Tag Archives: Ken Paxton

Let the kids pray, Mr. Attorney General

Texas Attorney General Ken Paxton has decided to make an issue where none exists.

The non-issue involves some Muslim students at Liberty High School in Frisco, Texas, a Dallas suburb. They’ve been attending prayers in a classroom for years. They have been practicing their faith — of their own volition. The school has allowed the students to use the classroom and there’s been no issue with the other students.

Enter the attorney general, who has sent a letter to school administrators expressing his alleged concern about the Muslim prayers being recited in a public high school.

But then there’s this item, as reported in the Washington Post:

“Paxton attracted national attention last December when he waded into a dispute in Killeen, Tex., between a middle school principal and a nurse’s aide who put up a six-foot poster in the school with a quote from the classic animation special “A Charlie Brown Christmas” that read: ‘For unto you is born this day in the city of David a Savior which is Christ the Lord.’

“After the principal told the aide to take the poster down, Paxton wrote to the Killeen school district: ‘These concerns are not surprising in an age of frivolous litigation by anti-Christian interest groups … Rescind this unlawful policy.’

“When the school district refused, Paxton helped the nurse’s aide sue, and won.”

So, there you have it. It’s OK to sanction Christian activities in a public school, but when a group of Muslim students seeks some quiet time to pray, why, the AG expresses concern?

I understand what the Constitution says about government establishing laws that favor certain religions. The Constitution does not prohibit students from praying on their own. That is what is occurring in Frisco.

As the Post reports: “’This ‘news release’ appears to be a publicity stunt by the OAG to politicize a nonissue,’ schools superintendent Jeremy Lyon wrote in reply to the state. ‘Frisco ISD is greatly concerned that this type of inflammatory rhetoric in the current climate may place the District, its students, staff, parents and community in danger of unnecessary disruption.’”

It’s fair to ask: Would the attorney general have expressed concern had the students been Christian?

Frisco school officials have told the Post that the state never asked about the nature of the prayers when the school began allowing the students to use the room. Why is Paxton raising the issue now?

The anti-Muslim climate in this country is being fanned by policies enacted at the very top of the government chain of command. The president of the United States seeks to ban refugees from certain Muslim-majority countries and has run headlong into objections from federal judges who contend his executive order violates the Establishment Clause of the First Amendment to the U.S. Constitution.

As for what is occurring at Liberty High in Frisco, let the students pray, Mr. Attorney General.

Texas AG deserves to stand trial at home

My jaw dropped. My mouth is gaping. I cannot believe what I have just read.

Prosecutors seeking to convict Texas Attorney General Ken Paxton, who is set to stand trial for an alleged securities fraud matter, have asked for a change of venue because they say they cannot get a fair trial in Collin County, a suburban region just north of Dallas.

Why the jaw-drop?

Well, Paxton represented Collin County in the Texas Legislature before he was elected AG in 2014. That’s what made his indictment by a Collin County grand jury all the more remarkable, the way I saw it. This wasn’t a group of liberal activists seeking revenge against a conservative statewide politician. The grand jury was a panel of Paxton’s peers.

Prosecutors need not seek a change of venue, given that a Collin County grand jury brought the charges against Paxton in the first place.

The grand jury indicted Paxton on allegations that he misled investors in a company; the alleged crime occurred before he became attorney general.

I don’t know about you, but I find this allegation of bias against them to be soaked in irony.

As the Texas Tribune reported: “Ken Paxton, like all Texans, has the right to be tried in the County he was charged in,” Paxton lawyer Dan Cogdell said in a statement. “The Special Prosecutors have filed a 60-page pleading trying to thwart that right. That these prosecutors are somehow painting themselves as ‘victims’ of some nonexistent conspiracy is extremely telling.”

I believe the trial court will be able to seat a jury that can determine this case fairly and without bias. Just look at what the grand jury did to bring this case to trial.

The case is set to go to trial on May 1. Let it take place in Collin County.

On to securities fraud trial for Texas AG

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Texas Attorney General Ken Paxton took office under a serious cloud.

Allegations had been leveled at him for securities fraud. Then came a criminal indictment from a Collin County grand jury, comprising individuals Paxton used to represent in the Legislature. Indeed, it’s a good bet many of the grand jurors had voted for him when he ran for AG in 2014.

They indicted him for failing to report that he had benefited from investment advice he had given to clients. This couldn’t be construed seriously as a political witch hunt, given that the indictment came from Paxton’s home county.

He has pleaded not guilty to the charges. Today, though, the state’s highest criminal appellate court — the Court of Criminal Appeals — decided against hearing Paxton’s appeal. The ruling, thus, clears the way for Paxton’s case to head to trial.

https://www.texastribune.org/2016/10/12/court-criminal-appeals-declines-hear-paxton-case/

A federal judge earlier had tossed a Securities and Exchange Commission complaint against Paxton.

So, let’s decide this matter once and for all.

According to the Texas Tribune: “Last summer, a Collin County grand jury indicted Paxton on criminal charges of securities fraud and failure to register with the state securities board. He is accused of misleading investors in a company from before he took office as Texas’ top lawyer.”

This isn’t a penny ante case. It involves an individual, Paxton, whose reputation is supposed to be above reproach. It’s the position he holds. As the state’s top lawyer, he shouldn’t have this cloud hovering over him. Neither should the state AG’s office, which is really more important to the rest of us than a single politician’s reputation.

The Tribune reports that a trial could start as early as next spring. If Paxton is convicted, he faces a possible prison term of 99 years.

My own hope is that a court convene a trial as soon as possible so we can put this issue aside — one way or another.

Texas AG, truckers go after human traffickers

 

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The Texas attorney general isn’t generally considered a top-drawer crime fighter.

The AG’s office generally works on civil matters.

Heaven knows I’ve been critical of the current attorney general, Ken Paxton, over his allegedly lax ethical standard. Today, though, I want to salute the work he is continuing with truckers in combatting human traffickers.

Paxton is employing trucking organizations to put extra sets of eyes on those who might be suspected of transporting sex slaves across the state.

https://www.texastribune.org/2016/09/01/state-looks-truckers-combat-human-trafficking/

Paxton calls human trafficking “modern-day slavery.” It’s a hideous crime against humanity. The Texas attorney general is to be commended for using his office along with civilians who are on the road constantly to be on the lookout for those who prey on defenseless human beings.

As the Texas Tribune reports: “(Paxton) said the partnership helps educate truck drivers on the signs of human trafficking and how to report it. Paxton added that such a focused effort will help ensure that victims will be identified and rescued, and that traffickers will be punished.”

Truckers Against Trafficking is one of the groups that is working with the state in searching for human traffickers. Founded in 2011, this organization helps educate truck drivers in identifying human traffickers and ensuring they report what they see to the proper authorities.

Bexar County District Attorney Nico LaHood calls this initiative a form of “community policing.” As the Tribune reports: “This is a wonderful way to show how community policing works – bringing in partners from the community, people who are in the trenches, on the front lines to be our eyes and ears for law enforcement and prosecutorial agencies.”

We live in a huge state with many thousands of miles of highways. The state doesn’t have an unlimited set of eyes to search for these criminals. Enlisting the truckers doesn’t provide a limitless surveillance capability. However, it gives the state a crucial ally in this important crusade.

Texas AG seeks to do the seemingly impossible

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Texas Attorney General Ken Paxton deserves credit for perseverance.

He’s been indicted by a grand jury on charges of securities fraud. Paxton says he’s innocent and has entered a plea to that effect. He’s now taking his case to the Texas Court of Criminal Appeals, the state’s highest criminal appellate court.

He wants the CCA to do for him what it did for former Gov. Rick Perry, when it tossed out an accusation that Perry had coerced a public official by demanding her resignation after she had pleaded guilty to a drunken driving charge. Perry had been indicted by a Travis County grand jury and complained that the Democratic-leaning county had stacked the grand jury with Democrats pre-disposed to indict a Republican governor.

Perry made the case to the all-Republican Court of Criminal Appeals.

Paxton’s indictment is quite a bit different.

A Collin County grand jury indicted him on charges that he failed to improperly report personal profit from investment he had given; the Securities and Exchange Commission also has filed a complaint against the AG.

Now, why is this so interesting?

Paxton represented Collin County before he was elected attorney general in 2014. The county is among the more Republican-leaning counties in Texas. I don’t know this, but I’d be willing to bet real American money that many of the grand jurors voted for him as attorney general and also for him when he ran for the Legislature, where he represented Collin County.

The grand jury indicted its home boy, not some political outsider.

https://www.texastribune.org/2016/08/03/brief-august-3-2016/

Which makes me wonder whether the attorney general is going to get a favorable ruling from the Court of Criminal Appeals.

Tie goes to the GOP with SCOTUS decision

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The U.S. Supreme Court’s non-decision on President Obama’s executive order regarding illegal immigrants just demonstrates the need to get that ninth seat on the court filled.

OK, the president lost this one. The court came down 4 to 4 to uphold a lower court ruling that had set aside the president’s executive order that granted temporary amnesty to around 5 million undocumented immigrants.

His order would have spared millions of families from the fear of deportation, particularly those families with children who were born in the United States and, thus, were American citizens.

Now, their future is a quite a bit more uncertain.

Everyone knows that the court would have ruled 5-4 had Justice Antonin Scalia had been present to decide. He wasn’t. He’s now deceased. The president has nominated a moderate jurist to replace him. Senate Republicans won’t give Merrick Garland a hearing and a vote because they want the next president to make the selection.

So, the tie vote means the Republicans win this round.

Texas Attorney General Ken Paxton said, “I think the Constitution was upheld and this idea that there is a separation of powers — that no one person gets to make up law — was upheld,” Paxton said. “That’s a great thing for America.”

http://www.politico.com/story/2016/06/supreme-court-deadlocks-thwarting-obamas-immigration-actions-224720#ixzz4CS8xrwhm

But is it? Is it a great thing for those families that have come here to carve out a new life and for their children who were born here and who have considered themselves Americans for their entire life?

We can’t change the court’s non-decision now that it has acted — although I remain a bit dubious about how a tie vote actually settles anything. It reminds me a little bit of how court cases are decided on “technicalities.”

Obama and presumptive Democratic nominee Hillary Clinton both say the permanent answer must rest with Congress. Clinton vowed to seek congressional action if she’s elected president this fall.

Do I — as a layman — like how the court “decided” this case? Not in the least.

But you play the hand you’re dealt.

It does show quite brightly, though, why it’s important to fill that ninth seat on the Supreme Court — and why Merrick Garland deserves a hearing and a vote of the Senate.

AG’s case takes interesting turn

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Texas Attorney General Ken Paxton’s journey through the state’s judicial system has taken another interesting turn.

The 5th Court of Appeals, based in Dallas, has rejected Paxton’s request that the securities fraud case against him be tossed out. According to the appellate court, the case should go to trial and Paxton should have to make the state prove beyond a reasonable doubt that he broke securities law by failing to properly report income he received while providing financial advice to clients.

Paxton has pleaded not guilty to the charges brought by — get this — a Collin County grand jury, which happens to be in Paxton’s home county.

This case ought to be settled by a trial court.

https://www.texastribune.org/2016/06/01/appeals-court-upholds-fraud-charges-against-paxton/

What’s next? Paxton’s legal team is considering whether to take it to the state’s highest criminal appellate court, the Court of Criminal Appeals. The special prosecutor’s office assigned to this case said it is confident the CCA will uphold the lower court ruling against the AG.

I understand fully that Paxton is “innocent until proven guilty.” He has tried all along the way to get the case thrown out. The courts have ruled repeatedly against him, saying the charges against him have merit.

Will the Republican AG prevail if he takes it to the all-GOP Court of Criminal Appeals? That might be his best shot at getting it thrown out.

The Texas Tribune reported: “During a hearing before the court last month, Paxton’s lawyers most prominently argued that the grand jury that indicted him was improperly selected. The court rejected that argument in its ruling Wednesday.

“‘After reviewing the record and, in particular, the process used by the district judge, we conclude the complained-of method of selecting the grand jury is not a complaint that would render the grand jury illegally formed,’ Chief Justice Carolyn Wright wrote.”

The way I look at it, if he’s innocent of the charges brought against him by the grand jury — and by the complaint filed by the Securities and Exchange Commission — then he ought to make the case in court.

Make the state prove its case and let a jury of his peers decide.

 

Governor, comptroller right to end ‘severance pay’

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Why did it take a controversy to get the Texas governor and the state comptroller of public accounts to do the right thing?

Gov. Greg Abbott and Comptroller Glenn Hegar have ordered state agencies to end the practice of granting what’s been called “emergency leave” pay for public employees who left their public-sector jobs.

Let’s call it what it was: severance pay.

Someone leaves public employment voluntarily and then collects pay even though he or she is no longer on the job?

Ridiculous!

https://www.texastribune.org/2016/06/01/governor-comptroller-orders-agencies-stop-pay-depa/

The issue blew up when Attorney General Ken Paxton — the guy who’s got his own share of legal difficulties with which he must contend — paid two former top assistants after they had left the AG’s office. It turns out that the General Land Office did the same thing.

Abbott and Hegar’s directive stipulates that it will remain in effect until the Legislature decides how to handle it.

Here’s an idea for legislators to heed: Ban it forthwith. Make it illegal to pay these kinds of severance packages to public employees who resign their jobs voluntarily.

I trust we’re clear on that.

 

Irony in all these lawsuits

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There’s a certain sort of irony one can find in this story from the Texas Tribune.

Texas’s Republican political leaders have made it a point of pride that they have sued the federal government 40 times since 2009, the year President Barack Obama took office.

The state’s two most recent attorneys general — Greg Abbott and Ken Paxton — have had mixed results from all those suits.

Hey, man, they’re still glad to sue the daylights out of the president and the government over which he presides.

Their cause? The government is overreaching, seeking to usurp authority set aside for the states — allegedly.

The irony? Well, I recall many Republican candidates for public office contending that they wanted to stem the flood of lawsuits. They would argue that many of them are frivolous and that the courts couldn’t afford the escalating costs of litigation. I won’t argue that the suits are “frivolous,” as I am not a legal scholar.

https://www.texastribune.org/2016/05/26/texas-vs-federal-government/

The link attached to this post itemizes the costs of the suits. Add  them up. They have cost the state — that’s you and me, folks — a good chunk of money over the past eight years.

This is a point of pride with these fellows?

Severance pay for state employees?

Golden-Parachutes

No doubt you’ve heard it said that “we ought to run government like a business.”

Most of the time, that’s merely a cliché that doesn’t deserve to be taken seriously.

Then again, you get an exception to the rule. Take the case of state agencies paying what amounts to “severance pay” to public employees who resign their public jobs.

As the Texas Tribune reports, the practice in Texas is likely to vanish during the next legislative session … as it should.

https://www.texastribune.org/2016/05/27/analysis-expense-texas-taxpayers-carries-no-explan/

Texas Attorney General Ken Paxton’s office has paid such severance to several former staffers. Paxton doesn’t call it “severance.” He calls it “emergency leave” pay.

What the bleep is the difference?

This is outrageous. It ought to stop. It’s a waste of valuable public money that the state keeps harping about that it doesn’t have.

I happen to know a bit about how private business handles these issues. It’s a whole lot less generous — in a case with which I am intimately familiar — than it is in the public sector.

In August 2012 I received some shattering news from a hired gun brought in to manage the “reorganization” of the newspaper where I was working at the time. We were told we could apply for any job we wanted. I chose to apply for the job I’d been doing at the Amarillo Globe-News for nearly 18 years; I thought I was doing a pretty good job.

Not long after being interviewed twice by the management team at the newspaper, the hired gun called me into his office and said:  “There’s no easy way to say this, but we’ve decided to give your job to someone else.” The “someone else” also had applied for the same position, so my employer went with him. I was out.

I chose to resign on the spot rather than apply for another position and face the remote possibility of getting hired for that. I was qualified to do one thing at the newspaper, but I didn’t do it well enough to suit my employer.

During what amounted to an exit interview the next morning with my soon-to-be former boss, I asked about a severance. He all but laughed in my face.

I walked out.

That’s how it’s done in private business. You resign, you don’t get a severance, man. Ross Ramsey, writing for the Texas Tribune, says private businesses do offer such severance deals, but they come with a price. Ramsey writes:

“In the business world, departing employees are sometimes given a golden parachute in exchange for their silence — a ‘thanks for all you’ve done’ along with a ‘keep your trap shut about what happened here.’” I didn’t get that, so I’m free to blab.

But, when someone leaves a government job in Texas, they qualify for “severance” or “emergency leave.”

Give me a break.

End the practice … as soon as possible.