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Elijah Cummings

It’s not an apology that’s needed

This may make for good rhetoric, but it’s not what the goal should be.

Still the only voter ID anyone should need

Congressmen Joaquin Castro and Lloyd Doggett on Friday demanded Gov. Greg Abbott apologize to Texas voters for attempting to purge as many as 95,000 people from Texas voter rolls and said Congress should sue for state records that could show how the plan unfolded if state officials continue to stonewall.

The Texas Democrats said Congress should use every tool at its disposal to investigate the purge they said would have suppressed Latino voter turnout in hopes it will prevent a repeat before the 2020 elections.

“I want them to really put the screws on the governor’s office that it looks like has coordinated an attack on our democracy,” said Castro of San Antonio. “It’s important that we make sure this doesn’t happen again, because if they feel like they got away or they got away with it, then I think they’ll do it again.”

[…]

Castro said he expects the congressional committee to request documents from Texas state lawmakers who may have received some relevant records and signed non-disclosure agreements. After exhausting those and other options, he said he would urge the committee to take Texas to court for records.

“If they have nothing to hide, why wouldn’t they turn those documents over? If we don’t get it, then we should sue,” Castro said.

Doggett, whose district stretches from San Antonio to Austin, said “no tools will be off the table. We’re going to take whatever steps are necessary.”

[…]

Agencies have largely declined to release internal communications that could show how the attempted voter purge was conceived or how the error-ridden list of suspected non-citizens was vetted before its release. In declining to release its own emails, the governor’s office has cited broad exemptions, including attorney client privilege and deliberative process.

Joe Larsen, a first amendment attorney with Houston-based Gregor Cassidy, PLLC, said the governor’s office should have to provide those answers.

“There’s a vital public interest in the disclosure of this information,” he said.

The state also has not released the list of more than 95,000 registered voters that were flagged as potential non-citizens.

That’s a departure from 2012, when the state made public the records used to create an erroneous list of dead people it tried to purge from the voter rolls. Then, the Houston Chronicle found the state had mistakenly matched living voters with deceased strangers from across the country.

See here for some background. I’m mostly interested in the “urge the committee to take Texas to court for records”, because I think the only way to get these records is going to be via court order. There’s just no way Abbott et al will give them up voluntarily. They don’t think they need to, and they don’t see themselves as being answerable to Democratic politicians. Taking this to the courts, and voting these unaccountable princelings out of office at the next opportunity are the answers.

“Laggards”

You can do something about that, you know.

Best mugshot ever

The Maryland congressman leading an investigation into the error-filled effort to purge suspected noncitizens from Texas voter rolls referred to Texas officials as “laggards” who are taking a “minimalist approach” to satisfying demands on Capitol Hill for emails that could show the origin and motivation for the program.

Jamie Raskin, a Democrat who chairs the Oversight Subcommittee on Civil Rights and Civil Liberties, says his panel will continue to aggressively press Texas for documents despite the resignation last week of Secretary of State David Whitley after scrutiny of the botched effort. Whitley’s five-month tenure in the job ended after state Senate Democrats blocked his appointment.

Raskin said that Georgia, another state under investigation, has sent hundreds of thousands of pages of materials to Washington. But Texas, he said, is cooperating “minimally” and treating the congressional demand as “some kind of unlawful imposition.”

“We’re going to continue to press for meaningful disclosure,” he said. “The sudden departure of the Texas secretary of state only makes us that much more determined to get all the information we sought.”

[…]

A spokesman for the Texas secretary of state’s office said 3,600 pages have been turned over to the panel. In a letter to Raskin and Cummings on May 29, Adam Bitter, the office general counsel, wrote that barring a ruling from Paxton “we do not anticipate producing additional documents in response to your request.”

Raskin observed that his panel has subpoena power, albeit not yet invoked. The back-and-forth suggests an impasse that could wind up in the courts – a likely destination of other disputes simmering at present between Congress and the White House.

See here, here, and here for the background. I mean, this is one of those times where I do believe what Paxton’s office has to say. The only way the committee, and by extension the public, is going to get any more information out of them is by forcing them to cough it up. That starts with a subpoena, and ends with a court order. Seems to me there’s no reason not to get that process started now.

One simple thing the Republicans could do to maybe get David Whitley confirmed

This is a long story about how Democratic Senators are being very careful to either be in attendance at all times or get a commitment that there won’t be a vote on Secretary of State David Whitley in the event they have to be absent. This is because it takes a two-thirds vote of the Senators who are present for him to be confirmed. With a 19-12 split in the Senate and all Dems committed to opposing Whitley, one Dem could be missing and preserve the margin, but if two are out then the Republicans could bring it up and push it through. Dems have not given them that opportunity, and want to keep it that way in the waning days.

Which got me to thinking there might be a shananigan-free way to resolve this that doesn’t put Dems like Sen. Menendez (who will miss his son’s fifth-grade graduation to maintain numbers) in a spot. I for one would be willing to let Dems vote for David Whitley if Ken Paxton fully cooperates with the House Oversight Committee, and turns over every document they ask for in a timely fashion. Paxton of course should do this without needing to be coerced, but that’s politics. Anyway, it’s a simple enough deal. We’ll give you Whitley, you give Elijah Cummings and Jamie Raskin the docs they seek. Your move, guys.

(Note: I am in no way authorized to speak for any Democratic Senator, nor do I intend to. Other people may well think this proposal is hot garbage. I’m just saying that we want things and they want things, and this is one possible way for both of us to get those things. Your mileage may vary.)

Paxton again refuses to comply with House Oversight Committee

It’s like he has no interest in oversight, or something.

Best mugshot ever

Texas Attorney General Ken Paxton’s office this week again denied a request for a records by a U.S. House panel seeking to investigate the state’s botched voter purge program.

[…]

While the Attorney General’s office has refused to release documents, Secretary of State David Whitley’s office said Tuesday it has released more than 1,000 pages of documents in response to the request and plans to produce more by the end of the week now that the federal lawsuit has been settled.

Whitley’s office continues to withhold other documents it says are exempt from disclosure because of attorney-client privilege.

First Assistant Attorney General Jeff Mateer in a letter Monday reiterated his claim that the House committee lacks the authority to force the secretary of state to produce documents.

Rep. Jamie Raskin, D-Md., chairman of the Oversight Subcommittee on Civil Rights and Civil Liberties, has rejected that claim but last month stopped short of threatening a subpoena if the Texas officials don’t hand over the documents requested — including emails with Gov. Greg Abbott and Trump administration officials about the attempted voter purge.

In the letter Monday, Mateer said the ability of Congress to pass laws to protect voter rights does not “override the inherent and reserved power” of the state to maintain its own voter rolls.

“Granting Congress the power to exercise ‘oversight’ over the constitutional officers of a state engaged in the lawful exercise of that state’s core authority would undermine the fabric of our system of dual sovereignty,” Mateer wrote. “In this case, that risk would be made particularly acute by the committee’s attempt to force the constitutionally-designated attorney for the State of Texas to divulge privileged and confidential communications with a client concerning the client’s enforcement of Texas law.”

Mateer added that the committee lacked a “valid legislative purpose” for the investigation, which the committee has disputed.

See here and here for the background. Note the similarity in the responses by Jeff Mateer and Donald Trump’s attorneys. It’s not an accident or a coincidence. I say it’s time to break out the subpoenas, and to go to court as needed to enforce them. If this is how they want to play this, then let’s quit fooling around and cut to the chase.

Congressional Republicans seek to halt SOS voter purge inquiry

I know, I’m as shocked as you are.

Still the only voter ID anyone should need

Republicans are challenging the authority of a U.S. House panel to investigate the Texas effort to purge thousands of suspected non-citizens from voter rolls, contending in letters Monday that a recent request for documents has no “valid legislative purpose.”

Rep. Chip Roy, R-Dripping Springs, and three other Republican members of the House Oversight and Reform Committee asked the committee to halt its investigations in Texas and related efforts in Georgia and Kansas.

“Your letters rely in large part on unverified media articles to suggest misfeasance or malfeasance in administering various state election laws and elections held in each of the three states,” the letter reads.

In separate letters to Texas Attorney General Ken Paxton and Texas Secretary of State David Whitley, the Republican congressmen suggest that Texas doesn’t need to comply with a request for documents because the “inquiry does not appear to have a valid legislative purpose and instead seeks confidential communications among state officials.”

[…]

[Committee member Rep. Jamie] Raskin, a law professor before he ran for Congress, asserted that Congress has the power and obligation to enforce voting rights under five separate constitutional amendments.

He said “indignant” Republicans might want to review letters written by the GOP-led Oversight Committee to states investigating the Affordable Care Act.

“It would be best if our GOP colleagues joined us in protecting voting rights, but at the very least they should stop trying to prevent us from doing our constitutionally mandated work,” he said in a statement. “Far from raising the ‘federalism concerns’ of Reps. Jordan, Hice, Cloud and Roy, this is serious federalism in action. Our colleagues should get used to it.”

See here, here, and here for the background. I say cry havoc and let slip the dogs of, um, subpoena power. The Republicans are gonna do what the Republicans are gonna do, so let’s just skip to the part where the courts sort it out.

Paxton gives the middle finger to House Oversight Committee

I’m sure you’re as shocked as I am.

Best mugshot ever

Facing an investigation over the state’s botched efforts to screen its voter rolls for noncitizens, the Texas Attorney General’s Office is declining congressional leaders’ request for information about the review.

In a Thursday letter to top officials with the House’s main investigative committee, Jeffrey Mateer, the state’s first assistant attorney general, indicated the state was brushing off a request for documents and communications from the Texas secretary of state and attorney general because the committee lacks “oversight jurisdiction.”

Instead, Mateer wrote, the state will treat the congressional inquiry as a public information request under state law, which grants the Texas attorney general’s office broad control over what information can be withheld from the public.

“We do not interpret your letter to be a subpoena issued under applicable House Rules. Nor do we consider it a request for information under any applicable federal law,” Mateer said. “For the foregoing reasons, and because the House Committee on Oversight and Reform and its subcomittees lack oversight jurisdiction over constitutional officers of the State of Texas, we must interpret your request under Texas state law.”

[…]

A spokesperson for the committee did not immediately respond to a request for comment regarding the AG’s letter. But in announcing the Texas investigation — part of a broader probe of voting irregularities in multiple states — Cummings and Raskin cited their authority to investigate “any matter” at “any time” under the rules of the U.S. House of Representatives. The committee has the authority to issue subpoenas. Raskin chairs a subcommittee on civil rights and civil liberties.

See here and here for the background. I wish I could say I was surprised by this, but it’s about as surprising as a humid morning in July. What happens next is probably a subpoena, but after that it’s anyone’s guess.

The committee said in response to Paxton’s letter that it still expects to receive the documents.

“The right to vote is guaranteed by the U.S. Constitution, and Congress is charged with protecting and defending the Constitution,” the committee said in a statement.

“Congress has an independent responsibility to investigate violations even when there may be separate litigation involving the same or similar matters. We expect full compliance with the Committee’s request.”

A committee spokesperson would not address a question about the use of a subpoena to obtain the emails and other documents.

[…]

Joe Larsen, a Houston lawyer and board member of the Freedom of Information Foundation of Texas, said even if the House does file a subpoena, the Attorney General could decline to cooperate.

The larger legal question of whether the committee has jurisdiction in a state matter may ultimately have to be solved by a court, Larsen said.

Normally, congressional oversight is for the executive branch, which does not include states, he said.

“It’s the idea that the federal government cannot be micromanaging what’s going on in the states unless that power is directly given to them by the Congress,” Larsen said.

But the committee could make the argument that it has the right under the “necessary and proper clause” of the Constitution to ensure that federal laws such as the Voting Rights Act aren’t being violated.

“That’s going to be a fight,” Larsen said. “It’s a fair argument on both sides.”

Better hope the courts are sympathetic to that line of reasoning. Our next chance to hold these amoral assholes accountable isn’t until 2022, and we can’t afford to wait that long.

Failing upward

Must be nice.

Still the only voter ID anyone should need

The day after David Whitley took office as Texas secretary of state on Dec. 17, he received a 49 percent pay raise thanks to his friend and political patron, Gov. Greg Abbott.

In a Dec. 18 letter to the Legislative Budget Board, the governor’s chief of staff said Abbott was using his authority to immediately raise Whitley’s annual salary to $197,415.

That’s almost $64,500 more than the $132,924 paid to Rolando Pablos, the Abbott appointee who was secretary of state before Whitley.

The raise, revealed in a footnote in a Legislative Budget Board document as part of the current budget process, meant Whitley still took a pay cut from his $205,000 salary as the governor’s deputy chief of staff — although the footnote said the letter was sent Dec. 8 instead of Dec. 18.

Whitley began working for Abbott in 2004 and spent almost four years as the then-attorney general’s travel aide, driving Abbott across Texas and helping him move from automobile to wheelchair. Abbott and his wife, Cecilia, grew to consider Whitley as almost part of their family, according to a recent Dallas Morning News profile of the secretary of state.

A priori, I don’t have an issue with bumping up the SOS salary so as to not give a guy a big pay cut. The problem is with the sheer incompetence. I mean, in a way I’m glad Whitley has been so bad at his job, because that has prevented him from doing any real damage so far. But the SOS has responsibilities beyond voter registrations, and I don’t see any reason to believe David Whitley will be good at any of them, either.

I’ll say this for Whitley, he’s staying positive in the face of all that pushback.

In his first public comments on the matter, acting Texas Secretary of State David Whitley last week pledged to cooperate with Congress, which has opened an investigation into his error-laden voter roll review that has Democrats howling voter suppression and has threatened his confirmation as the state’s top election officer. Whitley, on a visit to a school in the Rio Grande Valley, also expressed his confidence that he will ultimately be confirmed by the Texas Senate despite opposition by every Democrat in the chamber.

“I’m not worried about that. Those senators are my friends,” Whitley told reporters after speaking to several hundred students at Edinburg North High School about the importance of voting. Whitley added that he has worked with each state senator over the last four years during his previous job overseeing the governor’s appointments across the state. But now, “all I can do is do the best job I can as secretary of state.”

While fulfilling his duties as the state’s top elections official, Whitley said he will also “fully comply” with the U.S. House Oversight and Reform Committee investigation that was announced a day earlier. “We will fully comply. We have absolutely nothing to hide,” Whitley said. “We’ll read it thoroughly and make sure we turn everything over as required by law. Absolutely.”

See here for the background. I have no idea why Whitley thinks Senate Dems will change their minds about him, but hey, keep hope alive. In the meantime, those Congressional Dems have set a date for those documents they want.

“We want to get to the bottom of what happened in Texas,” Rep. Jamie Raskin, D-Md., chairman of the Oversight Subcommittee on Civil Rights and Civil Liberties, said in an interview.

The powerful committee, under Democratic control for the first time since 2011, gave acting Secretary of State David Whitley until April 11 to produce a host of documents related to his assertion in January that nearly 100,000 registered voters in Texas may not be citizens.

[…]

Raskin stopped short of threatening a subpoena if the many documents requested – including emails with Gov. Greg Abbott and Trump administration officials – aren’t turned over.

“We have the authority to order these documents to be produced and we have subpoena power if we need to use it. We’re very serious about this,” he said.

I have a hard time believing that Greg Abbott and Ken Paxton will just blithely hand over all their files to a bunch of Democrats. It’s just not consistent with everything we know about them. I think they will hand over as little as they think they can get away with, and will feel free to redact and claim executive privilege as it suits them. If this all goes off without subpoenas or a court fight, I will be surprised. We’ll know soon enough.

Congress to investigate bogus SOS advisory

Elections do have consequences.

Still the only voter ID anyone should need

The U.S. House’s main investigative committee has opened an inquiry into the Texas secretary of state’s review of the voter rolls for supposed noncitizens.

In letters sent to top Texas officials on Thursday, U.S. Reps. Elijah Cummings, the Democratic chair of the Committee on Oversight and Reform, and Jamie Raskin, D-Maryland, requested documents and communications from the secretary of state and the state’s attorney general related to the review through which state officials tagged almost 100,000 registered voters as suspect voters.

Texas officials rolled out the review effort in late January, shipping off lists of flagged voters to county voter registrars in what they described as routine maintenance of the state’s massive voter registration database. But state officials’ efforts have been dogged by errors in the data and litigation in federal court, which ground the entire review to a halt over concerns by a federal judge that it targeted naturalized citizens.

“We are disturbed by reports that your office has taken steps to remove thousands of eligible American voters from the rolls in Texas and that you have referred many of these Americans for possible criminal prosecution for exercising their right to vote,” the congressmen wrote to Secretary of State David Whitley.

[…]

In their letters, Cummings and Raskin — who chairs a subcommittee on civil rights and civil liberties — cited their authority to investigate “any matter” at “any time” under the rules of the U.S. House of Representatives. Noting they’ve examined state voting issues in the past, they requested all sorts of communications between state agencies involved in the review, as well as any communications with Trump administration officials.

You can see a copy of the letter here. I look forward to seeing what this turns up, as I’m quite certain that there are things we do not yet know about this fiasco. Whitley should expect some sharper questions, though he will have some supporters as well, as the committee includes Reps. Michael Cloud and Chip Roy, who is a minion of both Ted Cruz and Ken Paxton. The DMN, the Observer, and the Chron have more.