Joe Horn, Sharon Keller, and Texas' frontier justice

Kudos to Lisa Falkenberg for her willingness to write the ugly fact:

Human life is worth more than property. It seems like a universal truth. But apparently not in Texas, or other states with similar laws.

Over the past week, I've researched the Texas Penal Code and discovered some provisions that were surprising even to this fifth-generation Texan. The law of our land seems to place more value on the property being stolen — even if it belongs to a neighbor — than on the life of the burglar stealing it.

A review of our state's protection-of-property statutes suggests that Horn's repeated declarations about not letting the burglars "get away with it" may be the words that ultimately set him free.

If Horn doesn't get indicted, don't blame the grand jury. And don't blame Harris County District Attorney Chuck Rosenthal. Blame the section of Chapter 9 of the Penal Code that deals with protection of property.

Under the section, which has been in place at least since 1973, a person is justified in using deadly force to protect a neighbor's property from burglary if the person "reasonably believes" deadly force is immediately necessary to stop the burglars from escaping with the stolen property. It's also justified if the shooter "reasonably believes" that "the land or property cannot be protected or recovered by any other means."

Justifiable homicide. Castle doctrine. "He needed killin' ".

The vast majority of Texans -- conservative Republicans and Democrats alike -- love this idea of Judge Roy Bean, "shoot-first-ask-questions-later" dispensation of justice. The rest of us know it's crude, ignorant, and abhorrent, and the majority of nearly 500 comments (at the time of this posting) from Chronicle readers at the link to the op-ed above proves it.

The "hang 'em high" mindset screeches at full volume today on the Chron's website, from that page to the latest report about Judge Sharon "Killer" Keller's 5 p.m. justice. Commenters at both pages represent many more -- and likely a majority of Texans -- who would just as soon take matters into their own heavily armed hands and dispense their personal opinion of 'criminal justice' at the end of a gun, or a needle, or a noose.

If that's really what Jesus would do, then I'm glad I'm not a Christian.

Falkenberg finds someone who acknowledges the inherent political cowardice reality:

"My sense is that the reason, not just Texas, but other states have been enacting statutes more and more like this is because politicians are afraid to vote against them," said Steven Goode, a law professor at the University of Texas.

"They don't want the next attack ad to be one where they are criticized for voting against someone's ability to protect themselves in their home."

"In a calmer and less politicized environment we might have different laws," Goode said. "But campaign ads don't allow for particularly nuanced discussions of issue."

Let's bottom-line it.

Judge Keller needs to resign, or be impeached. Joe Horn needs to be arrested and charged with murder in the first, so that a jury of his "peers" can determine his guilt or innocence. I'm convinced he'll be just as safe following the verdict as he is today -- certainly so if he is tried in Harris County. That's how justice is supposed to work, after all.

Gold Star Texan: Mario Gallegos

In addition to awarding our Texan of the Year (coming on Friday, December 14), the Texas Progressive Alliance recognizes others who have contributed to Texas politics and the progressive cause during 2007. Leading up to tomorrow's TOY announcement, we have named our TPA Gold Stars (one each day through today). Wednesday, we feted Molly Ivins. Tuesday, we recognized Denise Davis. Monday, it was Rick & Melissa Noriega. The Silver Stars, announced last week, may be found here.

State Sen. Mario Gallegos

We all like to think that when our beliefs and principles are truly put to the test, that we will answer the call; that we will stand up for the things we hold dear even if it means putting our own well-being at risk. Most of us never find ourselves in that position, and it's often just as well, for as the apostle Peter might say, 'easier said than done'. But when the courageous deed is done, it serves as an inspiration for us all.

State Sen. Mario Gallegos was in that position this spring. Having undergone a liver transplant shortly after the legislative session began, he spent most of the rest of it in Houston recuperating. His absence meant that the Democratic Senate caucus had only ten members, which was not enough to block a divisive partisan bill such as those that were filed to restrict voting rights by requiring photo ID. Sen. Gallegos asked Lt. Gov. Dewhurst to give him notice if a voter ID bill was going to be on the docket, so he could do his duty and prevent it from passing. Dewhurst made a one-time-only guarantee, so against the advice of his doctor, Gallegos arrived in Austin and vowed to stay there until sine die to protect all voters' rights. And it was a good thing he did, as events proved Dewhurst's willingness to pass such a bill by any means necessary. His health was weak but his will was strong, and the battle was at a standstill.

Just as victory seemed assured, his fragile recovery worsened, sending him back to Houston, and it looked as if Dewhurst would finally get his chance. And then, when everyone least expected it, Gallegos returned to the Capitol, leaving no doubt as to the force of his resolve:

Ailing state Sen. Mario Gallegos, D-Houston, has a hospital bed set up in the sergeant's office -- about a 100 feet (sic) from Gallegos' Senate chamber desk, Monday so that he could help block a contentious voter ID bill from debate.

"I'm hurting. I'm hurting," Gallegos said a few minutes ago as the Senate went into session.

[...]

In the meantime, Sen. Bob Deuell, R-Greenville, is monitoring Gallegos' health. Deuell is a physician.

In the face of such powerful will, Dewhurst capitulated, promising no voter ID legislation would be considered, allowing Gallegos to return home and get the treatment he needed. The ailing senator left the chamber to a standing ovation from both his peers and the assembled gallery, as well as the lasting gratitude of all Texans who cherish the unfettered right to vote.

For literally putting his life on the line in order to protect democratic principles, State Sen. Mario Gallegos is a deserving winner of a Gold Star from the Texas Progressive Alliance.

Dobbs' head explodes; CNN anchor continues talking

Thanks, Andy:

Shortly after his statement about illegal Mexican laborers constructing a border fence, Dobbs’ head exploded, filling the screen with smoke and visibly startling (guest and fellow anchor Anderson) Cooper.

After Dobbs’ head burst into flames, his CNN cohort attempted to go to commercial, but Dobbs continued talking undaunted for another fifteen minutes.

Immediately after the broadcast, Dobbs was rushed to the Head Explosion Unit at George Washington University Hospital where the CNN anchor continued talking for an additional five hours before being administered general anesthesia.

“In all my years as a brain surgeon I have never seen someone with such serious head trauma continue speaking,” said chief of surgery Dr. Hiroshi Kyosuke. “It is almost as if Lou Dobbs’ mouth functions completely independently from his brain.”

*standing ovation*

Green Zone gang-rape: another KBR job hazard

Never Forget: what's always been the most important thing in this Crusade for Iraqi Democracy is safeguarding the freedoms of our brave American contractors who risk their lives every day to bring us $100 oil:

"These are the worst types of crimes that can happen to a citizen abroad," said Rep. Ted Poe, R-Humble, who wrote the letter with Rep. John Conyers Jr., D-Mich. "I think there's going to be some movement by the Justice Department now that this is in the public domain."

Finding a patriot like Ted Poe waging war here (not quite like Charlie Wilson, but close) has to be the surprise of the season. Of course when the laws were being written absolving corporations of every single tort responsibility, he was on the front lines there too...

KBR lawyers have asked the U.S. District Court for the Southern District of Texas to dismiss the cases so they can be handled through the company's Employee Dispute Resolution Program. KBR and Halliburton employees sign contracts in which they agree to resolve disputes and claims against the company through an arbitrator.

The company picks the arbitrator. KBR has only won 80% of the arbitration claims filed against it.

You know, you'd think they could do better than that.

Update (12/13): Think Progress has more, including video of Poe on Lou Dobbs' program last night.

2007 Gold Star Texan: Molly Ivins

(Besides recognizing our Texan of the Year, the Texas Progressive Alliance acknowledges a number of others who contributed to Texas politics and furthered the progressive cause during 2007. Leading up to the TOY announcement on Friday, we bring you our TPA Gold Stars, one each day this week. Yesterday we awarded Denise Davis; Monday, Rick & Melissa Noriega. The Silver Stars, announced last week, are here.)

Molly Ivins

Had she been born in 1984 instead of 1944, Molly Ivins might have been a blogger. Instead she was an award-winning, best-selling journalist, columnist and author. A Texan, a progressive, a feminist, and a survivor, her passing earlier this year marked the end of an era for Lone Star liberals as well as those across the country who loved her fiery, populist brand. Ivins gave all progressives a prominent national voice.

In honoring someone as distinguished as the late, great Molly, sometimes it's best to do so in someone else's words. In this case, hers:

I used to say, having once been a card-carrying Sixties radical, that if I had to be called a liberal, I’d just as soon be the worst kind of liberal -- a bleeding heart. I wound up being a liberal because I was for civil rights and against the war in Vietnam and that’s what I got called. I missed the New Deal and McCarthyism and all that good business.

I’ve got more important things to worry about -- three-year-old kids getting raped and denied admission to a hospital because their mamas don’t have any money and things like that. I carry neither grief nor guilt for the many sins of liberals past and present: there’s too much to bleed over. And laugh over.

Indeed, Molly. For this and more, we name you a Texas Progressive Alliance 2007 Gold Star.