Posts Tagged ‘Austin’

LinkSwarm for January 20, 2017

Friday, January 20th, 2017

Welcome to Inauguration Day, when Donald J. Trump is sworn in as the Forty-Fifth President of the United States of America! Celebrate the momentous day with a Friday LinkSwarm.

  • Trump plans to hit the ground running with a number of executive actions his very first day on the job. (Hat tip: Ace of Spades HQ.)
  • Trump started planning his presidential run right after Romney lost. In fact, Trump registered his “Make America Great Again” slogan six days after Romney’s defeat. (Hat tip: Instapundit.)
  • Clinton Family Friend: “Yes, I will be at the review stand at the inauguration and I am going to kill President-elect Trump… what are you gonna do about it Secret Service?” Secret Service: “Enjoy these complimentary handcuffs.”
  • Much of the hatred against Trump is pure class bigotry:

    I don’t think reasonable differences of opinion on the one hand, and the ordinary hypocrisy of partisan politics on the other, explain the extraordinarily stridency, the venom, and the hatred being flung at the incoming administration by its enemies. There may be many factors involved, to be sure, but I’d like to suggest that one factor in particular plays a massive role here.

    To be precise, I think a lot of what we’re seeing is the product of class bigotry.

    Snip.

    Until last year, if you wanted to experience the class bigotry that’s so common among the affluent classes in today’s America, you pretty much had to be a member of those affluent classes, or at least good enough at passing to be present at the social events where their bigotry saw free play. Since Donald Trump broke out of the Republican pack early last year, though, that hindrance has gone by the boards. Those who want to observe American class bigotry at its choicest need only listen to what a great many of the public voices of the well-to-do are saying about the people who votes and enthusiasm have sent Trump to the White House.

    You see, that’s a massive part of the reason a Trump presidency is so unacceptable to so many affluent Americans: his candidacy, unlike those of all his rivals, was primarily backed by “those people.”

    Snip.

    This isn’t just because so large a fraction of working class voters generally backed Trump; it’s also because Trump saw this from the beginning, and aimed his campaign squarely at the working class vote. His signature red ball cap was part of that—can you imagine Hillary Clinton wearing so proletarian a garment without absurdity?—but, as I pointed out a year ago, so was his deliberate strategy of saying (and tweeting) things that would get the liberal punditocracy to denounce him. The tones of sneering contempt and condescension they directed at him were all too familiar to his working class audiences, who have been treated to the same tones unceasingly by their soi-disant betters for decades now.

    Much of the pushback against Trump’s impending presidency, in turn, is heavily larded with that same sneering contempt and condescension—the unending claims, for example, that the only reason people could possibly have chosen to vote for Trump was because they were racist misogynistic morons, and the like. (These days, terms such as “racist” and “misogynistic,” in the mouths of the affluent, are as often as not class-based insults rather than objective descriptions of attitudes.) The question I’d like to raise at this point, though, is why the affluent don’t seem to be able to bring themselves to come right out and denounce Trump as the candidate of the filthy rabble. Why must they borrow the rhetoric of identity politics and twist it (and themselves) into pretzel shapes instead?

    Read the whole thing. (Hat tip: Borepatch.)

  • “In donated shoes and suit, a Trump supporter comes to Washington.”
  • Follow-up:

  • How ObamaCare helped destroy Medicare.

    Physicians across the country have been firing Medicare patients; and according to a late 2015 study from the Kaiser Family Foundation, 21% of physicians are not taking new Medicare patients.

    Much of this trend is based on stiff penalties and financial disincentives from the Affordable Care Act (Obamacare), and 2015’s Medicare Access and CHIP Reauthorization (MACRA) Act.

    MACRA in particular is completely mystifying.

    The law created a whopping 2,400 pages of regulations that Medicare physicians are expected to know and follow.

    Many of the rules are debilitating.

    For instance, MACRA changed how physicians can be reimbursed for their Medicare patients by establishing a bizarre set of standards to determine if a physician is providing “value”.

    As an example, if a patient ends up in the emergency room, his or her physician can incur a steep penalty.

    This explains why my step-dad was dropped by his doctor.

    The healthcare system has been broken to the point that physicians now have a greater incentive to fire their Medicare patients than to treat them.

  • City journal has an extensive profile of George Soros.

    Soros’s global reach and influence far outstrip those of the Koch brothers or other liberal bogeymen—and that underlying it all is a vision both dystopian and opportunistic. “The main obstacle to a stable and just world order,” Soros has declared, “is the United States.” Ergo, that constitutional republic must be weakened and its allies degraded. The Sorosian world order—one of open borders and global governance, antithetical to the ideals and experience of the West—could then assume command.

    Snip.

    n the United States, Soros bankrolls a broad range of political and cultural causes. One is to destabilize the Roman Catholic Church in the United States. In 2015, he dedicated $650,000 for the purpose of shaping Pope Francis’s U.S. visit, using left-leaning Catholic groups to promote gay marriage, abortion, and physician-assisted suicide. Leading the effort was Hillary Clinton’s campaign manager John Podesta, a self-professed Catholic. Bill Donohue, outspoken president of the Catholic League, vainly called for Podesta’s dismissal. “He is fomenting revolution in the Catholic Church, creating mutiny and is totally unethical,” Donohue said. “He is the front man for George Soros to create a host of phony anti-Catholic groups. These are not just bad comments, as some have suggested. These words are orchestrated, calculated and designed to create fissures in the Catholic Church.”

    Another Soros favorite is Black Lives Matter, the radical protest group dedicated to the proposition that police are inherently racist. Working the streets with incendiary rhetoric, at odds with the truth about black-on-black crime, BLM has helped foster “depolicing,” as Heather Mac Donald describes it, in high-crime urban areas. In 2015, after days of rioting in Baltimore in response to the death of Freddie Gray in police custody, an Open Society Foundations memo excitedly commented that “recent events offer a unique opportunity to accelerate the dismantling of structural inequality generated and maintained by local law enforcement and to engage residents who have historically been disenfranchised in Baltimore City in shaping and monitoring reform.” Three straight acquittals of police officers involved in the matter left the prosecution’s case in shreds but made no difference to the Open Society Foundations. It has donated at least $650,000 to Black Lives Matter and pledged more assistance to antipolice factions across the country. These activities prompted the father of one of the Dallas police officers killed during a Black Lives Matter protest to sue Soros (along with other individuals and groups) for inspiring a “war on police.”

    (Hat tip: John Tierney at Instapundit.)

  • I always thought George Soros was running Black Lives Matter, and now here’s some proof: “BLM leader lives in home owned by Soros’ Open Society board member.”
  • Don’t look now, but the Clinton/Sanders rift is still roiling the Democratic Party. Sadly, neither side seems to be willing to give up on Social Justice Warrior victimhood identity politics. (Hat tip: Hot Air, which notes “Democrats have to come to grips with the fact that they stopped speaking for most Americans over the past eight years, and started lecturing at Americans instead. The party got wrapped up in the progressive-academic social-justice agenda to the point that the party made diversity into an obsession at the expense of the real economic issues facing voters outside of the coastal enclaves and college campuses.”)
  • One college Democrat has had enough:

    A National Councilman for the College Democrats of America is jumping ship and considering joining the Republican Party just before President-elect Trump takes the oath of office.

    Michael J. Hout, a junior at the University of Massachusetts, Amherst, told Campus Reform that he believes the contemporary Democratic Party is no longer the best place for an ideological moderate like himself, saying the Party is pivoting towards more extremist rhetoric and appealing more to those who often do not even consider themselves Democrats, such as socialists and independents.

    Snip.

    “This strategy of catering to the whims of those for whom identity politics matters more than anything else, and of allowing for even anti-white, anti-male rhetoric to find a home within the party, is a large part of its untenable strategy moving forward,” Hout explained, predicting that “it will continue to cause Democrats to lose, time and time again.”

    (Hat tip: Director Blue.)

  • Former California Democratic Party chair argues that Democrats should move their headquarters to Detroit to reconnect with middle class voters. I agree, but for a different reason: So they can be forced to see the results of their handiwork firsthand every day.
  • A glimmering of a clue: “U.S. Rep. Joseph P. Kennedy III, breaking ranks with other Democrats who are trashing President-elect Donald Trump and boycotting his inaugural, is imploring his party’s rank and file to figure out why middle American voters went Republican in November….’Folks, we lost their trust and being mortified and mystified about their vote doesn’t bring it back.'” (Hat tip: Instapundit.)
  • Tolerant left gets another Milo speech cancelled.
  • Ignore the shame mob and they’ve got nothing else to throw at you:

    While [Steve] Harvey tries to use his celebrity for something selfless and useful and while the Talladega College marching band gets the world stage to show off the results of its hard work and school spirit, think of their detractors as the latter sit behind their cell phones and sling names like “coon” and “Uncle Tom”[i] in between posting their twerking and ghetto fight videos.

    Ouch! (Hat tip: Instapundit.)

  • Joe Bob Briggs takes aim at the “angry white male” concept.

    Numero Three-o: Why is anger as a voting incentive limited to white males? Don’t black men get angry? When Louis Farrakhan holds a rally, why doesn’t Yahoo News say “Angry Black Men Gather in Chicago”? Why aren’t there any Angry Latino Men or Angry Chinese Men?

    Numero Four-o: More specifically, how do you explain the fact that the Angry White Men who voted for Trump in 2016 are the same white men who voted for Obama in 2008? When they vote for Obama they’re not angry, but when they vote for Trump it can only be because they’re enraged hicks? Gogebic County in Michigan is 92 percent white and hadn’t voted for a Republican since 1972—until this election. The counties in southwestern Wisconsin, all heavily Democratic, went for Trump after a strong Obama vote in 2008 and 2012. Eastern Iowa, Democratic since 1988, went for Trump. Luzerne County, Pennsylvania, which is frequently used as the very definition of “working-class,” went for Republicans for the first time since 1988. Why are all these people classified as “angry” now, but in 2008, when they were angry at George Bush, they were just “voting for change”? Could it be, just perhaps, maybe, they feel betrayed by the Democratic Party? If we’re gonna call them angry, let’s define what they’re angry about.

  • Then again, fake outrage over non-issues is the stock in trade of the center-left.
  • Four reasons why nobody trusts the media. Including that nothingburger of a New York Times hit piece on Rick Perry that relied on no facts whatsoever.
  • For all that CNN flack global warming, they certainly don’t act like they believe it. In addition from moving CNN headquarters from Atlanta to New York City, “Time Warner, the company that owns CNN, just invested in SEVEN new buildings located in Hudson Yards, a part of Manhattan just a block or two away from the water. An area that, according to its own CNN, will soon be underwater, and therefore utterly and completely worthless.”
  • Speaking of CNN, they just hired Valerie Jarrett’s daughter to report on Trump’s Justice Department. “Valerie Jarrett’s daughter quietly joined CNN in September as a reporter in the network’s Washington bureau. She came to CNN with no experience in journalism.” Evidence suggests CNN has naked contempt for both objectivity and those not in the anointed liberal overclass. (Hat tip: Director Blue.)
  • “The primary aim of official propaganda is to generate an “official narrative” that can be mindlessly repeated by the ruling classes and those who support and identify with them. This official narrative does not have to make sense, or to stand up to any sort of serious scrutiny. Its factualness is not the point. The point is to draw a Maginot line, a defensive ideological boundary, between “the truth” as defined by the ruling classes and any other “truth” that contradicts their narrative.”
  • Post-Brexit, an economic boom in the UK. (Hat tip: Stephen Green at Instapundit.)
  • UK PM Theresa May aims at a “hard Brexit.” Andrew Stuttaford (and I) wonder why she isn’t going for the ‘Norway option’ of leaving the EU but staying in the European Economic Area.
  • Marine Le Pen cues up Frexit. “The euro has not been used as a currency, but as a weapon—a knife stuck in the ribs of a country to force it to go where the people don’t want to go.” I disagree with Walter Russel Mead: The EU, as currently constituted, is incapable of being reformed. Reform is impossible without scraping the European Commission, which is impossible without scraping Maastricht, which would scrap the EU. Better to start again from scratch or go back to just the common market.
  • Jihadwatch’s Robert Spencer had a minor piece at The Hill on why Lindsay Lohan’s (rumored) conversion to Islam was a bad idea. I wasn’t even going to link it. The The Hill took it down due to political pressure. Now I have to.
  • As one of his last acts, Obama commutes the sentence of convicted Puerto Rican terrorist Oscar Lopez Rivera.
  • And it’s not just terrorists: Obama commutes the sentences of four South Texas druglords:

    Four family members who ran one of the largest cartel smuggling operations in south Texas had their life in prison sentences commuted and will likely be returning to this border city from where they ran their criminal empire. One of the main destinations that the criminal organizations delivered drugs to was Chicago, Illinois.

    This week, outgoing President Barack Obama commuted the sentences of 209 convicted criminals and pardoned 64 others. The majority of the convictions were from drug trafficking or production offenses.

    Four of those convicted criminals who had been sentenced to life in prison will be released by May 17. They ran a criminal organization made up of close to 80 men and women who worked with Mexico’s Gulf Cartel to move between 100,000 to almost 750,000 pounds of marijuana into the U.S. during a 10-year period. The drugs were moved into Houston and then distributed to Atlanta, Chicago, and other major metropolitan areas.

    According to court records obtained by Breitbart Texas, brothers Cesar Moreno Sr., Eduardo Moreno, Lazaro Moreno, and Luis Moreno along with other relatives and friends had been at the helm of a large-scale drug distribution operation based out of the border city of Roma, Texas.

    (Hat tip: Director Blue.)

  • A tweet:

  • Brian Krebs deduces the author of the Mirai worm.
  • Seattle kills bikeshare program. If it can’t make it in Seattle…
  • 3D TV is dead again. Good. 3D always struck me as an annoying gimmick, even in IMAX.
  • “Woman stabbed man 9 times after he wouldn’t commit to relationship.” I’m pretty sure the guy made the right call there… (Hat tip: Bill Crider.)
  • Man gets head start on the epic douchebag Olympics. “28-year-old James Allen is facing a charge of driving while intoxicated. [He] drove a $385,000 Ferrari off a bridge in Westlake, went airborne for 40 feet and crashed into the woods while speeding on Friday night.” (Hat tip: Iowahawk’s Twitter feed.)
  • Oakland Raiders file papers to move to Las Vegas.
  • “It’s come to my attention that some of you Hollywood types are calling yourselves ‘the Resistance’. Stop. Now.” (Hat tip: Director Blue.)
  • Graduate student sues after being kicked out of school for not supporting left-wing causes.
  • Scott Adams being unable to comment on his own blog due to a software bug has to be the most Dilbert thing ever…
  • Dawnna Dukes Indicted on 15 Counts, Faces 28 Years in Jail

    Wednesday, January 18th, 2017

    The shoe has landed:

    A grand jury has indicted state Rep. Dawnna Dukes on 13 felony corruption charges and two misdemeanors, with a maximum penalty of 28 years behind bars, a courthouse source said Wednesday.

    Dukes, an Austin Democrat, faces two misdemeanor counts of abuse of official capacity and 13 felony counts of tampering with public records, a source with knowledge of the case said. Travis County prosecutors and investigators from the Texas Rangers presented the evidence to the grand jurors Tuesday, who indicted Dukes on the first day that they met to consider the case.

    The indictment comes seven days after Dukes reneged on a promise to step down and took the oath of office for a 12th two-year term representing parts of North Austin, East Austin, Pflugerville and Manor.

    Dukes posted a statement on Facebook following the indictment, which was first reported by Spectrum News: “Of course, I am disappointed but I expected that if I was sworn into office in January 10th that this indictment would follow. All I can say today is that I will be entering a plea of Not Guilty.”

    One abuse of official capacity charge deals with Dukes using her legislative staff for personal purposes. In April, the American-Statesman reported that Dukes had arranged to give a taxpayer-funded raise to an aide to cover gas money for driving Dukes’ daughter to and from school.

    With the other abuse of official capacity charge, the grand jury accused Dukes of using money raised from campaign contributors for personal purposes. Politicians may use campaign money to pay for election activities or for expenses related to carrying out their elected office, but state law forbids them from using it for personal purposes.

    Dukes has made numerous questionable expenditures from her campaign account over the years, including $13,000 in payments to family members, $30,000 on gas and $2,700 to a seamstress, a Statesman investigation in June found.

    $13,000 to family members? Yeah, that’s gonna raise red flags.

    The grand jury accused Dukes of converting to personal use campaign expenditures that were earmarked for the African-American Community Heritage Festival, an East Austin event Dukes co-founded 18 years ago but ended last year after negative attention caused by the investigation. Dukes has listed at least $17,600 in campaign expenditures for the festival, including $303 to an electronics store for “replacement of digital camera broken by staff,” $146 for Mardi Gras beads and more than $7,000 for musical performers, the Statesman investigation found.

    The 13 charges for tampering with public records concerns an allegation that Dukes collected pay from the state during the 2014 legislative interim for days that she did not travel to the Capitol, which is required under House rules. The American-Statesman in May reported that a former Dukes staffer had accused the legislator of filing requests for per diem payments for days that she never traveled to the Capitol and may not have worked at all.

    So Dukes was getting paid for not working. In other words, she was living the Democratic Party dream…

    (Previously.)

    (Hat tip: Dwight.)

    A Bucket of Texas News

    Tuesday, January 17th, 2017

    No theme linking all this stories, but crime, police and jihad all figure predominately:

  • The Islamic State has singled out the First Baptist Church in Dallas as a target for arson. If memory serves, the last time jihadis tried to carry out an attack in the DFW area, it didn’t work out too well for them.
  • FBI capture Top 10 fugitive Terry A.D. Strickland, wanted for a double homicide, in El Paso.
  • For the record, here’s the FBI’s current top ten list. Note that four of the top 10 (Alexis Flores, Yaser Abdel Said, Robert Francis Van Wisse and Eduardo Ravelo) are foreign born, while two (Said, wanted for honor killing his own daughters in Irving, and Van Wisse, wanted for murdering a woman in Austin in 1983) have ties to Texas.
  • Speaking of honor killings, there has been some news on the Montgomery County honor killings from 2014. Namely Nadia Irsan, the daughter of main defendant Ali Mohmood Awad Irsan (the still living one, not the one he (allegedly) murdered), is now out on bond, but his son, Nile Irsan, was “arrested for having a prohibited substance in a correctional facility.”
  • A Wendy’s employee refused service to a uniformed Fort Worth Police Officer. Sent a tweet asking for followup information on whether the employee was fired or not.
  • The Brownsville City Council rescinds a $1 plastic bag fee after attorney general Ken Paxton pointed out to them that it was illegal under Texas law.
  • Dawnna Dukes Case Headed to Grand Jury

    Wednesday, January 11th, 2017

    In an update to the Dawnna Dukes story, her case is headed to a grand jury:

    Travis County prosecutors and Texas Rangers will present evidence to a grand jury that state Rep. Dawnna Dukes abused the power of her office, Travis County District Attorney Margaret Moore told the American-Statesman.

    Among possible charges: abuse of official capacity and tampering with public records, Moore said.

    Dukes was sworn into office for a 12th term Tuesday after reneging on a plan to step down before the Legislature convened.

    Moore said that the grand jury proceedings will begin next Tuesday.

    Snip.

    Shortly after the Texas Rangers presented their case against Dukes to Travis County prosecutors in September, the Austin Democrat announced she would step down when her term expired, citing medical issues related to a 2013 car crash had made it impossible for her to serve.

    Days ago, however, Dukes changed her mind. She was sworn in to a 12th term on Tuesday with the rest of her House colleagues.

    The Travis County DA doesn’t have a great reputation (see also: Rosemary Lehmberg and Ronnie Earl), but the Rangers are in a different league entirely.

    (Previously.)

    Dawnna Dukes Changes Course, Refuses to Step Down

    Saturday, January 7th, 2017

    Well, this is an interesting turn of events:

    State Rep. Dawnna Dukes, D-Austin, has informed Travis County District Attorney Margaret Moore that she will not step down from her seat in the Texas House as planned when the House convenes for a new session Tuesday, Moore told the American-Statesman Saturday.

    Moore, newly-sworn in as district attorney, said that Dukes had called her to inform her of her decision.

    Moore said he was already scheduled to meet with Texas Rangers investigating ethics charges against Dukes on Tuesday and would proceed with that meeting and then decide whether to go before a grand jury and seek an indictment of Dukes.

    Dukes announced in September that she would not be sworn in for a 12th term when the next session of the Texas Legislature convenes Jan. 10. Dukes cited medical complications stemming from a 2013 car crash as the reason for her departure, but her announcement came soon after the Texas Rangers completed an investigation into her use of legislative staff and campaign money.

    It’s hard to fathom why she’s doing this, unless it’s to somehow gain more leverage for a better plea deal. Or maybe she just has no other potential job prospects that will let her pretend to work from home while not showing up, given that the last time I covered this story she had been absent from the legislature for a year.

    But I can’t help thinking that Dukes’ desire to remain in the Statehouse will make it a lot more likely that she ends up in the big house instead…

    (Hat tip: Matt Mackowiak’s Twitter feed.)

    Interview with TPPF’s James Quintero on the Texas Municipal Pension Debt Crisis

    Monday, January 2nd, 2017

    James Quintero, the Director of the Center for Local Governance at the Texas Public Policy Foundation, was kind enough to provide some detailed answers to questions I sent him about the municipal pension crisis in Dallas and other large Texas cities. My questions are in italics.


    The Dallas police/fireman’s pension fund issue is generally described as stemming from the fund manager’s risky real estate speculation. Are there any additional structural problems that helped hasten that fund’s crisis?

    When it comes to Texas’ public retirement systems, one of my greatest concerns is that there are other ticking time-bombs, like the DPFP, out there getting ready to explode. It’s not just Dallas’ pension plan that’s taken on excessive risk to chase high yield in a low-yield environment.

    Setting aside the issue of risk for a moment, the DPFP, like most other public retirement systems around the state, suffers from a fundamental design flaw. That is, it’s based on the defined benefit (DB) system, which guarantees retirees a lifetime of monthly income irrespective of whether the pension fund has the money to make good on its promises or not. This kind of system is akin to an entitlement program, warts and all, and is very much at the heart of pension crises brewing in Texas and across the country.

    One of the biggest problems with DB plans is that they rely on a lot of fuzzy math to make them work, or at least give the appearance of working. Take the issue of investment returns, for example. Many systems assume an overly optimistic rate of return when estimating a fund’s future earnings. Baking in these rosy projections is, among other things, a way to understate a plan’s pension debt. In an October 2016 study that I co-authored with the Mercatus Center’s Marc Joffe, I wrote the following to illustrate this very point:

    For example, the Houston Firefighters’ Relief and Retirement Fund (HFRRF) calculates its pension liability using a long-term expected rate of return on pension plan investments of 8.5%. During fiscal year 2015, the plan’s investments returned just 1.53%. Over a 7- and 10-year period the rates of return were 6.4% and 7.9%, respectively. Not achieving these investment returns year-after-year can have a dramatic fiscal impact.

    Even a small change in the actuarial assumptions can have major consequences for the fiscal health of a pension fund. According the HFRRF’s 2015 Comprehensive Annual Financial Report, a 1% decrease in the current assumed rate of return (8.5%) would almost double the fund’s pension liabilities, from $577.7 million to $989.5 million.

    So while risky real estate deals were certainly a catalyst in the current unraveling of the DPFP, I suspect that its refusal to move away from the defined benefit model and into a more sustainable alternative—much like the private sector has already done—would have ultimately led us to this same point of fiscal crisis.

    To what legal extent (if any) is Dallas police/fireman’s pension fund backstopped by the City of Dallas and/or Dallas County?

    Let me preface this by saying that I’m not a lawyer nor do I ever intend to be one. However, Article XVI, Section 66 of the Texas Constitution plainly states that non-statewide retirement systems, like DPFP, and political subdivisions, like the city of Dallas, “are jointly responsible for ensuring that benefits under this section are not reduced or otherwise impaired” for vested employees. Given that, it’s hard to see how the city of Dallas—or better yet, the Dallas taxpayer—isn’t obligated in some major way when their local retirement system reaches the point of no return, which may be a lot closer than people think given all the lump-sum withdrawals of late.

    Likewise, does the state of Texas have any statutory backstop to the Dallas police/fireman’s pension fund, or any other local pension funds?

    For non-statewide plans, I don’t believe so. Again, I’m not a lawyer, but the Texas Attorney General wrote something fairly interesting recently touching on aspects of this question.

    In September 2016, House Chairman Jim Murphy asked the AG to opine on “whether the State is required to assume liability when a local retirement system created pursuant to title 109 of the Texas Civil Statutes is unable to meet its financial obligations.” Title 109 refers to 13 local retirement systems in 7 major metropolitans that are a small-but-important group of plans that have embedded some of their provisions in state law (i.e. benefits, contribution rates, and composition of their boards) I’ve written a lot about this problem in the past (read more about it here).

    In response to Chairman Murphy’s question, the AG had this to say:

    In no instance does the constitution or the Legislature make the State liable for any shortfalls of a municipal retirement system regarding the system’s financial obligations under title 109. The Texas Constitution would in fact prohibit the State from assuming such liability without express authorization.

    …a court would likely conclude that the State is not required to assume liability when a municipal retirement system created under title 109 is unable to meet its financial obligations.

    So at least in the AG’s opinion, state taxpayers wouldn’t be required by law to bail out this subset of local retirement systems. But of course, the political calculus may be different than what’s required by law.

    Compared to the Dallas situation, how badly off are the Houston, Austin and San Antonio public employee pension funds?

    If you’re a taxpayer or property owner in one of Texas’ major cities, I’d be concerned. Moody’s, one of the largest credit rating agencies in the U.S., recently found that: “Rapid growth in unfunded liabilities over the past 10 years has transformed local governments’ balance sheet burdens to historically high levels,” and that Austin, Dallas, Houston, and San Antonio had a combined $22.6 billion in pension debt—and it’s growing worse!

    Using the Pension Review Board’s latest Actuarial Valuations Report for November 2016, we can parse the systems within each municipality to get a little bit better sense of where the trouble lies. Pension debt for the retirement systems in the big 4 looks like this:

  • Austin Employees’ Retirement System: $1.1 billion, Austin Police Retirement System: $346 M, and Austin Fire Fighters Relief and Retirement Fund: $93 M;
  • Dallas Employees’ Retirement Fund: $809 M, Dallas Police and Fire Pension System—Combined Plan: $3.3 B, and Dallas Police and Fire Pension System—Supplemental: $23 M;
  • Houston Municipal Employees Pension System: $2.2 B, Houston Firefighters’ Relief and Retirement Fund: $467 M, and Houston Police Officer’s Pension System: $1.2 B; and
  • San Antonio Fire and Police Pension Fund: $360 M.
  • Of course, it’s important to keep in mind that the figures use some of the same fuzzy math as described above, so the actual extent of the problem may be worse than the PRB’s latest figures indicate.

    What similarities, if any, are there to current Texas municipal pension issues and those that forced California cities like San Bernardino, Stockton and Vallejo into bankruptcy? What differences?

    The common element in most, if not all, of these systemic failures is the defined benefit pension plan. Because of the political element as well as the inclusion of inaccurate investment assumptions in the DB model, these plans are almost destined to fail, threatening the taxpayers who support it and the retirees who rely on it. And sadly, that’s what we’re witnessing now across the nation.

    As far as the differences go, California’s municipal bankruptcies as well as Detroit’s were preceded by decades of poor fiscal policy and gross mismanagement. I don’t see that same thing here in Texas, but it’s also important that we don’t let it happen too.

    California pensions were notoriously generous (20 years and out, spiking, etc.). Do any Texas state or local pensions strike you as unrealistically generous?

    Any plan that’s making pension promises but has no plan on how to make good on those promises is being unrealistically generous. And unfortunately for taxpayers and retirees alike, a fair number of plans can be categorized as such.

    The Pension Review Board’s Actuarial Valuations Report for November 2016 reveals that of Texas’ 92 state and local retirement system, only 4 of them are fully-funded. At the other extreme, a whopping 19 of the 92 plans have amortization periods of more than 40 years. Six of those 19 plans have infinite amortization periods, which effectively means that they have no plan to keep their promises but are instead planning to fail.

    As far as specific plans go, there’s no question that the Dallas Police and Fire Pension System is the posterchild for the overly generous. The Dallas Morning News recently covered the surreal levels of deferred compensation offered, finding that:

    The lump-sum withdrawals come from the Deferred Retirement Option Plan, known as DROP. The plan allows veteran officers and firefighters to essentially retire in the eyes of the system and stay on the job.

    Their benefit checks then accrue in DROP accounts. For years, the fund guaranteed interest rates of at least 8 percent. DROP made hundreds of retired officers and firefighters millionaires. And once they stopped deferring the money, they received their monthly benefit checks in addition to their DROP balance. [emphasis mine]

    It’s probably fair to say that any public program that makes millionaires out of its participants is probably being too generous with its benefits.

    There seem to be only two recent local government bankruptcies in Texas, neither of which were by cities: Hardeman County Hospital District Bankruptcy and Grimes County MUD #1. Did either of these involve pension debt issues?

    I’m not familiar with those instances, but when it comes to the issue of soaring pension obligations, I can tell you that the system as a whole is moving in bad direction.

    In November 2016, Texas’ 92 state and local retirement systems had racked up over $63 billion dollars of unfunded liabilities, with more than half owed by the Teacher Retirement System. That’s a staggering amount of pension debt that’s not only big but growing fast. And worse yet, that’s in addition to Texas’ already supersized local government debt-load.

    How we’re going to make good on all of these unfunded pension promises is anyone’s guess. But I imagine that it’ll involve some combination of much higher taxes, benefit reductions, and fewer city services.

    What limits or constraints does Texas place on Chapter 9 bankruptcy?

    The Pew Charitable Trusts’ Stateline has some good information on this, at least as far as municipal bankruptcy is concerned. A November 2011 report, Municipal Bankruptcy Explained: What it Means to File for Chapter 9, had this to say about the process:

    Who can file for Chapter 9? Only municipalities — not states — can file for Chapter 9. To be legally eligible, municipalities must be insolvent, have made a good-faith attempt to negotiate a settlement with their creditors and be willing to devise a plan to resolve their debts. 

They also need permission from their state government. Fifteen states have laws granting their municipalities the right to file for Chapter 9 protection on their own, according to James Spiotto, a bankruptcy specialist with the Chicago law firm of Chapman and Cutler. Those states are Alabama, Arizona, Arkansas, California, Idaho, Kentucky, Minnesota, Missouri, Montana, Nebraska, New York, Oklahoma, South Carolina, Texas and Washington. 

    Hopefully this is a process that can be avoided entirely, but given the fiscal condition of the DPFP and potentially a few other systems, I’m not sure that’ll be the case.

    Next to Dallas, which municipal pensions would you say are in the worst shape?

    I’m most concerned about the local retirement systems in Title 109. The reason, again, is that these 13 local retirement systems are effectively locked into state law and there’s little that taxpayers or retirees in those communities can do to affect good government changes without first going to Austin. These systems have basically taken a bad situation and made it worse by fossilizing everything that counts.

    In the Texas Public Policy Foundation’s 2017-18 Legislator’s Guide to the Issues, I cover this issue in a little more detail. In the article (see pgs. 122 – 124), I write of these plans’ fiscal issues which can be seen below, albeit with slightly older data.

    texaspensiondebtchart

    (Funded ratios marked in red denote systems that are below the 80% threshold, signifying a plan that may be considered actuarially unsound. Source: Texas Bond Review Board.)

    The fact that these systems either are in or are headed for fiscal muck is a big reason why the Texas Public Policy Foundation is helping to educate and engage on legislation that would restore local control of these state-governed pension plans. People on the ground-level should have some say over their local plans, and that’s what we’ll be fighting for next session. Encouragingly, a bill’s already been filed in the Senate (see SB 152) and there should be legislation filed shortly in the House to do just that.

    Should Texas government agencies switched over to defined contribution (i.e. 401K) plans over standard pension plan, and if so, how might this realistically be accomplished without endangering existing retirees?

    ABSOLUTELY. Ending the defined benefit model and transitioning new employees into something more sustainable and affordable, like a defined contribution system, is one of the best things that the state legislature can do. This is something I’ve long been an advocate of.

    In fact, in early 2011, I played a very minor role in the publication of some major research spearheaded by Dr. Arthur Laffer, President Ronald Reagan’s chief economist, that advanced this same reform idea (see Reforming Texas’ State & Local Pension Systems for the 21st Century). I’ve also written a lot about the need to make the DC-switch, making the case recently in Forbes that:

    DC-style plans resemble 401(k)s in the private sector and the optional retirement programs (ORP) available for higher education employees in Texas. These DC-style plans put the power of an individual’s future in their own hands instead of depending on the good fortune of government-directed DB-style plans. DC-style plans are portable and sustainable over the long term as they are based on the contributions of retirees and a defined government match.

    With DC-style plans, retirees will finally have the opportunity to determine how much risk they are willing to take. They also reduce the risk that the government will default on their retirement or fund those losses with dollars from taxpayers who never intended to use these pensions. By giving retirees more freedom on how to best provide for their family, they will be in a much better position to prosper.

    Because of their efficiency, simplicity and fully funded nature, the private sector moved primarily to DC-style plans long ago. For the sake of taxpayers and retirees dependent on government pensions, it’s time for all governments to move to these types of plans as well.

    As far as dealing with transition costs, some much smarter people than I have written on this issue and found that it’s not as big of a challenge as it’s made out to be. Dr. Josh McGee, a vice president with the Laura and John Arnold Foundation, a senior fellow with the Manhattan Institute, and Chairman of the Pension Review Board, had this to say about the matter:

    Moving to a new system would have little to no effect on the current system. State and local pensions are pre-funded systems, and unlike Social Security, the contributions of workers today do not subsidize today’s retirees. Future normal cost contributions are used to fund new benefit accruals that workers earn on a go-forward basis and are not used to close funding gaps. Therefore, it matters little whether the normal cost payments are used to fund new benefits under the current system or a new system.

    (Source: The transition cost mirage—false arguments distract from real pension reform debates.)

    Another pension expert, Dr. Andrew Biggs with the American Enterprise Institute, published research that found that:

    In this study, I show that if a pension plan were closed to new hires, over time the duration of liabilities would shorten, and the portfolio used to fund those liabilities would become more conservative. However, the effects of these transition costs are so small as to be barely perceptible.

    (Source: Are there transition costs to closing a public-employee retirement plan?)

    I’m confident that with the right plan in place, Texas’ state and local retirement systems can make the switch to defined contribution and we’ll be all the better for it.


    Thanks to James Quintero for providing such a detailed analysis!

    And since we’re on the topic, here’s a roundup of news on the Dallas Police and Fireman’s pension fund crisis:

  • The Texas Rangers have launched a criminal probe into the shortfall.
  • City Journal offers details on the unreasonable generosity of the Dallas plan (which covers some of the same DROP issues Quintero mentions):

    Dallas created the police and fire plan in 1916. The system’s trustees eventually persuaded the state legislature to allow employees and pensioners to run the plan. Not surprisingly, the members have done so for their own benefit and sent the tab for unfunded promises—now estimated at perhaps $5 billion—to taxpayers. Among the features of the system is an annual, 4 percent cost-of-living adjustment that far exceeds the actual increase in inflation since 1989, when it was instituted. A Dallas employee with a $2,000 monthly pension in 1989 would receive $3,900 today if the system’s annual increases were pegged to the consumer price index. Under the generous Dallas formula, however, that same monthly pension could be worth more than $5,000. No wonder the ship is sinking.

    The system also features a lavish deferment option that lets employees collect pensions even as they continue to work and earn a salary. Moreover, the retirement money gets deposited into an account that earns guaranteed interest. Governments originally began creating these so-called DROP plans as an incentive to encourage experienced employees to keep working past retirement age, which in job categories like public safety can be as young as 50. In Dallas, the pension system gives workers in the DROP plan an 8 percent interest rate on their cash, at a time when yields on ten-year U.S. Treasury notes, a standard for guaranteed returns, are stuck at less than 2 percent. According to the city, some 500 employees working past retirement age have accumulated more than $1 million in these accounts—on top of the pensions that they will receive once they officially stop working.

  • The Dallas Morning News says that there’s plenty of blame to go around:

    Over the years, the Dallas Police and Fire Pension System fund has amassed $2 billion to $5 billion in unfunded liabilities, the result of bad real estate investments and blatant self-enrichment from prior management. Coupled with a possible setback in ongoing litigation over public safety salaries, Dallas is in the most financially precarious position in its history.

    City officials are openly uttering the word bankruptcy, not just of the pension fund but the city itself. As Mayor Mike Rawlings told the Texas Pension Review Board this month, “the city is potentially walking into the fan blades that might look like bankruptcy.”

    The state Legislature created this mess by not giving the city a meaningful voice in the fund’s operation and allowing the former board of the pension fund to unilaterally sweeten its membership’s promised benefits without concern to the overall fiscal damage being done. Now it must help the city clean up the mess.

    Dallas already provides nearly 60 percent of its budget to support public safety services and recently contributed $4.6 million to increase its share of pension contributions to 28.5 percent — the maximum allowed under state statute. However, if Dallas loses the lawsuit over salaries and no changes are made to the pension fund, the city could take an $8 billion hit. That is roughly equal to eight years of the city’s general fund budget.

  • That said, the bond market doesn’t seem to think Dallas is near bankruptcy.
  • And it’s not just Dallas:

    Austin, Dallas, Houston and San Antonio collectively face $22.6 billion worth of pension fund shortfalls, according to a new report from credit rating and financial analysis firm Moody’s. That company analyzed the nation’s most debt-burdened local governments and ranked them based on how big the looming pension shortfalls are compared to the annual revenues on which each entity operates.

    “Rapid growth in unfunded pension liabilities over the past 10 years has transformed local governments’ balance sheet burdens to historically high levels,” the report says.

    Chicago had the most dire ratio on the national list. Dallas came in second. According to the report, the North Texas city has unfunded pension liabilities totaling $7.6 billion. That’s more than five times the size of the city’s 2015 operating revenues.

    Both those cities may turn to the public to partially shore up their shortfalls. Houston Mayor Sylvester Turner wants to use $1 billion in bonds to infuse that city’s funds. Dallas police officer and firefighter pension officials also want $1 billion from City Hall, an amount officials there say is too high.

    Meanwhile, Austin ranked 14th on the Moody’s list with unfunded pension liabilities of $2.7 billion. San Antonio ranked 22nd with a $2.3 billion shortfall.

  • LinkSwarm for December 9, 2016

    Friday, December 9th, 2016

    The Dallas police and fireman pension fund has halted withdrawals of money to stop a pension run in order to keep the system (temporarily) solvent. Texas municipal pension debt is a big story with a lot of different ramifications and angles, and I need to do some research before I post, hopefully sometime next week.

    In the meantime, enjoy a Friday LinkSwarm:

  • Why they voted for Trump:

    Working-class Americans have been mocked, maligned, and forgotten long enough. They are fed up and they went to the voting booth last week and said so.

    This election’s “red state” vote had little to do with racism or any phobias. The message we heard last week was, rather, a clear and simple plea from the average blue-collar, small-town mother and father for Washington and other big-city elites to stop belittling, disparaging and vilifying them and their families. It was their way of telling the “know-it-alls”; the politicians and pundits, to stop flying over and driving past their gutted factories and dying towns and pretending they don’t exist and do not matter. They simply wanted the “smarter and more educated” city folks to know that they are tired of insults and that the condescension needs to stop. They voted for Trump because someone finally appeared to care and listen.

    They voted for Trump because he seemed to get it. Finally, someone seemed to understand that the average guy: the plumber, the carpenter, the truck driver, the farmer — the good and decent family man from Dewey, Oklahoma, and from Hillsdale, Michigan — is the one who is now suffering from more cultural disrespect than perhaps anyone else in all the country.

    They voted for Trump because they’re sick and tired of being laughed at. They voted for Trump because they have, frankly, “had it” with being labeled intolerable by those who claim to be tolerant. They voted for Trump because they think it’s deplorable that they are the ones being called “deplorables.”They voted for Trump because they can’t turn on the TV, listen to the radio or read the news without some highbrow elitist in the mainstream media calling them “low-information,” “uneducated white males” who are too dumb to know what’s best for them and too stupid to see that Washington knows best. They voted for Trump because all they want is to have a job, get some respect, pick up a paycheck, go to church, raise their kids and be left alone.

    This is why. This is the explanation.

    Hate had nothing to do with it.

    (Hat tip: Director Blue.)

  • Kurt Schlichter: “The liberals are truly going nuts, and it’s beautiful.”

    They recently resurrected Nancy Pelosi for another glorious term winnowing away the House Democrat caucus. Pretty soon it’s just going to be her and some guy representing Berkeley who they recruited while he was shouting “Workers of the world unite!” at bored coeds on Telegraph Avenue. You know, if you want to reach out to the kind of hard-working, salt-of-the-earth, normal Americans who voted for the black guy then allegedly refused to vote for the woman because they are racist, you totally want an ancient, rich, snooty, San Francisco leftist and Botox after-picture like the Nanster.

    The only way you could further alienate these alienated voters is, I don’t know, making your DNC chairman some radical leftist, urban black Muslim who hates guns, loves Farrakhan and who parties with Middle Eastern scumbags who issue fatwas to kill those voters’ soldier sons and daughters. Now, that’s some real diversity, and the Dems should totally get right on it. But seriously, we could never dare to hope that the Democrats would be that stupid. Could we?

    And I had to laugh at this, even a little guiltily:

    Next up at bat is the hard-4 hedgehog that is anti-gun activist and alleged comedian Amy Schumer, another over-praised, over-hyped mediocrity who Tinseltown is trying to force down our throats like the fingers she clearly never forced down hers.

  • Speaking of liberals going nuts, this Washington Post piece about how Trump’s election stole one woman’s sexual desire is an exemplar of the “Middle Aged Feminist Talks About How She’s Very Upset With Politics While Narcissisticly Sharing The Tedious Minutia of Her Life” piece.
  • “Liberals have migrated beyond observable reality into fantasyland.” (Hat tip: The Other McCain.)
  • Liberals prove once again how sane and generous they are by suggesting to let Tennessee wildfire victims burn because they voted for Trump.
  • The collapse of the political left:

    The rejection was apparent in the 2010 and subsequent House elections; Republicans have now won House majorities in ten of the last 12 elections, leaving 2006 and 2008 as temporary aberrations. You didn’t hear Hillary Clinton campaign on the glories of Obamacare or the Iran nuclear deal, and her attack on “Trumped-up, trickle-down economics” didn’t strike any chords in the modest-income Midwest.

    Republican success has been even greater in governor and state legislature elections, to the point that Democrats hold governorships and legislative control only in California, Hawaii, Delaware and Rhode Island. After eight years of the Obama presidency, Democrats hold fewer elective offices than at any time since the 1920s.

    (Hat tip: Director Blue.)

  • Hey, maybe liberals should use persuasion rather than automatically label everyone who disagrees with them racist. (Hat tip: Will Shetterly.)
  • Clintonistas are still bitching about Bernie Sanders, saying his challenge to their beloved Queen fatally wounded her. You know, the way Trump having a dozen primary challengers kept him from becoming President.
  • Piers Morgan (I know) on how Donald Trump pwns the media. “Every time they throw their high-minded journalistic toys out of their strollers at one of his tweets, Trump wins.” (Hat Tip: Borepatch.)
  • Trump is blessed by having weak opponents: “How influential did the press expect to be? It ran against Trump in the election and lost. Why should anybody inclined to support the president-elect — roughly half the country, you may recall — pay attention now to a press that has said the usual rules don’t apply? Again, the more the opposition was cranked up, the less effective it became.”
  • Outgoing Vice President Joe Biden says he’s running for President in 2020. It’s not like he would have done worse than Hillary did this year…
  • ObamaCare in one graphic. One big, depressing graphic…
  • Reminder: That “97% of scientists agree than man is causing climate change” factoid is false.
  • Ties between Recep Tayyip Erdogan’s Islamist government and the Islamic State.
  • Are NGOs smuggling illegal aliens into Europe with the help of the EU?
  • With her poll ratings dropping, Angela Merkel suggests a burka ban. Such actions would be unnecessary if Merkel hadn’t brought the “refugee” crisis on in the first place.
  • Five Afghan “refugees” charged with raping a 15-year old boy in Sweden. Strangely enough, I don’t remember gay gang rapes of children in Sweden being in the news before the current wave of Islamic immigration…
  • Speaking of Afghan “refugees,” an EU official’s daughter was murdered by one.
  • What Trump’s Taiwan phone call means:

    When evaluating this unorthodox and, yes, risky move, one has to remember that it is China, not the United States, that has been rewriting the rules of engagement in the East and South China Sea. It is China that has been unilaterally asserting territorial claims against its neighbors, China asserting jurisdiction over international waters and air space, China failing to rein in the increasingly serious North Korean nuclear program. The power that is challenging the status quo in Asia is not the United States.

    (Hat tip: The Corner.)

  • Italy’s PM: Hey, give me near absolute power, because that’s never backfired on Italy before! Italy: Get stuffed!
  • In related news, actress Paola Saulino, who promised blow jobs for those who voted against the referendum, says she’s making good on her promise. What? You want pictures of Paola Saulino? Well, if you insist:

    And here are the dates for her “thank you” tour:

    I get the feeling the adoring crowds will make Black Friday look tame by comparison… (Hat tip: Ace of Spades HQ.)

  • Now India is confiscating gold and jewelry from political enemies targets of corruption probes.
  • Canada wants to criminalize pronouns. (Hat tip: Instapundit.)
  • If the New York Times wants to fight “fake news,” perhaps they should look in the mirror.
  • A guide to winning the media wars:

    We all know that independent websites taking Hillary to task on her very real and very deplorable track record of being a compulsive liar is what was truly decisive. The mainstream media knows this, which is why they haven’t actually been focusing on censoring provably fake news sites, but rather have been promoting an agenda to lump any non-establishment perspectives within the umbrella of “fake news” in order to destroy their competition and regain an upper hand in the national narrative. If those of us who value independent media want to thwart this nefarious plan, we need to fully understand what these cretins are up to.

  • 27-year male Clinton supporter hits 69 year old woman over the head with a chair. In his defense, he really does not look like the sharpest knife in the drawer:

    Or even the sharpest spoon…

  • More fake hate crimes.
  • The amnesty crowd is at it again.

    A DREAM Act 2.0 that addressed these problems — that prosecuted fraud, implemented enforcement, prevented downstream legal immigration, and focused much more narrowly on those who came very young — would possibly be something that even I, were I a congressman, might be able to vote for. But the lack of these elements is clear proof that the amnesty crowd isn’t interested in fixing the specific problem of a sympathetic but small group of people; rather, these young people are simply poster children who have been used for years to try to justify a general amnesty for all illegal aliens. And when the DREAM Act fails, as it will, Pedro Ramirez and his fellows will need to ask the pro-amnesty politicians and lobbying groups why they were sacrificed on the altar of “comprehensive immigration reform.”

  • Instapundit suggests downsizing imperial Washington:

    Donald Trump ran for president on the slogan “Make America Great Again!” And he’s also promised to “drain the swamp” in Washington. But maybe the way to do that is to make Washington a little less great. Because as Washington has prospered over the last several decades — to the point where people are making Hunger Games comparisons — the rest of the country hasn’t done as well.

    So perhaps it’s time for a role-reversal. I propose that over the next several years, we transfer a lot of federal employees out of the Washington, D.C. metropolitan area, to parts of the country that aren’t doing so well economically. This would provide a boost to places like Buffalo, New York, or Quincy, Illinois, or Fresno, California, while getting federal bureaucrats out of the D.C. bubble.

  • Delusional liberal in Time suggests that people not pay their taxes while Trump is president. So he wants to: A.) Starve the federal government of money, and B.) Put liberals in prison where they can’t vote. OK, but what’s the downside?
  • Supreme Court Justice Clarence Thomas issues a stay of execution for an Alabama inmate. “Lawyers for Smith argue that although the jury rendered a verdict of life without parole, the trial court overrode the jury’s verdict and sentenced Smith to death.” Hmmm…
  • There’s a new cybersecurity commission report out. Guess what? It’s crap!
  • Black Workers’ Suit Accuses Job Agency of Favoring Hispanic Applicants.” Also: “He added that the staff of the MVP office in Cicero ‘was mainly Mexicans’ and that the employees were not welcoming toward African-American job seekers.” Also: “The vast majority of Hispanic job applicants served by MVP were in the United States illegally.” Note: The agency in question is not the Democratic Party, or the federal government… (Hat tip: Ann Althouse.)
  • Speaking of racial discrimination lawsuits in hiring, CNN is being sued for just that. (Hat tip: The Other McCain.)
  • Armor car robbery ringleader killed in Houston, accomplices arrested. (Hat tip: Dwight.)
  • Recovering from a devastating spinal injury via power lifting. (Ht tip: Instapundit.)
  • Marxist vegan diner closes. “Ultimately, the restaurant’s popularity among social justice warriors proved unable to sustain its rickety business model.”
  • Naval Base Bombed, Shinto Worshipers Fear Backlash – New York Times – December 8 1941.” (Hat tip: Director Blue.)
  • Noted without comment: The @EvilMopacATX twitter feed.
  • Six Austin Communists Arrested for Assaulting Trump Supporters

    Tuesday, November 15th, 2016

    Forgot all those fake hate crimes the left is saying came from Trump supporters. The documented assaults all seem to be coming from the anti-Trump forces.

    Take, for example, these super-geniuses:

    The Texas Department of Public Safety says it arrested 6 members of a local communist group, Red Guards Austin, for assaulting pro-Trump members in Sunday’s protest.

    DPS troopers arrested Jarred Roark, 34, after he allegedly assaulted an individual on South Congress and 11th Street adjacent to the State Capitol.

    Roark was arrested on felony aggravated assault, resisting arrest and evading arrest.

    Troopers also arrested five other suspects related to the initial incident:

  • Taylor Tomas Chase, 21, interference with public duty and resisting arrest
  • Joseph Wayne George, 36, interference with public duty
  • Samuel Benjamin Lauber, 21, interference with public duty and resisting arrest
  • Jason Peterson, 24, interference with public duty and resisting arrest
  • Jade Tabitha Shackelford, 19, felony assault on public servant
  • They all look like real winners:

    Nothing says “unlimited job prospects” quite like face and neck tattoos.

    And what’s with the identical gray striped shirts? Did they make a bulk order at the Gray Striped Gulag Shirt Emporium?

    Austin breeds some extra special snowflakes…

    (And yes, that giant post-election roundup is still coming. Look for it tomorrow.)

    Massad Ayoob Interviews John Daub on His Shooting

    Sunday, October 30th, 2016

    Handgun expert Massad Ayoob interviews John Daub about his self-defense shooting from January of last year. If you’ve been following this blog regularly, then there’s not a whole lot (from the original incident to follow-ups to the grand jury no-billing Daub to Daub’s own account) that you haven’t read before, but Ayoob does his usual thorough job. However, here’s one tidbit I missed: Between the time of the shooting and the case being sent to the grand jury, the group mental health facility where Daub’s intruder lived “was shut down and surrendered its license.”

    Hat tip: Stuff from Hsoi, naturally.

    A Roundup of Texas Lawsuits of Note

    Wednesday, October 26th, 2016

    A number of lawsuits related to local or federal overreach in Texas are working their way through the court system. Here’s a quick roundup of developments in a few notable cases.

  • U.S. District Judge Reed O’Connor reiterated that the injunction that stops Obama’s tranny bathroom mandate still applies nationwide. Attorney General Ken Paxton has filed a lawsuit against the tranny bathroom mandate which has been joined by 13 other states.
  • Paxton has also joined a Texas Public Policy Foundation lawsuit against the City of Austin over their new short-term rental ordinance. “The Ordinance raises significant constitutional questions, because it functionally ousts homeowners and investors from real property without just compensation.”
  • Paxton also joined another TPPF lawsuit against the City of Brownsville over their $1 fee on plastic checkout bags, calling it an illegal sales tax, as bags are not taxable under state law.
  • Speaking of Paxton, in case you missed it, the SEC case against Paxton was thrown out by a federal judge:

    Texas Attorney General Ken Paxton won a sweeping victory in court Friday when Federal District Judge Amos L. Mazzant III dismissed a fraud case the Securities and Exchange Commission had brought against him.

    Mazzant, who was appointed to the federal bench by President Barack Obama, found that even if all the facts the SEC alleged were true, they didn’t amount to any violation of securities law by Paxton.

    The SEC had dogpiled on Paxton after Collin County special prosecutors got a local grand jury to indict Paxton under state securities law in August 2015.

  • Now the question is whether Collin County will drop its own case against Paxton, and end payment of high dollar special prosecutor fees, now that the SEC has dropped the case.
  • Also note that Texas is still a co-plaintiff in State of West Virginia, et al. v. EPA, over the Obama Administration’s “Clean Power Plan,” which the Supreme Court ordered stayed February of last year.