Monday, November 29, 2010

Thanksgiving Leftovers Wrangle

Turkey sandwiches? Turkey tetrazzini? Turkey enchiladas? The Texas Progressive Alliance hopes you got your RDA of l-tryptophan last week as it brings you the blog highlights.

Off the Kuff celebrates the DeLay verdict.

Bay Area Houston has a visual suggestion to the judge in the Tom DeLay trial regarding the sentencing.

Did employers or their representatives provide 'assistance' to their employees as they voted in La Joya? CouldBeTrue of South Texas Chisme would really like to know.

Public Citizen over at TexasVox is getting ready for the sunset hearings on the TCEQ and Railroad Commission, coming up December 15-16, by looking at a national report which gives Texas' regulatory agencies a D-.

Lightseeker at Texas Kaos raises a red flag over the morphing of the MSM coverage of Tom DeLay's conviction. In his piece entitled The DeLay verdict - Politics as usual? Crime and Punishment? Why it Matters he argues that this is simply a case study in why we find it so hard to get our message out. Either out of boredom or malice or laziness or simple lack of time or understanding, the MSM often carries water for the other side in how they cover/frame important issues. And he wonders what can be done about that.

Republicans in the Texas Legislature filed a series of anti-immigrant bills, so Stace at DosCentavos asks: Are You Willing to Boycott Texas? It's a serious question that will come up as these bills go through the process and quite possibly get to the floor.

Sen Jeff Wentworth pre-filed legislation for the coming session that eliminates straight-ticket voting. PDiddie at Brains and Eggs thinks he's a lone voice of reason on the right.

Reverend Manny at BlueBloggin takes an in depth look at freedom of speech. On the whole the September FBI crackdowns are symbolic, and a local reminder, of an international repressive wave against transparency, criticism and rational open dialogue. Read The Front Lines of Reality: An International Perspective on the Battle over Free Speech.

WhosPlayin brings you a video tour of a modern drilling rig that one company is using to drill in urban areas in the Barnett Shale.

Neil at Texas Liberal visited Austin this past week for Thansgiving dinner. He enjoyed the late night drive back home to Houston a great deal. Neil liked this ride so much he wrote a blog post listing seven reasons the ride was so enjoyable.

Friday, November 26, 2010

DeLay's appeals process moves to 3rd CCA

The Hammer's prospects are already a little brighter.

The conviction of Tom DeLay, once one of the most powerful Republican wheelers-and-dealers in Congress, marks the beginning of a lengthy and vehement appeals process that will seek to cleanse the name and record of the former House majority leader.

DeLay's lead attorney, Dick DeGuerin, expressed confidence on Friday the Third Circuit Court of Appeals in Austin will rule in his favor because it has in the past. Add to that a varied assortment of available arguments, and DeGuerin and law experts say they're convinced this is only the start of what will become a precedent-setting case.

Here are the Justices who comprise the 3rd CCA. But the list isn't up-to-date. From the Austin Chronicle:

Still, (Judge Jeff Rose's) appointment to the 3rd Court means the influential bench – which covers appeals in 24 counties, appeals from state agencies, and high-profile public corruption cases – is now firmly Republican-controlled, with four GOP judges (Bob Pemberton, David Puryear, Rose, and the newly elected Melissa Goodwin) and just two Dems (Chief Jus­tice Woodie Jones and Judge Diane Henson).

More from the first link...

Some legal experts argue that such unprecedented cases immediately raise the interest of the appellate courts. Others, however, note that Texas' conservative, largely Republican appellate courts do not have a strong record of siding with defendants.

"Statistically, he is going to be fighting an uphill battle," said Philip H. Hilder, a former prosecutor who is now a Houston-based criminal attorney concentrating on white-collar cases.

The courts could see it as a "partisan fight" though, Hilder said.

"Then the courts are of his political persuasion," he added. "But still, they would have to rely on precedent and they will have to really do back flips to do any favor to him."

[...]

The appellate court in Austin has previously ruled in DeLay's favor — striking down the first indictment and parts of the second, an indication the court thinks DeLay had a valid argument, DeGuerin said. So while the criminal court of appeals overturned that decision saying the issues first had to be brought to trial, DeGuerin says the court's previous ruling paved the way for support now that the trial is over.

I have previously posted about the odious Puryear and his now-departed colleague Waldrop here, and also here. Pemberton was deputy counsel to Gov. Perry prior to his appointment. You should expect no better from Rose and Goodwin, who defeated Kurt Kuhn earlier this month. More background on that just-completed contest again from the Austin Chronic and Burnt Orange, and this Off the Kuff post contains more links to his considerable pre-election coverage.

Tom DeLay still has plenty to be thankful for.

Update: lightseeker at Texas Kaos analyzes the reframing.

Wentworth tries again to end straight-ticket voting

This Chron op-ed is spot TF on.

In an upcoming Texas legislative session where some form of a controversial voter ID bill is certain to pass, a couple of state senators have other ideas, valuable ideas, for electoral reform.

Sen. Jeff Wentworth, R-San Antonio, is not a person who gives up on a good cause even in the face of daunting difficulties. He's pre-filed legislation for the 2011 session designed to outlaw straight-ticket voting. SB 139 is Wentworth's third attempt to eliminate this dangerous practice.

In 2012 the Dems who couldn't be bothered to vote earlier this month, the flip-flopping and finicky Indies, and the once-more-snookered Republicans will again rise up and turn out to sweep the conservative trash blown in to the Capitols by the combination of Tea Party rabies and Obama apathy. Unless a GOP state senator can convince his colleagues to ban the straight-ticket vote, that is.

Wentworth is a too-uncommon voice of reason on the right.

Although Republican and Democratic apparatchiks opposed his legislation in previous sessions, Wentworth accurately noted of straight-ticket balloting, "It's not even in the parties' interest." The lawmaker cited Republican State Board of Education candidate Tony Cunningham as an example of the danger that looms with straight-ticket voting.

Cunningham won the GOP nomination in SBOE District 3 despite widespread reporting about his inability to discuss the issues and his dreadful lack of credentials.

"Tony Cunningham would have been an embarrassment to the Republican Party if he had been elected," Wentworth said. Fortunately, Cunningham lost in the general election.

Still, Cunningham — one of the least-qualified candidates ever to appear on the ballot - snared 90,999 votes.

"We're Texans. We ought to be more independent thinking," Wentworth said, noting that Texas is one of only 15 states that still allow straight-ticket voting.

Straight ticket voting has become the lazy, unthinking way out for "patriots" passing for much of the Texas rural electorate. "What, make me spend five minutes voting instead of 30 seconds?! That's un-American!"

At my poll I had a handful of straight-ticket Republican voters -- self-identified to me, the precinct chair, mind you -- come over and ask where the propositions were on the ballot AFTER THEY HAD VOTED. They were collectively so mentally challenged that they couldn't even figure out to ask the question beforehand.

I believe that's why the props were under-voted, and could very well be why Prop 1 passed. FTR Kuffner shows his math as to why he disagrees with this premise.

My state senator, similarly, is acting to make our voting processes more effective:

... Rodney Ellis, a Democrat, has prefiled the Voter Empowerment Package, which includes measures to designate every statewide Election Day as a state holiday, including primary Election Day; allows eligible residents to register for voting during the early voting period at polling locations as long as the eligible resident provides certain documentation; creates criminal penalties for certain deceptive or disenfranchising practices regarding an election; allows eligible residents to register for voting on Election Day at polling locations as long as the eligible resident provides certain documentation; and authorizes registered voters to vote by mail during the early voting period.

I'd go even farther than this and recommend instant run-off voting. More on that here, here, and here.

Wednesday, November 24, 2010

The Hammer gets the slammer

A Travis County jury today found former U.S. House Majority Leader Tom DeLay guilty of political money laundering charges relating to a corporate money swap in the 2002 elections.

The verdict came down five years after DeLay was forced to step down as the second most powerful Republican in the U.S. House. The charges also led DeLay to resign from his Sugar Land congressional seat in 2006.

DeLay was accused of money laundering and conspiracy to commit money laundering. On the conspiracy charge, DeLay faces a sentence of two to 20 years in prison and five to 99 years or life in prison on the money laundering count.

More reaction from me and others as it rolls in, but as I have previously mentioned his chances are much better on appeal.

Update: Matt Angle, Lone Star Project ...

Whatever punishment that DeLay ultimately receives, Texans continue to suffer from his crimes. Just as DeLay planned, the Texas Legislature and the Texas Congressional Delegation reflect the most partisan, narrow minded and mean-spirited views in our society.

From Louie Gohmert’s bizarre rants to Joe Barton’s unbending defense of corporate negligence to Pete Sessions’ blind and befuddled partisanship, the Texas Congressional Delegation distorts public service into partisan extremism.

The DeLay legacy is also reflected in Joe Straus’s contributions to corrupt Republican House members and in Leo Berman’s hateful rants.

Unfortunately, Tom DeLay has left behind a Republican Party where loyalty is measured by the degree to which Members are willing to defame national leaders, champion extreme right-wing causes and deny opportunity to middle-class Texans.

Nick Lampson:

“Today's ruling shows that the culture of corruption Tom DeLay created in Washington went a few too many dance steps beyond the pale of American politics. We should remember, though, that this trial is not just about $190,000 that Tom DeLay stands guilty of illegally laundering into Texas politics. At its root, Tom DeLay's actions were designed to gerrymander Texas voters for his own personal power grab. As we approach what should be the once-per-decade ritual of redistricting, Texans deserve to have districts drawn that will allow them to all have an equal voice rather than a map drawn by partisan hacks designed to skew political power.

In the pursuit of power and with disregard for our democracy, Tom Delay damaged Texas and this country in a way that will be felt for years to come. This decision makes it clear that justice can still be delivered and we must do everything in our ability to assure abuses of our electoral system do not happen again.”

More from Kuffner and Juanita Jean and Texas Vox.

Don't get so busy with errands today that you forget to stop and smell the pie

Monday, November 22, 2010

The Weekly Pre-Turkey Day Wrangle

You DO know why they call it Turkey Day, right? Because the Cowboys and Longhorns both play then. *badaboom* Meanwhile, the Texas Progressive Alliance is distracted by thoughts of pie but still is able to bring you this week's blog roundup.

Off the Kuff examined the effect of straight ticket voting on the city of Houston's ballot propositions as well as the touching of our junk.

CouldBeTrue of South Texas Chisme wonders how the Cameron County Judge's race can get any weirder. Who won and how did things get so messed up?

This week on Left of College Station, Teddy takes a look at the bills concerning immigration that have been pre-filled in the Texas House of Representatives and the Texas Senate. LoCS also once again covered the week in headlines.

WhosPlayin posted a two-part series following air quality complaints in a neighborhood in North Texas near Barnett Shale gas wells and facilities.

Bay Area Houston wonders if Harris County Commissioner Jerry Eversole reported his free money to the IRS as income.

At TexasKaos, liberaltexan looks at what the prefiled bills tell us about the Texas Legislature's will regarding the trumped-up issue of illegal immigration. Check it out: Texas Legislative Watch: Pre-Filed Immigration Bills (Part I).

Snapshots from the Conservative Freak Show: Bristol Palin and voter fraud, Louie Gohmert and the SFA instructor he got fired, and John Ensign's million-dollar earmark.

A new contributor to Texas Liberal, a woolly mammoth named Extinct, noted that Just Kids by Patti Smith was the winner of the National Book Award for 2010. Just Kids is an account of Ms. Smith's youthful relationship with the photographer Robert Mapplethorpe. As a woolly mammoth, Extinct has a long experience with both life and loss.

Thursday, November 18, 2010

Friday "TSA gropes for security solutions" Funnies

Nothing to add

Well, not too much, anyway.

It may be a petty, minor thing, but this is getting to the point where Obama is looking weak in many, many separate situations, and it's becoming a car wreck for the White House. Having him doing public post-election soul searching; having him give repeated noises in the press about preemptively caving on whatever it is the GOP might be asking for: it's a messaging/political disaster. He took a stout midterm loss and turned it into his own midterm disaster.

At some point someone in this White House has to start figuring out that, screw actual policy, they're getting their asses kicked purely on the PR front, and Obama's not going to get reelected if he looks like a quivering pushover. We know from the healthcare fiasco that there's a bunch of folks in this White House who care more about protecting Obama's image than actually getting useful stuff done: well, image-hoarders, now might be the perfect time to pay attention to what the nice news channels are telling you.

Instead, this is rapidly becoming another perfect example of being so miserly with your "limited" political capital that you end up losing all of it. Obama is keeping his powder so dry that he's losing battles without firing a shot.

To conservatives -- both TeaBagger and moderate -- to low-information voters, even to the mostly disinterested 50% of Americans who don't vote, it's OK to be wrong as long as you're strong. I heard the ridiculous argument about George W. Bush when he was president: "you may not agree with him, but at least you know where he stands." You could always count on Bush to be stubbornly strong on the wrong side of any issue, nearly every single day of his eight years. Even the media fell in line, repeatedly referring to his actions in taking the nation into a war on false pretenses "bold".

When have you ever heard  of any of Obama's initiatives referred to as "bold"?

Americans generally speaking aren't sympathetic to people who appear weak.

This is what happened with Jimmy Carter. He brought Egypt and Israel together and made peace, and for that was branded a wuss. He suffered from the bad luck of that helicopter crash in the desert as the commandos were on their way into Iran to free the hostages, and did not follow up with another strike.

And his only hope in 1980 eventually became that the Republican presidential candidate was too extremist. And America felt that way until the debate where Reagan seemed like a nice enough guy, not too crazy at all, and people rejected Carter in the election.

I'm sure Obama will also be one of our best ex-presidents.

If you do not fight, if you cannot find anything worth fighting for, the American people will reject you.

The next few weeks will tell. If Obama refuses to fight, it will be bad in 2012. And it should be.

DeGuerin stumbles in defense of DeLay

While the case against him still appears to turn on mostly circumstantial evidence, The Hammer keeps inching himself toward the slammer.

Tom DeLay's own evidence turned against him Wednesday as a calendar showed the former U.S. House Majority leader in a meeting with a key political aide two hours after the man received the check used in an alleged $190,000 political money laundering scheme.

Uh oh.

DeLay, R-Sugar Land, contends he did not learn of a corporate money swap between his Texans for a Republican Majority and the Republican National Committee until political aide Jim Ellis told him of it on Oct. 2, 2002.

In a statement to Travis County prosecutors in 2002, however, DeLay said Ellis told him about the money swap before it happened. DeLay now insists he misspoke.

Did you misspeak then, or are you misspeaking now?

Defense lawyer Dick DeGuerin introduced DeLay's calendars on the idea that they would show no meetings between DeLay and Ellis during the crucial days of September when the money exchange was arranged, to bolster DeLay's Oct. 2 claim.

Confirming the calendars with former scheduler Mary Ellen Bos, DeGuerin argued that DeLay and Ellis met only three times in September and October 2002.
Blank check

Once was Sept. 5, before the alleged scheme began. The second time was on Oct. 2, which is when DeLay now contends he learned of the money swap. And the third meeting was on Oct. 8, after the money was exchanged.

But Travis County prosecutor Beverly Mathews got Bos to confirm under cross examination that Ellis also was in a group of people who had a 1-2:30 p.m. grass-roots planning meeting with DeLay Sept. 11, 2002, in his congressional leadership office. Mathews noted that the meeting occurred shortly after Ellis received a blank TRMPAC check that was used in the money exchange.

"I just missed that one," DeGuerin said sheepishly afterward, noting he only had obtained the calendar on Sunday. "The (Sept. 11) meeting was with a bunch of other people."

A pretty serious mistake for a high-powered defense attorney like DeGuerin. If he loses this case, he's probably going to have to adjust his world's-highest-retainer downward.

Even if the jury convicts, DeLay probably wins in a Republican-dominated appeals court, or even the SCOTUS if it gets to that. Because in the wake of Citizens United, there is a case to be made that DeLay's crimes are no longer crimes.

I'm still thinking The Bugman skates over this increasingly thin ice. But it may be later rather than sooner.

Wednesday, November 17, 2010

This week's snapshot from the Conservative Freak Show

Possibly to become a regular feature of this blog.

-- TeaBaggers are committing rampant voter fraud in order to award Bristol Palin a "Dancing With the Stars" championship.

While Bristol Palin denies any Tea Party conspiracy theories, there's no denying that conservatives have been pushing for votes for Bristol, using blogs and Twitter to start a movement. But what isn't widely known is the evidence—via message board comments on some conservative sites—that this mobilization involves fixing this (albeit meaningless) election through a technical snafu on ABC's website, which allows Palin's supporters to cast an infinite number of email votes ...

Personally I could not care any less about either 'DWTS' or anyone named Palin. The motivation by conservatives here appears to consist of hoping that "liberal heads explode". The thing is very few Democrats watch television drivel like this.

Another popcorn fart that the Tea P's have mistaken for an earthquake.

-- Louie Gohmert "Pyle" got an SFA art instructor fired, and then complained again to the officials of the university for making him look bad by doing so.

The now-former art galleries director at Stephen F. Austin State University, Christian Cutler, was asked by Gohmert's staff to jury a high school art competition. He agreed -- until he looked up Gohmert online and saw his interview with "Anderson Cooper", in which Gohmert ranted about the threat of terrorists having babies in the United States and then training them to return as adults and attack.

The next time Cutler spoke with Gohmert's staff, he says, he declined to do the art competition, saying he didn't want to work with a "fear-monger" like the congressman.

So Gohmert personally wrote a letter to Cutler, and copied the president of the university.

Go on. Read the excerpt of the congressman's letter. I'll wait. 

The letter, sent on Sept. 20, prompted several meetings and emails among Cutler and his supervisors, according to copies of the emails and notes from the meetings. One called him the same day. The next day, his two supervisors met with the provost, calling the incident the "last straw."

A few days after that, on Sept. 25, the board of regents met privately to discuss "personnel matters" regarding Cutler, according to a meeting notice. Before the meeting, the university president, Baker Patillo, forwarded Gohmert's letter to the chair of the board via email.

Cutler submitted his resignation three days later.

But that was the end of it. Right?

That wasn't the end of it, though. After several news outlets, including TPM, wrote about the story in late October, Gohmert wrote another scathing letter -- this time to the vice chair of the board of regents -- accusing the school of "hanging [him] out to dry," according to internal emails.

"I did not ask for that guy to be fired, frankly I would have preferred he hadn't been for this very reason [that] I would be blamed even though yall said he was a problem and there were other issues," he wrote. "But doing what I didn't ask for in dismissing that the manipulative liar and then refusing to make ANY statement about what was done is hanging me out to dry for something I did not do." [sic] 

The school had refused to give statements to the media about what happened.

"Now, I am the scapegoat nationally for SFA's decision. This is not really fair nor good. I do appreciate your ongoing concern for fairness and truth and know you will encourage doing whatever you believe is appropriate," he wrote. 

It's getting very nearly impossible for any kind of satire to be written about Gohmert, because he's so good at it all by himself.

-- Guess who?

A GOP senator who voted against the Democrats' sweeping health care bill quietly got a healthcare stimulus of his own: $960,000 doled out to the University of  *edited* for a Primary Care Residency Expansion program.

Who would you like to surmise is the candidate for this week's Hypocrisy Hall of Fame?

What's more, the senator, Republican John Ensign of Nevada, has also joined about a dozen Republican senators in a crusade to end earmarks in the federal budget.

The special dispensation for the University of Nevada was created via an earmark, a legislative maneuver that directs funds to be spent on a specific project.

So not only did the anti-healthcare senator get a special healthcare program funded in his state, he also got it through an earmark, a process he himself claims to oppose.

*Applause*