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April 14th, 2016:

Second complaint filed against Miller

You do the crime

Sid Miller

A liberal advocacy group has filed another complaint against Texas Agriculture Commissioner Sid Miller, who found himself in hot water recently over possible misuse of state and campaign funds.

The complaint, filed Wednesday by Progress Texas,asks the Texas Rangers to investigate Miller for using campaign funds to pay for a flight to Mississippi, where he won money in a rodeo competition. Miller, who said he met with donors while in Mississippi, has said he has done nothing wrong.

The group also has filed a complaint with the Texas Ethics Commission.

Miller’s trip was revealed by a Houston Chroniclestory last week. Earlier this year, the Chronicle also reported that Miller may have used state funds to take a trip to Oklahoma for a controversial medical treatment. Miller reimbursed the state for that trip.

“This isn’t Sid Miller’s first rodeo,” said Lucy Stein, advocacy director of Progress Texas. “Miller has yet again demonstrated a pattern of abusing his office by misusing taxpayer and campaign funds.”

See here for the background. As with the previous complaint, the Texas Rangers would do the up front investigation before handing anything off to a District Attorney. The Rangers have now agreed to do their part, and Miller is totes sad that everybody is picking on him.

Texas Agriculture Commissioner Sid Miller on Wednesday called complaints filed against him over questions surrounding two taxpayer-funded out-of-state trips “harassment.”

The complaints were “filed by a very liberal left-wing organization, Progress Texas. They are just harassing me,” the Stephenville Republican said in a phone interview. “There’s nothing absolutely illegal or wrong with either of those trips … There is absolutely no validity to the complaint.”

[…]

One of the trips Miller took was to Oklahoma, where he received a controversial injection known as “the Jesus Shot” that is supposed to cure all pain for life.

When asked by the Houston Chronicle about the trip, Miller said he made it so he could tour the Oklahoma National Stockyards and meet with Oklahoma officials. But when those officials were contacted by the Chronicle, they said they had no plans to meet him in their state that day. Internal emails from the Agriculture Department later indicated that Miller had planned the trip around receiving the shot. After details about the trip became public, Miller said he would repay the state for the trip out of an “abundance of caution.”

Miller also traveled to Mississippi in February on the state’s dime. While there, Miller, who is a calf roper, participated in the National Dixie Rodeo. When asked about the trip, the Agriculture Department gave contradictory reports to media outlets.

I mean, come on, y’all. Why do there have to be all these rules and things taking all the joy out of life? Why can’t Sid Miller just be the Ag Commissioner he was always meant to be, without these professional busybodies poking their noses into his business? It’s just not fair, I tell you. The Trib and the Chron, which quotes a DPS spokesperson saying that the Travis County DA’s office will get this hot potato if there’s anything to it, have more.

Texas-filed birther lawsuit against Ted Cruz dismissed

No surprise.

Not Ted Cruz

Not Ted Cruz

A Houston federal judge tossed out a lawsuit Wednesday that challenged Texas Sen. Ted Cruz’s eligibility to run for president.

U.S. District Judge Gray H. Miller dismissed the suit with prejudice, meaning that Houston lawyer Boris Schwartz cannot file the suit again. He found that Schwartz, as a citizen and taxpayer in Texas, had no legal standing to bring the case.

Schwartz, who is 85 and wore an American flag lapel pin with a red, white and blue striped tie, had asked the judge during oral arguments Wednesday morning to rule as swiftly as possible.

He said he planned to buy an airline ticket as soon as the judge handed down an order for dismissal so he could file an appeal in person at the Fifth Circuit Court of Appeals in New Orleans.

[…]

The judge heard arguments Wednesday morning and didn’t mince words about dismissing the case.

“It seems to me the weight of authority is on the side of dismissal for standing,” Schwartz said, after Schwartz finished his argument.

See here and here for the background. Not sure where the “Boris” came from; in earlier stories, the litigant was identified as Newton Schwartz. Regardless, similar lawsuits have been dismissed in other states, with one of those plaintiffs petitioning the Supreme Court for a hearing. While anything is possible, I don’t expect them or the Fifth Circuit to touch this. Any lawyers out there see it differently?

Bland committee makes its recommendations for Waller County jail

Good to see.

Sandra Bland

Waller County needs a new jail, local officers need body cameras to record their activities and the sheriff’s office needs to promote civility, a study committee formed after the death of Sandra Bland said Tuesday.

The county came under national scrutiny in July when Bland was found hanged in her jail cell three days after being arrested by Department of Public Safety trooper Brian Encinia, who says she assaulted him during a contentious traffic stop. Her death was ruled a suicide, but her arrest and subsequent jailing triggered accusations of racism. Bland’s family has filed a civil lawsuit in federal court against the county, several of its employees and the now-fired Encinia.

Encinia is facing a perjury charge in Waller County, after a grand jury indicted him for lying about why Bland exited her car. The former trooper is also fighting to get his job back.

At Waller County Sheriff R. Glenn Smith’s request, local attorney Paul C. Looney formed the study committee at the end of July to review the operations of his office and the county jail. Civil rights attorneys Craig Washington and Randall Kallinen, former Texas Court of Criminal Appeals Judge Morris L. Overstreet, and criminal defense attorneys Juan L. Guerra and JoAnne Musick served on the committee and had unrestricted access, some of the members said Tuesday. Looney served as a nonvoting member.

[…]

Washington said the recommendations are specific and will make a difference.

“We think they will go a long way to providing better relations between all the citizens of Waller County,” said Washington, who presided over the committee. “Not even dividing them down into police and public but just to all of God’s children, to ensure that this community is a shining beacon of light for perhaps other community toward a more just society.”

Smith said building or rebuilding a positive relationship with the community requires law enforcement to be aggressive and to show that officers are there to protect everyone.

“We’ve got to be on offense,” he said. “Step up and convince the public that we’re open minded … we’re gonna make changes … we’re gonna reach out to regain your trust.”

Smith said from what he’s read, he supports most of the recommendations, but some items won’t just happen in a few months. In the case of the new jail, for instance, land has been picked out but funding has not been approved, he said.

Nevertheless, Smith said, the recommendations will be taken seriously.

“It won’t be dust settling over the report,” the sheriff said.

You can see the recommendations at the story link, and a copy of the report at Grits for Breakfast. I think they’re all doable, and I hope they have a positive effect. There are other issues that should be addressed as well, like de-escalation training for officers and saner bail/bond policies, but those things are outside the scope of what this committee was asked to do. Someone should still be thinking about them, and not just in Waller County. Nonetheless, this is a good start, and I wish Sheriff Smith and his staff in implementing the changes.

Texas blog roundup for the week of April 11

The Texas Progressive Alliance cannot be found in the Panama Papers as it brings you this week’s roundup.

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