Off the Kuff Rotating Header Image

Don Willett

Trump nominates two to the Fifth Circuit

This is why Republicans put aside their doubts to vote for Trump, and it’s why they stick with him. This is the prize they kept their eyes on, and it’s paying off for them bigtime.

Don Willett

President Donald Trump on Thursday said he is nominating two Texans to the 5th U.S. Circuit Court of Appeals: Texas Supreme Court Justice Don Willett and Dallas attorney James Ho.

“Both of these gentlemen, I think, will do an outstanding job,” U.S. Sen. John Cornyn, R-Texas, said during a conference call with reporters.

They would need to be confirmed by the Senate.

Willett, a well-known Twitter user, has served on the state Supreme Court since 2005. During the 2016 presidential race, Trump had named Willett as a potential choice for the U.S. Supreme Court.

Ho is the former solicitor general of Texas. He has also served as chief counsel for Cornyn.

[…]

Even after Thursday’s announcements, Trump has a host of vacancies left to fill in Texas. He has yet to fill two U.S. attorney positions, including the post in the Southern District, which is the busiest in the country. Lt. Gov. Dan Patrick’s son Ryan Patrick is rumored to be the president’s choice for that post.

Trump also has six federal district court seats to fill, several of which have been classified as judicial emergencies. One of those seats has been open since 2011.

Neil Gorsuch gets all the attention as a tainted selection that resulted from extreme partisan obstruction, but don’t overlook all those district court and appellate court positions that have been open for years, with our two Senators refusing to allow any Obama nominations to be considered, let alone voted on. Willett and Ho are the beneficiaries of this from a professional standpoint, but one young and reliably conservative guy in a robe is as good as any other. This isn’t about qualifications – Willett and Ho are perfectly credible choices – it’s about opportunity, and about partisan cohesion. Don Willett and James Ho will be affecting public policy way longer than Donald Trump will. The Chron has more.

As I said, Willett and Ho are qualified to be judges – they’re not who I’d pick, but they fall within accepted norms for the job. Some nominees do not, but it’s going to take recognition of that in the right places to keep them out.

Texas U.S. Sen. John Cornyn raised fresh doubts Thursday about the White House nomination of assistant state Attorney General Jeff Mateer to be a federal judge in Texas.

Mateer, in a pair of speeches in 2015, reportedly referred to the rights of transgender children as part of “Satan’s plan” and defended the controversial practice of “conversion therapy” for gays.

Cornyn, commenting publicly for the first time since Mateer’s speeches were unearthed this month by CNN, said the speeches apparently were not disclosed to him as they should have been under a screening process set up by him and Sen. Ted Cruz.

“We requested that sort of information about speeches and the like on his application,” said Cornyn, the No. 2 Republican in the Senate. “And to my knowledge there was no information given about those, so it’s fair to say I was surprised.”

[…]

Cornyn said Thursday that he is reevaluating Mateer’s nomination in light of the undisclosed speeches as well as other public utterances.

“I am evaluating that information, and I understand there may be even addition information other than that which has previously been disclosed,” he said in a conference call with Texas reporters.

Cornyn, formerly a Texas Supreme Court Justice, said there should be no “religious test” for judges. “But it is important,” he added, “that all of our judges be people who can administer equal justice under the law and can separate their personal views from their duties as a judge.”

He added: “Because the information had not been previously disclosed, we were not able to have that kind of conversation with Mr. Mateer, so we’ve got some work to do.”

Ted Cruz, of course, has no such qualms, because he’s Ted Cruz. Note that Cornyn has left himself a lot of wiggle room here. His primary concern here is that Mateer may have more such, let’s say “intemperate”, remarks in his past that he hasn’t told the likes of Cornyn about. Big John can handle a little gay-bashing, but he doesn’t like to be surprised. As long as Mateer makes a few perfunctory statements about how of course he believes in equal justice for all and would never ever ever treat anyone unfairly in his courtroom, and as long as no more embarrassing video turns up, Cornyn will be happy to support him. Eyes on the prize, you know.

On succeeding, and defending, Ken Paxton

Ross Ramsay:

Best mugshot ever

While Ken Paxton fights to avoid convictions and jail time on indictments alleging securities violations — and to keep his job as Texas attorney general — a muted and unofficial conversation about who will succeed him is already underway.

[…]

That considerable legal predicament opens the conversation about whether Paxton can survive politically. Any felony conviction, whether it involves prison or not, would cost him his law license and probably whatever remains of his term. And that could set up an appointment of his successor by Gov. Greg Abbott — his predecessor as attorney general.

That leads to this: There is a political fluster underway that most people know nothing about.

Names of possible Paxton successors are floating around in Republican circles: Supreme Court Justices Don Willett and Eva Guzman; former Chief Justice Wallace Jefferson; current and former first assistants to the AG Chip Roy and Daniel Hodge; [Dan] Branch and [Barry] Smitherman, the two also-rans in last year’s Republican primary. It goes on, picking up Education Commissioner Michael Williams and state Rep. Jason Villalba of Dallas.

The people in the preceding paragraph have a few things in common. They are Republicans. They are lawyers. They are not openly campaigning for Paxton’s job. Some support Paxton and hope he emerges without a mark. And they make up a pretty good list of viable candidates for state office, whether it turns out to be this one or something in the future. They’re from different parts of the GOP, and the infighting, should an opening occur, could be fierce.

I hope Paxton digs his heels in deep and hangs on to run for re-election even if he’s been convicted. What does he care what a bunch of insiders and establishment figures think about his “effectiveness” or “ability to govern?” They’re not the ones who elected him in the first place, and they’re not the ones who are steadfastly supporting him against all comers and all evidence. Scott Braddock explains.

Employees of Tim Dunn’s Empower Texans, a self-proclaimed conservative group, have tried to make the case that Texas House Speaker Joe Straus is somehow to blame for the legal problems Paxton now faces.

As Quorum Report publisher Harvey Kronberg has pointed out, this alleged swindling of investors amounts to the same kind of shenanigans that helped give rise to the Tea Party in the first place back in 2008 following the collapse of Lehman Brothers and the subsequent Wall Street bailouts.

What’s gotten less attention is the company at the heart of the Paxton indictment, Servergy, received government economic incentives that are strongly opposed by Sen. Konni Burton, R-Colleyville, and others who claim to be as conservative as they come.

Sen. Ted Cruz – one of Paxton’s biggest supporters and the man who more than anyone put his political capital behind him in the GOP primary runoff against Rep. Dan Branch – regularly rails against government interference in the marketplace.

In his crusade against the Export-Import Bank, a top priority of many Texas employers, Cruz has called the Republican Senate Majority Leader Mitch McConnell a liar and has repeatedly used the word “cartel” to describe lobbyists who represent job creators in his home state and elsewhere.

At the time Paxton was rounding up investors for Servergy, allegedly without disclosing his financial interest in the firm, the company was getting government incentives to move to his hometown. Among the details of Paxton’s situation is the fact that Servergy received rental assistance from the City of McKinney so that it could relocate to North Texas from California.

[…]

Many of those same folks in the business community are understandably unaware of the way in which scorecards created and promoted by Empower Texans are reverse-engineered with the goal of aiding GOP politicians who have been adversarial toward Speaker Straus. Sen. Burton and AG Paxton have been beneficiaries of those tactics.

Paxton was also the recipient of at least $1.4 million in Empower Texans political money in the form of a $1 million loan and $400,000 cash as he ran for the Republican nomination.

As far as we know, Paxton is the only one of their allies who possibly gained from government economic incentives that went to a company from which he stood to profit financially.

If consistency or conservatism were the priorities of Dunn, his spokesman Michael Quinn Sullivan, and Sen. Burton they would likely be among the loudest critics of Servergy’s rental assistance.

But the name of the game for this particular cartel is control, not consistency.

Indeed, and that’s why I think any talk of who might succeed Ken Paxton is premature. Paxton knows where his bread is buttered. Until that support dries up, or until the voters actually do boot him out, I don’t believe he’s going anywhere.