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February 2nd, 2020:

Weekend link dump for February 2

What might have happened in the next season of some TV shows that got canceled. Gotta say, as a fan of “Castle”, I’m glad the Season 9 that might have been never did happen.

“[Alan] Dershowitz’s career is a testament to the effects that celebrity, affluence, and fame can have on even the most formidable legal minds. His client in the Senate trial won’t be Trump, or even the presidency as an institution, but power itself.”

“Everything You Need to Know About the Potential Sale of .Org”.

“I grew up watching Sound of Music at least once a year with my evangelical Christian family. That was the 1970s and ’80s, when it was on the short list of officially sanctioned movies deemed acceptable and edifying for good Christian families. Watching that movie taught me that the Nazis are always the bad guys and that refugees and those who help them are always the good guys. This is no longer a noncontroversial position in American evangelicalism.”

“But the biggest thing is we shouldn’t lose track of what a disgrace this is. Bolton, as we’ve suspected, denied critical information to a lawful and constitutional judicial inquiry while making it available for what is at the end of the day a private business venture. There is just no conceivable justification for this from any, any perspective. It is really a disgrace.”

Jemele Hill eulogizes Kobe Bryant and how he evolved as a person after he retired from the NBA.

“If Bolton does testify, he not only refutes the linchpin of Trump’s defense, he also potentially implicates a wide array of other officials.” (Scratch this if this is obsolete by Sunday.)

“But now, the executive privilege argument is no longer available. Trump’s tweets directly denying the substance of Bolton’s reported allegations waive any privilege that might have protected them from public disclosure. Privilege is meant to keep a president’s secrets confidential. If the president reveals those secrets or publicly discusses the conversations himself, there is no longer any need to protect them from disclosure.”

“That person knew, as did all who inhabit Quote Whores boxes everywhere, the value of being well-known and seen-often-on-TV.”

“The Oral History of Prince’s Super Bowl XLI Halftime Show”.

RIP. John Andretti, NASCAR driver.

RIP, Fred Silverman, longtime TV producer who gave us Scooby Doo, Where Are You? and so much more.

“The New Orleans Saints apparently had a hand in determining which local priests were on a pedophile list, according to lawyers for sex abuse plaintiffs suing the Archdiocese of New Orleans.”

There’s still a lot more House Democrats can do once the Senate and Mitch McConnell finish giving Trump a get-out-of-any-form-of-accountability card.

Jeopardy! legend James Holzhauer revisits betting on baseball.

RIP, Mary Higgins Clark, bestselling author.

RIP, Edgar Henderson, Disney animator who produced cartoons for the original Astrodome scoreboard.

Ken Paxton does Ken Paxton thing

Film at 11.

Best mugshot ever

Texas Attorney General Ken Paxton’s office is not defending a state agency that is being sued for punishing a judge who refuses to officiate gay marriages.

It’s the most recent in a handful of cases in which Paxton, a Republican, has stepped away from one of the basic requirements of his job because the state’s actions conflict with his views of the Constitution.

Just days after the 2015 Supreme Court decision legalizing same-sex marriage, Paxton issued a legal opinion arguing that Texas clerks and judges with religious objections could not be forced to officiate those marriages or process the paperwork. In the nonbinding opinion, Paxton, also pledged to “be a public voice for those standing in defense of their rights.”

That argument will be tested in Texas courts for the first time after Justice of the Peace Dianne Hensley of Waco sued the Commission on Judicial Conduct for issuing her a warning last year. Since 2015, the general practice in Texas has been that judges either perform all types of marriages or none, if they have religious objections to same-sex marriages. But Hensley argued she could continue officiating straight marriages while referring same-sex couples to others because of the conflict with her religious beliefs.

The attorney general would have been expected to represent the commission as part of his charge to defend state agencies, putting Paxton in the awkward position of arguing against his 2015 opinion.

Instead, the attorney general’s office is not representing the agency.

“We believe judges retain their right to religious liberty when they take the bench,” spokesman Marc Rylander said in a statement.

Jacqueline Habersham, interim executive director of the Judicial Commission, has so far acted as counsel for the commission in the case. Habersham declined to comment.

See here and here for the background. The Trib notes another dimension to this.

Paxton declined to defend a different state agency, the Texas Ethics Commission, in a lawsuit filed years ago by Empower Texans, a hardline conservative group that has been an important political ally to him. And he has opted not to defend state laws, like the Texas Advance Directives Act, when they conflict with his interpretation of the Constitution.

Hensley is represented in the case by the First Liberty Institute, a high-profile Plano-based religious liberty law firm with deep ties to Paxton’s office that reach back to the earliest days of his political career. Hensley’s lawyer, Jonathan Mitchell, is a former solicitor general of Texas. And Paxton and the First Liberty Institute have often been allies in religious liberty fights in Texas, collaborating on a lawsuit against the city of San Antonio after it banned Chick-fil-A from opening a location in its airport. Jeff Mateer, now Paxton’s top aide, worked as the firm’s general counsel before joining the attorney general’s office.

Kelly Shackelford, the group’s president and CEO, has endorsed Paxton and contributed to a legal defense fund Paxton has used to fight off a four-year-old criminal indictment for securities fraud.

Nothing ol’ Kenny won’t do to help his buddies. In this sense, it’s just as well that he’s peaced out of the litigation, because literally any alternate arrangement for the State Commission on Judicial Conduct, whether they represent themselves or hire an outside firm, would be better than having an attorney that’s biased against you as your advocate. The solution here is the same as it’s ever been – we need a better AG. We tried in 2018, we’ll need to finish the job in 2022. He’s not going to change, we have to swap him out.

Texas Lawyer’s judicial race coverage

As you know, I’ve been busy with judicial Q&As as usual, but this year I’m not the only one chasing down judicial candidates to ask them why they’d make good judges. Texas Lawyer, a part of the Law.com publication, is flooding the zone with its own Who’s Running For Judge In Texas Elections? 2020 Voters Guide. Normally you need to give Texas Lawyer your email address and are limited to three articles per month – they’ll send you a daily newsletter and breaking news, both of which have highlighted stories that I’ve blogged about that I hadn’t yet seen elsewhere – but they appear to have made this feature publicly available. They’ve got their own Q&As with the candidates, most of whom responded to them, which has some overlap with my own questions – not a surprise, there’s only so much you can ask them because there’s only so much they can ethically say. Anyway, a big thumbs up from me, so go check it out and annoy the critics of our current system by making informed choices in the upcoming primaries.

Metro’s robot security guards

Not a character from a dystopian action movie, I promise.

Robot security guards are coming to a Houston-area transit center, park and ride lot and rail station in the coming months, after the Metropolitan Transit Authority board approved a $270,000 test of the techno-police Thursday.

“They have been shown to be deterrents,” said Denise Wendler, chief information officer for Metro.

Wendler said Metro’s agreement with Knightscope is a one-year test, from which it could expand beyond the three locations. Citing the need to provide more security to petty crimes without stretching police resources, officials sought information on the robotic rangers.

Agency officials, in consultation with the company, will decide which parking lots, transit centers and rail stops get a robot in the first year, Wendler said.

Security sentinels are becoming a familiar sight in shopping malls and some developments. In downtown Houston, a robot patrols the grounds of Allen Center.

Though many users nationally have said they are a cost-effective crime deterrent, the devices have raised alarms with some privacy concerns about a robot roaming public spaces recording everything and broadcasting back to private and public entities. Fears of hacking also have been raised.

Metro officials are likely to use a K5 robot — a 400-pound, 5’2” bullet-shaped bot that moves at a maximum speed of 3 mph — at a transit center and park and ride lot. Though a sleek R2-D2 does not sound that intimidating, its ability to record video and relay it to police is its real threat to thieves and others.

“What they have seen is people move away from it because they do not want to be videoed,” Wendler said.

If you’re thinking you might have seen one of these things before, you may have. I don’t feel like digging through my archives for this, but there was a big discussion in Houston a bit more than a decade ago about the usefulness of installing a bunch of closed-circuit cameras downtown as a crime deterrent. That was eventually scrapped, partly for cost reasons, partly for privacy reasons, partly for a general lack of evidence that the cameras did serve as deterrents. It’s possible that data is different now – for sure, camera and surveillance technology is a lot more advanced, for better and worse – but even then the one good use case for the closed circuit cameras was in enclosed spaces – parking lots, subway trains, that sort of thing – and that’s more or less what is being proposed here. So we’ll see how they work. I do hope Metro is forthcoming with data about the experience, and I hope they will admit it and move on if they don’t have much effect.