A liberal advocacy group on Monday asked the Texas Rangers to investigate whether Agriculture Commissioner Sid Miller used taxpayer money to fly to Oklahoma to get an injection known as “the Jesus Shot” that is supposed to cure all pain for life.
The group, Progress Texas, filed a two-page complaint alleging Miller intentionally abused his office in February of 2015 by using at least $1,120 in public money for private gain.
Abuse of office involving using that amount of money for private gain is a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine.
“Politicians like Sid Miller using their office to benefit themselves is inexcusable,” said Lucy Stein, advocacy director for the group. “These guys think that they’re above the law, and they aren’t.”
The complaint stems from a Houston Chronicle article published last week that raised questions about the February 2015 trip, which Miller took to Oklahoma City with a top aide, billing the taxpayers at least $1,120.
Monday’s action marks the first criminal complaint against Miller.
It also is among the first complaint of its kind to be filed with the Texas Rangers, which was given authority during last year’s legislative session to probe allegations of misconduct by state elected officials and employees. The move took that power away from the Public Integrity Unit in the Travis County District Attorney’s Office, which was accused by Republicans of initiating cases for political reasons.
Stein said she had trouble figuring out who to contact with her complaint and was referred to multiple employees within the Texas Department of Public Safety.
“It’s very complicated now — nobody knows what they’re doing,” said Stein, who worried that the process could scare off some Texans with fewer resources. “It shouldn’t be so hard for an ordinary citizen to file a complaint against a statewide elected official.”
Stein said she had been told that the Rangers were “reviewing” the complaint.
See here for the background. This will be an interesting test of that new procedure, as defined by the Lege last year. Among other things, if the Rangers decide there’s enough evidence to hand off to a prosecutor, that would presumably mean giving it to the District Attorney of Erath County, where Miller attends church and hung his hat as State Rep in HD59. Here’s Sen. Kirk Watson, in the comments to an RG Ratcliife post on Facebook, explaining the details:
Of course the answer is a little complicated because of the way the bill (HB 1690) was drafted.
HB 1690 says “venue … IS the county in which the defendant resided at the time the offense was committed.” However, then the bill defines residence for 4 categories of people: legislators, members of the executive branch, certain judges, and everyone else. For members of the executive branch, residence is defined as the county where the person “claimed to be a resident before being subject to residency requirements under Article IV, Texas Constitution.” (That’s the former requirement that certain executive offices must reside in Travis county.) The Ag. Commissioner used to be subject to the residency requirement since he’s elected statewide (see SJR 52).
So, piecing it all together, I think he can only be prosecuted where he claimed to be a resident before he was elected Ag. Commissioner. The bill doesn’t provide any guidance re: what constitutes claiming to be a resident.
This is the PIU bill not any “ethics” bill that was vetoed. Remember a key problem with what was being done was that they were creating a special class of defendants. Instead of trying a person (ever other person) in the place where the crime is committed, they create a special class of people that can and will be tried in some place other than where the crime is committed. The place they claim residency.
Got all that? This presumes, of course, that the Erath County DA would not be conflicted up the wazoo and have to recuse himself a la the Collin County DA and Ken Paxton. In which case we’d have yet another special prosecutor prosecuting yet another elected Republican. Isn’t this fun? I’m getting ahead of myself here – we don’t even know what the Rangers are going to do with this just yet – but keep that in your back pocket for future contemplation.
One more thing: Ross Ramsay wrote that for now, the lack of two-party competitiveness in Texas means that all this is water of Sid Miller’s back, at least until a grand jury returns an indictment and/or he draws a primary challenger. I’ve seen more than one lament, on Facebook and elsewhere, about how pathetic the Democrats must be for us to be in this situation. Well, the simple fact is that there are more Rs than Ds in Texas right now. There are things that may change that, in the long term and the short term, one of which I have noted is for more than a few Rs to become fed up with their party, or at least a few specific members of it, and refuse to support them any more. Dirty elected officials, and the colleagues who apparently have not problem with them, are a possible reason why they may do this. Perhaps that effect will be noticeable in 2018, and perhaps it will not. For now, it’s all a matter of numbers. As with most things in politics, things are they way they are until all of a sudden they’re not. Trail Blazers has more.