was done with Harvey? No. But can we build looking forward? Yes. Does it mean it may cost more financially? Yes. But if it has the probability of saving lives, and if it has the probability of letting people know in our city and those who are looking to come to our city that we are taking measures to be stronger, to be more resilient, then that’s positive for the city of Houston.”

Democratic council members Karla Cisneros, David Robinson, Dwight Boykins, Ellen Cohen, Jerry Davis, Robert Gallegos and Amanda Edwards — along with Republican Dave Martin — joined Turner in backing the changes. Republicans Mike Knox, Jack Christie, Brenda Stardig, Michael Kubosh, Steve Le and Greg Travis, and Democrat Mike Laster opposed the regulations.

The new rules take effect Sept. 1 and apply to all new buildings within the 500-year floodplain, which is deemed to have a 0.2 percent chance of being inundated in any given year. Additions larger than a third of the home’s original footprint also will need to be elevated.

Current regulations mandate that buildings be constructed one foot above the flood level in a less severe 100-year storm and apply only within the 100-year floodplain, where properties are considered to have a 1 percent chance of being inundated in a given year. Wednesday’s vote marks the first time Houston is imposing minimum elevation requirements within the 500-year floodplain.

The new rules are similar to, but more stringent than those Harris County put into effect Jan. 1. There, new homes built in neighborhoods developed before 2009 must be built one foot above either the ground or the crown of the adjacent street, whichever is higher. The county’s regulations change little for homes to be built in subdivisions developed more recently.

See here and here for more on the county’s new floodplain regulations, here for a bit of background on the proposal that was passed, and here for an earlier Chron story that gets into some of the No-voting members’ resistance. No regulation is ever perfect, and I’m sure there’s debate to be had about what approach would have been best, but it sure seems a bit odd to me that at this point in Houston’s history that this kind of regulation wouldn’t be more broadly supported by Council. For those members who will be on the ballot next year – Knox, Kubosh, Le, and Travis – I’ll be very interested to see how this vote is received on the campaign trail.

It’s going to be redistricting time for Texas at SCOTUS soon

Here’s an update.

In their latest brief to the U.S. Supreme Court, the voting and minority rights groups challenging Texas’ political maps painted Republican state lawmakers as “opportunistically inconsistent in their treatment of appearance versus reality.”

Pointing to the lawmakers’ 2013 adoption of a court-drawn map that was meant to be temporary, the groups chronicled the actions as “a ruse,” a “shellgame strategy” and a devious “smokescreen” meant to obscure discriminatory motives behind a previous redistricting plan.

Channeling their anger toward the lower court that found lawmakers intentionally discriminated against voters of color, state attorneys used a February brief to denounce the court’s ruling as one that “defies law and logic,” suffers multiple “legal defects” and “flunks the commonsense test to boot.”

[…]

The legal fight between the state and its legal foes, which include several voters of color, has been churning through the courts since 2011. That was when lawmakers embarked on redrawing the state’s congressional and legislative districts to account for explosive growth, particularly among Hispanic residents, following the 2010 census.

Those maps never took effect because Texas, at the time, was still required to get federal approval of changes to its political maps before using them in elections. A federal court in Washington eventually rejected the boundaries, ruling they violated federal safeguards for voters of color. But by then, a three-judge federal panel in San Antonio had ordered up interim maps for congressional and state House districts to be used for the 2012 elections.

The San Antonio court at the time warned that the interim maps were still subject to revision. But state lawmakers in 2013 adopted those maps as their own, with few tweaks.

That move, the state contends, was a “conciliatory act” in which the Legislature “embraced the court’s maps for the perfectly permissible reason that it wanted to bring the litigation to an end.”

But in their brief filed last week with the high court, attorneys for voters and legislators challenging the maps described the 2013 maneuver in much different terms:

“In the State’s telling, there was a brief, shining moment in 2013 when Texas history reversed course and the Texas Legislature fell all over itself to conform state conduct to a federal court’s provisional observations. The district court rightly saw through the 2013 masquerade.”

As noted before, oral arguments will be on April 24, so gird your loins and make sure children and pets are in safe places. I will remind everyone that there were actually two remedial maps produced by the three-judge panel way back in 2011. The first one, which was based on the previous decade’s pre-cleared-and/or-ruled-VRA-compliant-by-SCOTUS maps, was thrown out by SCOTUS on the grounds that the panel needed to defer to the new maps as drawn by the Lege as their starting point. Which the court did, and which it did without taking into consideration the VRA Section 2 claims on which the plaintiffs subsequently prevailed. As such, claims that the interim maps solved all the problems and should have been the end of the litigation are false. The maps had problems, which the courts ultimately found, and that’s even before we get into the “intent” question.

Anyway. What happens from here is unknown. SCOTUS has had a busy term grappling with redistricting questions, but unlike the partisan-gerrymandering claims from Wisconsin and Maryland, this is old-fashioned racial discrimination/Voting Rights Act stuff. It’s also our last chance to remediate any damages before the next redistricting cycle. It would not be much of a win for the plaintiffs if we never get to have an election under non-discriminatory maps.

The CD02 primary runoff

Oh, yeah, that’s happening.

Rep. Ted Poe

Kevin Roberts already overcame a $6 million onslaught from self-funding multimillionaire Kathaleen Wall to keep his hopes of winning a seat in Congress alive.

Now the Republican’s challenge is beating retired Navy SEAL Dan Crenshaw, a dark horse candidate who emerged from the primary election with surprising momentum.

Roberts, 51, said he’s not intimidated as the May 22 runoff approaches in the GOP primary battle to replace U.S. Rep. Ted Poe in Congress and will stick to his strategy.

“We will continue to run our race,” said Roberts, a businessman who was elected to the state Legislature in 2016. “All I can do is focus on our campaign and work to get our core message out … Experience matters.”

But Crenshaw isn’t about to give an inch on that front either.

Crenshaw, 33, has never held office but said he’s more than ready to put his nearly 10 years in the Navy up against Roberts’ political experience. Crenshaw said his time in the military taught him leadership skills, which he said are at the core of being a good public servant.

Crenshaw said that experience gives him an edge over Roberts on foreign policy and national security issues. Crenshaw served in South Korea, Iraq and Afghanistan. In 2012, while on his third tour of duty in Afghanistan, a roadside bomb nearly killed him. He lost his right eye and medically retired from the Navy in 2016.

On the one hand, I’m sure I speak for millions of Houstonians when I say I’m so relieved I’ll never have to see another Kathaleen Wall advertisement again. On the other hand, this runoff without Wall’s cartoon villainy is pretty much dullsville. I mean, these guys are about as compelling as unbuttered toast. Them’s the breaks, I guess. Anyway, eventually one of these guys will win the right to go up against Todd Litton, who I hope is busy raising more money right now. In the meantime, I’ll try to remember that this race exists.

Multiple cities and states sue over Census citizenship question

Good.

Seventeen states, the District of Columbia, and six major cities sued the Trump administration on Tuesday over the addition of a controversial new question about US citizenship to the 2020 census. This is the third major lawsuit against the administration’s action, after California and the NAACP sued last week, marking a major escalation of the legal and political battle over the census. Civil rights advocates say the question is designed to spark fear in immigrant respondents and will cause many immigrants not to be counted, diminishing the political power and financial resources of the jurisdictions where they live.

“This is a blatant effort to undermine the census and prevent the census from carrying out its Constitutional mandate,” said New York Attorney General Eric Schneiderman, who organized the multi-state lawsuit, at a press conference in lower Manhattan. New York has the third-largest immigrant population in the country, after California and Texas. More than 1 in 5 New York residents are foreign-born. “This is an effort to punish states like New York that welcome immigrants,” Schneiderman said.

The lawsuit says the new question “violates the constitutional mandate to conduct an ‘actual Enumeration’” of the country’s entire population, not just citizens, as well as a provision of the 1946 Administrative Procedure Act barring federal agencies from taking “arbitrary, capricious” actions.

The lawsuit was filed by New York, Connecticut, Delaware, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, and joined by the cities of Chicago, New York, Philadelphia, Providence, San Francisco, and Seattle. The bipartisan US Conference of Mayors, which represents the 1,400 cities with a population of 30,000 or more, also joined the suit.

[…]

Past leaders of the Census Bureau and current advisers to the bureau have also blasted the question. Six former bureau directors, who served under Republican and Democratic presidents, told Commerce Secretary Wilbur Ross in January that “an untested question on citizenship status at this late point in the decennial planning process would put the accuracy of the enumeration and success of the census in all communities at grave risk.” Members of the bureau’s Scientific Advisory Committee, who are appointed by the director, blasted the decision at a meeting of the Census Bureau last week.

“I want to say in no uncertain terms that I think this is an absolutely awful decision,” said D. Sunshine Hillygus, a professor of political science at Duke University. “I am dumbfounded that this decision is coming in at such a late date. My view is that this is going to have severe negative implications for data quality and costs.”

She began her PowerPoint presentation at census headquarters with the phrase “W.T.H.,” short for “what the hell.”

The Commerce Department, which oversees the census, said the new question was needed to better enforce the Voting Rights Act, but Vanita Gupta, the former head of the Justice Department’s Civil Rights Division under Barack Obama, told Mother Jones that was “plainly a ruse to collect that data and ultimately to sabotage the census.”

See here for some background. Even with the involvement of the US Conference of Mayors, I say every city of decent size should want to get involved, because it’s their residents who are going to be undercounted as a result of this malevolent policy, and that will cost them in terms of funding, representation, and more. This is a big, serious deal and it needs to be treated as such. Think Progress, which also looks at the effect of this policy on Texas, has more.

Valdez and White in the runoff

The DMN provides a snapshot of where we are in the one Democratic statewide primary runoff.

Lupe Valdez

Former Dallas County Sheriff Lupe Valdez and Houston investor Andrew White have disparate strategies for winning the nomination. Valdez, who finished first with a comfortable lead in the March 6 primary, is firming up her base and planning inroads into the Houston area, where White is strong. White is also looking to turn out his political strongholds, while making gains in places such as Central Texas.

Because they are light on resources, much of the traditional campaign activity and travel are expected to unfold closer to election day.

Both candidates say they have extensive activities planned for April and May and have been raising money. White had a fundraiser Thursday night in San Antonio. He’s also been going to meet-and-greets and campaigning in black churches, a campaign aide said, and will begin rolling out his policy proposals in April.

Rep. Garnet Coleman, D-Houston and a key supporter of White, said the May 22 contest is a fresh start.

Andrew White

“Runoffs are brand-new races,” said Coleman said. “He has an opportunity to win it or make it close. That would be great for Texas Democrats.”

[…]

Though largely unknown outside of North Texas, Valdez has significant advantages over White for their runoff.

She’s perceived as a progressive and more in line with the liberal voters who dominate the primary process. As Dallas County’s first Hispanic, lesbian and female sheriff, she appeals to several demographic groups within the liberal wing of the party.

“We need to build a new Texas,” Valdez said last Saturday in Collin County. “It’s time to change Texas, and we are the ones to make that change.”

Doing a lot of in-person events is a decent way to win a primary runoff, but not so much for building your name for a general election. You have to win the race you’re in, though, so I can’t criticize. I can, however, continue to be snippy about the lack of debates currently planned, which would be a step in the direction of raising everyone’s name ID. I’m really hoping we get something – preferably more than one something – on the calendar soon.

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.

Texas blog roundup for the week of April 2

The Texas Progressive Alliance believes that everyone counts and everyone should be counted as it brings you this week’s roundup.

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