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June 23rd, 2022:

Uvalde versus DPS

Someone’s not happy.

Uvalde Mayor Don McLaughlin on Tuesday accused state authorities of selectively releasing information about last month’s school shooting to scapegoat local law enforcement and intentionally leaving out details about the state’s response to the massacre.

New details emerged this week about the timeline of the shooting based on surveillance video from the school’s hallways and a transcript of officers’ body cameras. The records show that officers might not have attempted to open the doors of the classrooms where the gunman had holed up with victims. During a state Senate committee held earlier Tuesday, Texas Department of Public Safety Director Steve McCraw told lawmakers that law enforcement’s response to the Uvalde school shooting was an “abject failure.”

McLaughlin lambasted McCraw for what he described as a selective release of information about the investigation, focusing on blaming local law enforcement and leaving out the role of McCraw’s agency during the shooting.

“McCraw has continued to, whether you want to call it, lie, leak … mislead or misstate information in order to distance his own troopers and rangers from the response,” McLaughlin said Tuesday evening.

McLaughlin said none of the entities with information about the investigation into the May 24 shooting at Robb Elementary School — DPS, the Texas Legislature, the Uvalde County District Attorney’s office and the FBI — have briefed Uvalde city officials about their findings.

McLaughlin said he had been asked to refrain from sharing details about the investigation while it was ongoing but said Tuesday he would now start releasing that information as it became available to city officials.

“The gloves are off. If we know it, we will share it,” he said.

McLaughlin’s comments at a special City Council meeting seemed to contradict a press release issued just hours before, in which the mayor had said city officials would refrain from commenting on the investigation “or reacting to every story attributed to unnamed sources or sources close to the investigation.”

I mean, Steve McCraw put all the blame on Pete Arredondo, so it’s not a big surprise that Uvalde’s mayor didn’t care for that. As a reminder, McLaughlin is the guy who got all mad at Beto O’Rourke when O’Rourke interrupted Greg Abbott’s press conference – you know, the one he held just before he headed out for a big fundraiser – to demand that Abbott do something in response to the massacre. This was back when Abbott and DPS were praising Arredondo and Uvalde police for their response, which is to say, back before any of the truth started coming out. McCraw, meanwhile, is a longtime hatchet man for Abbott and Rick Perry before him, and deserves exactly zero benefit of the doubt. This is a fight where you can root for both sides to lose with a clear conscience.

The real issue here is the coordinated resistance to releasing data about the police response to the mass shooting. This is the appropriate response to that.

Sen. Roland Gutierrez

State Sen. Roland Gutierrez, who represents Uvalde, is suing the Texas Department of Public Safety over records related to the deadly shooting at Robb Elementary last month.

“In the wake of the senseless tragedy, the people of Uvalde and Texas have demanded answers from their government. To date, they have been met with lies, misstatements, and shifts of blame,” Gutierrez said in a lawsuit filed Wednesday.

State and local Uvalde officials have fought the release of records that could provide clarity around the botched emergency response to the shooting that killed 19 children and two educators. Law enforcement responding to the shooting waited more than an hour on the scene before breaking into the classroom to kill the shooter.

Gutierrez said he filed an open records request on May 31 for documentation about police presence and ballistics at the shooting, and he still has not received a response. Per state law, DPS had 10 business days to either respond or make a case to the attorney general.

[…

Abbott’s office on Tuesday said all information related to the shooting has been shared with the public or is in the expedited process of being released. Full results of the ongoing investigation by the Texas Rangers and the FBI will also be made public, according to the governor’s office.

That same day, Uvalde Mayor Don McLaughlin said city officials have been left out of briefings related to the investigation from entities, such as DPS, the Texas Legislature, the Uvalde County District Attorney’s office and the FBI.

Sen. Gutierrez’s press release is here and a copy of the lawsuit is here. I cannot wait to see what response the defendants make to this. The Chron has more.

UPDATE: Uvalde Consolidated Independent School District police Chief Pete Arredondo has been placed on administrative leave by the district.

Cornyn’s gun control bill passes the Senate

Happy to have had my cynicism proven wrong.

Exactly four weeks after a teenage gunman armed with a semiautomatic rifle massacred 19 elementary schoolers and two teachers in Uvalde, the U.S. Senate voted 64-34 Tuesday night to advance a bipartisan compromise that, if enacted, would become the first major legislation on gun safety since 1994.

The legislation does not restrict any rights of existing gun owners — a nonstarter for Senate Republicans. Instead, it would enhance background checks for gun purchasers younger than 21; make it easier to remove guns from people threatening to kill themselves or others, as well as people who have committed domestic violence; clarify who needs to register as a federal firearms dealer; and crack down on illegal gun trafficking, including so-called straw purchases, which occur when the actual buyer of a firearm uses another person to execute the paperwork to buy on their behalf.

The legislation includes $11 billion for mental health services and $2 billion for community-based antiviolence programs. It also includes money to help young people access mental health services via telemedicine, money for more school-based mental health centers and support for suicide hotlines.

Republican John Cornyn, the senior senator from Texas, who was formally rebuked by the Republican Party of Texas on Saturday evening for taking part in the bipartisan negotiations, said he felt confident that senators would see the deal as a reasonable compromise. If it holds up, that would itself be an extraordinary achievement after years in which mass shootings have devastated American communities with numbing reality.

“This is an issue that divides much of the country, depending on where you live, and maybe divides people living in the same household. But I think we have found some areas where there’s space for compromise and we’ve also found that there are some red lines and no middle ground,” Cornyn said on the floor of the Senate. “We’ve talked, we’ve debated, we’ve disagreed and finally we’ve reached an agreement among the four of us but obviously this is not something that is going to become law or fail to become law because of a small group of senators. The truth is we had a larger group of 20 senators, 10 Republicans and 10 Democrats, come together and sign on to an agreed set of principles, and I believe that as the senators see the text that supports those principles, they will see we’ve tried our best to be true to what those agreed principles should be.”

See here for the previous update, and here for a copy of the bill. It still has to pass the House, but I expect that will happen. This bill started out as modest and got watered down further – I mean seriously, we couldn’t just raise the minimum age for buying gun to the same as it is for buying a beer? – and yet it’s the first real advance in a long time. It remains the definition of “better than nothing”, but we’re so used to nothing it feels like more.

To be sure, there are issues.

There’s still a fundamental problem on the Democrats’ part in getting here: They ceded to Republican arguments that the problem is mental health and school safety and not simply the fact that the country is awash in deadly weapons. The extra funding in the bill for mental health support is a good thing, but a good thing that could have been achieved through Medicaid expansion to the hold-out states without pushing the myth that mental illness is intrinsically tied to violence and further stigmatizing it. It accepts school massacres as inevitable by beefing up school security—which does not make Black and brown students safer, since they’re often targets of abuse from cops at school—and creating programs for trauma support in schools for after the attacks occur.

There are some improvements, though none is without a downside. It enhances background checks for 18 to 21 year olds seeking to buy assault weapons. That imposes a waiting period on them from three to 10 days,  which could prevent some impulse massacres. But that provision sunsets in 10 years, ending in 2032.

The bill includes $750 million that could help states that don’t have red flag or crisis intervention laws implement them. These laws allow for courts to order weapons removed from people determined to be a danger to themselves or others. The grant money, however, is in the form of Byrne JAG grants and can be used for a variety of law enforcement and judicial programs, including mental heath courts, drug courts, and veteran courts. This is a win for Republicans whose states don’t have and won’t pass red flag laws. They want their states to still be able to access the money, so other “crisis intervention” programs will receive it and guns don’t necessarily have to be removed from people in crisis.

The loophole that allows dating partners convicted of domestic violence to keep their guns is partially closed. Current law only bars individuals who have committed violence against a spouse, live-in partner, or someone with whom they share children from owning guns. The ban has been expanded to anyone convicted of domestic violence against someone they have a “continuing serious relationship of a romantic or intimate nature” with, including “recent former” dating partners. It does not stipulate what “recent” means. It is not retroactive, so survivors from past attacks can’t petition to have their abuser’s weapons taken away. It also allows people convicted of misdemeanor domestic violence to get their guns back in five years if they don’t commit other crimes.

The National Domestic Violence Hotline calls it “partially closing” the loophole, and a “significant step,” but advocates warn that there’s still a loophole in the “recent” language. “He doesn’t need to be ‘recent’ to cause harm,” Susan B. Sorenson, a University of Pennsylvania professor who studies family violence, told The Washington Post. “Feelings, not all of them positive, live on long after a relationship has ended.”

One of the more significant parts of this bill just flat won’t mean anything in a lot of states.

But even if it passes, federal funding for the bill’s most-discussed provision is unlikely to persuade many of the 30 states that don’t have red flag laws—most of them Republican-led—to adopt them. Some of these states have repeatedly voted down red flag legislation; at least one has formally outlawed their implementation. This means the federal gun control bill, aimed at reining in the epidemic of mass shootings, could have limited impact in a large swath of the country.

[…]

In a deadlocked Congress that has struggled to pass bills to keep kids fed and local governments running, the Uvalde shooting spurred momentum for this package to come together, though it falls short of many Democrats’ goals. The House, with its stronger Democratic majority, was able to pass a slate of gun control measures immediately after the Texas shooting that would have blocked semiautomatic rifle sales to people under the age of 21, created stricter gun storage regulations, and outlawed the sale of magazines holding more than 15 rounds of ammunition. That package stood no chance in the evenly divided Senate, where most bills have to garner the support of at least 60 senators because of the filibuster. An idea to create a national red flag law emerged in the hours immediately following the Uvalde shooting, but Democratic lawmakers saw both logistical challenges to that proposal and political ones.

Thus, optional funding for states to create their own red flag laws seemed like the safest bet to get anything across the finish line with Republicans wary of taking any action on guns, lest they lose their re-elections. Tellingly, several of the GOP senators in the bipartisan Uvalde-response contingent are retiring.

But while the incentive money could be used to help states that already have red flag laws, half a dozen state lawmakers and experts tell Mother Jones it is unlikely federal funding will persuade states that don’t already have red flag laws to create them.

This includes the state where tragedy prompted the bipartisan legislative framework in the first place: Texas. “I don’t believe any federal requirements or incentive would get Texas to move on this,” says Texas state Rep. Diego Bernal, a Democrat in favor of stricter gun control.

He draws a comparison to Texas, joined by 11 other historically red states, opting not to take federal funds in order to expand Medicaid healthcare access to more poor residents: “If we’re not willing to take tremendous amounts of federal money, at no expense to us, in order to insure our uninsured residents, then I don’t see any daylight for financial incentives to get us to adopt a red flag law.”

I haven’t seen any discussion of what kind of legal challenges might get filed against this bill, assuming it does pass as now I believe it will. You know the NRA, which opposes the Cornyn/Murphy bill, will not sit quietly, and there are plenty of wingnut Attorneys General and Trump judges out there. That’s an issue for another day, I suppose. For now, be glad we got what we got, and let’s keep working to make it possible to get more in the future. The Chron has more.

Cuellar officially wins CD28 runoff

All over now.

Rep. Henry Cuellar

A recount has confirmed U.S. Rep. Henry Cuellar, D-Laredo, as the winner of his hard-fought primary runoff, according to the Texas Democratic Party.

The recount wrapped up Tuesday, and Cuellar picked up eight votes, defeating progressive challenger Jessica Cisneros by 289 votes overall, the party said.

“As I said on election night, ‘the margin will hold’- and it has not only held but grown,” Cuellar said in a statement earlier Tuesday. “I am proud to be your Democratic nominee for the 28th District of Texas.”

Cisneros conceded in a statement, saying she will “keep fighting to create a more progressive and accountable Democratic Party this year and work to turn Texas blue in November.”

Cuellar’s Democratic primary runoff was one of two in South Texas that had gone to recounts. In the other runoff, for the open seat in the 15th Congressional District, Michelle Vallejo remained the winner after a recount wrapped up last week.

Cuellar led Cisneros by 177 votes after election night nearly a month ago. His lead grew to 281 votes by the time the final ballots were counted.

Cuellar had repeatedly declared victory, starting on election night, and dismissed the notion that a recount would change the outcome.

See here for the previous update, and here for the TDP statement. Not much to add, so let’s get on with it for November.

Texas blog roundup for the week of June 20

The Texas Progressive Alliance would like to see a whole lot of arrests follow the January 6 hearings as it brings you this week’s roundup.

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