Abbott rocked by scandals

The Austin American-Statesman finally reports on Greg Abbott's misuse of state resources with an appropriately misleading headline. They manage to get the story right, however (bold emphasis mine throughout):

It looks like a scene from TV's "Cops."

Instead, the arrest video highlighted in a campaign commercial for Attorney General Greg Abbott was shot by a state employee at taxpayer expense. In fact, video of everything from Abbott's news conferences to the latest bust of suspected child predators can be found on his campaign and official state Web sites — all shot by his $70,000-a-year state-paid videographer.

In essence, candidate Abbott filed an open records request to Attorney General Abbott for the videos produced by the state. ...

As legal rationale, (Abbott campaign staffer Daniel) Hodge cited one line from a Texas Ethics Commission advisory opinion: "Any candidate may use publicly available government information for campaign purposes and an inherent advantage of incumbency is knowledge of what kind of government information is available to the public."

But the opinion continued, "The lawful advantages of incumbency do not, however, extend to the use of work time of government employees or other government resources to gather or otherwise prepare information for campaign purposes."

The legal fine line would be intent: Was the video shot to inform the public or further Abbott's political career?

The attorney general's office has a communications department with six employees, including videographer Neftali Gonzalez. It spends more than $500,000 a year informing the public about the office's activities. ...

Wow. Is this sort of thing ... unusual?

Bill Burns, a retired state employee who was a videographer for four attorneys general, including Abbott, said the job changed when Abbott took over four years ago. It became more about promoting Abbott, he said, as opposed to doing the legal, internal work.

"There is nothing more important to the Abbott administration than his name identification," Burns said. "It's all about him."

No, I mean, do other Republican incumbents do this?

Representatives of Gov. Rick Perry, Lt. Gov. David Dewhurst and Comptroller Carole Keeton Strayhorn said Monday that they have not mingled video paid for by taxpayers with their campaign work.

OK. So what exactly is going on here?

"It's stealing the taxpayers' money," said David Van Os, Abbott's Democratic opponent. "Greg Abbott is so sure of his entitlement to public office, he thinks he has a special privilege to steal public equipment and resources to promote himself."

So with the millions of dollars Abbott has raised --and spent on TV -- in contributions from "Swift Boat" Bob Perry and the state's largest corporations, with the apparent violation of the Texas Penal Code regarding abuse of office, this is the article's moneyshot:

He said it's inexplicable why Abbott, who has a $7 million campaign bank account, would rely on state video for his campaigns. ...

Last week, as his commercial aired, Abbott wrote his supporters, complaining about the high cost of campaigning and urging them to donate more.

All-righty then.

Why is Greg Abbott so worried? What is so worrisome about his name recognition as an incumbent that he has to spend millions of his own money -- as well hundreds of thousands of the taxpayers' dollars -- on television commercials showing his armed agents busting into a house and arresting someone? Or surrounding himself with laughing children?

Another question: why isn't Abbott's wheelchair visible in any of his commercials?

And a third question: Have you seen any polling in the election for Attorney General? Considering what a publicity whore he is, do you think that if the polling were favorable to Abbott you would have heard about it in the media by now?

Fund-raising and electoral troubles aside, we're not even close to the end of Abbott's legal woes. From The Lone Star Project:

Judge Blocks AG Abbott's Vote Suppression Scheme

A short while ago, US District Court Judge T. John Ward granted a preliminary injunction stopping Texas Attorney General Greg Abbott and Texas Secretary of State Roger Williams from enforcing a Texas Law that makes it a crime to simply mail or posses a sealed ballot. This year, Abbott has aggressively prosecuted at least 13 individuals, most of whom had done nothing more then help senior citizens vote by mail. Virtually all of those prosecuted are minority senior citizens and all are Democrats. Judge Ward's order says:

For the reasons set forth in the court's findings of fact and conclusions of law, the court orders Defendants, Greg Abbott, in his official capacity as the Attorney General for the State of Texas and Roger Williams, in his official capacity as Secretary of State for the State of Texas, their employees, agents, representatives, attorneys, and servants, and all other persons acting in concert, privity, or participation with the defendants, immediately to:

1. cease enforcing, pending a trial on the merits, Tex. Elec. Code § 86.006(f) under circumstances in which a person, other than the voter, has merely possessed the official ballot or official carrier envelope and such possession is with the actual consent of the voter"
(Source: Preliminary Injunction, Willie Ray v Texas)

Read the Preliminary Injunction Here
Read the Findings of Fact Here

Over the past several months, the Lone Star Project has issued a series of investigative reports highlighting Greg Abbott's abuse of the flawed statute. Read the reports here. The Lone Star Project called for legal action against Abbott's efforts and has supported the legal challenge mounted by the six citizen plaintiffs and the Texas Democratic Party.

The Lone Star Project Director Matt Angle said, "Greg Abbott was not only improperly enforcing a flawed statute, but creating an atmosphere of intimidation and fear. Abbott has acted in a shameless manor, and Judge Ward's order is welcome protection for voters in Texas."

And from Boyd Richie:

The Texas Democratic Party has won a preliminary injunction stopping Attorney General Greg Abbott and Secretary of State Roger Williams from prosecuting voters who are trying to help seniors exercise their right to vote. Texas Republicans know that they would lose fair and free elections. That’s why they’ve done everything they can to stack the deck … even if it means willfully ignoring the law and abusing the power of their office. The examples of Republican misdeeds are numerous:

· Republicans blatantly broke the law when they pushed through an illegal redistricting plan that disenfranchised thousands of Hispanic and African American voters.

· They broke a long standing state law when they illegally used corporate money to fund state house elections.

· And, most recently, they tried to override the results of a legally held primary by attempting to remove Tom DeLay from the ballot when he decided to quit, instead of facing certain defeat at the ballot box.

It seems clear that the current Attorney General of Texas has created numerous problems for himself through misapplication of several laws, to put it as kindly as possible.

(Strangely, this message from the TDP chairman trumpeting his efforts never once mentions the Democratic candidate for Texas Attorney General. There could be a posting about whatever this means at a later time.)

Trick or treat?

You have the power.

The incredible shrinking senior senator from Texas

Some initial observations:

--If this is what is happening to her body, imagine what's going on with her brain.

-- Do we really need another preening, fawning harridan in Washington?

-- Most Republicans running for Congress are cutting and running from Bush as fast as they can. Not in Sugar Land, though. They eat this up like a dog eating another dog's vomit.

Three suggestions:

-- Turn off your TV so you won't be subjected to any more of the GOP's incessant attempts to control the minds of the poor fools like those gathered around the people you see in the picture above.

-- Ignore the Houston Chronicle, the Dallas News and the urban daily newspapers throughout the state. They have all veered hard to the right -- through the weeds and into the ditch -- trying to get their Republican friends re-elected. Update (11/1): This is what I'm talkin' about. It's so shameless I almost feel sorry for them, except when I note their plummeting circulation figures. I'm sure they're all sitting together in their respective boardrooms wondering why.

-- Vote.

More postpourri

-- the WaPo has an excellent contest called Midterm Madness utilizing an interactive Flash graphic where you can pick the seats in the Senate and House that you think will flip -- or not -- on November 7. Make your picks and submit for a chance at an AmEx gift certificate.

-- the poor mistreated corporations of America are banding together to fight back against the enormous and unrelenting legal persecution they have endured of late. See also Tom's blog for frequent commentary on this subject, usually focusing on the "harassment" of corporate executives accused of wrongdoing.

This is just about the most miserably obnoxious commentary proffered by conservatives of late (ever since they managed to take immigration nationwide, that is).

-- CNN's 'Broken Government' has been excellent; even the hit piece by Candy "Butterqueen" Crowley on the Democrats wasn't unwatchable, but the other parts of the series were examples of good solid political reporting. And among Houston media, KPRC's political page stands head and shoulders above the Chronicle and the other two broadcast outlets. Their on-demand video and coverage of local and state races is simply the best, by far. I rarely if ever watch their news, but the online resources they have assembled blow away the competition. Yesterday they televised "Straight Talk from the Candidates", where state- and county-wide party representatives were given 2.5 minutes uninterrupted to make their case directly to the voters. (This program will re-air on November 5, and is well worth watching.) Even for a political junkie like me, there are people running for office whom I have not seen nor heard speak, and this was an opportunity to gauge that intangible , emotional response to their face and voice.

Honorable mention goes to the Chronic's opinion and politics pages, and particularly cartoonist Nick Anderson's blog, deserving of special recognition for their interactive ease. The op page regularly links to local blogs, including this one, on topics not necessarily political.

-- the Republican television advertisements here are non-stop and nausea-inducing. Greg Abbott's commercial featuring his misuse of state resources just aired again. According to the Texas Penal Code Section 39.02, the state's top law enforcement officer may have committed at least a second-degree felony.

Who exactly is responsible for arresting, charging, and prosecuting the Attorney General when he commits a crime?

-- and don't miss the double edition of Sunday Funnies: Limbaughtomy and Election Day Countdown.

Postpourri

-- In the "Blind-Hog-Occasionally-Finds-an-Acorn" department, the Houston Chronicle endorsed three of my very favorite people for the Texas Legislature: Chad Khan, Dr. Diane Trautman, and Dot Nelson-Turnier. Still they managed to blow it by endorsing Sherrie Matula's opponent. In fact almost all of the rest of their endorsements were, frankly, ones you should disregard.

-- The following two links are an example of the dichotomy that currently exists in my fair city. While janitors strike for $8.50 an hour and health insurance, the Tony-est restaurants in Houston are packed full of Republicans eating truffles at $300 a plate.

Seventy-dollar-a-barrel oil (even sixty, on its way up and down) and a 12,000 point Dow don't seem to have trickled down very far.

-- Early voting is way up across the state, but e-voting issues in predominantly Democratic Jefferson County remain a source of concern. Update (10/30): Dos Centavos links to this KFDM video detailing the notorious ES&S vote-switching machines, which had problems during the primary earlier this year.

-- Crime in Houston has not increased as much as conservatives would like you to believe. And it is not due to Katrina evacuees, either.

-- Karl Rove is apparently marshaling the goonbats in order to save the GOP from certain defeat. The last mystery left for this cycle -- besides, of course, whether our votes have been counted accurately or not -- is whether he will be successful. Fear just doesn't seem to be as effective a motivation this time.

-- The Saint Louis Cardinals defeated the Detroit Tigers to win the World Series, and the nation yawned. I didn't even see much gloating by Cards fans in the places I usually look.

-- The Houston Rockets could win the NBA champeenship this season. No, really.

-- Vaya con Dios, Joe Niekro and Red Auerbach.

Abbott spends taxpayer dollars on his TV ads

Which is a big fat violation of the law.

WFAA in Dallas reports, and pulls no punches.

For those of you unable to view the video, here's the summary:

Three years ago and shortly after he was elected attorney general, Greg Abbott ordered the OAG to purchase video equipment worth $66,000, and hired a videographer at a salary of $70,000 -- all at taxpayer expense -- to record, among other things, arrests of alleged child predators (the tapes show armed agents invading a home and subduing a suspect) . These videos have been seen in his recent barrage of television commercials.

They are also available for viewing at his campaign website.

Tom Smith of Public Citizen is quoted in the WFAA report saying that the law is clear in these cases, and that what the Attorney General has done is illegal. Abbott refused comment, but his campaign chairman responded with an e-mail statement indicating the videos were "obtained" through the FOI act.

David Van Os had this to say:

"I'm not surprised. It is representative of how Abbott has used his office for four years, and that is to promote himself."

I can't really add any outrage to this except to ask, "Have you had enough?"

Update: The Associated Press picks up on the story, and the Fort Worth Startle-Gram runs with it.

"These frivolous affidavits"

Last Wednesday afternoon Robb Zipp and I met David and Rachel Van Os as they were completing a round of radio interviews at KPFT. Art Browning of Greenwatch decided to join us for the train trip in (since this was a Whistlestop Tour we thought it apropos to take the Metro light rail) and so we caravaned down to the Fannin South Park and Ride, met Richard Morrison and boarded the Preston Street Limited for the Old County Courthouse at 301 Franklin.

Richard and David fanned out to each end of the train and spoke to commuters all the way into downtown. At least a couple of hundred voters got to personally meet the next Attorney General of Texas and appeared thrilled at the prospect.

We met John Behrman and some of the early arrivals for the Whistlestop speech and then we all walked over to 201 Caroline and Beverly Kaufman's office so that David could file his affidavit. Robb and I were carrying so much gear that we chose not to run the gauntlet of security at the courthouse, including the airport-style metal detector and baggage screening.

Well, we missed one of the highlights of David's visit to the belly of the Texas Republican beast, because after he completed the paperwork and prepared to pay the fee, a clerk's office employee named Gregory Bousse' (this name is spelled phonetically and thus may not be accurate) indicated that the clerk would not be filing his affidavit, and further added the following editorial comment: "You people come around here every two years and file these frivolous affidavits ..." When David demanded to see the clerk, he was told she was not in the department, and a supervisory person named Ms. Contreras greeted him with the same caustic contempt. When he asked to speak to the person who had made the decision not to enter his affidavit into the public records of the county, Ms. Contreras indicated that it had been the county attorney who had done so. That of course was a lie, as the county attorney could not have been consulted on such a decision given the time frame, and in any event was not present to meet with David either.

So while 253 Texas counties will have these words on file as a public record, Harris County has chosen to deny them. How impressive is that?

About sixty supporters from Houston, Galveston, Wharton and even Angelina counties greeted David back at the old courthouse, and among the dignitaries were Judge Bill Moody and family, Melissa Taylor of the HCDP, and CD-02 challenger Gary Binderim and Stace Medellin. The humidity that day was stifling -- this must have been what kept the Chronicle away -- so we quickly adjourned to Chatters in the Heights and met about a hundred or so supporters, including Gerry Birnberg and Hank Gilbert and Jim Sharp and Mary Kay Green and Bill Connolly and Mark McDavid. As the evening grew late much of the group adjourned to one of the other fundraisers (James Pierre, Scott Hochberg, and Richard Garcia all had events going on).

I personally collapsed from exhaustion.

Robb and Stace have their accounts up with pictures, which you may have already read, since I'm a week late in posting this.