Off the Kuff Rotating Header Image

May 7th, 2022:

Federal lawsuit filed over Abbott’s border arrest fiasco

Meant to post this last week.

Three private defense attorneys, representing 15 migrant men arrested under Gov. Greg Abbott’s border operation, have filed a federal lawsuit seeking to end the governor’s policy of arresting migrants on criminal trespass charges, which the suit argues is racially discriminatory and infringes on the federal government’s immigration authority.

The lawsuit is the first to challenge Abbott’s Operation Lone Star in federal court, though defense attorneys have raised similar arguments in ongoing state litigation. The federal suit, filed Wednesday in the Austin-based U.S. District Court for the Western District of Texas, asks the court to scrap the governor’s border initiative altogether and order the release of migrants arrested under what it calls a “separate criminal prosecution and detention system.”

“The criminal process is rife with civil rights violations that have led to extreme, outrageous delays in cases that often end in dismissal or non-prosecution,” the lawsuit states, alleging state authorities filed “fraudulent probable cause affidavits,” failed to appoint attorneys for some defendants, and waited too long to file charges for numerous migrants.

Under orders from Abbott, state troopers and National Guard troops have arrested more than 3,000 migrant men since last July for allegedly trespassing on private property along the border. The operation has allowed Texas officials to jail migrants without running afoul of legal precedent that largely prevents states from enforcing federal immigration law.

The federal suit argues, however, that the entire program — including the trespass arrests — is “intended to rival or supplant federal immigration policy” and “interferes with federal enforcement priorities.” It argues that while the Biden administration has ordered immigration authorities to prioritize the most serious offenders, such as those with violent criminal history, Operation Lone Star “targets any and all suspected aliens without regard to dangerousness.”

Defense attorneys have used a similar argument in a pending state lawsuit that seeks to dismiss the cases of more than 400 migrants arrested under Texas’ border initiative. That lawsuit is modeled after an earlier case in which a Travis County judge tossed the trespass charge against Jesús Alberto Guzmán Curipoma, an engineer from Ecuador who was arrested in September.

Curipoma and his attorneys, Angelica Cogliano and Addy Miro, are also part of the federal lawsuit filed Wednesday.

[…]

The federal lawsuit further alleges that migrants are routinely arrested under Operation Lone Star without probable cause, in violation of the Fourth Amendment, and based on their perceived ethnicity and immigration status, resulting in “systemic discrimination.” The attorneys cited arrest affidavits filed by Department of Public Safety troopers that refer to detainees as Spanish or Hispanic and undocumented, or reference their country of origin.

Such statements “suggested that the individual’s perceived ethnicity was relevant to the DPS trooper’s understanding that that person was not welcome on the property,” the lawsuit reads.

The suit seeks monetary damages of $18,000 for each day that migrants were “unlawfully incarcerated or unlawfully re-incarcerated,” amounting to $5.4 million.

Much of the language from the lawsuit mirrors that of a complaint filed by civil rights groups with the U.S. Department of Justice last December, in which the groups urged the Biden administration to investigate Operation Lone Star. The Justice Department has yet to step in against Abbott’s initiative.

Meant to include this in that big roundup of border and legal stories, but I just missed it. My bad and my apologies. I don’t have anything to add other than I’m rooting for these plaintiffs and I’d like to see the Justice Department get off its ass and address that complaint from December.

Paxton whines about the disciplinary process he selected

My head hurts.

Best mugshot ever

Texas Attorney General Ken Paxton, the state’s top lawyer, said Friday the state bar was suing him for professional misconduct related to his lawsuit challenging the 2020 presidential election.

“I have recently learned that the Texas State Bar — which has been waging a months-long witch-hunt against me — now plans to sue me and my top deputy for filing Texas v. Penn: the historic challenge to the unconstitutional 2020 presidential election joined by nearly half of all the states and over a hundred members of Congress,” Paxton said in a statement released on social media. “I stand by this lawsuit completely.”

A few hours after saying he was being sued by the bar, Paxton’s office announced an investigation into the Texas Bar Foundation for “facilitating mass influx of illegal aliens” by donating money to groups that “encourage, participate in, and fund illegal immigration at the Texas-Mexico border.” The foundation is made up of attorneys and raises money to provide legal education and services. It is separate from the State Bar of Texas, which is an administrative arm of the Texas Supreme Court.

Representatives for the Texas Bar Foundation could not immediately be reached for comment. Trey Apffel, executive director of the State Bar of Texas, said the bar and the foundation are privately funded and don’t receive taxpayer funds.

“The foundation is separately funded through charitable donations and governed by its own board of trustees,” Apffel said. “While we are unsure what donations are at issue here, we are confident that the foundation’s activities are in line with its mission of enhancing the rule of law and the system of justice in Texas.”

Paxton, an embattled Republican seeking a third term, said state bar investigators who now appear to be moving on a lawsuit against him are biased and said the decision to sue him, which comes a week before early voting in his GOP runoff for attorney general, was politically motivated. He is facing Land Commissioner George P. Bush in the May 24 election.

“Texas Bar: I’ll see you and the leftists that control you in court,” he said. “I’ll never let you bully me, my staff or the Texans I represent into backing down or going soft on defending the Rule of Law — something for which you have little knowledge.”

In fact, the investigation into Paxton has been pending for months. Last July, a group of 16 lawyers that included four former state bar presidents filed an ethics complaint against Paxton arguing that he demonstrated a pattern of professional misconduct, including his decision to file a federal lawsuit seeking to overturn the 2020 presidential elections in battleground states where former President Donald Trump, a Paxton ally, had lost. The attorneys said the lawsuit was “frivolous” and had been filed without evidence. The U.S. Supreme Court dismissed it, saying Texas had no standing to sue.

In March, the investigation moved ahead and Paxton was given 20 days to decide whether he wanted a trial by jury or an administrative hearing to resolve the complaint.

On Friday, a spokesperson for the state bar said the group had not been notified of a decision. Jim Harrington, a civil rights attorney and one of the lawyers who filed the ethics complaint, said he also had not been notified of a trial but that Paxton would have received notification.

“I was as surprised as you were to see that tweet this morning,” Harrington said.

See here for some background. You may note that happened in early March, almost two months ago, which is considerably more than 20 days. I don’t know if time moves more slowly in this context or if there just wasn’t any mechanism to enforce the decision Paxton had to make. Whatever the case, he made it and now he’s fundraising off of it. At least that much is par for the course, at least for him. While this case will be heard in Travis County, the judge who oversees it will be selected from the Texas Judicial Branch’s administrative region, which is a fairly large area. I don’t know how any of that works, either – this whole thing is kind of a black box. But it’s moving along, which is more than we can say for some other messes involving Ken Paxton.

UPDATE: Via email, a statement from the Texas Bar Foundation:

“The Foundation is extremely disappointed to learn that AG Paxton has decided to use taxpayer dollars on a fruitless exercise. Had AG Paxton taken the time to come and speak with us rather than issue a press release, I am confident that he would have found no wrongdoing on the part of the Foundation. Nevertheless, the Foundation is happy to cooperate and provide the AG’s office with documents and information relevant to the investigation.

Thousands of Texans have had their lives changed because of grants received from the Texas Bar Foundation. General Paxton is misinformed. The Foundation does not receive funding from taxpayer dollars. To the contrary, our grants are made possible by the generosity of Texas lawyers. We receive voluntary contributions from the Fellows of the Foundation, and those contributions enable the Foundation to award millions of dollars in grants. We will proudly continue to award grants to much-needed charities throughout Texas going forward.”

There’s a story in today’s Chron that has more information than this Trib story. I’ll do a separate post on that.

The White Oak Bike Trail extension starts to come into focus

When last we visited the White Oak Bike Trail extension construction, we were puzzling over what the deal was with whatever they were doing next to the trail itself. I couldn’t tell where it was going or why it was there. A couple of weeks later, from the same view that I normally get looking at it from Studewood to the east, I could see that it was coming along but still couldn’t decipher what it was for.

BikeTrailExtensionWalkingPath

Fortunately, I finally had the time to try to find some alternate perspectives. Starting from the new little parking lot for the Bayou Greenways Park on Studewood just north of I-10, I crossed the bridge over Studewood into the little park, which extends north of the trail just before the MKT Bridge, and walked the park trail along its north end, which gave me a side view of the trail extension instead of just the front-on view I’d been getting. And lo, it all made sense.

BikeTrailExtensionSplitFullPicture

You may need to click on the photo to see it on Flickr so you can zoom in. What you see on the left (the west end) is a connection from whatever that parallel thing is to the bike trail. Here’s a zoomed-in view of it that I took:

BikeTrailExtensionSplit

What that says to me is that the parallel structure is likely an alternate path for walkers, with stairs on the east end leading to a flatter surface, instead of the deeper slope that the bike trail has. At least, that’s what makes sense to me. I can sort of see the stairs taking shape at the other end, though it’s still early for that. I suppose there’s a design document somewhere that can confirm or contradict my hypothesis, but if this isn’t what is happening then I’m really at a loss. I expect this will become more obvious over the next few weeks.

So far all of the construction activity is on the west side of that little culvert from the bayou, which creates a bifurcation in the planned path. While I was using this perspective, I got a picture of the gap between the two halves, so you can see what will need to be bridged:

BikeTrailExtensionChasm

I have no idea what the plan is for that. And given what we’ve just seen here, I may not be able to make sense of it when I do see it, at least at first. I’ll let you know when that happens.

(Still no sign of construction on the MKT Bridge itself. I have no idea what’s going on with that, either. The previously reported estimate for that to be fixed was “late summer”, so we still have almost five months. But they sure are taking their time about it.)

Some Dallas-area school board races are really crazy

We’re going to see more of this, I’m afraid.

New political action committees targeting North Texas school board seats are spending big money on conservative rallying cries ahead of Saturday’s elections.

Some Richardson voters, for example, received mailers decorated with baby blocks with the letters CRT. “RISD schools can’t teach the basics if they’re too busy teaching ‘critical race theory’ nonsense,” the flyers read.

It’s yet another sign of how local school board races are now the front lines of Republican culture war issues, such as those on race, gender, library books and parental choice.

At least 10 conservative PACs are trumpeting “taking back” school boards as they funnel hundreds of thousands of dollars to influence local races.

Some are tapping the same consulting groups, including GOP heavy hitter Axiom Strategies, which worked with Sen. Ted Cruz and helped on Gov. Glenn Youngkin’s strategy in Virginia.

Last month, Axiom received more than $100,000 from at least four local conservative PACs and a handful of the candidates they endorsed for school boards in Richardson, Keller, Highland Park and Southlake. Those funds largely went toward mailers, according to April 29 campaign finance filings.

“Usually those [races] would be below the radar screen for national-level political operations,” said Matthew Wilson, a political science professor at Southern Methodist University (SMU supports The Education Lab). “But so many of the really hot-button contentious issues over the last couple of years have been fought out at the school board level that it’s not surprising to start to see some of that.”

Axiom vice president Nick Maddux said in a statement that his firm works to win tough races across the nation.

“High-intensity school board campaigns have become the new norm,” he said.

Patriot Mobile Action, tied to a Texas-based cellphone company, spent more than $400,000 supporting conservative candidates in four North Texas school board races, NBC News reported. The PAC endorsed 11 candidates in Keller, Mansfield, Carroll and Grapevine Colleyville, according to its website.

It still has over $100,000 cash on hand, finance records show.

Meanwhile, several PACs are collectively spending tens of thousands of dollars with a group called Edgerton Strategies, a group with little online presence. It is registered to a lawyer in Wyoming but run by Erik Leist, a Keller father who does marketing work. He said he got involved with the different groups based on word-of-mouth.

Leist previously did communications work with a KISD parent who challenged a library book and disputed the district’s process for reviewing it.

Heading into the final stretch, the KISD Family Alliance PAC got a financial bump: A $10,000 donation from Monty Bennett, CEO of Ashford Inc. The hotelier is a major Republican donor.

While trustee races are technically nonpartisan, their work has become increasingly politicized over the past two years as ideological battles raged over COVID-19 protocols and how schools should discuss race and gender.

There’s more, but you get the idea. It’s not just in the Dallas area that these large sums of PAC money are pouring in to support wingnut candidates – John Coby has been documenting this for CCISD races. There’s been a bit of coverage on this in the Chron, but not nearly as detailed.

There was a time in the aughts during Tom Craddick’s Speakership when some Republicans wanted to mandate school board elections be held in November of even-numbered years, on the theory that this would necessarily make them more partisan, and that would work in Republicans’ favor. Clearly, they didn’t need the races to be in November for the partisanship. I don’t know what to expect today, but I won’t be surprised to wake up tomorrow and find out that a lot of terrible people are now on a bunch of school boards. Unfortunately, these are the times we are now in.