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Steve McCraw

DPS’ intel gathering

Should be interesting. And necessary.

State and federal officials in Texas have started monitoring racist and incendiary rhetoric online, such as that alleged to have been used by the suspect in the El Paso mass shooting, in the hopes of preventing violent attacks in the future.

Texas Department of Public Safety Director Steve McCraw told a select House committee on mass violence prevention Tuesday that officials at so-called fusion centers — multi-agency intelligence centers throughout the state — had not previously done that work, in part because of the public’s concerns about privacy.

“We know that if we can proactively find those individuals before an event, we have a better chance of getting an opportunity to prevent it from happening,” McCraw said. “It takes professional analysts around-the-clock to do it.”

[…]

Though the online hate monitoring still is in beginning phases, McCraw said officials will be tracking groups from neo-Nazis to incels — self-described involuntary celibates known to commit acts of violence.

Law enforcement is also infiltrating online forums like 8chan where the suspect in the El Paso slaughter allegedly posted a manifesto prior to the attack.

“All of those groups, obviously when there’s individuals that start talking about something that raises a concern, a threat, we should be able to move on it,” McCraw said.

McCraw said the centers will need more resources in the future to not only identify such individuals but also follow up and vet them.

This is what a responsible law enforcement agency should be doing. The threat is real, and the best defense is knowledge of what’s happening. Obviously, any time law enforcement gets involved in intelligence gathering there is the potential for innocent people to be put under suspicion, especially people of color. There will be pressure to view things through a political lens, which in this state is more likely to be bad for those who lean progressive. Strong oversight from the Lege is needed, but we should be prepared for negative effects regardless. Be that as it may, this is still necessary. I hope DPS is up to the task.

Of course some voters were removed by that bogus SOS advisory

No one should be surprised by this.

Still the only voter ID anyone should need

Fourteen Texas voters caught up in the secretary of state’s botched review of the voter rolls for supposed noncitizens had their registrations canceled but have since been reinstated, state officials told a federal judge Friday.

The Texas Attorney General’s Office informed the San Antonio court judge as part of the ongoing litigation over the state’s error-riddled review, through which almost 100,000 individuals were marked as possible noncitizens. Seven counties marked the voting registration of 14 individuals as canceled because the voters had failed to respond to letters that demanded they prove their citizenship.

Counties were canceling voters’ registrations as recently as Wednesday — well after federal District Judge Fred Biery halted the review effort on Feb. 27 and ordered local officials to hold off on removing any voters from the voter rolls without his approval.

The cancellations affected voters in Coke, DeWitt, Matagorda, Montague, Victoria, Willacy and Zavala counties.

In some cases, voters hit the 30-day deadline they were given to provide their local voter registrar with proof that they are U.S. citizens and therefore eligible to vote, according to a review by the secretary of state’s office. Two voters in DeWitt County were canceled on Feb. 4 before the end of that 30-day period because their notices were returned as undeliverable. In Willacy County, officials “mistakenly” removed an individual from the voter rolls on Feb. 20 before the end of that period.

See here for some background. You may say, it’s only fourteen voters and they’ve all been reinstated, so what’s the harm? I say none of this should have happened in the first place, and the fact that it did shows that when all is said and done there will remain a substantial risk of valid registered voters being disenfranchised despite having done nothing wrong. Our state leaders are dedicated to the point of zealotry to their self-appointed mission of ensuring that no illegal votes ever get cast. Should they not be equally concerned about illegal removals from the voter rolls?

I don’t care what Steve McCraw says, the bottom line is this is the Secretary of State’s fault. David Whitley set this ball in motion, and every resulting screwup is on him. All of us deserve a Secretary of State with a much higher level of basic competence than what Whitley has demonstrated.

Still a “no” on Whitley

As it should be.

Still the only voter ID anyone should need

Senate Democrats still pledge to block the confirmation of embattled Secretary of State David Whitley, even as a top Texas law enforcement official is taking blame for major errors in a list of suspected non-citizen voters.

“I take full responsibility as the leader of the Department of Public Safety,” Steven McCraw told the Senate Criminal Justice Committee this week. Had the department assigned a “senior level person” to the project, he said, it wouldn’t have turned over bad data that included thousands of people who had already proven their citizenship.

“I can tell you throughout the entire project, the secretary was not involved in any of it because he wasn’t there at the time,” McCraw said.

The mea culpa, however, is being met with skepticism from county election officials, who first identified mistakes in the state list, and from Senate Democrats, who still fault Whitley. He had been on the job about six weeks before launching the attempted purge.

“Ultimately he’s responsible, because he is the secretary of state,” state Sen. Eddie Lucio Jr., D-Brownsville, said Thursday. “I still think he’s a fine gentleman, he just made the wrong decision.”

[…]

Sen. John Whitmire, D-Houston, said McCraw’s statement this week didn’t change his mind.

“I don’t know that changed anybody’s mind,” Whitmire said. “The harm has been done.”

The Democrats’ resistance is a rare show of force from the minority party this early in the legislative session, said Brandon Rottinghaus, a political science professor at the University of Houston. Abbott’s nominees don’t usually meet much pushback from the upper chamber.

“I can’t remember ever having someone this controversial in my 29 years in the Senate,” Lucio said.

See here and here for some background. All due respect to Sen. Lucio, but I’d argue that the David Bradley and Don McLeroy fiascoes were on par with this one. Be that as it may, the Abbott-McCraw blame-passing pas-de-duex doesn’t pass the smell test.

State Elections Director Keith Ingram acknowledged in federal court that the secretary of state’s office knew ahead of time that issue might pose some problems with the list. Some 50,000 people are naturalized each year in Texas.

“I don’t see why DPS is taking responsibility, other than it’s convenient for the Department of Public Safety to take the fall, rather than the secretary of state,” said Special Assistant Harris County Attorney Douglas Ray, who has said DPS data is notoriously unreliable.

Williamson County Elections Administrator Chris Davis questioned why the secretary of state’s office didn’t spot the errors that were quickly evident to county officials.

“The secretary of state had a duty to vet this information,” said Davis, who is president of the Texas Association of Elections Administrators. “So much of this could have been avoided had they done so.”

“I apologize to all of the voters whose citizenship was called into question by this advisory. In our effort to protect the integrity of our voter registration system, my office acted in haste to verify the rolls, and in doing so created unnecessary problems for county officials and many voters. I take responsibility for this, and I promise to take every step to improve and optimize our processes to achieve our goal of ensuring that elections are protected and all eligible citizens have the opportunity to vote.” See how easy that was? If David Whitley had said something like that at the beginning, we wouldn’t be having this discussion now. He’d have been confirmed, and we’d be obsessing about something else. Why hasn’t Whitley taken responsibility for his actions, and why does Greg Abbott insist on coddling him in this fashion?

McCraw falls on his sword

He’s a good company man, I’ll give him that much.

Still the only voter ID anyone should need

After being rebuked by Gov. Greg Abbott for the state’s botched review of the voter rolls, the director of the Texas Department of Public Safety took “full responsibility” Tuesday for providing data to the secretary of state’s office that included thousands of individuals whose citizenship should never have been in question.

Testifying before the Senate Criminal Justice Committee, Steve McCraw offered a mea culpa for the role his agency played in transmitting flawed data to the secretary of state. That data led state officials to mistakenly challenge the eligibility of almost 25,000 registered voters who had already proved their citizenship status to DPS.

McCraw explained that DPS lacked a “senior-level person in position” at the beginning of the review process, which dates back to last March, to help explain the data to other state officials.

“If we had done that, there never would have been U.S. naturalized citizens known to DPS that was provided to the secretary of state that would have gone out through the election process and caused the problems that is causing right now,” McCraw said.

[…]

“I take full responsibility as the leader of the Department of Public Safety, recognizing there’s some complex issues with our data,” McCraw said. “We’re the experts on our data. If we had a senior person in place, I am confident that that would not have happened. I can assure you of that.”

See here for the background. So when McCraw says he takes “full responsibility” for this, does that include consequences? I mean, David Whitley is probably not going to be SOS for much longer. Is McCraw’s eat-a-crap-sandwich testimony the worst thing that happens to him? It could well be.

Gov. Greg Abbott on Wednesday seemed to welcome the head of the Department of Public Safety’s acceptance of blame for a botched rollout of a more rigorous, ongoing search by Texas for possible noncitizen voting.

Abbott said he stands 100 percent behind his nomination of Secretary of State David Whitley, who runs the other agency involved in the ill-fated release of error-filled lists of voters, which has drawn scornful criticism from a federal judge.

Abbott, who twice criticized DPS director Steve McCraw in recent weeks, declined to directly answer a question about whether McCraw’s testimony to a Senate panel on Tuesday has appeased the Republican governor.

Abbott, though, said he has not gone over McCraw’s head to complain to the five-member Public Safety Commission, which hired McCraw and could let him go.

“I’ve not talked to anybody on the board,” Abbott said at a news conference at which the music industry’s collector of license fees for songwriters, Broadcast Music Inc., announced it is opening an Austin office.

That’s it? Not even an “I’m not mad, I’m just disappointed” speech? As consequences go, that’s not very consequential. Of course, if the SOS keeps screwing up on its own, Steve McCraw’s true confessions may not be enough. Anyone else out there wanna do Greg Abbott a solid?

Blaming DPS

Meet your new scapegoat for the SOS non-citizen voter advisory fiasco.

Still the only voter ID anyone should need

Amid the fallout surrounding his administration’s botched review of the voter rolls, Gov. Greg Abbott has picked a side.

Who’s to blame for the state’s mistaken challenge to the voting rights of thousands of Texans? The longtime head of the Department of Public Safety, Steve McCraw.

During a radio interview last week, Abbott slammed McCraw’s department for not “adequately” communicating to the secretary of state that the data at heart of the controversial voter review was “admittedly flawed.” And he specifically passed the blame onto McCraw for “faulty information” that “hamstrung” the state’s review efforts.

Then on Monday, Abbott referred to McCraw’s alleged mistakes as “unacceptable,” describing the review as a mishandled “law enforcement issue.”

It was a striking, two-punch rebuke of a high-ranking state official who has long backed Abbott’s priorities, particularly on security concerns at the Texas-Mexico border. But recent court testimony and documents obtained by The Texas Tribune paint a more complicated picture. In reality, the voter citizenship review was flawed in two major ways.

For one, officials from the Texas secretary of state’s office based their review on data DPS had warned would not be up-to-date. In addition, miscommunication between different state offices led state election officials to misinterpret the citizenship status of 25,000 Texans who had already proved to the state that they were citizens.

But Abbott has downplayed Secretary of State David Whitley’s role in the foul-up as Whitley, a longtime Abbott aide, faces a tough confirmation fight in the Senate that could result in him losing his job. That has left opponents of Whitley’s nomination questioning Abbott’s motivations.

“I think the governor is either misinformed or he’s trying to save his nominee despite what the facts are,” said Chad Dunn, one of the civil rights lawyers suing the state over the constitutionality of the review effort. “I don’t think there’s any evidence to support the governor’s comments.”

You should read on for the details, but this is a pretty good summary. Steve McCraw is a longtime hack and hatchet man, and I’m sure not going to hold anyone back from using him as a punching bag. This is still a remarkable evasion of the facts and defense of a guy who is both clearly beloved by Greg Abbott (warning: you may feel the need to brush your teeth after reading that sticky-sweet profile of Whitley) and in way over his head. At some level, I don’t care whose fault this idiocy was. It’s very clear that the intent was to bulldoze people off of the voter rolls without any concern about accuracy, and it’s equally clear that a similar effort done with more care and deliberation would have been much less controversial. It also would have ended up with a scope of maybe a couple hundred voters, which isn’t going to look nearly as sexy in a Ken Paxton press release. Them’s the breaks.

One more thing:

Texas Secretary of State David Whitley will tell Texas counties they may continue to look into the citizenship statuses of voters on his list of suspected noncitizens, according to an advisory approved by a federal judge Monday.

The advisory, which will be sent to all 254 counties in the state, notifies election offices that they must abide by the Feb. 27 court order that bars them from alerting people on the list that they’re under examination or removing anyone from the rolls without approval from the court and “conclusive” evidence that they’re ineligible.

It also clarifies that the counties may still vet voters on the list as long as they do not directly contact them. If, however, a voter reaches out to a county elections administrator first, the advisory says, then the office may communicate with them.

See here for the background. The effect of this is likely to be a continuing stream of voters being removed from the list of alleged non-citizens. As long as that is all that it is, it’s fine by me.

Senate committee advances Whitley nomination

I’ll take Pointless Wastes of Time for $200, Alex.

Still the only voter ID anyone should need

A Texas Senate committee voted Thursday to advance the nomination of Texas Secretary of State David Whitley — the most forward motion he’s made in weeks in a stalled nomination that faces increasingly steep odds.

After a 4–3 vote along party lines, with all the committee’s Republicans backing Whitley and all Democrats voting against him, Whitley can be considered by the full Senate, where he’d need a two-thirds majority that he doesn’t appear to currently have.

[…]

Whitley, who appeared before the committee three weeks ago for a two-hour grilling over the bungled review effort, had been left pending in committee in its last two hearings even as other nominees sailed through. That seemed to bode poorly for his chances. The governor’s office has continued to back him “100 percent.”

And Gov. Greg Abbott said in a radio interview Thursday morning that he “wouldn’t be surprised” if Democrats change their minds on Whitley.

“We’ve had ongoing conversations with them and we maintain good relationship with them. And so we’ll see how things turn out,” Abbott told Lubbock radio host Chad Hasty. And he defended Whitley’s handling of the bungled probe, saying “secretary of state was relying on data from the Texas Department of Public Safety that was admittedly flawed by DPS, and DPS did not adequately communicate that to the secretary of state.”

“So the secretary of state was hamstrung by faulty information from the Department of Public Safety from the beginning and did not know that, and so the part of the fault goes to Steve McCraw, the director of the Department of Public Safety for causing the error in the first place,” Abbott said.

Don’t forget to blame the counties, too. There’s lots of room under that bus. I understand why Abbott is loyal to his former minion, but there’s gotta be some other party apparatchik with less baggage and more competence who can do this job. I have no idea who Abbott thinks is being wooed here, but in the absence of a real, genuine mea culpa plus a solid plan to get this right and a pledge to oppose any fruit of the poisoned tree bills, I see no reason why any Democratic Senator would give a damn.

UPDATE: Ross Ramsey suggests a way that Whitley could get confirmed: Not having all Senators present at the time his nomination is brought up for a vote, as two thirds of those who do vote are what is needed for confirmation. David Dewhurst tried this trick to pass the voter ID bill a couple of times in 2007, before the two thirds rule was changed to allow voter ID to pass on a simple majority. It’s definitely something to watch out for.

Lawsuit filed over Driver Responsibility Program

This ought to be interesting.

A national civil rights organization on Wednesday sued Gov. Greg Abbott and four top officials at the Texas Department of Public Safety, arguing that the state’s Driver Responsibility Program traps many of Texas’ most vulnerable people in a cycle of debt and hardship.

“This unfair license suspension scheme particularly targets Texas’ most impoverished residents, who are often unaware additional charges are owed under the DRP,” says Phil Telfeyan, lead attorney in the case and executive director of Equal Justice Under Law, the organization behind the lawsuit. “Individuals who cannot pay will often lose their job and their home — becoming homeless — for a minor ticket that wealthier drivers simply pay and forget.”

The 66-page suit is filed against Abbott, DPS Director Steven McCraw, as well as DPS Chairman Steven Mach; Skylor Hearn, DPS’ deputy director of Administration and Services; and Amanda Arriaga, division director of the driver license division. The suit argues the Driver Responsibility Program violates the rights of the its plaintiffs to due process, unfairly impacts the state’s poorest residents, and violates their rights to equal protection under the law.

It is brought on behalf of four plaintiffs, ranging from a 75-year-old San Antonio resident, two U.S. Navy veterans and a man experiencing homelessness after he was unable to find adequate work without a license.

There’s a copy of the lawsuit embedded in the article. Equal Justice Under Law is of course one of the groups that has led the litigation against Harris County’s bail practices, so the state is going to have a real fight on its hands. They have filed similar suits in other states, and you can read their statement about this action here. The original intent of the DRP was to generate revenue for hospital trauma centers, and hospital groups have opposed killing this program on the very rational grounds that the Lege would simply not make up the funding to them if this were cut out. I sympathize with their plight, but there really is no justification for this, and it’s ridiculous that a state like Texas, with good financial resources, can’t help out the trauma centers without imposing an unfair and unequal burden on low income residents. It’s time for the DRP to go, and if the Lege won’t do it, the courts will need to. KUT, which notes that there are bills filed, by Democrats and Republicans, to do away with the DRP, has more.

Fifth Circuit hears immigrant harboring lawsuit appeal

This time it’s the state that’s appealing a lower court ruling.

A federal appeals court in New Orleans heard oral arguments Wednesday about whether a key portion of Texas’ omnibus border security bill is legal.

Lawyers for the state of Texas argued that two landlords, and an immigrant services agency, who sued the state over House Bill 11 had no legal standing to do so. But the plaintiffs say they have every right to sue, and that federal law pre-empts what the state wants to do with the passage of House Bill 11.

The 5th U.S. Circuit Court of Appeals in New Orleans did not say when its three-judge panel might rule. The judges on the panel were E. Grady Jolly, Jerry E. Smith, and Edward C. Prado — all Republican appointees, court records show.

Under a provision of HB 11, which went into effect in September 2015, a person commits a crime if they “encourage or induce a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection.”

In January 2016, the Mexican American Legal Defense and Educational Fund filed a lawsuit in San Antonio against Texas Gov. Greg Abbott, Texas Department of Public Safety Director Steve McCraw and the Texas Public Safety Commission, which oversees the DPS. The lawsuit alleges the state violated the U.S. Constitution’s Supremacy Clause because immigration enforcement is a federal responsibility.

[…]

“I thought the argument went well today,” Nina Perales√, MALDEF’s vice president of litigation, said by email after presenting oral argument for the landlords. She said the judges listened carefully to both sides and asked thoughtful questions.

“Because the statute’s wording is very broad, and doesn’t contain exceptions for landlords and humanitarian workers, we argued to the court that landlords and humanitarian workers can be arrested under this law,” Perales said

See here and here for the background, and this Trib story for a pre-hearing overview. This is familiar ground we’re fighting over, and I expect this one will eventually make its way to SCOTUS. Unlike some other issues that have been fought and re-fought, this is one where the state may not care to push this beyond the current fight, in the belief that Donald Trump will build a glorious wall and make Mexico pay for it spend more federal money on border security. That assumes that they lose this fight, and that Trump is true to his word, both of which remain to be seen. In the meantime, we wait for the Fifth to do what it’s going to do.

More on the Sandra Bland settlement

State Rep. Garnet Coleman is working to implement the reforms mandated by the Sandra Bland lawsuit settlement.

Sandra Bland

House Democrats sparred with state law enforcement officials over questions of racial profiling Tuesday at a sometimes contentious hearing. It was the latest in a series of House County Affairs Committee hearings on policing in advance of the 2017 legislative session. Committee chair Garnet Coleman, a Houston Democrat and veteran lawmaker, has announced he plans to file the Sandra Bland Act, named for the Prairie View A&M University alum who died in the Waller County Jail after a traffic stop in 2015.

“There are solutions to the criminal justice issues that have come up because of Sandra Bland,” Coleman told the Observer, “and they should be on the front burner of the Legislature this coming session.”

Lawmakers heard testimony from the co-author of a 2015 University of North Carolina study on traffic stops that found that black drivers in Texas are 59 percent more likely than white drivers to be searched during Texas Department of Public Safety traffic stops. When state Representative Jonathan Stickland, R-Bedford, asked if researcher Frank Baumgartner was accusing DPS of racial profiling, Baumgartner responded cautiously.

“There is a robust disparity between the likelihood that a white driver and a black driver will be searched even when you control for variables other than race,” he said.

Lawmakers themselves were also reluctant to use the term “racial profiling” during the hearing, due in part to a Texas statute that offers a narrow legal definition of the term.

“The statute needs to be changed,” said Coleman, “because there are disparities that we can’t currently call ‘racial profiling’ that maybe we should be able to.”

DPS director Steve McCraw denied that his agency engages in profiling of any kind, and attributed the racial disparities in Baumgartner’s report to security concerns at the border. The allocation of so many officers to the border to combat “transnational gangs and cartels,” McCraw said, led the statistics to show excessive stops and searches of “minorities.”

Coleman countered that McCraw’s point was irrelevant to Baumgartner’s report, which had focused on the disparity of outcomes between black and white drivers. “Now come on, man,” he chided McCraw, “I know you went to school. I know you understand statistics.”

[…]

[Last] Thursday, the Bland family’s lawyer announced that the family had settled a civil suit against Waller County for $1.9 million. The settlement also mandates a number of procedural reforms — an agreement Reed-Veal called “a victory for moms across the country.” The settlement, which hasn’t been finalized, would require that the Waller County Jail keep a medical professional on staff at all times and use electronic sensors to monitor jailers’ check-ins.

The Sandra Bland Act, Coleman told the Observer, will expand the settlement’s reforms statewide and mandate additional changes, banning pretextual traffic stops (stops for minor infractions in order to investigate unrelated criminal activity), mandating access to health professionals in all jails, incentivizing the use of de-escalation tactics, and expanding access to personal recognizance bonds.

Coleman explained he also has a personal stake in the bill. “I got stopped 11 times in the first year I had my driver’s license,” he told the Observer. “So I understand the issues the bill addresses from being in the affected community.”

See here for the background. McCraw is a longtime partisan hack who should not be trusted, but does need to be overcome. The good news here is that Waller County has approved the settlement. The bad news is that DPS appears to be playing dumb about the whole thing.

A lawyer for the Bland family and DPS officials on Tuesday appeared to be at odds as to whether the settlement in that lawsuit — brought against Waller County, some county employees and former DPS trooper Brian Encinia — includes an agreement to institute additional statewide de-escalation training for all incoming troopers and those already on the roster.

Testifying before the Texas House Committee in County Affairs, Tom Rhodes, the Bland family’s Texas-based attorney, told lawmakers that the settlement includes a $1.9 million payout, including $100,000 from DPS. While the department was not a party in the lawsuit, it agreed to pay that amount to indemnify Encinia, who arrested Bland in a July 10, 2015 traffic stop that quickly escalated to an arrest. As part of the settlement, DPS also agreed to set up the training, Rhodes said.

But earlier in the day, DPS director Steve McCraw indicated the department already requires 76 hours of de-escalation training that’s embedded in its school for recruits.

“I was told just the opposite which is one of the reasons we required that as part of the settlement,” Rhodes told lawmakers.

Asked for clarification about McCraw’s comment, a DPS spokesman said DPS “has not settled litigation regarding Sandra Bland” and is not party to any agreements between her family and the Waller County defendants.

“The department is looking at a number of options regarding the issues discussed today,” DPS spokesman Tom Vinger said, pointing out that the department earlier this year began requiring troopers to complete an eight-hour de-escalation course.

Citing confidentiality restrictions, Rhodes said he couldn’t provide many details about the settlement discussions but he indicated he had reached a deal on the de-escalation training with DPS’ general counsel.

“All I can say is today was the first time I heard they had that training, and it seems like to me when we insisted on that as part of the settlement if they had it they would’ve said it,” Rhodes said in an interview after the hearing. “If it’s already there I’m glad it’s there. Obviously it’s not that effective — whatever they’re doing — because it certainly didn’t help in Sandy’s case, but that’s not the agreement we reached.”

Like I said, McCraw cannot be trusted. Someone at DPS with more integrity than him needs to get this worked out one and for all with the Bland family.

MALDEF sues over provision of border bill

Worth watching.

The Mexican American Legal Defense and Educational Fund, or MALDEF, filed suit Sunday against Gov. Greg Abbott, Texas Department of Public Safety Director Steve McCraw and the Texas Public Safety Commission, which oversees the DPS. The group alleges that the state has violated the U.S. Constitution’s Supremacy Clause because immigration enforcement is only a federal responsibility. The lawsuit, filed on behalf of two San Antonio landlords and the director of an immigrant services agency, also says the new provision violates the plaintiffs’ guarantee to due process.

The provision in question is part of House Bill 11, a sweeping border security measure that went into effect in September.

Under that provision, people commit a crime if they “encourage or induce a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection.”

MALDEF said the law was “enacted on dubious advice” because lawmakers were warned that the harboring provision would not withstand a constitutional challenge.

“The U.S. Supreme Court, as well as federal courts in Arizona, Alabama, Georgia, Pennsylvania, and South Carolina have all struck down, as unconstitutional, state-enacted immigrant harboring laws like the one in HB 11,” Nina Perales, MALDEF’s vice president of litigation and the plaintiffs’ lead counsel, said in a statement. “Texas already has enough laws to protect us from human smuggling without targeting religious and nonprofit organizations that care for immigrants.”

[…]

Perales said recent testimony by McCraw at the state Capitol made filing the litigation more urgent.

“We do know from public statements that were made by Director McCaw that they are moving forward to implement the harboring law so now was the time to challenge it,” she said.

The lawsuit specifically cites McCraw’s testimony from last week where he told lawmakers about the agency’s preparations to further implement HB 11.

“Yes, we’ve educated [and] we’ve trained,” the filing quotes McCraw as telling the committee.

TrailBlazers has a copy of the lawsuit and some further detail.

Lawmakers said their goal was to target those engaged in the criminal business of smuggling. But codifying that intent proved difficult, as many raised concerns that pastors, immigration-rights groups and others could be roped in with felony charges.

“The bill that was filed … didn’t account for a lot situations that could put family members or people innocently going about their day in the sights of prosecution,” said Rep. Poncho Nevarez, D-Eagle Pass.

So Republicans and Democrats – along with a spate of attorneys – teamed up to allay those concerns.

They ended up focusing on those who “encourage or induce a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection.” The person would have to have the intent of obtaining financial gain.

That work helped the bill receive significant Democratic support. But it didn’t erase all worries.

“We needed to rifle shot that thing a little bit more,” said Nevarez, who worked on the language and still voted for the bill. “We tried, and it may be that this lawsuit is a good way of showing us how we need to tailor the statute a little bit better.”

[…]

The MALDEF suit focuses on two landlords – one in Farmers Branch – who don’t ask their tenants to prove their immigration status before renting, along with an aid group that provides shelter and legal services to those who are in the country illegally.

Rep. Joe Moody, an El Paso Democrat who also worked on the bill , said a prosecutor would be “ill-advised” to pursue those cases. He added: “The goal was to be precise in targeting people that were part of smuggling networks, part of a criminal element.”

That’s certainly a reasonable goal, but it sounds like it may not have been met. We know that immigration issues will be on the front burner for the 2017 Legislature, though much of that is about pandering and fearmongering. If we can get past that, perhaps this issue can be addressed constructively, whether or not the court has ruled on it by then. I hope so, anyway. The Current has more.

DPS, investigate thyself

What could possibly go wrong?

Set to take over statewide corruption investigations, the Texas Department of Public Safety must decide whether it will investigate itself.

In April, DPS Director Steve McCraw demanded that the Travis County District Attorney’s Public Integrity Unit re-start a probe into a no-bid border-security contract issued by his agency.

The director had objected to media stories about the deal and wanted the probe brought to a conclusion. But the head of the Public Integrity Unit responded that his agency was so devastated by a funding veto by former Gov. Rick Perry that it couldn’t reopen the probe even with financial assistance.

Now, thanks to a bill that awaits Gov. Greg Abbott’s signature, DPS on Sept. 1 will take charge of the integrity unit’s investigations.

On Friday, the agency declined to say whether a look at the border-security contract with Abrams Learning and Information Systems would be among the ones it would pursue.

“I confirmed that the bill has not been signed yet, so it (is) still considered pending legislation, which we do not discuss,” Tom Vinger, a spokesman for the Department of Public Safety, said in an email.

In an email Sunday, Abbott’s press secretary, Amelia Chasse, declined to comment when asked whether Abbott plans to sign or veto, House Bill 1690.

However, a left-leaning watchdog group said the conundrum McCraw faces with the Abrams investigation starkly illustrates problems that the Legislature ignored when it passed the bill.

“Having DPS investigate its own contract with Abrams illustrates how the legislature turned the Public Integrity Unit into the Keystone Kops,” Andrew Wheat, research director for Texans for Public Justice, said in an email. “But why stop there? Why doesn’t McCraw hire Abrams to investigate the contract? Then if Abrams finds evidence of its own wrongdoing, McCraw can refer the case to Abrams’s homeboy prosecutors back in Virginia. The whole thing is a farce.”

See here for the background. It should be noted that Abbott hasn’t yet signed the bill to move the Public Integrity Unit to DPS yet, so there is a way to work this out in a non-ridiculous fashion. I can’t imagine that he won’t sign it, however, so good luck to DPS figuring out how to untangle that mess. And for a Governor that made “ethics reform” an emergency item this session, he sure got some crappy results from his legislators. You’d think he’d have more to say about that.

“Poopgate” is a big load of…

Well, you know.

Documents released Monday by the Texas Department of Public Safety’s provided no new evidence that officers found one jar of urine and 18 containers of feces at the Capitol before a July 12 debate on a controversial abortion bill.

DPS released a press statement the day of the debate that said officers had discovered one jar suspected of containing urine and 18 jars suspected to contain feces. After initially resisting requests for additional information about the reported discoveries, DPS on Monday released 144 pages of documents about the alleged incident. But the documents contain no official reports of the findings, and several DPS officers said they had not seen any of the suspected items.

The documents included photos that show a bottle of acrylic paint and a small jar — reportedly collected at the Senate gallery entrance — that DPS Commander Jose Ortiz said he was “trying to getting clarification on.” There was also a photo of three bricks collected in the Capitol extension.

In a text message exchange three days after the debate, one DPS employee asked others if they were aware of “urine or feces taken during our shakedowns.” Three employees responded that they had not seen any discoveries of excrement.

DPS director Steve McCraw indicated he was frustrated about media reporting on the incident, and in a July 14 email he asked DPS officers to give the media photos of the suspected items.

“I’m tired of reading that we made this stuff up,” Steven McCraw wrote in an email. “Let’s get the photos we have to members and the media. Does anyone realistically believe we would fabricate evidence to support a political agenda. Amazing.”

Well, Steve, the evidence, or rather the lack of any evidence to back up that ridiculous, irresponsible, and inflammatory press release you put out on July 13 (scroll down here to see it), would suggest that’s exactly what you did. And, not to put too fine a point on it, but you have a past history of dirty tricks, so you get zero benefit of the doubt from me. Cry me a river if you don’t like it.

The Observer was first out with the story of DPS’ document dump, which came after several weeks of stonewalling on their part. I refer you to this remarkable exchange at the end:

A DPS spokesman responded to questions from the Observer. Here are the question we posed and the agency’s response in its entirety.

1) What advantage did closely monitoring social media accounts provide DPS?

We do not discuss security measures or methods.

2) How did DPS gather intelligence on the meetings of activist groups? Were there undercover law enforcement personnel present at the meetings?

We do not discuss security measures or methods.

3) The documents still do not show any evidence of those “suspected” jars of feces and urine despite Director McCraw’s requests to produce any photos showing potential disruptive objects. Was DPS definitively unable to locate any photographic (or other) of these items?

We have no additional information to provide you.

4) Is it routine for DPS to monitor the social media accounts of private citizens?

We do not discuss security measures or methods.

Transparency, y’all. I didn’t blog about this before because there was just too much else going on at the time, but needless to say the wild and unsubstantiated claims by DPS, based on little more than rumor and fearmongering on Twitter by anti-choice activists got wide play, egged on by shameless political opportunists like David Dewhurst. The truth will likely never dislodge the belief that any of this really happened, but at least now we know the truth. BOR, nonsequiteuse, PDiddie, and Juanita have more, and I have a special musical dedication to Steve McCraw and his poop-seeking cronies:

It’s a little gross in places, but could hardly be more fitting.