In a dramatic loss for the Texas House of Representatives, the Texas Senate did not sustain any of the articles of impeachment against Attorney General Ken Paxton, triggering his reinstatement to office after nearly a four-month suspension.
The House Board of Managers needed to convince 21 senators to sustain at least one of the charges. The Senate’s court of impeachment sustained none of the charges, granting a full acquittal to Paxton to resume his position as the duly elected attorney general.
Most of the charges were dismissed by a vote of 14 to 16.
After the vote concluded, Sen. Brian Birdwell (R-Granbury) made a motion to dismiss the four articles of impeachment that had been held in abeyance and were not considered in the Senate’s impeachment trial proceedings. The motion passed by a vote of 19 to 11.
Paxton slammed the Texas House and Speaker Dade Phelan (R-Beaumont) in a statement celebrating the acquittals.
“The weaponization of the impeachment process to settle political differences is not only wrong, it is immoral and corrupt,” Paxton said.
“Now that this shameful process is over, my work to defend our constitutional rights will resume. Thank you to everyone who has stood with us during this time.”
The attorney general thanked his wife, Sen. Angela Paxton (R-McKinney), and his other supporters.
Patrick had his own criticisms of Phelan and the House after the acquittals were announced.
“Millions of taxpayer dollars have been wasted on this impeachment!” Patrick exclaimed from the dais.
The lieutenant governor called for amendments to the Texas Constitution to prevent the hasty impeachment of an elected official based on unsworn testimony, among other recommendations.
A few moments later, Patrick signed the documents reinstating Paxton as attorney general and dissolved the Senate’s court of impeachment.
It became apparent in the trial that the allegations against Paxton were unsupported.
The next step should be that every Republican who voted to impeach Paxton in the House or Senate needs to be primaried.
And Dade Phelan should be at the top of that list.
The Biden economy continues to batter ordinary Americans, CIA’s bribing experts to protect China and the deep state, Ukraine makes Russian ships and air defense systems in Crimea go boom, UAW goes on strike, and sanctuary city chickens come home to roost. Plus a personal update at the end. It’s the Friday LinkSwarm!
Joe Biden continues to work his special brand of magic on the economy: “Real household income suffers biggest drop since Great Recession.”
Nominally, households earned more money in 2022 than they did in 2021. But thanks to inflation caused by Bidenomics, real household income (that is, income adjusted for inflation) not only fell, but fell by an amount not seen since the Great Recession.
According to Census Bureau numbers released Tuesday, median household income fell from $76,330 in 2021 to $74,580 in 2022, a decline of 2.3%. This is the biggest drop in real household income since 2010, when it fell 2.6%. Even at the height of the pandemic, when millions of people couldn’t work, real income only fell 2.2%.
The decline in real income was driven entirely by near-record-high inflation. According to the Census Bureau, inflation rose 7.8% between 2021 and 2022, which was the largest inflation increase since 1981.
Isn’t not being able to feed your family a small price to pay for our elites not having to deal with mean tweets? (Hat tip: Stephen Green at Instapundit.)
A ‘senior-level’ CIA whistleblower has come forward to allege that the agency bribed analysts to change their opinion that Covid-19 most likely originated in a lab in Wuhan, China, according to the NY Post.
The whistleblower told House committee leaders that his agency ‘ tried to pay off six analysts who found SARS-CoV-2 likely originated in a Wuhan lab if they changed their position and said the virus jumped from animals to humans,’ according to a Tuesday letter from the chairmen of two House subcommittees investigating the pandemic response and US intelligence, Brad Wenstrup (R-OH) and Mike Turner (R-OH).
The pair have requested all documents, communications and pay info from the CIA’s Covid-19 Discovery Team by Sept. 26.
“According to the whistleblower, at the end of its review, six of the seven members of the Team believed the intelligence and science were sufficient to make a low confidence assessment that COVID-19 originated from a laboratory in Wuhan, China,” reads the letter from the House panel chairmen.
“The seventh member of the Team, who also happened to be the most senior, was the lone officer to believe COVID-19 originated through zoonosis.
“The whistleblower further contends that to come to the eventual public determination of uncertainty, the other six members were given a significant monetary incentive to change their position,” the letters continue, adding that the analysts were “experienced officers with significant scientific expertise.”
Hunter Biden indicted on federal gun charges. A whole lot of observers think this is just an excuse to avoid indicting him (and his father) on bribery and corruption charges.
Washington refused to fully fund construction of a wall along the Mexican border as Congress obeyed the U.S. Chamber of Commerce — whom Republicans bow to — and the galaxy of gangs, drug cartels, pedos, Chinese spies, terrorists and Methodists who back Democrats. There are some overlaps. My point is, Democrats cannot destroy the nation without help.
There seemed to be no stopping the onslaught. What to do? What to do? What to do?
Well, they were messing with Texas and as Texans say, don’t mess with Texas.
Its governor’s press office said in June, “In April 2022, Governor Abbott directed the Texas Division of Emergency Management to charter buses to transport migrants from Texas to Washington, D.C. The Governor added New York City, Chicago, and Philadelphia as additional drop-off locations last year and most recently added Denver as a busing destination last month. Since beginning the migrant busing strategy last spring, more than 21,600 migrants have been transported to these self-declared sanctuary cities while providing much-needed relief to Texas’ overwhelmed border communities.”
Battles are usually fought with horses, tanks or aeroplanes. Greg Abbott used buses. As of June, he shipped 500 busloads of illegal aliens to sanctuary cities. The shipments continue.
Virginia Democratic statehouse candidate Susanna Gibson is complaining that there are videos of her having sex with her husband online. Gee, how did they get online? “Gibson had an account on Chaturbate, a legal website where viewers can watch live webcam performances that feature nudity and sexual activity…The videos show Gibson and her husband, John David Gibson, having sex and at times looking into the camera and asking viewers for donations in the form of ‘tokens’ or ‘tips’ to watch a private show.” It did not take Columbo to crack this case. (Hat tip: Instapundit.)
The Democrat Party has a latent disaster on its hand vis a vis one RFK Jr.
On the one hand, they are fully dedicated to sabotaging his campaign. Under no circumstances whatsoever will he be permitted to win the nomination.
Even if he had 80%+ support from the electorate, the sick truth is that party leadership (influenced by the consultant and donor classes) would rather lose with Brandon than win with RFK Jr. because of what he’s liable to do to the Deep State and D.C. largesse were he ever to assume office. It would be a proverbial bloodbath for the administrative state and all of the grifters who feed on it.
On the other hand, they need to keep RFK Jr. within the Democrat Party fold because if he were to go rogue and run third party — which he, frankly, should have been doing all along — it would be a veritable death knell for the Brandon entity’s prospects in 2024, which are wafer-thin as it is.
Whatever perceived threat Cornel West poses to Brandon’s re-election with his Green Party run, magnify that threat by 10x, 100x and you’re in the ballpark of what RFK Jr. would do to the party. It’s not outlandish to speculate that a strong third-party run by RFK Jr. might literally break the Democrat Party for years or possibly forever. That’s how sick of the party’s BS its own members, not to mention independents and non-voters (the largest, unserviced voting bloc in the country), are.
RFK Jr. has already proven himself nearly bulletproof from relentless Democrat Party and corporate state media attacks — arguably on the same level in this regard as “Teflon” Don.
There’s a petition to have the Hays County district attorney removed from office.
The person who filed it? The Hays County district clerk.
The petition was filed by Hays County District Clerk Avrey Anderson on Tuesday, Sept. 12. I
It alleged that Hays County DA Kelly Higgins implemented and executed a policy or policies that refused to prosecute a class or type of criminal offense under state law.
The petition said DA Higgins has made public declarations that he would not prosecute the following:
simple drug possession offenses
simple cannabis possession offenses
procedures committed by a licensed physician in the case that they are treating transgenders
procedures committed by a licensed physician in the case they are performing abortions
According to the court documents filed, there’s been an excessive amount of felony possession of cannabis, methamphetamine and cocaine cases being declined for “random and nonspecific reasons.”
I know one of the first questions in your mind: Is Higgins a Soros-backed DA? Answer cloudy. She got $2,000 from Chip Shields in Portland, OR. Shields founded Better People, a pro ex-con thing, but I can’t find a direct Soros link to Higgins. (Hat tip: Dwight.)
Things that make you go Hmmmm: “A representative of the Harris County attorney’s office told a district court judge that the county would use all legal means to prevent the deposition of the deputy director of election technology Jason Bruce.”
National Review looks back at Simon and Garfunkel. Don’t agree with everything here, but they did make some great music Back In The Day…
“14-year-old son died after attempting the ‘One Chip Challenge.’ You don’t want to jump into that sort of thing without building up your resistance first. Me, I’m pretty sure I could do it, especially if I could find a way to make money off it. Maybe I could get 100,00 people to pledge a buck for every one I eat, and then then see how many I can eat on a live-stream…
Ever wanted to hear The Monkees’ Micky Dolenz do an album of REM covers? Yeah, me neither, but here’s “Shiny Happy People.”
Also, my most recent job just ended. So here’s the tip jar, if you’re so inclined:
I don’t usual rattle the jar, because I make good money when employed, and I’m hardly destitute, but every bit helps. If you know of any remote Senior Technical Writer positions, let me know.
I haven’t been covering the Ken Paxton impeachment because I don’t think I have anything novel to say about it that hasn’t been covered better elsewhere. Enjoy the Friday LinkSwarm!
U.S. credit card debt tops $1 trillion. Thanks, Joe Biden.
Truth about our current economic situation:
We went into a recession after two back to back quarters of -1.5 over a year ago. When this happened, the establishment changed the parameters that define recession. We’ve remained at a net loss with job creation and “Bidenomics”. This isn’t recovery and everyone knows it. https://t.co/RXltpBNxhp
The feature that really made The Daily Show famous was its masterful use of archival video clips to reveal the hypocrisy of the chattering classes. Stewart would set his target on some party shill or professional talking head being condescending, self-important, dishing out blame, kissing whatever ring he’d been paid to kiss. And then the show would play a clip of the same talking head’s appearance on a C-SPAN 3 four-in-the-morning call-in show from ten years ago, back when he’d been paid to kiss another ring, saying the exact opposite thing.
There was a clip, there was always a clip. And our righteous host would send these hacks packing.
Through all this, certain public figures would be transformed into storylines with narratives and characters, with inside jokes and recurring bits. The media’s storytellers became the subjects of a theater of the absurd. It got so that when certain figures would show up in a segment, you knew you were about to witness them receive their just comeuppance, a great spectacle of spilled archival blood. The audience would titter in excited anticipation.
It was a delight to watch.
Snip.
What had created a culture of “just talking on TV without any accountability,” as one Daily Show writer put it, was not only the sheer volume and speed of the news. It was this true fact that will sound insane to anyone under the age of thirty: People on television reasonably assumed that no one would hear what they had said ever again.
As essayist Chuck Klosterman records in The Nineties: A Book, the key characteristic of twentieth-century media was its ephemerality. You experienced it in real time and internalized what was important and what it felt like. Then you moved on. “It was a decade of seeing absolutely everything before never seeing it again.”
People used to argue with their friends about the plot of a show or what the score had been in the ball game because, well, how were you going to check? Unless you had personally saved the newspaper or recorded it on your VCR, you would need to go to a literal archive and pull it up on microfilm.
TV news was even shakier, as networks often recorded over old tapes. Some of this footage only exists today because of the obsessive efforts of one Philadelphia woman who recorded news broadcasts on 140,000 VHS tapes over forty years.
And so, if you were a pundit or a commentator or a “spin doctor” PR flak, you could say whatever suited your needs at the moment, or even lie with impunity — as long as your lie did not become its own pseudo-event. Your lasting impact was whatever stuck in viewers’ heads and hearts. And if you changed your tune in the months or years afterwards, who would remember?
The Daily Show would remember.
The explosion of live broadcast and cable news had created a new, completely under-valued resource for whoever thought to harness it: catalog clips. Soon, new digital technology could preserve content in amber, allowing for its retrieval, repurposing, or referencing at any time.
It’s a long essay, and I don’t necessarily agree with all the writer’s points, but it’s worth reading.
There was no state of emergency, no curfews, no orders to stay at home or shelter in place. Young Swedes were encouraged to continue with their sports training and events. Schools remained open, and so did offices, factories, restaurants, libraries, shopping centers, gyms, and hairdressers. As a rule, borders were not closed to fellow Europeans and public transportation kept running.
There were no mask mandates and not even a recommendation for the public to use masks—until January 2021, when they were recommended on public transportation during rush hours (7–9 a.m. and 4–6 p.m. on weekdays). While some other governments forced school children to wear face masks, Tegnell even warned against making children wear them, saying that “school is no optimal place for face masks.”6
One can see how Sweden’s path diverged from that of its peers by consulting the latest Human Freedom Index, which has data through 2020. During this first year of the pandemic, Sweden’s freedom rating only fell by 0.19 on a 10‐point scale, compared to 0.49 in Britain and 0.52 in the United States. The only rich country that saw a smaller decline in freedom than Sweden was Singapore, at 0.16.7
Snip.
Analysts from other countries—and even some Swedish scholars—predicted disaster. One influential Swedish model, inspired by the famous British Imperial College study, predicted that Sweden would have 20,000 COVID-19 patients needing intensive care by early May 2020 and a need for intensive care units around 40 times over capacity. By July 1, Sweden would have 82,000 COVID-19 deaths. The Imperial College model predicted between 66,000 and 90,000 deaths without mitigation efforts, and a peak demand of intensive care unit patients 70 times higher than capacity.
Snip.
When you look at excess deaths during the three pandemic years, 2020–2022, compared to the previous three years, you get a very different picture. According to this measure, Sweden’s excess death rate during the pandemic was 4.4 percent higher than previously. Compared to the data that other countries report to Eurostat, this is less than half of the average European level of 11.1 percent, and remarkably, it is the lowest excess mortality rate during the pandemic of all European countries, including Norway, Denmark, and Finland.
“Poland Aims To Create Largest Army In Europe Within Two Years.” Golly, who would need a large army with such historically peaceful neighbors as Germany and Russia?
e Texas Department of Criminal Justice (TDCJ) declared a statewide lockdown of all its correctional facilities on Wednesday morning, citing increased contraband-related incidents and drug-related inmate homicides.
TDCJ said most inmate-on-inmate homicides “are tied back to illegal drugs … and over the last five years, the volume of illegal narcotics entering the system has substantially increased.”
In response to the drug and murder epidemic in Texas jails, TDCJ is implementing the following strategies to restore order:
Systemwide Lockdown: Each facility will limit the movement of inmates and their contact with those outside the prison. Inmates and staff will undergo intensified searches to intercept and confiscate contraband.
Digital Mail: TDCJ is completing the rollout of the digital mail program. Over the last few years, there has been a significant increase in paper soaked in K2 or methamphetamines coming into our facilities. The digital mail program will halt this contraband being sent through traditional mail. Effective September 6, 2023, all inmate mail should be addressed and sent to the Digital Mail Center. All mail received this week will be delivered to the digital mail processing center. More information about this program can be found here: TDCJ News – TDCJ Digital Mail Rollout.
Increased K9 Searches and Other Technology: To assist in contraband detection and outside funding related to contraband, TDCJ will be deploying additional resources. Specialized search teams and narcotic dogs will be deployed to units and staff will be subject to enhanced search procedures.
Comprehensive Searches: All persons entering our facilities at all locations will undergo comprehensive searches.
“Due to the fact staff will be concentrating on these search efforts, visitation will be canceled until further notice. Inmates will still have access to the phone system and tablets,” TDCJ said.
If drugs are getting into Texas prisons, there’s over a 90% chance correctional staff are getting them in there.
“There is no climate emergency,” the Global Climate Intelligence Group (CLINTEL) said in its World Climate Declaration (pdf), made public in August. “Climate science should be less political, while climate policies should be more scientific. Scientists should openly address uncertainties and exaggerations in their predictions of global warming, while politicians should dispassionately count the real costs as well as the imagined benefits of their policy measures.”
A total of 1,609 scientists and professionals from around the world have signed the declaration, including 321 from the United States.
The coalition pointed out that Earth’s climate has varied as long as it has existed, with the planet experiencing several cold and warm phases. The Little Ice Age only ended as recently as 1850, they said.
“Therefore, it is no surprise that we now are experiencing a period of warming,” the declaration said.
Warming is happening “far slower” than predicted by the Intergovernmental Panel on Climate Change.
“Climate models have many shortcomings and are not remotely plausible as policy tools,” the coalition said, adding that these models “exaggerate the effect of greenhouse gases” and “ignore the fact that enriching the atmosphere with CO2 is beneficial.” For instance, even though climate alarmists characterize CO2 as environmentally-damaging, the coalition pointed out that the gas is “not a pollutant.”
Carbon dioxide is “essential” to all life on earth and is “favorable” for nature. Extra CO2 results in the growth of global plant biomass while also boosting the yields of crops worldwide.
CLINTEL also dismissed the narrative of global warming being linked to increased natural disasters like hurricanes, floods, and droughts, stressing that there is “no statistical evidence” to support these claims.
“There is no climate emergency. Therefore, there is no cause for panic and alarm. We strongly oppose the harmful and unrealistic net-zero CO2 policy proposed for 2050. Go for adaptation instead of mitigation; adaptation works whatever the causes are,” it said.
“California mom Jessica Konen won a $100,000 settlement from her daughter’s school district, Spreckels Union School District, after Buena Vista Middle School had socially transitioned her 11-year-old daughter, Alicia, without her knowledge or consent.”
Remember how the UK was economically lagging other countries in Europe and Remainers blamed Brexit? Yeah, not so much.
The Office for National Statistics (ONS) now says that the UK economy actually recovered from the pandemic recession back in 2021. It turns out that wholesalers and the healthcare sector, in particular, had produced much greater output than previously thought.
These updated figures suggest that the UK economy is as much as two per cent larger than previously believed. This means that the UK can no longer be considered the worst-performing economy in the G7. In fact, post-Brexit, the UK recovered from the pandemic at a similar rate to France and at a faster pace than Germany, Europe’s largest economy.
The ONS’s revision is extraordinary. As one leading economist put it: ‘The entire UK economic narrative – post-pandemic – has just been revised away.’ The very basis for the Remainer elites’ narrative of doom has now been shattered before our eyes.
Mark Felton visits Buckingham Palace, and is Not Amused. “The rooms open to the public are, of course, lavishly decorated. The amount of gold painted furniture, pianos and urns, similar to what I imagine Liberace’s house look like. The walls are hung with the usual assortment of well-fed Hanoverians.” Plus: No bathrooms for you, lowly peasant!
Big Medicare fraud ring busted in Houston. How big? $142 million big.
The Office of the Attorney General’s (OAG) Medicaid Fraud Control Unit (MFCU) has made a series of arrests and seized assets related to a fraud case in Houston.
Lily Tran Daniel, Kenneth Reynolds, and Lillian Thai were all arrested on suspicion of their “involvement in a major healthcare fraud scheme” associated with ApolloMDx, a genetic testing company.
According to a release from the OAG, AplloMDx had involvement in a $142 million healthcare fraud scheme where they would offer illegal kickbacks in order to purchase recipient information form marketers and orders for genetic testing from doctors.
The statement from the OAG details how ApolloMDx would make alterations on the dates of service on testing orders, making it appear that they collected multiple DNA samples on different dates, so they could bill for multiple dates of service to increase their Medicare reimbursement on genetic testing claims.
Since the inception of the national Medicare Fraud Strike Force to crack down on Medicare fraud in 2007, Texas has been at the center of many investigations, including what was at the time the country’s largest-ever Medicare fraud takedown in Dallas.
Medicare and Medicaid are two U.S. government programs that were created in the 1960s to provide low-income citizens with a rudimentary form of health insurance coverage. While Medicare covers persons age 65 and older, Medicaid was established for persons under 65 years and those over that age who had exhausted their Medicare benefits. It is also funded jointly by the federal and state governments.
The Texas MFCU worked in conjunction with the Department of Health and Human Services’ (HHS) Office of Inspector General and the Federal Bureau of Investigation to investigate the ApolloMDx case. The prosecution will be carried out by the U.S. Department of Justice’s Health Care Fraud Strike Force. The U.S. Attorney’s Office for the Southern District of Texas is assisting with forfeiture.
In addition to uncovering the fraud scheme, the MFCU seized sports cars, a sailboat, and three properties for a total of $7.1 million, funded by the illegal proceeds accrued from the ApolloMDx operation.
Texas and the federal government jointly finance and administer Medicaid and the Children’s Health Insurance Program, which comes to a total of over $40 billion.
The more money that flows through public welfare systems, the more susceptible to fraud they are. And it wouldn’t surprise me to learn that all the additional money flooding the system has made it that much easier for people to commit fraud.
Just hours after Gov. Greg Abbott finally ended the COVID-19 disaster declaration, he announced that he won an appeals case against the Biden administration for attempting to enforce vaccine mandates on the Texas National Guard.
In January 2022, Texas Attorney General Ken Paxton filed a lawsuit against President Joe Biden to stop him from forcing the Texas Army National Guard and the Texas Air National Guard to get coronavirus vaccinations.
Over a year later, the U.S. Court of Appeals for the 5th Circuit issued its ruling that the Constitution and laws of the United States deny Biden the power to punish members of the Texas National Guard if they refused to get injected with the vaccine.
Circuit Judge Andrew Oldham stated in his opinion that he rejects the president’s assertion of power over the members because they were not called into national service.
In this case, President Biden imposed and then repealed a mandate requiring State militiamen to take the COVID-19 vaccine. And now that the President has rescinded the vaccine requirement, he wants to retain the power to punish militia members who refused to get the shots while the mandate was in effect—all without calling them into national service. We reject the President’s assertion of power because it would undermine one of the most important compromises in the Constitution. If the Constitution’s text, history, and tradition make anything clear, it’s that the President can punish members of the Texas militia only after calling them into federal service.
In Paxton’s lawsuit, he argued that neither the president nor federal military officials can force the state’s National Guard to comply with vaccination mandates.
“Neither the President nor federal military officials can order the Governor of Texas and non-federalized National Guardsmen to comply with a vaccination mandate or to direct a particular disciplinary action for failure to comply,” Paxton’s office wrote in a press release. “President Biden is not those troops’ commander-in-chief; Governor Abbott is.”
There seems to be no constitutional limit statists won’t override in their eternal, all-encompassing quest for dominion over others. Eternal vigilance is still the price of freedom.
This would be an entertaining slap fight if it weren’t for the fact it was distracting two of the highest profile Republican office-holders in the state from real work.
Texas’ top lawyer says House Speaker Dade Phelan needs to resign after being in a state of “apparent debilitating intoxication” while presiding over the House.
Attorney General Ken Paxton made the announcement in a statement released Tuesday afternoon.
“After much consideration, it is with profound disappointment that I call on Speaker Dade Phelan to resign at the end of this legislative session. Texans were dismayed to witness his performance presiding over the Texas House in a state of apparent debilitating intoxication,” said Paxton.
His comments are in reference to a viral video that circulated on social media over the weekend showing Phelan slurring words and acting in a manner that some allege is consistent with intoxication.
Here’s video of Phelan, and I’ve got to say: Point Paxton. Pretty positive Phelan’s pickled:
Is asking him to resign an overreaction? Probably. Back in the halcyon days of yore, back when Democrats controlled the chamber, legislating blotto was a regular occurrence, though I’m not sure any speakers were visibly soused.
A case of improprieties was laid out by a Texas House committee Wednesday morning against Attorney General Ken Paxton, detailing long-public allegations against the state official of securities fraud and abuse of office dealings with real estate mogul and donor Nate Paul.
The House General Investigating Committee heard three hours of testimony from its team of legal counselors, who since March have been looking into various cases against Paxton that have been playing out in court for years.
Chief Counsel Erin Epley announced formally that the investigation into “Matter A,” one of the anonymous titles the committee uses to conceal the identities of those being investigated and the topics therein, concerns the attorney general himself.
The handful of attorneys involved in the committee’s investigation each have a Harris County background, including working in the Harris County District Attorney’s Office or a U.S. Attorney’s Office. In an apparent attempt to underscore credibility, Chairman Andrew Murr (R-Junction) made a point to note that Epley worked under former U.S. Attorney for the Southern District of Texas Ryan Patrick, son of Lt. Gov. Dan Patrick.
Epley said the committee has interviewed 15 individuals with connections to Paxton and the allegations, including the four whistleblowers involved in the years-long lawsuit by multiple former employees of his: David Maxwell, Ryan Vassar, Mark Penley, and Blake Brickman.
“General Paxton refers to these men as ‘political appointees,’ but they are his political appointees,” Epley told the committee.
In November 2020, those former employees accused Paxton of abusing his office to assist Paul — who’s donated substantial sums of money to the attorney general — with an ongoing federal probe into his real estate business.
Paxton settled with the whistleblowers in February this year for $3.3 million to conclude the case out of court, but that settlement has since stalled out after the Legislature — specifically the House — denied the attorney general’s request that the state pay for the settlement.
In February, Speaker Dade Phelan (R-Beaumont) said he did not consider the settlement a “proper use of taxpayer dollars.”
The committee also laid out in detail the findings surrounding the eight-year-old securities fraud indictment against Paxton that has bounced around in court for years with no resolution.
The securities charges are bunk that’s already dismissed at the federal level. I’m not sure how much fire can be found in all the smoke of the more recent charges.
My rooting interest here would generally be with Paxton, since he’s doing an excellent job of suing the federal government over various far left lawbreaking, while Phelan is another in a line of squishy Republican speakers backed by business interests to thwart conservative legislation. But neither have exactly covered themselves in glory this week…
More lawsuits are pouring in against the Biden administration’s recent decision to redefine firearms with pistol braces as short-barrelled rifles (SBR) under the National Firearms Act (NFA), with Texas Attorney General Ken Paxton and Gun Owners of America (GOA) filing a joint lawsuit seeking to block the rule.
The lawsuit, State of Texas v. ATF, was filed in the Federal Southern District Court of Texas on Thursday, joining two other lawsuits filed in federal district courts in Texas. Those include a challenge filed by attorneys with the Wisconsin Institute for Law and Liberty in the Northern District, and a challenge filed in the Eastern District by the Texas Public Policy Foundation (TPPF).
GOA called their lawsuit “the most comprehensive” among those filed, writing, “Our complaint makes clear that the agency’s rule violates the Second Amendment ‘text, history and tradition’ standard set forth by the Supreme Court in its recent Bruen case.” GOA also said their case argues the rule violates several other constitutional provisions, including being an “invalid” exercise of taxing authority.
Paxton also released a statement on the lawsuit, saying he is hopeful they prevail in blocking the rule.
“This is yet another attempt by the Biden Administration to create a workaround to the U.S. Constitution and expand gun registration in America,” Paxton said in the release. “There is absolutely no legal basis for ATF’s haphazard decision to try to change the long-standing classification for stabilizing braces, force registration on Americans, and then throw them in jail for ten years if they don’t quickly comply. This rule is dangerous and unconstitutional, and I’m hopeful that this lawsuit will ensure that it is never allowed to take effect.”
Today, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) jointly filed a lawsuit challenging the Biden Pistol Brace Ban with Texas Attorney General Ken Paxton. The suit was filed in U.S. District Court for the Southern District of Texas.
This new rule, which took effect on January 31st of this year, will force Americans to register or destroy their approximately 40 million lawfully owned brace firearms within 120 days, or face possible felony charges.
Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“Millions of Americans are facing a very tight deadline to destroy or register their lawfully owned property under this draconian new rule. We hope the court will hear the pleas of gun owners across the country who will be irrevocably harmed by this rule, and GOA stands ready to fight it at every turn.”
Sam Paredes, on behalf of the board for GOF, added:
“This rule will have some of the most wide-reaching impacts nationwide in the tyrannical history of gun control. We the People will not tolerate this abuse.”
Having a state Attorney General join your lawsuit tends to do wonders to establish standing to sue the federal government. Like bump stocks, ATF has decided to retroactively make an entire class of widely-owned firearms accessory illegal, along with turning millions of lawful gun owners into felons for continuing to possess the same accessories they had already lawfully purchased. The composition of the Supreme Court has changed since Gundy v. United States was decided, and the current court may be much more inclined to reign-in delegation of congressional powers to regulatory agencies.
Texas is taking a time-honored approach to dealing with the Biden Administration’s refusal to enforce the rule of law on the border: They’re suing him yet again.
Texas Attorney General Ken Paxton announced that Texas is suing the Biden administration over the new U.S. Department of Homeland Security parole program, which unlawfully allows thousands of illegal aliens into the country.
According to Paxton’s office:
Congress has authorized parole only for foreign aliens who meet very specific standards that have not been met in this instance. Yet, contrary to existing law, the program creates a pathway for program participants to apply from their home country and gain lawful status to enter and stay in the U.S. for up to two years, or even longer.
Indeed, parole can only be granted for “urgent humanitarian reasons or significant public benefit,” according to the U.S. Citizenship and Immigration Services. “Parole is not intended to be used solely to avoid normal visa processing procedures and timelines, to bypass inadmissibility waiver processing, or to replace established refugee processing channels.”
Victor Avila, a retired special agent for U.S. Immigration and Customs Enforcement (ICE), was authorized to give out parole paperwork in very specific circumstances; he previously told Texas Scorecard parole was generally only awarded to confidential informants or in a matter of life and death.
However, the Biden administration has created a parole program for Venezuelans, Nicaraguans, Cubans, and Haitians simply because they were crossing the border in record-breaking numbers.
“Every state in America, especially border states like Texas, is being crushed by the impacts of illegal immigration,” said Paxton. “The Biden open borders agenda has created a humanitarian crisis that is increasing crime and violence in our streets, overwhelming local communities, and worsening the opioid crisis. This unlawful amnesty program, which will invite hundreds of thousands of aliens into the U.S. every year, will only make this immigration crisis drastically worse.”
Texas isn’t alone in this fight. The lawsuit filing itself shows that Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, Tennessee, Utah, West Virginia and Wyoming have all signed onto the lawsuit.
It’s obvious that the Democratic Party has determined that getting as many illegal aliens as possible across the border is one of its top priorities. Can the courts force the Biden Administration to actually enforce the law?
Here’s a lawsuit against Texas Attorney General filed under the pre-Musk Twitter regime that was just dimissed.
In a Tuesday press release, Attorney General Ken Paxton claimed legal victory over Twitter after a federal appeals court threw out the social media company’s lawsuit against him.
After President Donald Trump was banned from Twitter following the Capitol riot on January 6, 2021, the Texas Office of the Attorney General issued a “civil investigative demand” (CID) for Twitter to reveal information on how it moderates content.
Paxton said he wanted to determine whether Twitter had violated the Texas Deceptive Trade Practices Act.
As we know from the ongoing Twitter revelations following Musk’s takeover, there was a whole lot of deception (and censorship) going on.
Twitter then sued Paxton in the Northern District of California for violation of the First Amendment. The district court dismissed the case as not “prudentially ripe,” meaning it would be better decided in the future when there was more information.
A discussion of “ripeness” as a legal concept in lawsuits is far beyond the scope of my expertise. (Ditto “standing.”)
A panel of judges affirmed that decision and added that the case was “not constitutionally ripe,” meaning it rested on hypothetical future events rather than present facts because Twitter did not claim the CID had a “chilling effect” on its free speech at the time.
Twitter then appealed to the U.S. Court of Appeals for the Ninth Circuit, which affirmed the panel’s judgment that the case was constitutionally unripe.
“The issues here are not fit for judicial decision,” wrote Judge Ryan D. Nelson in the opinion, “because Twitter’s allegations do not show that the issuance of the CID is chilling its speech or causing it other cognizable injury that the requested injunction would redress.”
Paxton’s press release claimed the lawsuit was a “thinly-veiled distraction.”
“I’ve been asking Twitter for years to answer questions about its content moderation and large-scale censorship, but Twitter’s only response has been to try and hide behind its bogus lawsuits against me,” he wrote.
“Now that yet another court has ruled in our favor and more details surrounding Twitter’s censorship have come to light, I look forward to helping get to the bottom of any actions that the company took to mislead consumers.”
Musk might want to order his Twitter employees to go ahead and comply with Paxton’s records requests.
After releasing so many details of Twitter’s censorship regime, Musk might think about releasing the memos behind Twitter’s lawsuit strategy under the previous regime…
Incumbent governor Greg Abbott walloped Robert Francis “Beto” O’Rourke by about a point less than he walloped Lupe Valdez in 2018, the year O’Rourke got within three points of Ted Cruz in the Texas senate race. 2018’s Betomania seems to have slightly raised the floor for Democrats in various down-ballot races, but not enough for them to be competitive statewide. This is O’Rourke’s third high-profile flameout in five years, and one wonders whether out-of-state contributors are getting wise to the game.
Vote totals seem down a bit from 2018, with the governor’s race drawing about 266,000 fewer voters.
Incumbent Lieutenant Governor Dan Patrick increased the margin by which he beat Mike Collier (also his opponent in 2018) from about five points to about ten points.
For all the talk of Ken Paxton being the most vulnerable statewide incumbent, he also won his race over Rochelle Garza by about 10 points, as opposed to a three and half point victory over Justin Nelson (a man so obscure he has no Wikipedia entry) in 2018. (Thought experiment: Could Beto have beaten Paxton this year? My gut says his money would have made it a lot closer than his race with Abbott, but I think he still would have lost by about the same margin he lost to Ted Cruz in 2018. But his lack of a law degree would have worked against him, and I doubt his ego would ever consider running in a down-ballot race like AG…)
In the Comptroller, Land Commissioner and Agriculture Commissioner races, Republicans were up a bit around 56%, and Democrats were down a bit more. (And Dawn Buckingham replacing George P. Bush should be a big improvement.)
Railroad Commissioner Wayne Christian had the biggest spread between him and Democratic opponent Luke Warford, 15 points (55% to 40%).
Three Republican statewide judicial race winners (Rebeca Huddle in Supreme Court Place 5, Scott Walker in Court of Criminal Appeals Place 5, and Jesse F. McClure in Court of Criminal Appeals Place 6) were the only statewide candidates to garner 4.5 million or more votes (possibly due to the absence of Libertarian candidates).
In the House, the GOP grew its ranks by one — giving them an 86-to-64 advantage in the 150-member chamber for the 2023 legislative session. The Senate has 31 members, and Republicans previously outnumbered Democrats 18 to 13. The GOP will hold at least 19 seats next session. Democrats will hold at least 11, though they are leading in one Senate race that is still too close to call.
The Republicans’ victories were felt prominently in South Texas, where the GOP won key races after targeting the historically Democratic region of Texas after Democratic President Joe Biden underperformed there in 2020.
In House District 37, now anchored in Harlingen, Republican Janie Lopez beat Democrat Luis Villareal Jr. The seat is currently held by Democratic state Rep. Alex Dominguez, who unsuccessfully ran for state Senate rather than seek reelection. The district was redrawn to cut out many of the Democratic voters in Brownsville from the district to the benefit Republicans. Biden carried District 37 by 17.1 points in 2020 under the old boundaries, but would have won by only 2.2 points under the new map.
Lopez would be the first Latina Republican to represent the Rio Grande Valley in the House.
In another major South Texas victory, Rep. Ryan Guillen of Rio Grande City, who defected from the Democratic Party and ran this cycle as a Republican, won reelection handily.
In another crucial battle in southern Bexar County, which has traditionally been dominated by Democrats, Republican incumbent John Lujan prevailed over Democrat Frank Ramirez, a former San Antonio City Council member.
Who did well? Incumbent Republican congressman Dan Crenshaw. Remember this ad from 2020? In addition to Crenshaw winning reelection by some 73,000 votes, August Pfluger and Beth Van Duyne won reelection to their districts, and Wesley Hunt, who ran a close-but-no-cigar race for TX7 in 2020, managed to win the race for newly created TX38 this year. (My guess is that, just like Rep. Byron Donalds (FL19) and Rep. Burgess Owens (UT4), Hunt will be blocked from joining the Congressional Black Caucus.)
Is there any sign of black support for Democrats eroding? A bit. In 2018, Democratic Congresswoman Sheila Jackson Lee (one of the very dimmest bulbs in congress) received 75.3% of the vote from her black and Hispanic majority district. In 2020, she received 73.3%. In 2022 (post redistricting), she received 70.7%. Slow progress, but progress none the less.
Leftwing fossil Lloyd Doggett was elected to his fifteenth term in congress, crushing his Republican opponent for the newly created 37th congressional district, while communist twerp Greg Casar (formerly of the Austin City Council) was elected to the 35th, formerly Doggett’s prior to redistricting.
Tarrant County had been trending more purple recently, going for O’Rourke over Cruz there by about 4,000 votes in 2018, and going for Biden over Trump by a mere 2,000 votes (less than .3%). But Abbott beat O’Rourke there by some 25,000 votes.
Jefferson County (Beaumont) is another county that’s flipped back. It went for O’Rourke over Cruz by about 500 votes,and flipped back to Trump over by around 500, but Abbott walloped O’Rouke by over 8,000 votes this year.
The runoff in the Austin Mayoral race will be on December 13 between hard lefty Celia Israel, and soft lefty retread Kirk Watson. If Watson picks up a clear majority of third place finisher Jennifer Virden’s voters (which seems likely), he should win.
This is a side effect of Williamson County, formerly a reliable Republican bulwark, becoming decidedly more liberal as Austin has become a hotbed of radical leftism. Abbott still edged O’Rourke by some 2,000 votes here, but Biden beat Trump by about 4,000 votes in 2020.
If 1978 is the year this election reminds me of nationally, then 1984 is the template year for Texas politics. In 1982, Phil Gramm resigned after Democrats threw him off the House Budget Committee (because why would you want a professional economist on a budget committee?), switched parties, and ran for his own vacancy in a special election as a Republican, winning handily.
Gramm’s switch showed that the time for conservatives to remain welcome in the Democratic Party was drawing to a close, and the way he resigned to run again rather than just switching made him a folk hero among Texas republicans. In 1984, Gramm ran for the senate, walloping Ron Paul, Robert Mosbacher, Jr. (a sharp guy who eventually did better in business than politics) and former Texas gubernatorial candidate Hank Grover in the Republican primary before decisively beating Lloyd Doggett (yep, the same one that’s still in congress) in the general by some 900,000 votes.
Gramm’s victory showed that the political careers of conservative Democrats who switched to the Republican Party could not only survive, but thrive. Between 1986 and the late 1990s, a series of high profile conservative Texas Democrats (including Kent Hance and Rick Perry) would switch from an increasingly radical Democratic Party to the GOP.
So too, this year showed that Hispanic Democrats could leave a party increasingly out of tune with people they represented (largely hard-working, law-abiding, entrepreneurial, conservative, and Catholic) for the Republican Party and win. Republicans may not have flipped terribly many seats in south Texas, but except for recent special election-winner Myra Flores, they held their gains.
The combination of Trump’s distinct appeal to working class Hispanics, deep opposition to disasterous Democratic open borders policies, and Gov. Abbott’s long term dedication to building out Republican infrastructure there have all primed Hispanics to shift to the GOP. Just as it took years for all Texas conservatives and most moderates to abandon the Democratic Party (Republicans wouldn’t sweep statewide offices until 1998), it will take years for the majority of Hispanics to switch.
But if Democrats continue to push open borders, social justice, radical transgenderism, soft on crime policies, high taxes and socialism, expect Hispanics to make that switch sooner rather than later.
That’s my Texas race roundup. If you have any notable highlights you think I should have covered, feel free to share them in the comments below.
