Back in 2005, Attorney General Greg Abbott announced with a flourish a rash of arrests in South Texas on various counts of voter fraud. These arrests, some of which were announced while the Lege was debating a voter ID bill, were cited as evidence by Abbott of an “epidemic”, for which voter ID was naturally the solution. Many of these cases ultimately wound up being dismissed, with the last batch in Hidalgo County getting dropped last week.
Despite the fanfare, nearly all the charges have been dismissed five years later.
What was once trumpeted across the state as one of the premier examples of the “epidemic of voter fraud” plaguing Texas polls evaporated even as debate over the divisive reform measures it helped spawn continues.
See here, here, and here for some background. One thing that’s been true in all of the cases Abbott has pushed is that they involved mail in ballots, which as I’ve observed would be unaffected by any legislation that required photo ID to vote in person. Abbott and his allies, of course, never drew that distinction, since the purpose of the voter ID legislation that keeps getting pushed in the Lege isn’t about stopping the kind of voter fraud that actually happens, it’s about making it harder for certain people to vote. In the end, even the fraud cases that Abbott claimed to have found turned out to be a whole lot of nothing. It’s no surprise to me.
Thankfully, Texans have a much better choice than Abbot on the ballot. Barbara Ann Radnofsky is challenging Abbott for the AG spot this November. Last week was her turn in the Texas Democratic Party's "Meet the Statewides" campaign -- a great series that highlights every statewide candidate with a video, op-ed, issue piece, biography and more. Here's the latest from Radnofsky and the TDP:
State Rep. Dan Branch (R-Dallas) will announce tomorrow that he will seek re-election, the Austin American-Statesman reports. Branch had been considering running for Attorney General, a position that will be open if Greg Abbott runs for higher office as expected.
“I’m running for re-election because I want to continue my work to make Texas the higher learning and research powerhouse our future economy will demand,” Dan Branch, the chairman of the Higher Education Committee, said in a statement that will go out to reporters Thursday. “Our campaign will offer thoughtful solutions that build on a record of results and reflect my vision for an effective and limited state government.”
Even had Branch decided to run, former solicitor general Ted Cruz may been the favorite to win the Republican nomination for Attorney General. Now with Branch out of the race, Cruz, who announced early and has already posted impressive fundraising numbers, will almost certainly be the Republican nominee.
Former U.S. Senate nominee Barbara Ann Radnofsky, who launched her website earlier this week, is the only Democrat to have entered the race so far.
It's only the first day after the July 4th weekend and campaign finance reports don't technically have to be reported until mid month. But that's not stopping the teasing of fundraising numbers from candidates considering running statewide for various offices.
A brief collection of reports so far...
Kay Bailey Hutchisonreleased a YouTube video to say that she has 6,500 donors. No work if that is "to date" or "this quarter" or "total" or "in Texas". I suppose it's time for her to start diversifying from her multi-million transfers of cash from her federal account which made up most of her last report.
Republican Ted Cruz, former Texas solicitor general, reports that he has now raised more than $1 million from over 500 donors across 20 states in a bid for Texas Attorney General. Of course, that's only in the event that incumbent Greg Abbott vacates the seat to run for, say, Lt. Governor which may or may not only happen if incumbent David Dewhurst gets appointed to or runs for Kay Bailey Hutchison's senate seat which may or may not become open depending on when or if she resigns her seat to run for Governor.
According to Quorum Report, Republican Rep. Dan Branch of Dallas says he'll be reporting over $1 million on hand, having raised $600,000 in just seven days (from only 200 donors) during the limited amount of time post session he could fundraise. He's also maybe exploring a run for Attorney General with the same caveats as listed in the above point.
Former Travis County District Attorney Ronnie Earle told the Austin American-Statesman that he is considering a statewide run. Earle told the Statesman he has been approached to run for either Governor and Attorney General.
Earle, who was Travis County's DA for 31 years after serving in the Texas Legislature, did not give the Statesman an indication of when he expected to make a decision.
Democrat Barbara Radnofsky has filed papers to run for Attorney General and both Tom Schieffer and Kinky Friedman are exploring runs for Governor as Democrats.
What do you think of Travis County's former top prosecutor running statewide? Which office would better suit him: Governor or Attorney General?
In January, McCaul said he would "seriously consider" running for Attorney General if the office became vacant. Though current AG Greg Abbott has not annoucned his intentions, he is widely expected to run for either Lt. Governor or U.S. Senator.
After McCaul's presumed Democratic opponent Jack McDonald posted very impressive fundraising numbres, some (including myself) speculated that McDonald's strong reportmight push McCaul towards running for Attorney General.
While he could always change his mind, that doesn't seem to be the case. As Matt reported today, McCaul only has about $62,000 on hand with over $500,000 in debt. However, the business relationships of his father-in-law, Clear Channel founder Lowry Mays, could make it very easy for McCaul to raise a large amount of money in a short time.
Two candidates, former solicitor general Ted Cruz, a Republican, and former U.S. Senate nominee Barbara Radnofsky, a Democrat, have filed papers to run for Attorney General next year.
Barbara Ann Radnofsky, the Houston lawyer who was the Democratic nominee for the U.S. Senate in 2006, has been known to be considering a run for Attorney General for some time.
The Houston Chronicle reported yesterday that Radnofsky has filed paperwork to run for Attorney General next year. Radnofsky is the first Democratic candidate to jump into the race, joining Republican Ted Cruz, a former solicitor general.
But Radnofsky may not be the last Democrat to enter the race, especially if current Attorney General decides to run for the U.S. Senate or Lt. Governor, as many expect. By being the first Democrat out of the gate, Radnofksy will hope to discourage primary competition by posting impressive fundraising numbers.
What other Democrats do you think (or hope) will jump into this race? Let us know in the comments.
A Republican senator tried to muscle Attorney General-designate Eric Holder into promising not to conduct "witch hunts"- code language for criminal prosecutions - of intelligence operatives who engaged in torture during the Bush administration. It was an outrageous demand, and it would have been unethical for Holder to accede to it.
Since taking the reins of the NRSC, Cornyn has had a series of very bad press hits.
The LA Times article, which was reprinted in the Houston Chronicle last Saturday, hits Cornyn right between the eyes with their accurate criticisms.
Cornyn is free to endorse torture and to vote against Holder's confirmation, which he did. But asking that a prospective attorney general commit in advance to prosecute - or not prosecute - potential defendants crosses an ethical line. Cornyn, a former state Supreme Court justice, should know that. A prospective attorney general shouldn't put himself in the position of prejudging cases in exchange for Senate confirmation.
Opponents of any criminal investigation of CIA interrogators - or of Bush administration lawyers who gave them cover - argue that President Barack Obama himself has hinted that he isn't eager to launch prosecutions. It's true that when the president was asked whether he would appoint a special prosecutor to investigate torture and wiretapping under the Bush administration, he said that "we need to look forward as opposed to looking backward." But, in the same interview, Obama said: "I don't believe that anybody is above the law."
This is Part I of an ongoing series that will take a look at the prospective candidates for the 2010 statewide races.
Current Attorney General Greg Abbott is expected by many to run for either Lieutenant Governor or the U.S. Senate in 2010. Whether Abbott seeks re-election to a third term or not, there are multiple candidates who are rumored to be considering a run to be the state's top lawyer.
These are not meant to be comprehensive lists and we invite you to suggest other possible candidates in the comments.
The Democrats
State Rep. Patrick Rose (D-Dripping Springs) has long been rumored to be considering a run for Attorney General. Rose, who was first elected in 2002, is one of the state party's rising stars and also one of the best fundraisers in the entire Texas House.
Rose has had some issues with the party's liberal base at times, but he has worked to fix them in the last couple years, further fueling speculation that he is eyeing a spot on the statewide ticket.
A former Craddick D, Rose withdrew his support for Craddick in May 2007. Since then he has helped the HDCC fundraise.
At June's state Democratic convention, Rose apologized to the Stonewall Democats Caucus for his past support of the Talton Amendment. At the time, KT called it a "sincere statement."
If Rose decides to run (he is also mentioned as a possible candidate for Land Commissioner), his campaign war chest and proven ability to win over moderate and independents in his rural district would make him a formidable candidate.
I personally think Rose would make a great candidate and would run an aggressive campaign that would give him a good chance of winning.
But Rose is not the only Democrat said to be considering the Attorney General race.
State Rep. Pete Gallego (D-Alpine) could also enter the AG race. The current candidate for Speaker of the House is said to be considering several different statewide offices. Gallego reportedly considered running for the U.S. Senate before deferring to his House colleague Rick Noriega.
Gallego would likely receive the support of many of his fellow House Democrats and would be a good fundraiser. In a Democratic Primary, he would be difficult to beat.
Whether or not it is for Attorney General, there is a good chance that Gallego will seek statewide office in 2010.
Former U.S. Senate nominee Barbara Ann Radnofsky is also said to be looking at the race. Radnofsky has experience as a mediator and attorney in Houston.
Radnofsky ran against Kay Bailey Hutchison in 2006 and presumably is fairly well-known in Democratic circles around the state.
Radnofsky was a decent fundraiser in 2006 but will have to improve upon her last run if she finds herself in a primary with Rose or another well-funded opponent.
While Radnofsky has never held public office and would not have the backing of the party establishment that Rose would likely enjoy.
Radnfosky should not be underestimated though and would be very competitive in November as the Democratic nominee.
Houston lawyer Larry Veselka was also said to be considering the race but has reportedly deferred to Radnofsky.
The Republicans
Back in 2002, Abbott originally filed for Lieutenant Governor before the check book of David Dewhurst scared him away to the Attorney General's race. Now Abbott has over $8 million in his campaign account.
If Abbott does not seek re-election (which I think is a good bet), there are several Republicans rumored to be interested in the race.
Railroad Commissioner Michael Williams may see the Attorney General's race as the best way for him to move up state government's ladder in 2010.
At the Republican National Convention in September, Midland County GOP Chair Sue Brannon said, "[Michael Williams'] wife Donna and he are not interested in going to Washington, but I think he will run for attorney general if Greg Abbott runs for the U.S. Senate."
Williams is a good fundraiser who has great relations with the party's base, especially after his high profile appearance at this year's GOP Convention.
State Rep. Will Hartnett (R-Dallas) is also rumored to be looking at the race, though I would expect him to be an underdog against Williams given the Railroad Commissioner's fundraising and statewide network advantages.
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Who do you think will run for Attorney General? Is this a race Democrats can win in 2010?
Cherokee County, Texas has for decades gotten away with operating jurisprudence procedures completely opposite of the intent of the law. Attorneys from out of the region walk into a netherworld of lies and misdirection as soon as they set foot in the Rusk, TX courthouse. Cases and hearings on the docket are postponed on the day they were set months earlier for, all without a phone call to the other party. Unsigned indictments are issued and a fresh batch of defendants are never notified, as to create an arsenal of arrest warrants to spring on political rivals. Or to later drop the charges, all unbeknownst to the unsummoned defendant, in order to boost the county's crime rate. The fines and citations they issue never even get reported to the DPS in Austin. Instead, they pocket it.
Rusk, Texas court employees simultaneously supplement their incomes by serving as anonymous informants by monitoring and manipulating jury pools. They switch judges, state attorneys and charges, as they move freely from one courtroom to the next. A revolving door position for the Jacksonville, TX lawfirm that supplies Cherokee County's state attorneys. This is done to create the most confusing, convoluted scenario as possible for outsiders or as they see them as: interlopers. In other words, out of county travelers who make the mistake of driving through Cherokee County, Texas and get pulled over and cited on trumped up charges. Those out-of-towners who decide to fight the shakedown, face a morass of accusations in the hallways by courthouse personnel paid to perpetuate any lie they are told to repeat. Escorting defense attorneys to the wrong chambers, lying about the district attorney being sick, changing judges at the last minute and so on. Read the appeal of a probation violator from Cherokee County whose 2006 judgment was signed by a district judge who had nothing to do with the case:
http://bulk.resource.org/court...
This premeditation of judicial "errors" is done not for the sake of distracting outsiders from the stench of corruption these people have associated with for decades. But for the sake of intimidating defense attorneys and their clients into paying up and disappearing. And the bailiff coordinating cases in the past would've been none other than Constable Randall Thompson, federally convicted meth distributer. Thompson was facing his federal drug charges prior to January 2006 after he sold illegal narcotics to an undercover federal agent. However, Constable Thompson was allowed to continue to operate as the 369th District Court bailiff and issue citations in his precinct up until his federal indictment.
Beloved members of Cherokee County's notorious drug task force, slash narcotics division, slash semi-retired, he's-been-arrested-but-we-don't-know-where-he-is, slash decorated constables and patrolmen have made their way into the federal prison system in 2007. Of course, Cherokee County doesn't arrest their own cousins caught dealing drugs, raping women during traffic stops or stealing from the city coffers. It takes the US Attorney's office to round them up. That is just the standard practice of small town law enforcement and their citizens have to accept it if they choose to live in East Texas. Cherokee County doesn't cover up its corruption; it parades it around for everyone to bask in its glory. They admire it and relish the thought of nailing some more "city folk" and foolin' their lawyers with more lies.
If there is a law or standard practice to be broken, then the Cherokee County Texas district court is always finding a new one.
Most bizarre is the Cherokee County, TX grand jury system of empanelling piecemeal cohorts from an unknown jury pool, meeting for up to 6 months at a time. Then if a big city attorney has the audacity to challenge the "overwhelmed and underpaid" district attorney during the petit jury selection, Cherokee County, TX will summon every registered voter in the county to appear for voir dire.
This is designed to accomplish two things:
1. Smear the defendant in front of the entire voting populace for months, where the district attorney can argue his case without rebuttal; and
2. Drag the case out indefinitely so opposing counsel cannot file any motions of discovery or federal lawsuits.
All the while, officers of the court openly discuss the case with anyone who'll listen. Or as Cherokee County's district attorney Elmer Beckworth calls it "an open policy." Of course everyone in the Rusk, TX courthouse will work as one tight little unit, gleefully obstructing, subverting and deflecting the entire process. Trumping charges up to get misdemeanors into the district court, or citing felony charges in the County Court at Law. Whatever it takes to collectively violate the United States constitution by creating a hodgepodge of allegations, hoping one will fit one Texas legal precedent. If it doesn't, they'll make it up as they go along, claiming "to be the first to discover the flaw in the Texas constitution."
Cherokee County district judges allow the district attorney's office to try cases based upon 'the preponderance of the evidence,' as if in a civil trial instead of 'beyond a shadow of the doubt.' Therefore the Cherokee County district attorney really does not have to prove anything at trial. Timelines need not be established and hearsay is allowed during most Cherokee County Texas court cases. Trial attorneys are warned in pre-conference not to speak of exculpatory evidence that might make for grounds for dismissal or for an embarrassing appellate ruling. And you can bet the court reporter (married to the sheriff) misses all the relevant details when a deputy lies on the stand. Arbitrary and capricious, you say? No, a deliberate and systemic method of covering up the stench from the bench.
Court appointed attorneys' meager paychecks depend on pleasing the Cherokee County district court, therefore representation is derelict and deliberately incompetent. They even have appointed alcoholic criminal attorneys who themselves were facing DUI charges and Injury with a Motor Vehicle suits within the county. Sending them to indigent clients for a quick resolution and defending the drunken attorney's behavior until the lawyer literally drinks himself to death.
And if one of the members in their Cult of Confession gets caught with their hand in the taxpayer cookie jar, they collectively circle the wagons and wait it out.
This is why a City of Rusk, TX employee decided to embezzle $150,000 in a town of less than 5000 people. They knew they could get away with it. Rusk, Texas is the county seat of Cherokee County.
Case in point: a total of $150,000 has been stolen from the city of Rusk, TX water department over the last few years. A suspected city employee was terminated in March 2007 and the Texas Rangers called in to audit the city government treasury. Several Cherokee County grand juries have convened behind closed doors in 2007, however no indictment has been levied regarding the theft. Excuses in the local Cherokee County newspapers have been printed that perhaps a conflict of interest was present with the suspect and members of the district attorney's handpicked grand jury. In other words, the City of Rusk, TX employee fired in March has had relatives seated on their behalf for every grand jury sworn in for the year of 2007.
The fact is if the Cherokee County district attorney wanted to indict the suspect, then the Sheriff's Department would have arrested their buddy working at the water department.
The City of Rusk, TX with a population of 5000 citizens has a tiny operating budget, even less for the city's water department. $150,000 is a lot of money to come up missing for a town that small. But because the terminated employee is related to everybody working in the city hall and courthouse, the case will be drug out forever. Deals have to be made when co-workers are caught stealing and the district attorney is forced to prosecute one of their own. The fact is theft of public funds by elected officials has been going on in Cherokee County, TX for decades.
Insurance fraud, murder, drug dealing, rape and other horrors by its law enforcement will continue in the center of the East Texas 'Nowhere Land,' as long the Attorney General's office allows Cherokee County to make up its own legal precedents and modus operandi with a total disregard of the Law.
These men and women of the district court, grand jury panels and peace officers took an oath to uphold the institutions of the great state of Texas, not to lie, cheat and steal their way out of the poorhouse.
Some postings I have offered on Blogs the last several days have engendered intense discussion and debate. Some of the discussion and debate has concerned how best to judge the credibility of candidates and campaigns.
The best answer to the question is one that hardly any of the comments touched upon. That is, the people themselves, acting democratically through the ballot box, are always the best judge. The people themselves acting through the ballot box are in fact the only legitimate judge. We all do still believe in democracy, don't we?
