Category Archives: legal news

‘Loyal’ Republicans turning on Texas AG?

AG Paxton

Texas Republicans are about as loyal as any partisan group anywhere in America.

They seem to stand behind their embattled officeholders no matter what. Until now … maybe.

Texas Monthly reports that a poll taken by the Texas Bipartisan Justice Committee shows that 62 percent of state Republicans want Attorney General Ken Paxton to resign over his indictment for securities fraud. The poll also reveals that 53 percent of self-proclaimed TEA Party members want Paxton to quit.

Although I disagree that he shouldn’t have to resign because of an indictment — it’s that presumption of innocence thing, you know — I find it fascinating that a significant majority of Texas Republicans want one of their own to leave office.

He was indicted, after all, by a grand jury in Collin County, which he represented in the Texas Legislature before being elected attorney general in 2014.

Maybe that ought to tell the attorney general something about his standing among all Texans — and that includes Democrats, too. He is after all, attorney general for the entire state and for all Texans, not just those who voted for him.

But as Erica Greider asks in her Texas Monthly blog, “What are the other 38 percent of Texas Republicans thinking?”

 

 

‘Subway Guy’ falls hard

jared-fogle-a-1024

One of the many aspects of today’s popular culture is the astonishing celebrity status that falls on individuals for reasons that have nothing to do with talent, brains or tangible accomplishment.

Social media make celebrities out of people often without them ever being aware of it until it’s too late. Take a picture with your smart phone of someone doing something weird, or just plain interesting, post it on social media outlets and — boom! — you’ve made a celebrity out of someone.

Jared “Subway Guy” Fogle is the latest popular culture celebrity to fall hard on his own failings.

He’s pleaded guilty to child porn charges. Now we hear that he solicited sex with children.

Fogle made millions by becoming a pitchman for the sandwich chain after losing a couple hundred pounds by scarfing down Subway sandwiches. He has a wife and small children. He also pledged to spend money to help poor children, but lo and behold, it’s been revealed he never distributed a dime through the foundation he created.

He did, though, allegedly spend money on seeking sex.

Just as so many others who portray themselves in one way publicly, only to behave quite differently when they think no one is looking, Fogle is about to fall hard.

His wife has filed divorce proceedings. Fogle is confined to his fancy house while he awaits sentencing.

My hope for this clown is that he gets the maximum of whatever Indiana law allows. He’s got to be put away for as long as possible.

He has duped the public for too long to get a mere rap on the knuckles.

Oh, the consequences of the celebrity status that falls on those who don’t deserve it.

 

Woodward knows a ‘scandal’ when he sees one

Bob Woodward knows his way around a political scandal.

He once was a young police reporter working for the Metro desk at the Washington Post. Then some goofballs broke into the Democratic Party National Committee headquarters at the Watergate office complex. Woodward and Carl Bernstein, another young reporter, began smelling a scandal in the works.

It turned out to be a big one. President Richard Nixon ended up resigning when it was learned he ordered the cover-up of the burglary.

Woodward sees a similarity between then and what’s happening now with Hillary Rodham Clinton’s e-mail controversy. The e-mail matter deals with messages Clinton sent on her personal server that might have contained highly classified information while she was serving as secretary of state.

According to The Hill: “’Follow the trail here,’ Woodward said on MSNBC’s ‘Morning Joe,’ noting that emails erased from Clinton’s private server when she led the State Department were either sent or received by someone else, too.”

Clinton erased the e-mails, just like those audiotapes were erased back in the 1970s as the Watergate scandal began to creep up on President Nixon. That’s according to Woodward.

The man knows what a scandal looks like. The Clinton e-mail controversy isn’t a scandal. At least not yet.

AG may keep job, even if he’s convicted? Wow!

The Texas Tribune has published an interesting primer on the complexities of Texas law, its constitution and whether the state’s attorney general can keep his job even if he’s convicted of a felony.

Here’s the link. I encourage you to take a look at it and then try to decide what you think about it.

http://www.texastribune.org/2015/08/04/texplainer-if-convicted-will-paxton-have-leave-off/

Ken Paxton, a Republican, has been indicted in Collin County on three felony counts alleging securities fraud. He just took office as Texas attorney general in January. He vows to plead not guilty. He won’t quit.

I don’t think he needs to resign as AG while the case is being adjudicated. But if he’s convicted? To me, it’s a no-brainer. Hit the road, Ken.

The Tribune reminds us of a curious quirk in the Texas Constitution, which is that judges and other judicial officials do not have to be practicing lawyers when they take office, although they do need good standing as members of the State Bar of Texas.

Some years ago, Potter and Randall County voters elected the late Hal Miner to preside as judge in the 47th District Court. Miner hadn’t practiced law, as such, for more than two decades. He ran a family business, but stayed active in the state bar.

The question that Paxton could face involves whether he’d lose his license to practice law if he’s convicted of a felony. If he does, then he cannot serve as the state’s top legal counselor. But as the Tribune reports, the law license and a possible felony conviction are separate issues.

Bizarre, eh?

I believe a conviction should compel Paxton to quit — if for no other reason than his credibility as the state’s top law enforcer would be blown apart if a jury finds him guilty of, um, breaking the law.

Texas garners another dubious ‘honor’

First, it was a sitting Texas governor who got indicted by a grand jury.

The governor, Rick Perry, has since left office and is now pursuing the Republican presidential nomination.

Now we have a sitting attorney general who’s been indicted by another grand jury.

Welcome to The Club, Ken Paxton.

http://www.texastribune.org/2015/08/03/paxton-set-surrender-securities-fraud-indictment/

Are they similar? Not by a long shot.

Perry’s indictment occurred in Travis County, where a grand jury has accused him of abuse of power and coercion of a public servant in connection with his veto of funds for the Public Integrity Unit. Perry and his allies have argued that the Travis County indictment was politically motivated; Travis County remains a Democratic bastion, while Perry is a Republican. Get it? Pure politics.

Not so with Paxton. He was indicted by a grand jury in his home county, which is Collin County. Paxton is a Republican attorney general; prior to that he represented Collin County in the Texas House of Representatives. I’m thinking it’s a real good bet that some — perhaps most — of the grand jurors voted for him when he ran for AG in 2014.

Paxton is indicted on two felony counts of securities fraud and another count of failing to register as an investment counselor.

This is serious stuff. Paxton is the state’s top law enforcer. He’s supposed to be clear of this kind of thing. He’s actually admitted to the investment advice matter.

Good grief! Can’t we do better than this in Texas?

OK, should he quit? No. He is still innocent until — or if — a court proves his guilt. Paxton plans to plead not guilty and will seek a trial by jury. Fine. That’s his right.

These indictments, though, of leading Texas politicians is getting worrisome.

We should expect more from our attorney general

Texas Attorney General Ken Paxton is going to have a big start to his work week.

A grand jury in McKinney, about noon Monday, is reportedly going to indict him on at least two felony counts of securities fraud. One of the counts is a first-degree felony, the other is a third-degree felony.

Paxton has essentially admitted to committing the lesser offense. He did so while campaigning for the office to which voters elected him in 2014.

This all brings to mind an essential question about the wisdom of Texas voters: Shouldn’t we demand the very best from our elected officials?

Paxton was elected in a breeze this past November. That, by itself, really isn’t surprising, as Paxton is a Republican running in a heavily Republican state.

However, the guy took office in January as the state’s top legal eagle. Some AGs have cast themselves as major crime fighters; I keep thinking of the late Democrat Jim Mattox, who used to imply wrongly that he’d bring bad guys to justice, even though the office basically deals with civil matters.

Paxton’s indictments don’t suggest the man is morally unfit to hold the office he occupies. However, it galls me greatly that he could get elected for no other reason than he happened to be a member of the political party that calls all — and I mean all — the shots in Texas.

I don’t think Paxton needs to step down while he defends himself against the criminal complaints brought against him. I believe in the presumption of innocence. Thus, there’s no legal obligation for Paxton to recuse himself from his duties.

Yet it becomes difficult for the attorney general — and the office this one leads — to proceed with any matter relating to the very type of infractions that have produced these indictments.

Some of Paxton’s critics have noted that his record in the Legislature wasn’t all that stellar. He was under-qualified politically to ascend to an important statewide office, they said. I didn’t follow his legislative career all that closely, but this upcoming indictment involving securities fraud is a serious matter that needs to be resolved as quickly as possible.

The attorney general of Texas needs — and deserves — to have this matter adjudicated in short order.

For that matter, rank-and-file Texans need this case settled soon as well. Our state’s attorney general must not operate under this cloud. After all, this man works for us.

Should an indicted state AG still serve?

Regarding the upcoming indictment of Texas Attorney General Ken Paxton, reportedly on at least two felony counts of securities fraud, some critics are going to question whether he should continue serving in the office he occupies.

http://www.msn.com/en-us/news/politics/texas-attorney-general-indicted-on-felony-charges-sources-say/ar-BBljQAB

At first blush, my reaction might be for him to step aside.

Then again, I want to be fair. Paxton, a Republican, is entitled to a presumption of innocence. He’s going to be accused formally, it appears, of  third- and first-degree felony counts. He’s admitted to the third-degree accusation that he steered investment clients to a friend of his without notifying the state. The other charge involves an investment company with which he was involved.

A grand jury in Collin County, north of Dallas — which Paxton represented while he served in the Texas Legislature — is set to unseal its indictment Monday in McKinney, according to sources in the know.

It’s all pretty serious stuff, given that Paxton is the state’s leading lawyer and its chief law enforcer.

You just don’t expect the attorney general of your state to be so tainted.

That doesn’t mean he cannot do his job.

The burden of proving his guilt will rest with the state. Until that guilt is proven beyond a reasonable doubt, the man who’s accused of the crime is presumed innocent.

Let the man serve if he’s able, even though he’ll likely have his hands full trying to defend himself.

Texas AG faces big legal fight

Well, isn’t this just like a punch in the chops?

A Collin County grand jury reportedly has indicted Texas Attorney General Ken Paxton on securities fraud charges … which Paxton actually admitted to while he was running for the statewide office he now holds.

The indictment will be unsealed in McKinney, Texas, the Collin County seat.

The indictment involves an allegation — if you can even call it that, given Paxton’s admission — that he rustled up some investment clients for a friend without filing the proper paperwork with the state; that’s a third-degree felony. But it gets even more hairy. Reports have surfaced that the grand jury also will indict him on a first-degree felony accusation of securities fraud involving a company with which Paxton was involved, and which has been investigated by the Securities and Exchange Commission.

http://www.msn.com/en-us/news/politics/texas-attorney-general-indicted-on-felony-charges-sources-say/ar-BBljQAB

“The (Texas) Rangers went out to investigate one thing, and they came back with information on something else,” special prosecutor Kent Schaffer. “It’s turned into something different than when they started.”

The Texas Rangers are the elite investigative arm of the Texas Department of Public Safety. In other words, thee folks are good at what they do.

I feel the need to point out a couple of key political points, given that I’m quite sure someone is going to label it a “political witch hunt.”

One, the Collin County district attorney recused himself from the case; so a special prosecutor was brought in.

Two, a judge from Tarrant County, about 40 miles east of McKinney, is going to hear the case.

Officials have made a concerted effort to remove any taint of bias from this investigation, given that Paxton represented Collin County in the Texas Legislature before he was elected to the state’s top law enforcement office.

Oh, and what about the grand jury itself? Is it populated with folks who have an axe to grind against Paxton? Remember when the Travis County grand jury indicted then-Gov. Rick Perry? The governor accused the panel impaneled in heavily Democratic Travis County of playing politics, given that Perry is a Republican and the person he was accused of bullying is a Democratic district attorney.

Is Collin County a Democratic bastion that could find grand jurors ready to send the Republican AG up the river?

Consider this little item: Collin County voted nearly 2-to-1 for GOP nominee Mitt Romney over Barack Obama in the 2012 presidential race. It’s fair to presume, therefore, that the grand jury pool likely leans more toward the attorney general’s party than in the other direction. If it doesn’t, I’m quite sure we’ll hear about it.

This is possibly shaping up as a difficult time for the Texas attorney general.

Texas AG faces possible indictment

This one seems cut-and-dried, but it’s probably not going to be determined that way.

Texas Attorney General Ken Paxton has actually admitted to securities fraud. He was elected anyway in 2014 as the state’s top lawyer, its chief litigator. He should be above reproach. Isn’t that correct?

http://www.texastribune.org/2015/07/28/grand-jury-looming-paxtons-team-and-prosecutors-sp/

He’ll be investigated by a Collin County grand jury, which will get evidence presented by the Texas Rangers, the elite investigative arm of the Department of Public Safety.

Cut-and-dried?

The Republican attorney general admits to soliciting investment clients for a friend without notifying the state in accordance with state law.

So, is Paxton guilty as charged?

Let’s walk back a few years to around 1998.

President Bill Clinton took an oath to tell the truth while testifying before a federal grand jury. The panel asked the president some questions relating to his relationship with a young White House intern. The president didn’t tell the truth about that relationship.

What did the House of Representatives do? It impeached President Clinton.

Ostensibly, the impeachment really wasn’t about the inappropriate affair with the intern. It was about whether the president followed the law. The House said his lying to the grand jury constituted an impeachable offense.

The Senate, though, acquitted the president of the counts brought against him.

So, when a state constitutional officer — the attorney general — admits to breaking state securities law, does that constitute an indictable offense?

Cut … and … dried. Maybe.

Prison is far from ‘normal’

“We have a tendency … to think it’s normal that so many of our young people end up in our criminal justice system. It’s not normal. It’s not what happens in other counties. What is normal is teenagers doing stupid things. What’s normal is young people making mistakes.”

— President Obama

Doesn’t it strike you as odd that of all the men who’ve served as president of the United States, that it took the current individual — Barack Obama — to become the first one to visit a federal penitentiary?

I find it odd. It’s a long overdue examination by the head of state and government of a key component of the federal judiciary system.

President Obama went to the federal lockup in El Reno, Okla., and told corrections something they no doubt knew but rarely spoke about out loud, in public. It was that many of the non-violent criminals are no different from other young offenders who’ve made mistakes.

Lord knows I made my share when I was much younger and much less aware of the consequences one faces for making mistakes.

http://www.msnbc.com/msnbc/president-obama-meets-non-violent-inmates-oklahoma?cid=sm_fb_msnbc

Obama talked about the explosion in the prison population. It happened in Texas, to be sure, partly because a federal judge — William Wayne Justice — ruled that overcrowding in the Texas prison system created an unconstitutional form of punishment for inmates. He ordered the state to fix the problem, so the state went on a prison-building binge — including the two units in Amarillo — to help relieve the crowding issue.

Federal drug laws became the focus of Obama’s visit to the El Reno lockup. The sentencing guidelines put non-violent offenders into prison, often serving life sentences. He recently commuted the sentences of 46 non-violent offenders and went to Oklahoma to talk up the need to rethink these sentencing guidelines.

That it took so long, though, for a sitting president to step inside one of these prisons is mind-boggling in the extreme.

Is it “normal” for teenagers who make mistakes to pay for them by spending the rest of their life behind bars?

The president said “no.”

I happen to agree with him.