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November 5th, 2022:

The Ken Paxton problem is bigger than Ken Paxton

It’s that there’s just no accountability, barring the election result we’re all desperately hoping for.

Best mugshot ever

In the wake of the 2020 presidential election, Republican officials around the country have been giving increasing attention and resources to investigating election crimes. Most have focused on the alleged wrongdoing of voters.

But Texas Attorney General Ken Paxton is also working a different angle: His office has been criminally investigating the people who help run elections.

Over the past two years, Paxton’s office opened at least 10 investigations into alleged crimes by election workers, a more extensive effort than previously known, according to records obtained by ProPublica. One of his probes was spurred by a complaint from a county GOP chair, who lost her reelection bid in a landslide. She then refused to certify the results, citing “an active investigation” by the attorney general.

In at least two of the cases, Paxton’s office unsuccessfully tried to indict election workers, attempts that were first reported by the Austin American-Statesman. In the remaining eight investigations identified by ProPublica, it is unclear just how far the probes went. As of mid-October, none of the cases resulted in criminal charges.

The story covers the ordeals of Dana DeBeauvoir and Rob Icsezen, both of whom Paxton tried to indict for incidents that any unbiased observer would have taken to be at worst honest misunderstandings. He even pursued those charges in neighboring Republican counties instead of the counties where the “crime” allegedly happened. Put aside for the moment the mess and dysfunction going on in that office, and the alleged criminality of Paxton himself. The office of Attorney General is traditionally one that pursues civil cases, not criminal ones, yet the guy in charge is off pursuing quixotic political indictments while letting human traffickers go free because they can’t keep track of witnesses. I’m old enough to remember when that sort of thing would have been a huge scandal, the kid of screwup that might force an official to resign because they had lost the faith of the public.

Not anymore, though. Short of it becoming a national story, there’s no way to focus enough attention on that kind of scandal to make it become an issue for anyone but the most plugged-in news-watcher. Republican voters don’t care, and neither do Greg Abbott or Dan Patrick or the Republicans in the Legislature, who at least nominally have some oversight of the Attorney General. At this point, Ken Paxton could murder someone on Sixth Street, and I doubt more than a handful of Republican legislators would call for him to step down. The only way that this Legislature will become interested in that oversight role will be if Rochelle Garza wins, at which point they’ll become very invested in having a say over what the AG does and does not do. Ken Paxton is what happens when people with power believe, with complete justification, that they can act with impunity.

Army Corps ordered to pay $550K to reservoir flooding victims

This could turn into a lot more if it is upheld.

More than five years after their homes and businesses were flooded, residents above the Addicks and Barker dams are learning how much money the federal government owes them for damage from Houston’s overflowing reservoirs.

A federal judge last week ruled that the owners of six upstream properties flooded during Hurricane Harvey should collectively receive nearly $550,000. The six were chosen — jointly by Justice Department lawyers and attorneys for hundreds of property owners — as test cases in a massive case initiated just moths after the historic deluge.

The decision could open the door to thousands more judgments for property owners and could result in the government paying out tens of millions more dollars, attorneys for the flooded residents said Wednesday.

The case falls under a special jurisdiction that oversees so called “takings” cases, involving allegations the government temporarily took control of private land for a legitimate purpose. If the court’s ruling survives anticipated appeals by the Justice Department, it could become the largest government takings case in U.S. history, according to attorneys representing property owners.

A ruling is still pending for separate group of residents and business owners whose properties flooded when the U.S. Army Corps of Engineers opened the Addicks and Barker floodgates. The downstream property owners saw their claims dismissed in 2020, but in June a federal appeals court reversed the dismissal and remanded it to the lower court for further proceedings.

[…]

After the storm, more than 1,600 businesses and homeowners sued the Army Corps in the specialized U.S. Court of Federal Claims in Washington, D.C., contending the government intentionally planned for the reservoirs to flood their land. In 2019, U.S. Judge Charles F. Lettow ruled government officials had knowingly and intentionally used private property to store rising floodwaters.

Then, in separate hearings, Lettow set about assessing how much money these property owners were owed. On Oct. 28, Lettow ruled on damages, laying out explicitly how much some property owners were owed for decreases in their property values, the damage or destruction of their personal property and the costs of being displaced by the floods.

“The plaintiffs are entitled to just compensation for the permanent flowage easement the government took through its construction, maintenance, and operation of the Addicks and Barker Dams,” Lettow wrote.

The six property owners included homeowners and owners of rental properties. The decision in these test cases will trigger a process for Lettow to assess how much compensation property owners might be owed in thousands of other complaints. If Lettow’s standard is applied to all the upstream homes and businesses believed to be flooded, the total compensation would top $1 billion, according to Daniel Charest, a lead attorney for the upstream plaintiffs.

Charest said he expected the Department of Justice to file an appeal within the next 60 days and will likely challenge property owners’ rights to damages.

See here for the previous update, and here for more on the other lawsuit. I have no idea what will happen with this on appeal, but note that we are five full years out from Hurricane Harvey, and the appellate process hasn’t actually started yet. Settle in the the long haul, is what I’m saying.

Beware of RSV

Worrying.

Two common respiratory viruses continue to keep Houston pediatric hospitals unusually busy this time of year, with both the flu and RSV seeing a second surge following a rise in cases over the spring and summer, respectively.

Before the COVID-19 pandemic, children sickened with either illness flocked to hospitals later in the winter months, from November to January. But intense isolation, social distancing and masking appears to have changed when those viruses spread, experts say, with a swath of young children being exposed for the first time.

It’s also unusual to see both viruses surging twice in the same year, puzzling top pediatric doctors in Houston.

“I was not necessarily expecting a surge right now,” said Dr. Michael Chang, a pediatric infectious disease specialist at UTHealth and Children’s Memorial Hermann Hospital. “Having had a summer (RSV) surge, I was expecting that was it. It’s very unusual to have two surges in a single season. It happens, rarely, but it’s very uncommon.”

Both RSV, or respiratory syncytial virus, and the flu have similar symptoms with slight differences. Both illnesses produce cold-like symptoms. The flu is more associated with a higher fever, while a key indicator of RSV is wheezing, according to the Cleveland Clinic. Nearly all children catch RSV before age 2. Both illnesses often do not require hospitalization, but young infants and older adults with compromised immune systems are at higher risk of severe illness from RSV.

RSV saw a massive spike last summer, and Chang and other pediatric doctors had warned of another summer surge this year. But when cases initially started to rise in June, the numbers never dropped back to baseline levels. The statewide positivity rate for antigen tests hovered around 10 percent until September and early October, when the positivity rate jumped again to more than 25 percent, according to the Texas Department of State Health Services.  Last summer, the statewide positivity rate for antigen tests surpassed 30 percent.

[…]

Influenza A, one strain of the flu, also is on the rise after an increase in March and April. Houston Methodist’s respiratory pathogen data shows the hospital system is seeing year-long high in weekly cases with 656.

Despite the unusual pattern, parents of young children in the Houston area should not panic, doctors say. While national reports indicate record high patient volumes in some parts of the country, Houston is better equipped than other large cities to handle the surge, with two large pediatric hospitals in Texas Children’s and Children’s Memorial Hermann. The dual virus threat also is nothing new for pediatricians, as the flu and RSV season often overlapped before the pandemic.

“This is how every December and January used to be in children’s hospitals across the country,” Chang said.

COVID cases remain low in the Houston area. While some hospitals may hit capacity on busier days, and patients may encounter long wait times, the small percentage of RSV and flu patients who need hospitalization should be able to find beds, doctors say. Dr. James Versalovic, chief pathologist at Texas Children’s Hospital, said parents should consult with pediatricians if their children have persistent symptoms, including coughing, fever, poor feeding or rapid breathing. Virtual appointments are also available if area hospitals are strained.

It’s not just happening in Harris County, either. It’s having some negative effects.

With respiratory illnesses spreading among children more widely and earlier than in previous years, hospital leaders and medical experts say pediatric hospital beds across the state are in short supply.

After two years of mild flu seasons — a result of mitigation strategies to limit the spread of COVID-19 — medical experts say the number of children developing respiratory illnesses is already much higher this year, leading to more visits to health care centers and increasingly strained resources to treat those children.

Experts say the strain stems from overburdened hospital systems still reeling from the impact of the COVID-19 pandemic and a shortage of medical providers.

Dr. Gerald Stagg, a pediatrician working in Mount Pleasant, said cases of respiratory syncytial virus, known as RSV, and an earlier flu season have added pressure to hospital systems on top of other respiratory illnesses caused by COVID-19 and other viruses.

“I’ve been doing this for 42 years and I’ve never seen anything quite like it,” Stagg said of the number of children needing treatment for respiratory illnesses this year.

With the higher rates of respiratory illnesses, Stagg said not only are hospitals filling up, but clinics like his are having trouble keeping up with the huge uptick in visits from children with the flu.

Stagg said it’s become more difficult over the last two months to find beds in larger medical systems for sick children who require higher levels of care than what rural hospitals are able to provide.

“We’ve had to even send kids to Arkansas or Louisiana from our Texas facility because we couldn’t find a bed,” Stagg said.

He added that the shortage of hospital beds is a risk to children with serious illnesses that are not respiratory because there isn’t sufficient space in intensive care units for them.

Carrie Kroll, the vice president of advocacy, public policy and political strategy at the Texas Hospital Association, said the shortage of pediatric beds is a workforce issue. Hospital systems are still dealing with staffing shortages after droves of nurses and other hospital workers, suffering from pandemic-related burnout, retired or left the field.

“A bed is a bed. If it doesn’t have anyone to staff it, you can’t put a kid in it,” Kroll said.

[…]

Dr. Iván Meléndez, the Hidalgo County health authority, said his region has enough beds and resources to meet the needs of the community at the moment.

Meléndez did warn that this year could have significantly more cases of the flu than previous ones. Federal health data released Friday reported 880,000 cases of influenza and 360 flu-related deaths nationally. The last time the country saw similar rates of the flu was in 2009. And flu season has just started; it generally spans from October to May.

Earlier this month, Hidalgo County reported one of the first deaths of a child due to the flu this season.

“We’re thinking this may be the third since the turn of the century of being a ‘high-flu’ year,” Meléndez said.

He said the prevalence of the flu this year is an unintended consequence of masking and isolating during the COVID-19 pandemic.

“As a community, worldwide, we didn’t develop those antibodies that are usually present in the community at some level to protect people,” he said.

To address the surge of respiratory illnesses, Meléndez and other medical experts strongly recommended vaccinations against the flu and COVID-19.

Sure would be nice if we had a governor that was capable of delivering that message. There’s no vaccine for RSV, but the flu shot and the bivalent booster are easily available, so do what you can to protect yourself. Your Local Epidemiologist has more.

Gonzaga looking at the Big XII

The first real conference move by a non-football school is being discussed.

Conference realignment chatter for months has centered mainly around college football.

That hasn’t stopped Gonzaga from being proactive behind the scenes in discussions with at least three power conferences.

ESPN’s Pete Thamel reported Wednesday that Gonzaga Athletic Director Chris Standiford met with Big 12 Commissioner Brett Yormark in the Dallas area last week about the possibility of joining the conference. The Zags were in town to face Tennessee in an exhibition game.

The Zags also have been in contact with the Big East and Pac-12.

The Big 12 is regarded by many as the best men’s basketball conference in the nation. The Big 12 has produced the past two national champions. Kansas won the title last season and Baylor captured the 2021 crown with an 86-70 win over Gonzaga.

There is interest in the Zags with the program’s rise to national prominence and its streak of 23 straight NCAA tournament appearances. Gonzaga has made the Sweet 16 in seven consecutive tournaments and lost in the 2017 and 2021 NCAA championship games.

Gonzaga, which joined the West Coast Conference in 1979, has won or shared the conference regular-season title for 10 straight seasons.

“I would say we’ve had contact through intermediaries or otherwise that are measuring interest,” Standiford said last week about Pac-12 and Big East, before the Big 12’s interest was known.

Standiford called those talks “exploratory.”

“We talk to a lot of people because it’s such a dynamic time,” Standiford said. “There’s so many different elements in college sports that everybody’s trying to figure out what the ecosystem is going to look like through these TV contract changes.

“So they’re not substantive conversations about anything other than measuring interest, what do you see the interest being, and a lot of them are value conversations when it comes to Gonzaga. We like to understand what are the things that other people value and make sure that aligns with us and the experience we want for our students. I think it’s a very dynamic time.”

Yormark, hired as Big 12 commissioner in late June, has stated the conference is exploring expansion options and has interest in the Pacific time zone. The conference, which is losing Texas and Oklahoma to the SEC, is set to add BYU, Houston, Central Florida and Cincinnati.

“I can’t speak for (other conferences),” Standiford said, “but I can tell you at this point and time we believe we have an amazing product, an amazing opportunity to really innovate and be different in the college landscape, and have it be more than just football.

See here for the latest on the state of the Big XII, and here for more on the PAC 12, which would make a lot more geographic sense for Gonzaga but which isn’t as strong in basketball. The reporting I’ve seen indicates that all of Gonzaga’s sports teams would move along with the men’s hoops team – the Zags’ women’s basketball team has been a regular in the NCAA tournament as well – but I’ve not seen any mention of whether they would revive their football team, which last played in 1941, or not. ESPN has more.