Showing posts with label Texas Ethics Commission. Show all posts
Showing posts with label Texas Ethics Commission. Show all posts

Tuesday, March 20, 2018

Uresti fine illustrates Texas "Ethics" Commission's Mendacity


"Dishonest scales are an abomination to the Lord,
But a just weight is His delight."
Proverbs 11:1

Via the indispensable Olivia Messer:
The Texas state senator who has refused to step down, despite 11 felony convictions and several groping allegations, has been fined just $500 in civil penalties by the Texas Ethics Commission.

Democratic State Sen. Carlos Uresti will be sentenced in June on the fraud and money-laundering charges after he was found guilty on all counts related to a Ponzi scheme involving now-defunct frac-sand company FourWinds Logistics. Uresti worked as general counsel for the company.

The Ethics Commission announced on Friday that it found credible evidence the lawmaker failed to appropriately report a $40,000 promissory note from FourWinds to his own personal-injury law firm.

At his federal trial, prosecutors successfully argued that Uresti “groomed” $900,000 of “blood money” out of a grieving mother and former client by manipulating her through a sexual relationship. He convinced her to invest nearly all of the money she won in her childrens’ wrongful-death suit in the company, losing almost the whole sum. (Uresti has repeatedly denied that he had any sexual relationship with the woman. His wife filed for divorce earlier this month.)
Isn't that typical.  You have an actual elected official, with an actual criminal conviction, and the Texas "Ethics" Commission slaps him on the wrist with a $500 fine.  Meanwhile, if a citizens group challenges the Capitol status quo, they're subjected to a four year legal nightmare.

Bottom Line: The treatment of Carlos Uresti, compared to the treatment of Empower Texans, tells you everything you need to know about the so-called Texas "Ethics" Commission.

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Note: This is also why you don't want the TEC investigating sexual misconduct charges.

Monday, March 5, 2018

#TXLEGE: Arrogant Flynn illegally uses state office to promote campaign


"The fear of the Lord is to hate evil;
Pride and arrogance and the evil way
And the perverse mouth I hate."
Proverbs 8:13

From Bryan Slaton campaign e-mail last week:
Friends,

It is with much concern that I share with you that my opponent has been using ourtaxpayer dollars to promote his own re-election campaign.

Over the last 7 days, Dan Flynn has released 6 different videos promoting his campaign that appear to have been filmed in his district office, which is paid for by the taxpayers of House District 2. If this is the case, not only is this unethical behavior, but it is also a clear violation of the law.



Mr. Flynn would be flaunting Texas law which clearly states that no taxpayer-funded resources may be used for election purposes as outlined in:

TEXAS PENAL CODE, TITLE 8; OFFENSES AGAINST PUBLIC ADMINISTRATION; CHAPTER 39. ABUSE OF OFFICE (link)

The taxpayers have a right to know. Has Mr. Flynn betrayed the public trust once again by using taxpayer-funded resources for his own personal benefit?

I'm calling upon Mr. Flynn to publicly clarify whether or not he is using his taxpayer-funded district office for his campaign videos. If so, then he must immediately apologize for breaking the law and take down his videos.

- Bryan
That's pretty bad; given the way frivolous criminal complaints have been thrown around this cycle, somebody really ought to file one against Flynn (and we might just file a complaint with the Texas "Ethics" Commission).

By beyond Flynn's immediate action, there's also a broader lesson: Arrogance.

It doesn't take a genius to see how using your taxpayer funded office for a political ad would backfire.  It's an obvious no-no.  But Flynn did it.

Over the past several years, as he's gotten closer to Joe Straus, Dan Flynn has grown increasingly arrogant.  It's been obvious since the early days of the Wallace Hall impeachment fiasco, and it's grown more obvious over time.  Now, Flynn reaps what his arrogance has sown.

[Note: Imagine the reaction if Jonathan Stickland had done the same thing.]

Bottom Line:  Dan Flynn is the ultimate case for term limits.  He was a pretty decent legislator in the early years, but this incident symbolizes how far he's fallen.  Eight terms in public office over nearly two decades rots your brain.

Thursday, February 22, 2018

#TXLEGE: Campaign that filed false CPS report last cycle files frivolous criminal complaint this cycle


"A merry heart does good, like medicine,
But a broken spirit dries the bones."
Proverbs 17:22

One of this website's longstanding frustrations with Republican campaigns is the lack of creative thinking.  We tend to use the same, stale, rhetoric over and over again...then we wonder why large segments of the population tune us out.  In that spirit, we welcome Empower Texans' recent mailer in the Charlie Geren/Bo French race.

At its core, the mailer is about Charlie Geren's decade plus sexual relationship with a (female) lobbyist.  True, he finally did marry the poor girl last year.  But, prior to that, they had been living in sin for a long, long time.

The satirical mailer purported to be from the "Texas Ethics Disclosure Board," an obviously fictitious entity.  It gave voters written "NOTICE" that Charlie and Mindy have engaged in a decade long sexual relationship, then listed several of Mindy's lobby clients.  Honestly, we wish we'd thought of it.

But you know an attack has been effective when it begets this level of ludicrous overreaction:
A criminal complaint against Empower Texans, a conservative group that mailed out an attack ad resembling an official government notice that targeted GOP state Rep. Charlie Geren, is “under review” by the Travis County District Attorney’s office, The Texas Tribune has learned.

A person who self-identified as a Tarrant County voter sent a letter to the DA’s office alleging that the group ran afoul of a criminal law that prohibits people from posing as government authorities, correspondence obtained by the Tribune shows. Mindy Montford, Travis County's first assistant district attorney, confirmed that her office had received a complaint about the group on Tuesday.

The controversial mailer attacks Geren for his “relationship” with a lobbyist — who happens to be his wife, Mindy Ellmer. What voters see in bold letters when they open the mail piece is “NOTICE,” above a slightly smaller font that says, “Of Relationship With Registered Lobbyist.” Then it lists Ellmer's long list of corporate lobby clients.

The mailer purports to come from the “Texas Ethics Disclosure Board,” an official-sounding name that Empower Texans registered with the Secretary of State's office late last month. There is no such government agency, though there is a Texas Ethics Commission that polices campaign and lobbyist disclosure rules.

....

"They're trying to deceive my constituents," said Geren, a top target of the group. The longtime Fort Worth lawmaker, one of outgoing House Speaker Joe Straus' top lieutenants, said the advertisement was designed to look official.

"It looks like it's coming from a state agency and it's not," Geren said. "A guy at church handed it to me and said what is this. I said it's another lie by Empower Texans, and he said, 'Well it looked real.' "

The complaint alleges Empower Texans may have violated a provision of the Texas Penal Code, under section 37.11, which prohibits people from posing as government officials. Specifically, the law says a person commits a third degree felony if he “knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.”
Obviously, the Geren campaign's position is absurd.  The law in question was designed to protect actual governmental entities.  In other words, if the mailer in question purported to be from the actual Texas "Ethics" Commission, that would have been highly illegal.

That's not what happened.

In this instance, the entity in question was not an actual governmental body.  Thus, the law in question doesn't apply.  Furthermore, fictional organizations that are not what they purport to be are nothing new in Texas politics.

[Note: That being said, this is the Travis County DA we're talking about, so anything's possible.]

But here's the kicker: Charlie Geren is the guy whose campaign operative filed a false CPS report against Bo French's family last cycle.  Now, they're filing a frivolous criminal complaint.  We've seen this movie.

Finally, not that it's relevant to the discussion, we have to include a clip from this Texas Monthly screed because it's too funny not to share:
Michael Quinn Sullivan’s Latest Stunt Aims to Undermine our Democracy

As if anyone needed further proof, MQS’s bogus mailer shows that he is no better than Russian trolls.

At a lanky six-foot-four, Michael Quinn Sullivan is hard to miss around the Capitol. And even when he’s not there, it can feel like the specter of him still is. As president and CEO of Empower Texans, he has been an organizational force among the tea party groups of Texas, feeding them misinformation about state politicians. The man is known as Mucus (a play on his initials, MQS) because he engages in yucky deceptive politics, with a win-at-any-cost philosophy. His methods, like those of the Russians who meddled in the 2016 election, foment distrust in government and diminish the desire of citizens to vote, which then primes the pump for abuse.

Sullivan’s latest political stunt is case in point. On January 28, Empower Texans, operating under the assumed name of the Texas Ethics Disclosure Board (there’s no such thing) sent postcards to voters in the Fort Worth district of Representative Charlie Geren. It read: “This notice from the Texas Ethics Disclosure Board is directed to voters in HOUSE DISTRICT 99 concerning a candidate for office who must disclose a relationship with a registered lobbyist pursuant to Tex. Gov’t Code 572.0531.” It then lists the clients of lobbyist Mindy R. Ellmer, who, it just so happens, is Geren’s wife.

The clear intent of this mailer was to mislead voters into believing that Geren had done something wrong, or at least suspect.

....

Because of their dark money, groups like Empower Texans thrive in the shadows of secrecy and misinformation, using the same kind of loopholes that allowed Russian spies to try to manipulate voters in the 2016 elections. A cockroach that dashes across a plate at a picnic only spoils a small portion of the meal, but almost everyone will throw away the entire plate of food rather than risk contamination. That is how a democracy is spoiled.
[Note: You can read the whole thing here; that being said, given that Texas Monthly was recently caught in a pay-to-play scheme for website traffic, you might want to think twice before giving them the clicks.]

Bottom Line: It's common sense.  If you don't want people to come up with creative ways to inform voters that you've had a decade long sexual relationship with a lobbyist, don't have a decade long sexual relationship with a lobbyist.  If you choose to have a decade long sexual relationship with a lobbyist, and a watchdog group informs the voters in a creative way, that's no excuse to file a bogus criminal complaint.

Thursday, March 23, 2017

anti-Innovation, anti-Startup, pro-incumbent Protection Racket hires Jim Keffer....


"He who walks with wise men will be wise,
But the companion of fools will be destroyed."
Proverbs 13:20

Jim Keffer is a former Straus lieutenant who retired in the face of a primary everybody knew he'd lose after the last legislative session.  He also joined a left-wing think tank last October...on national coming out day!!!  Likewise, the Texas Association of Business is an anti-innovation, anti-startup, pro-incumbent protection racket who we're made to look foolish in the Texas Senate two weeks ago.

They're made for each other:

TAB Keffer by Cahnman on Scribd


Fun Fact I: Keffer was also the bully who got busted hurling personal insults at a colleague last session.

Fun Fact II:  Jim Keffer was the original driving force behind the Texas "Ethics" Commissions's haf decade jihad against Empower Texans; speaking of Empower Texans, they have more here.

Bottom Line: Truly, they deserve each other.

Monday, February 27, 2017

Which rumored Straus successor recently reported $2.5 million on hand?!?


"So God looked upon the earth, and indeed it was corrupt; for all flesh had corrupted their way on the earth."
Genesis 6:12

At the beginning of the current legislative session, Empower Texans reported that Calendars Committee chair Todd Hunter was laying the groundwork for a speaker run, which makes his most recent campaign finance report very interesting....


Read the full CFR here.

Wednesday, January 4, 2017

One week before Wallace Hall at SCOTX, Texas Exes shill for Bill Powers (again)....


"As a dog returns to his own vomit,
So a fool repeats his folly."
Proverbs 26:11

Remember, about six weeks ago, when we mentioned that a former board member of the UT law school foundation (and Joe Straus crony) had brought the court stenographer from the Texas Exes into run his dying legacy publication?!?  You'll never guess whom the afore mentioned court stenographer chose to honor as a "Distinguished Alumni" on the way out of the Texas Exes.  Actually...you'll totally guess because it's such a typical move:
William Powers, Jr.
Life Member
Former President, University of Texas at Austin, Joseph D. Jamail Centennial Chair in Law, and University Distinguished Teaching Professor
“I wasn’t born in Texas. But as they say, I got here as soon as I could: in August of 1977, almost 40 years ago. It was the day Elvis died. And I still vividly remember the very first student I met on our campus. It was Pete Geren, who we’re honoring tonight. And within just a couple of weeks I realized just what a special place this is. It’s one of the world’s—yes, one of the world’s—great teaching universities. We teach the next generation of leaders on a campus that helps discover planets that are orbiting distant stars, that helps us understand dark matter and yes, even helps us understand even better what Shakespeare is about. Every single one of us needs to work every day to keep it that way and to support our great university.”
It's also pretty funny that they honored Charlie Geren's brother (along with a certain incumbent Governor) in the same piece.

Finally, we have to add that the photography in the piece is terrible; good grief, you'd think they could find a competent photographer in Austin Texas.

Read the whole thing here.

Wednesday, November 30, 2016

Dying Legacy Publications, Joe Straus cronies, and the UT Politburo....


Do not be deceived: “Evil company corrupts good habits.”
1 Corinthians 15:33

[Author's Note: Learn about Paul Hobby's background here.]

For those who've never heard of it, "Texas Monthly" is a generally uninteresting publication that includes coverage of the Texas Legislature.  They were recently purchased by a Joe Straus crony (who Straus has appointed to the Texas "Ethics" Commission) who had previously served on the Board of Trustees for the UT law school foundation (yes, that UT Law School foundation).  Shortly after the presidential election, their dreadfully boring editor in chief quit under strange circumstances.

They announced the new editor in chief this morning, and you'll never guess who they picked.
Texas Monthly selects new editor, creative chief
Tim Taliaferro, most recently editor of Alcalde magazine and vice president for communications and digital strategy for Texas Exes, has been named the new editor in chief of Texas Monthly magazine, where he once served as an intern.
The magazine also named Scott Brown as chief creative officer, said Paul Hobby, Texas Monthly’s chairman and CEO. Brown was previously president and CEO of the Company and Others, a Houston marking and research firm.
“I am thrilled to announce the appointment of both Tim and Scott,” said Hobby, whose private equity firm, Genesis Park, purchased Texas Monthly earlier this year for $25 million. “I believe they are the perfect individuals to lead our brand forward, particularly in the areas of digital journalism and live events.”
[Author's Note: Emphasis added.]
The "Texas Exes" are the alumni association for UT-Austin.  While most people have only ever heard of them for their game-day football tailgates, the Texas Exes are actually one of the most quietly powerful political organizations in the state.  Suffice to say, they're a mouthpiece for the Politburo.

And Paul Hobby just chose to make the editor of their main publication the new editor in chief of "Texas Monthly."

For more of Tim Taliaferro's priceless history, see here and here.

Bottom Line: Move along, no good ol' boy network to see here....

Saturday, October 15, 2016

Texas "Ethics" Commission admits they got WHUPPED!!!


"And let us not grow weary while doing good, for in due season we shall reap if we do not lose heart."
Galatians 6:9

OUCH:
By a vote of 7-0, with Straus appointee Steve Wolens abstaining, the TEC dismissed its complaints against Empower Texans. The move appeared designed to remove jurisdiction from the Third Court of Appeals which was set to shut down the investigation with a legal opinion favorable to Empower Texans.

The TEC halted activities in one theatre of its war against free speech, but more still remain.

The crusade against conservatives began after complaints were filed against Empower Texans and its president, Michael Quinn Sullivan, by former State Reps. Jim Keffer (R-Eastland) and Vicki Truitt (R-Southlake). The complaints alleged the organization had morphed into an unregistered political committee by spending too much of its time speaking about legislators’ voting records.

The TEC embraced Keffer and Truitt’s convoluted legal theory and used its resources against Empower Texans, flouting the state and federal constitutions to demand that the organization turn over the identities of its donors. Empower Texans fought back, knowing that establishment lawmakers would attempt to threaten, harass, and intimidate the donors into silence.

Now Empower Texans is going on the offensive with Joe Nixon, legal counsel for Empower Texans, previewing the coming fight to hold the TEC members accountable.
Read the whole thing here.

Friday, October 14, 2016

#TXLEGE: Straus Crony purchases dying legacy publication....


"He who walks with wise men will be wise,
But the companion of fools will be destroyed."
Proverbs 13:20

We've always found they're alleged "influence" to be greatly exaggerated, but this can only hasten their slide into irrelevance:
Emmis Communications is selling Texas Monthly to the Hobby family, which once owned the Houston Post.

Texas Monthly and several other non-core regional magazines were put on the block in August as part of a move to pare down debt for the radio station owner.

Paul William Hobby is the head of the investment firm Genesis Park and is believed to be heading up the deal. Hobby did not return calls seeking comment.

His father William Hobby, had been the publisher of the now defunct Houston Post and was also a six term Lt. Governor in Texas, back in the days when the state largely swung Democratic. The Hobby family sold the paper in 1983 and it was eventually absorbed into the Houston Chronicle in 1995.
Read the whole thing here.

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If the name Paul Hobby sounds familiar, it's because he was (until this past summer) a Joe Straus appointee to the Texas "Ethics" Commission who was smoked out by Empower Texans for creating new loopholes to allow lobbyists to legally bribe 'influence' legislators.  He was also a member of the board of the UT Law School foundation during the height of those shenanigans.  Speaking of U.T., he's also on Chancellor McRaven's Houston "task force."

Thursday, September 8, 2016

Sullivan files Criminal Complaint against hypocritical former Texas "Ethics" Commissioner!!!


"For he who sows to his flesh will of the flesh reap corruption, but he who sows to the Spirit will of the Spirit reap everlasting life."
Galatians 6:8

This is just all sorts of awesome:
For more than a decade, an appointed member of the Texas Ethics Commission issued fines and promulgated rules designed to silence citizens while lavishing legislative offices with gifts on behalf of his “day job.” That’s illegal, on multiple fronts, and for it Tom Harrison should be held accountable.
So today I filed a sworn criminal complaint [pdf format, 101 pages] against Tom Harrison with the Travis County District Attorney’s Office. He should be investigated and charged with having knowingly violated Texas Penal Code, Chapter 36 (“Bribery and Corrupt Influence”). Section 36.09 forbids anyone from conferring “any benefit on a public servant that he knows the public servant is prohibited by law from accepting.”
That includes sports tickets, meals, notebooks, golf tees and other items Harrison provided legislative offices.
As a former executive director of the Texas Ethics Commission, Harrison abruptly resigned from the TEC this summer after we demanded emails he had exchanged with legislative offices from his full-time perch at the quasi-governmental “Texas County and District Retirement System.”
Now we know why he scurried out the door.
The emails, which cover a 12-month period, show Harrison lavishing key legislative staffers with tickets to events, merchandise and meals all while promoting legislation beneficial to his employer.
As a member of the TEC, Harrison voted for Ethics Advisory Opinion No. 535, in which he opined that by merely accepting a legislator’s invitation to speak about a bill, a citizen could cause themselves to be required to register as a lobbyist. And yet Harrison was spending untold dollars promoting his employer’s legislative agenda.
Read the whole thing here.

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Michael and Tony McDonald also hosted a Facebook video conference this afternoon:



Highlights:

  • Tom Harrison is former Vice Chair of the "Ethics" Commission.
  • Texas "Ethics" Commission was originally set up to handle paperwork.
  • Harrison colluded with Senate Democrats to prevent anyone else from taking the position.
  • Harrison was an obscure taxpayer funded lobbyist while serving on the "Ethics" commission; that's illegal.
  • Harrison was also giving gifts to legislators and their staff; that's also illegal.
  • "Significant evident of violations of the penal code."
    • Author's Note: Get your mind out of the gutter, we can't help it if lawyers talk that way! :P
  • Members of the "Ethics" commission can't engage in lobbying activity.
  • "The 'Ethics' commission has become a great threat."
  • "Our expectation is that the Travis County district attorney will...do their job."
    • Author's Note: They won't, but that could set up a REALLY fun session in 2019!!!
Kudos to the team at Empower Texans for this long overdue action!!!

Wednesday, July 20, 2016

Team Straus Busted....


"He who is often rebuked, and hardens his neck,
Will suddenly be destroyed, and that without remedy."
Proverbs 29:1

Monday, we wrote a modestly complimentary post about Joe Straus.  The funny thing is that, as we were writing it, we had a feeling something was about to break.  As if on cue, from Empower Texans:
House Speaker Joe Straus is poised to appoint to the Texas Ethics Commission a Democrat who believes it is time to “dismantle the NRA” and who has compared the 2nd Amendment organization to the terrorist group ISIS.
According to records obtained by Texas Scorecard, Austin divorce attorney and far-left activist Anne Wynne is telling Democratic legislators that Straus has agreed to appoint her to the Texas Ethics Commission (TEC). 
.... 
In an email to staffers for Austin Democrats Celia Israel and Donna Howard, Wynne says that at Straus’ request she will be replacing Paul Hobby, a Houston Democrat and former chairman of the TEC. Hobby has continued to serve on the commission despite his term expiring eight months ago.
Hobby’s tenure on the TEC has been highly controversial. He has pushed the commission to implement draconian regulations designed to suppress the free speech rights of citizens. The regulations have spawned a series of lawsuits from conservative organizations that are fighting to defend the First Amendment.
We had planned to comment yesterday, but Team Straus issued a denial and we decided to the whole situation play out a little longer:
[Author's Note: It's now been over 24 hours and Embry still hasn't replied].

Cue Empower Texans:
Through media surrogates, Straus is now claiming that no one has been tapped to replace outgoing TEC commissioner Paul Hobby, and that the search for his replacement has not even begun.
But that narrative is refuted by the records obtained by Texas Scorecard, which include statements by Capitol staff and Wynne herself that assert she was tapped to replace Hobby.
In a May 16th email, Jacob Cottingham, the Legislative Director for State Rep. Donna Howard (D–Austin), told State Rep. Celia Israel’s (D–Austin) chief of staff “I think she’ll be replacing Paul Hobby… Dem. Speaker’s appointment.”
Wynne is even more clear about the plan, telling the staffer: “I am replacing Paul Hobby.”
After Texas Scorecard published its report, one Austin reporter confirmed that Hobby would be resigning from the commission, a fact that had not previously been made public. In another Austin publication, a Straus source was quoted as saying: “Speaker Straus has not formally asked members for their input on who should succeed Hobby on the commission.” 
....
It is obvious that some informal discussions between Hobby, Straus, the Democrats, and Anne Wynne were taking place in May. In fact, it appears likely from the emails that Straus or his staff directed Wynne to have Howard or Israel recommend her name to his office so that he could proceed in appointing her to the vacancy.
Now that Wynne has been revealed to be an anti-gun extremist who would likely use the power of the TEC to try to “dismantle” the NRA and other conservative groups, one would assume that Straus will no longer be able to move forward with her appointment. But the evidence is clear that Wynne believed she was set to be appointed to the commission and was telling Democratic offices as much in May.
It gets better:
After being caught preparing to appoint to the Texas Ethics Commission an extreme opponent of the Second Amendment who has called for the dismantling of the National Rifle Association, the Texas House Republican Caucus is claiming that Speaker of the Texas House Joe Straus has not yet finalized that appointment.
In an unattributed statement issued late Tuesday afternoon, the caucus noted that unnamed caucus representatives had communicated with unnamed persons in Straus’ office and been assured that Straus has not yet appointed the anti-NRA zealot Anne Wynne to the TEC.
Straus himself has yet to speak publicly about the issue raised this week when our own Cary Cheshire uncovered documents showing that since at least mid-May discussions have taken place between Straus’ office, House Democrats and liberal Austin lawyer Anne Wynne. She claimed she would be replacing Paul Hobby as the speaker’s Democrat appointee to the TEC. (Hobby was forced to resign after we reported that he and other members of the “ethics” commission were serving long past the constitutional term limit on the agency’s board.)
But words are important, and so is silence. While some members of the Texas House GOP caucus are subtly claiming Straus will no longer appoint Wynne, Straus himself has said nothing. 
.... 
At the TEC itself, Paul Hobby, a Straus appointee, has worked to chill the First Amendment rights of Texans and claimed the agency was allowed to pick and chose which groups had their “due process” rights observed. (Hobby pushed through unconstitutional agency rules that were explicitly forbidden under law and opposed by both state and federal court rulings.) 
.... 
The GOP caucus says they “have great confidence” in Straus’ ability to pick “the best” Democrat. This should leave Texans wondering what their – and Joe Straus’ – definition of “best” might be. Straus’ record inspires little confidence that his pick will be one who respects the freedoms of speech and political association. 
But now, by their unsigned words, the Republican Caucus officially owns that appointee, and the rules and decisions that appointee adopts.
Bottom Line:  The GOP conference's statement was the tell.  If there was nothing to this story, they would have ignored it.  Team Straus got sloppy and got caught.

Wednesday, June 8, 2016

The U.T. Politburo, Texas "Ethics" Commission...and the Federal Reserve?!?


"A cunning Canaanite!
Deceitful scales are in his hand;
He loves to oppress."
Hosea 12:7

We were working on an unrelated project when we came across this gem about Texas "Ethics" Commission vice-chair Paul Hobby:
He is a member of the UT Development Board, a life member of the Texas Exes and a former member of the UT Law School Foundation Board of Trustees (*). Hobby is a member of the Advisory Board for the University of Houston’s Hobby Center for Public Policy, named for Hobby’s father, Governor Bill Hobby. He is the former chair of the Greater Houston Partnership, the Texas Ethics Commission (**), the Texas Business Hall of Fame and the Houston Branch of the Federal Reserve Bank of Dallas.

[Author's Note: Emphasis added.]
Bottom Line: Congratulations to Paul Hobby for hitting the trifecta of bureaucratic corruption....

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* -- Learn about the history of the UT law school foundation here.

** -- Straus appointee, natch....

Friday, June 3, 2016

Continuing Shenanigans at the Texas "Ethics" Commission....


"For he who sows to his flesh will of the flesh reap corruption, but he who sows to the Spirit will of the Spirit reap everlasting life."
Galatians 6:8

A couple of recent articles from Empower Texans highlight the latest; first up:
At its bi-monthly meeting, the unelected agency tasked with enforcing the state’s so-called “ethics laws” regulating speech will consider a rule change to force anyone requesting an ethics advisory opinion from the agency to reveal their identity to the commissioners.
The TEC is tasked with advising elected officials, candidates, and ordinary citizens on laws related to elections, lobbying, and public office. Typically the advisory opinion requests can be made anonymously and based on hypothetical facts.
This change would allow the TEC to institutionalize the approach it took with Paxton, where the commissioners rigged a vote to ensure a policy beneficial to the attorney general failed.
Last year, Paxton’s liberal political opponents – who could not defeat him at the polls – successfully procured highly questionable indictments against him in Collin County relating to his personal business. The goal of the indictments is to drive Paxton out of office, opening the field for his opponents to be appointed to an office they can’t win at the ballot box.
The attack on Paxton is particularly perverse. By indicting him for behavior outside of his public office, he’s prohibited from using campaign funds in his defense. But, because he is a public official, he also cannot raise money in Texas for his legal defense or accept pro-bono or discounted legal defense from attorneys sympathetic to the injustice of the indictments against him.
Were Paxton to have been indicted for public corruption, on the other hand, he would have been able to spend campaign funds defending himself. But because the indictment relates (at least on paper) to his personal business, by default he can only use his personal funds on his legal defense.
The indictments are designed to squeeze Ken Paxton’s personal finances, and drive him out of office.
It gets better:
Four of the eight commissioners at the Texas Ethics Commission are acting – including issuing fines and making regulatory rulings – after the expiration of their terms.
For example, Tom Harrison has been serving on the commission despite his term having expired more than five years ago. He is currently the TEC’s vice-chairman, but is ineligible to even hold the office of commissioner under the state constitution due to his length of service.
Appointees to the Texas Ethics Commission are not eligible for reappointment after serving a single complete four-year term and any portion of a second term.
Read the whole thing here and here.

Monday, May 2, 2016

Paxton continues DOING AWESOME STUFF despite Persecution


"And let us not grow weary while doing good, for in due season we shall reap if we do not lose heart."
Galatians 6:8

This is great:
AUSTIN — Attorney General Ken Paxton's office has declined to represent the Texas Ethics Commission in a lawsuit challenging a state law that bars the use of archived House and Senate footage in political ads.

The move is uncommon, ethics experts said, since the primary job of the attorney general's team of lawyers is to defend state laws and agencies in court. But the attorney general's office has the authority to deny legal representation to an agency and has done so before.

In this case, Briscoe Cain, a Texas House candidate in a runoff with state Rep. Wayne Smith, R-Baytown, is suing the state in an attempt to nix a law put in place in 1987. The measure prohibits "a person from using in political advertising any audio or visual materials produced by or under the direction of the legislature or of a house, committee, or agency of the legislature."

According to the lawsuit, Cain wants to use in campaign ads archived livestream footage from the House floor of Smith during the 2013 and 2015 legislative sessions. But Cain, who claims his free speech has been limited, is worried about running afoul of the law and getting fined by the ethics commission, which enforces the statute.

....

In a letter Wednesday, the attorney general's office did not cite a reason for denying the commission's request for representation, but said the agency can ask for approval to hire outside lawyers for the case.

"The Office of the Attorney General has determined it is not appropriate to make an appearance on behalf of the Texas Ethics Commission in this matter," wrote Associate Deputy Attorney General Shelly Dahlberg.

Paxton's office did not return a request for comment.
 Meanwhile, Empower Texans details the legal case:
Texas Attorney General Ken Paxton is the latest conservative to be indicted for doing nothing wrong. The crony establishment has gone after Tom Delay, Rick Perry and others, using Texas’ notoriously flawed criminal court system to criminalize their political opposition.

A disgraced district judge, Chris Oldner, improperly harangued a grand jury into indicting Paxton on the word of State Rep. Byron Cook, a wealthy ally of House Speaker Joe Straus and the Democratic caucus. (Cook has long pushed to create state documents for illegal aliens, protect labor unions, and oppose pro-life activists.)

Think people are innocent until proven guilty? Not in our flawed criminal justice system. Once someone is indicted in Texas, even improperly, even illegally, they must fight to prove themselves innocent. And doubly so when the liberal media perpetuates lies about their case.

In the latest turn of events, the disgraced Collin County criminal judge arranged to have two liberal trial lawyers from Houston appointed to prosecute Paxton. Despite Oldner himself now being under investigation for judicial misconduct, a new judge is forcing Collin County taxpayers to not only pay for these ”special prosecutors”… but to pay more than state law or court rules appear to allow.

Texas law limits how much special prosecutors can be paid to the amount normally afforded for indigent defense, but visiting Judge George Gallagher of Fort Worth has ordered Collin County to exceed those limits and pay the special prosecutors hundreds of thousands of dollars.

Given how conservative Collin County is, one would expect the county’s chief administrator, Keith Self, and his fellow commissioners to stand up against judicial tyranny.

Moreover, it is judicial tyranny coming from a visiting Fort Worth judge for whom Collin County taxpayers have never voted, and will never have a chance to hold accountable.

Self and the commissioner’s court are not standing up for taxpayers. While two commissioners initially voted against Gallagher’s order-to-pay, Self and the other two commissioners buckled. In public statements, Self has said he hates the order, but is afraid to be found in contempt of court.

But the court is itself in contempt of our constitutional separation of powers. Neither Judge Gallagher, nor any judge, has the power to reach into the treasury. Court rulings can only be enforced by willing parties. And in this case Self and the commissioners court are willing to go along with orders that appear to violate the law. (Only commissioner Susan Fletcher has consistently opposed the illegal orders of Judge Gallagher.)

....

District judges are seeing that even in Texas’ most conservative county they are free to exceed legislative limits, and reach deeply into the executive’s purse, to fund illegal orders in untenable politically-motivated cases.
Bottom Line: It's no wonder why the business as usual crowd sees Paxton as such a threat.

Wednesday, April 13, 2016

Another round of BULLSHIT against Ken Paxton


"Yes, and all who desire to live godly in Christ Jesus will suffer persecution."
2 Timothy 3:12

On Monday, the Obama administration filed a civil lawsuit against Ken Paxton; there's nothing new in their case except another legal bill for Ken and Angela.

The facts of the case haven't changed since last summer when Watchdog explained:
The two charges of fraud against Paxton don’t involve misrepresentation on Paxton’s part, or any other violation of a clear principle. Rather, the prosecutors think Paxton should have volunteered more information about his own investments in the course of selling stock in a company, and that his not doing so amounts to fraud.

....

Paxton isn’t being accused of telling a lie, which is a factual question. He’s being accused of the much more subjective charge of misleading investors by failing to state a material fact. Actually, the indictments just allege the failure to state a fact; they don’t explain how anyone was misled.

....

According to court records filed by the SEC, the kernel of truth to those claims was that Freescale had agreed to test the servers in mid-2012, and at the end of the year, an Amazon employee expressed interest in testing out one of Servergy’s servers for his personal use.

In early 2013, Mapp apparently emailed Paxton, among other people who solicited investors, bragging that he was about to ship his first order from Amazon.

One might assume Paxton then went and told investors about a pending Amazon contract that would send the stock value through the roof, only one would be wrong.

The two fraud indictments against Paxton are over solicitations made in July 2011, long before Mapp got the idea to talk up Freescale or Amazon.

Paxton’s name shows up once in the middle of a 143-page court filing in an otherwise obscure case, leading savvy observers to recognize that an operator somewhere put that item out. That, and the involvement of Cook, who’s closely allied with Speaker Joe Straus, a Paxton antagonist, is one of the factors suggesting forces at work behind the scenes.

[Author's Note: Emphasis added.]
The Obama administration's lawsuit against Ken doesn't contain any new accusations.  It merely rehashes the same nonsense we've already heard.  Unfortunately, it also entails another legal bill.

That being said, there is a certain synergy seeing the Obama administration follow Team Straus' theory of this case, considering how Team Straus has pressured the Texas "Ethics" Commission to follow the lead of Obama's IRS pursuing vendettas against conservative activists.

Oh, and the SCOTUS argument over Obama's executive amnesty just HAPPENS to be next week....

Bottom Line: There's NOTHING new in this latest accusation.  There's nothing new in seeing the Obama administration and Team Straus pursue similar strategies against outspoken conservatives.  The only thing new in this case is the additional legal bill Ken and Angela will now have to pay.

Monday, December 7, 2015

Charlie Geren...AND TRIAL LAWYERS?!?


"Do not be deceived: 'Evil company corrupts good habits.' "
1 Corinthians 15:33

[Author's Note: The T.E.C. only posts itemized campaign finance reports going back to 2004 on it'x website.  That means we only have records going back a little over a decade.  That being said, Geren's been in office since 1999 and we have no reason to believe anything was different prior to 2004.]

Last week, we went though Charlie Geren's archived campaign finance reports on the Texas "Ethics" Commission's website; we found something VERY interesting:















Bottom Line: If you want to know why conservative legislation so frequently dies in the Texas House of Representatives, the fact that prominent members of the Republican "leadership" have received $25k (or more) from left wing trial lawyers would be a good place to start....