Off the Kuff Rotating Header Image

Tony Buzbee

Buzbee for Mayor?

Oh, good grief.

Tony Buzbee, a high-wattage trial lawyer, big-time political donor and Texas A&M University System regent, says he is running to be the mayor of Houston in 2019.

“The mayor’s race in Houston traditionally has been as boring as watching paint dry,” Buzbee said on Fox26 Houston Tuesday night, when he announced his bid. “I think that we have a city that is above average with below average leadership, and I’m considering very seriously, because there’s a lot of people asking me to do this, running for the mayor of this town.”

When pressed, Buzbee confirmed he is running and would donate his mayoral salary, if elected, to “a random voter that I choose every year.”

[…]

Buzbee, a former Marine, has a roster of high-profile clients to his name, including former Republican Gov. Rick Perry, whom he successfully defended in an abuse-of-power case.

Buzbee was appointed to the A&M System Board of Regents in 2013, by Perry, and has been known to host raucous and politician-studded parties at his River Oaks mansion, including a 2016 fundraiser for then-presidential candidate Donald Trump.

Last year, he was rebuked by a local homeowner’s association after he parked an operational World War II-era tank outside his house.

So basically, one part Ben Hall, one part Bill King, and one part MAGA bro. If that’s not a winning combination, I don’t know what is. The Chron has more.

Back to Buzbee

Looks like we’re not done with this yet.

Kim Ogg

Prominent Houston lawyer Tony Buzbee on Monday accused Harris County District Attorney Kim Ogg of “playing politics,” saying prosecutors are trying to revive a DWI case against him that has already been expunged.

Buzbee said Ogg’s office has filed a sealed motion seeking to reopen the criminal case by overturning a decision last month by a civil court judge that expunged the case files.

The district attorney’s office declined to comment on the details of the motion.

“We have filed a document that was sealed by the clerk,” said First Assistant District Attorney Tom Berg by e-mail. “As a result, we are not at liberty to discuss that document.”

Buzbee said Ogg singled him out because outgoing District Attorney Devon Anderson personally dismissed his case in the days before she left office at the end of the year.

“Ms. Ogg’s new position is that she didn’t personally sign the agreed motion, and the assistant DA who did so lacked her express permission,” he said Monday by email. “Of course, he says he did have that authority. So, I guess those two can fight about that.”

He called information that has been released about his case “bunk” and said his driving while intoxicated case last year was dismissed not as a political favor by the outgoing Republican but “due to multiple irregularities.”

[…]

Buzbee was arrested a year ago on suspicion of DWI and vowed to go to trial. Instead, Anderson personally dismissed the case, saying the attorney had fulfilled the obligations of a pre-trial intervention program.

However, his conditions were less onerous than the obligations for others who went through Anderson’s DWI intervention program, called DIVERT, which typically lasted a year. And he was allowed to expunge his case immediately, though others have been required to wait two years.

The diversion contract, which typically is placed in the public court file, was not filed publicly. The Houston Chronicle filed a request under the Texas open records law to obtain a copy of the contract, but Buzbee was able to block the request by claiming a third-party interest.

The DA’s office under Anderson then sent it to the Texas Attorney General’s Office for a ruling on whether it was public information; the ruling is pending.

Last month, the public file was sealed by an expunction approved by civil court Judge Robert Schaffer. The criminal file reappeared online Monday, however, on the Harris County District Clerk’s website.

Buzbee said Monday that a motion has been filed under seal in the civil case to reverse the expunction.

“In that motion to set aside, the DA takes a position that her assistant DA had no authority to agree to the expunction – which is an outright misstatement of the law, and which is factually untrue because he claims he did in fact have her express permission,” Buzbee said.

See here and here for the background. The way this case was handled sure looked weird, and the timing of it all, which was after Devon Anderson lost her bid for re-election but before Kim Ogg was sworn in, was awfully convenient. It may well be that there was nothing untoward and that the case against Buzbee was a loser that was never going anywhere, but I’m not inclined to just take his word for it. That said, Kim Ogg has a lot of big fish to fry, and she started out with a big target on her back as the first Democrat to be DA in a million years who has big reform plans and who fired a bunch of her predecessor’s people. Oh, and she’s also a lesbian, which drives some people absolutely crazy. My point is, she already has plenty of enemies, and plenty of obstacles to achieving her goals as DA. Tony Buzbee is an obnoxious blowhard, and the circumstances of his case are extremely fishy. But unless some actual malfeasance is uncovered, I don’t know how much time and energy it’s worth to pursue.

More on the Buzbee DUI saga

This just keeps getting weirder.

Devon Anderson

“It appears to have been an under-the-table deal with Devon Anderson,” said Tyler Flood, the president of the Harris County Criminal Lawyer’s Association. “I already have clients calling me saying they want the ‘Tony Buzbee deal.'”

Flood and other defense lawyers have questioned the treatment Buzbee received from Anderson and the judge presiding over the case.

[…]

A request to the district attorney’s office for a copy of the pretrial diversion contract, which outlines conditions and consequences of failing to meet those conditions, was sent to the office’s general counsel, who said lawyers for Buzbee have objected to its release. Such contracts generally are publicly available. The office of general counsel said Buzbee’s lawyers have informed it that they will seek an order from the Texas Attorney General’s Office forcing the district attorney to withhold the contract.

[…]

Another reason this case and its resolution is unusual is that the judge presiding over it is the only jurist in Harris County who does not allow pretrial diversions for DWI cases. County Court-at-Law Judge Bill Harmon is opposed to any DWI pretrial diversion program and often cites Harris County’s record number of drunken-driving fatalities as the reason.

When a DWI case eligible for the pretrial diversion program lands in his court, it is often transferred to a different court. That did not happen in Buzbee’s case.

Earlier this week, Harmon acknowledged that he signed the dismissal forms and said he had not approved any diversion for DWI suspects. He said he would continue to refuse to participate in the program.

It’s those inconsistencies that bother Flood and other members of the Harris County Criminal Lawyers Association.

“Our target is not Tony Buzbee. That’s not what HCCLA is about. He hired good lawyers and got a good result,” Flood said. “Our problem is the appearance of impropriety between the district attorney and the judge.”

The deal Buzbee was able to obtain from Anderson was extraordinary, Flood said.

“He’s the only person in the whole county who is not excluded from filing for an expunction immediately after his case is dismissed on a DWI on a pretrial intervention.”

See here for the background. It’s weird enough that any of this happened, but it’s possible to imagine that there’s nothing untoward about any of it, it was just maybe handled in a clumsy fashion. But for Buzbee’s attorney to then file to keep the normally-public pretrial diversion contract under wraps, I mean that’s like putting up a giant blinking neon sign saying “THERE IS SOMETHING SUSPICIOUS HERE THAT WE DON’T WANT YOU TO SEE”. Under no circumstances should that file be withheld from public scrutiny. Let’s make the facts known, and then we can see if there’s something that requires a response.

Do the words “appearance of impropriety” mean anything to you?

Seriously?

Devon Anderson

Outgoing Harris County District Attorney Devon Anderson personally has dismissed the drunken-driving case against prominent Houston lawyer Tony Buzbee.

Buzbee, who was arrested on March 31, had his case dismissed Dec. 9, after completing “pretrial intervention” a type of informal probation that, if successfully completed, means a case will be tossed. It is common among first offenders, especially shoplifters or other nonviolent crimes.

On Monday, Anderson stood by her decision and issued a brief statement: “Based on the circumstances of the case, this was the right thing to do. He qualified for pretrial intervention and completed all of the requirements typically mandated for a first offender DWI defendant,” she said. “He did not contribute to my campaign in 2016 cycle.”

The dismissal raised eyebrows around the courthouse for several reasons.

First, the elected district attorney signed off on the case personally, which is exceedingly rare, especially misdemeanors.

Second, the DWI pretrial intervention program, which lets people walk away from their first offense without a conviction, generally lasts a year. Buzbee went from arrest to completion in just over 8 months.

Also, the judge presiding over the case is the only jurist in Harris County who does not allow pretrial diversions for DWI cases. The DWI pretrial diversion program, formerly known as DIVERT, has firmly drawn guidelines – the terms of which generally are spelled out in a contract that a judge signs off before it begins. There is no such contract in Buzbee’s file.

Generally, when a DWI case that is eligible for the pretrial diversion program falls in County Court at Law Judge Bill Harmon’s court, it is transferred to a different court. That did not happen in Buzbee’s case.

[…]

Buzbee said it was “silly” to link political connections to a dismissal by the elected district attorney 21 days before she leaves office.

“I give money to most of the politicians in Houston and the state of Texas. To try to connect one thing to the other is silly.”

Courthouse observers said Buzbee’s statement makes the dismissal look like a gift from Anderson as she prepares to leave the office.

“Based on what (Buzbee) said, this is definitely not a diversion. If it’s not, then it is nothing but a political favor,” said JoAnne Musick, past-president of the Harris County Criminal Lawyer’s Association. “Unless (Anderson) just completely lied on a court document, because it appears, on the dismissal, that he completed a diversion – that he participated in some sort of program in lieu of prosecution.”

Buzbee claimed that the case was dismissed for lack of evidence, but that’s not what the form indicates. Maybe there’s nothing to any of this – I’m not a lawyer, I don’t know how these things work – but if so, it would be nice to hear that from someone who isn’t Devon Anderson or Tony Buzbee. Maybe there are more people who got a similar “early dismissal” of their nominally year-long diversion program. Maybe Devon Anderson had a specific reason for intervening on this one case. Maybe the dismissal form was filled out incorrectly and it really was a lack of evidence. Maybe there’s something else we don’t know about. Because if not, on the surface this sure looks like special treatment for a big shot. The Press has more.

(There’s now a bigger controversy breaking out at the DA’s office. I didn’t have a chance to get to it yesterday, but I’ll have something to say about it tomorrow.)