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Johnny Sutton

Another Schwertner update

The investigation is happening.

Sen. Charles Schwertner

The University of Texas on Monday acknowledged it has received a complaint about state Sen. Charles Schwertner from a student, and that it has collected evidence as part of an investigation into him, marking the first official acknowledgement of the school’s inquiry into whether Schwertner sent a sexually explicit photo and message to a graduate student he met this summer.

The American-Statesman reported two weeks ago that the school was investigating the allegation against the Georgetown Republican, and that it was considering banning him from campus if the allegation was proven true. The newspaper cited three senior UT officials with knowledge of the investigation who spoke on the condition of anonymity, because they were not authorized to discuss the situation.

A university spokesman at the time declined to answer questions about the investigation, saying UT does not confirm or comment on ongoing investigations. Monday’s confirmation came in a letter from the university to the Texas attorney general’s office that seeks permission to withhold records that the Statesman requested two weeks ago.

[…]

Schwertner, who could not immediately be reached for comment Monday afternoon, has maintained that he did not send the message and image, though he hasn’t provided an explanation for what happened. He has not denied that the image and the message were sent to the student, nor has he explained how they could have been sent if not by him.

His lawyers’ statement last week included results from a polygraph test that appeared to show Schwertner was not lying when he said he did not send the message and image. However, the test left several significant questions unasked, including whether the image sent to the student was of Schwertner, and whether Schwertner knew who sent the image and message.

See here for the previous update. Schwertner’s attorneys had said there was an investigation, now we know that UT has confirmed that, and we know some more of the background. AG Ken Paxton will issue an opinion about what information UT is required to turn over to the Statesman about it all – my guess is he’ll say that most of what UT has is protected – and at some point we’ll know the results of this investigation. I would guess that everyone involved would rather have this wrapped up sooner and not later.

As for what Schwertner has and has not denied: Like I said before, it’s a pretty straightforward matter to determine whether or not a message was sent from a given phone. Even if stuff had been deleted, service provider records and basic forensic tools would provide the answer. The bigger question is, if Schwertner himself did not send the messages, who did? One presumes only so many people have access to his phone. Yes, his phone could have been hacked, but that’s harder to do than you might think, and anyone who wanted to break into his phone would probably want to steal information from it, not use it as a front for forwarding sexy pictures. Be that as it may, as before a competent IT security professional would be able to suss that out. I don’t want to speculate ahead of the evidence so I’ll leave it here. Let’s just say I’m eagerly awaiting the outcome of this investigation. Also, too, Meg Walsh.

Investigating Schwertner

Another update.

Sen. Charles Schwertner

Lawyers for state Sen. Charles Schwertner, a Georgetown Republican alleged to have sent lewd messages to a graduate student, said Wednesday that the University of Texas at Austin has hired former federal prosecutor Johnny Sutton to help investigate the accusation.

[…]

Schwertner is “devastated that the graduate student involved received any texts of this nature from anyone,” the lawyers, Perry Minton and David Minton, said Wednesday in a press release that also said the senator had taken a polygraph test and that the results backed his denial.

By hiring Sutton “to help resolve this matter, the University has engaged one of the most experienced and fair-minded investigators around,” the lawyers said. Sutton was recently contracted by UT to conduct an internal review, after a former employee of the law school was arrested amid a fraud investigation involving potentially millions of dollars.

See here, here, and here for the background. It would be nice to have some idea how long this investigation may take, but at least everyone agrees that the investigator is aces. One hopes this means he’ll actually talk to the woman who made the complaint.

In the meantime, Schwertner has a complaint of his own.

Schwertner’s attorneys on Wednesday also called on the University of Texas to issue a statement exonerating Schwertner.

“The leak by three senior University officials is in clear violation of state and federal laws,” the Mintons said. “Additionally, these officials deliberately set out to leak these false allegations to the press in order to damage Senator Schwertner in the middle of a political campaign. There is no other plausible explanation.”

The attorneys said the administrators should be fired for compromising the integrity of their investigation.

Actually, another plausible explanation I can think of is that someone with knowledge of the investigation had leaked about its existence because they thought it was a sham that was on its way to becoming a coverup. They got the word out about it while they still could to prevent that outcome. I have no idea if this is remotely true – it is certainly possible that there was a political motive at play here, or maybe there was some other reason for what happened – but I can spin a hypothetical as well as Schwertner’s attorneys.

And so, the final word goes to Meg Walsh, from the inbox:

The investigation of Senator Schwertner’s inappropriate text must be fully investigated without threats or retaliation from the Dan Patrick, State Senators or any other person.

I call upon the State Senate to reverse its decision to take a “sit and wait approach” and also launch a full investigation into this matter.

Women must be believed and heard when these incidents occur, no matter if the offender is a boss, friend, U.S. Supreme Court nominee or Texas State Senator.

From my years of experience helping survivors of sexual assault, law enforcement and the University of Texas are doing the right thing to in keeping the survivor anonymous.

Speaking out about harassment is a courageous and vulnerable act in seeking justice. Women must be believed and supported, plain and simple.

“If these allegations are true, Senator Schwertner is unfit to serve in office.”

We’ve seen everything Meg Walsh is talking about right there in Washington. Let’s not have a repeat of it in Austin.

Johnny Sutton resigns

As is the norm when a new President is inaugurated, US Attorney Johnny Sutton of the Western Judicial District of Texas has resigned his position.

Sutton’s resignation was voluntary, [spokeswoman Shana] Jones said, and his future plans were not immediately disclosed. He was not available for comment.

U.S. Rep. Lamar Smith, R-San Antonio, the ranking Republican on the House Judiciary Committee, said Sutton “did a good job overall as U.S. attorney.”

Appointed to the office by President George W. Bush in 2001, Sutton followed a time-worn practice of stepping down to allow a new president to nominate a replacement.

[…]

The resignation leaves a vacancy in the Western District of Texas, which includes San Antonio, Waco, Del Rio, Austin and El Paso.

There are also U.S. attorney vacancies in the Southern District, which includes Laredo and Houston, and the Northern District, which includes Dallas.

Texas’s two U.S. senators and congressional Democrats will now begin vetting candidates for the positions.

The delegation will offer candidates to Obama, whose final nominees will need Senate confirmation.

Lawyers who have expressed interest in Sutton’s post include Juanita C. Hernández with the Securities and Exchange Commission; Mike McCrum, a former federal prosecutor; San Antonio City Attorney Michael Bernard; and Travis County Attorney David Escamilla.

Also interested are: Austin lawyer Scott Hendler; Robert Pittman, a U.S. magistrate judge in Austin; and John Murphy, a Western District federal prosecutor.

The only name on that list with which I’m familiar is David Escamilla; if anyone knows anything about these folks, please leave a comment. As with the vacancy in Houston, I hope and expect that Democratic applicants be given priority. Assuming that Sen. Cornymandias doesn’t try to change the rules, of course.

The next US Attorney in Houston

Now that we finally have an Attorney General, we also have a lot of people who would like to work for him.

The U.S. attorney wannabes who confirmed for the Houston Chronicle that they are interested are Harris County District Judge Marc Carter, Galveston County District Judge Susan Criss, lawyer and ex-prosecutor Philip Hilder, Assistant U.S. Attorney Cedric Joubert, Assistant U.S. Attorney Ken Magidson, lawyer and ex-prosecutor Ricky Raven, lawyer and ex-prosecutor Eric Reed, lawyer Larry Veselka and lawyer and ex-prosecutor Susan Strawn.

U.S. Rep. Lloyd Doggett, D-Austin, is collecting applications. His office confirmed that Assistant U.S. Attorney Mark White III and Cameron County District Attorney Armando Villalobos have expressed interest in the job.

Some others whose names are being discussed have pulled themselves off or seem equivocal.

Brownsville lawyer Benigno “Trey” Martinez said he is out of the race since he decided not to uproot his family. Ex-Houston Police Chief Clarence Bradford said he was encouraged to seek the position but probably won’t.

The U.S. Southern District of Texas, headquartered in Houston, covers 43 counties and runs down the coast from Galveston to Brownsville and as far west as Laredo. The Houston-based U.S. attorney is one of four top federal prosecutors in Texas.

Those four prosecutors are Tim Johnson of the Southern District, who was an interim appointment, Johnny Sutton of the West District in San Antonio, James T. Jacks of the North District in the Metroplex, and Rebecca Gregory of the East District in Beaumont. I don’t know what the normal procedure is here for US Attorneys when there’s a new President, especially one of a different party, but I would assume at least one more of these offices will open up. Not to be too crassly political about it, but given the thinness of the Democrats’ bench for statewide office, these would be plum positions for someone with higher ambitions.

Most of those seeking the job are Democrats, though Magidson just finished filling a Republican term as Harris County district attorney. White’s father was the former Democratic Texas governor. Hilder and Veselka were active in President Barack Obama’s campaign.

And Judge Marc Carter is a Republican as well. I’m happy for him that he’s interested in the job, but with all due respect, he can get in line behind the Democratic hopefuls.