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Paxton calls on Phelan to resign

The last few days of a legislative session are always the dumbest days of the session.

A crook any way you look

Attorney General Ken Paxton said Tuesday that state House Speaker Dade Phelan should resign, accusing him of presiding over his chamber “in a state of apparent debilitating intoxication.” Paxton also asked the House General Investigating Committee to probe Phelan, a fellow Republican.

Paxton’s call for Phelan’s resignation came days after a video clip went viral that showed Phelan slurring his words while overseeing House floor proceedings Friday night. Phelan’s office has declined to comment on the incident.

“After much consideration, it is with profound disappointment that I call on Speaker Dade Phelan to resign at the end of this legislation session,” Paxton said in a statement posted on Twitter. “His conduct has negatively impacted the legislative process and constitutes a failure to live up to his duty to the public.”

Minutes later, Paxton also posted to Twitter a screenshot of a letter he sent the chair of the General Investigating Committee, Rep. Andrew Murr, R-Junction, asking him to open an “investigation into Speaker Phelan for violation of House rules, state law, and for conduct unbecoming his position.” The General Investigating Committee was meeting Tuesday afternoon but does not publicly comment on any pending investigations.

Phelan’s office did not immediately respond to a request for comment on Paxton’s remarks.

Texas Republicans regularly fight among themselves, but Paxton’s comments Tuesday were striking even by that standard.

The 44-second video clip of Phelan began circulating on social media over the weekend. It was pushed by Phelan’s intraparty critics, including former state Rep. Jonathan Stickland, R-Bedford. It was also the subject of anonymous text messages deriding Phelan as “Drunk Dade.”

Phelan’s defenders noted he seemed to speak normally before and after the clip. They also noted that the people pushing the video, like Stickland, may be out for revenge after the House voted to expel one of their political allies, ex-state Rep. Bryan Slaton, R-Royse City.

[…]

Paxton shares political ties with Slaton, the ousted lawmaker. A top campaign contributor to both has been Defend Texas Liberty PAC, the Stickland-run group that is mostly financed by conservative megadonors Tim Dunn and the Wilks family.

You can see the video here if you’re so inclined. I have not given this any real thought, but Scott Braddock speaks for me:

I have no opinion about what condition Speaker Phelan was in, nor do I particularly care. Honestly, he was probably just as exhausted as everyone else is at this point in a session. I do care about the assholes who enabled Bryan Slaton and who are still mad that he faced consequences for his repellant actions. That’s about all the thought I care to give this. The Press and Reform Austin have more.

UPDATE: Okay, now I’m interested.

Following Attorney General Ken Paxton’s call for Speaker Dade Phelan’s resignation, Phelan’s office responded by presenting their perspective on Paxton’s motives.

The House Committee on General Investigating has issued subpoenas to the Office of the Attorney General (OAG) relating to the firing of eight whistleblowers from the attorney general’s office.

Cait Wittman, the spokeswoman for Phelan, highlighted the committee’s investigation into “Matter A” since March, as evidenced by committee minutes and official House records. According to Wittman, the motives and timing behind Paxton’s recent statement calling for Phelan’s resignation are abundantly clear.

She stated, “As outlined in the attached preservation letter, the Committee is conducting a thorough examination of the events tied to the firing of the whistleblowers in addition to Ken Paxton’s alleged illegal conduct.” The committee minutes further revealed the issuance of subpoenas.

Wittman characterized Paxton’s statement as a desperate attempt to salvage his reputation, stating, “Mr. Paxton’s statement today amounts to little more than a last-ditch effort to save face.”

The letter says that, “The House has been conducting an investigation related to your request for $3.3 million dollars of public money to pay a settlement resolving litigation between your agency and terminated whistleblowers.”

Nice. Do the letters FAFO mean anything to you, Kenny?

UPDATE: Color Jeremy Wallace skeptical of the video evidence.

Chron editorial board interviews Mike Morath

There’s video and a transcript here. After explaining that he missed the initial TEA community engagement sessions because he was “under the weather”, he gets asked the key question:

Lisa Falkenberg 1:55
Mhmm. Okay, and then, so, we’re trying to figure out what resources will be used – as much as you can say – what resources would be used for the D and F schools that they don’t have access to now?

Mike Morath 2:10
Sure. I mean, this is the grand question: How does a school system – and certainly one as large as Houston ISD – organize itself as a system of 250-plus campuses so that the way that the district works does not allow an individual campus to lack the structures of supports for you know, a decade or more? You can’t have a situation where kids are going half a decade, or a decade, not learn how to read, write and do math at high levels. So you know, what people keep asking us is, ‘how is that going to change?’ And there’s sort of two answers to that question: The core answer of what TEA is doing is actually indirect. What we’re focused on is leadership. So we’re replacing the school board superintendent. My task is to find nine Houstonians of a character and integrity – that are student-focused – to be members of that governing body that will work together as a team and then find a superintendent that also works with that team that can then execute. Ultimately, that’s the sole focus of the agency, the way the law is set up, the way that our oversight structure is set up. It is that group of people that then have to make all of these changes. But that fundamentally doesn’t answer your question ‘what are the changes that you need to make?’ and so this gets you into all the key questions of how do you make schools work for students? Just think of the discipline of reading. So at an elementary school. There’s an elementary school in Houston, whose last acceptable performance was in 2011. So this is two entire generations worth of kids: Kindergarten through fifth grade. They have, never as a group, been exposed to a school that equipped them to rewrite or do math and do it well. So what needs to happen?

Lisa Falkenberg 4:08
What school was that?

Mike Morath 4:09
I’ll let you guys research that. So you think about elementary literacy instruction. So what we know – what evidence tells us – the evidence is compellingly clear on how the human mind acquires the gift of reading. You’ve got to make sure kids learn how to decode. That has to be taught. There’s a very specific way to do that. You do the ‘mmm’ sound before you do the ‘ph’ sound and you do that for a reason. There’s an explicit exposure, in order, to these concepts. You’ve got a bunch of random control trial-based instructional materials out there, and training, that shows this is the most effective way to do it. So you need to make sure that in kindergarten, first grade, second grade, third grade, that that kind of instruction is happening and with materials that have that kind of evidence base. That’s only part of the equation that helps kids learn how to read. Reading is also a function of background knowledge. All the words that you know and accumulate. And this is one of the reasons why you see such disparities by class in reading proficiency. Because if your parents are very well educated and have resources to take you on trips, and then you will learn things – a lot of things – outside of school, and much of that is going to affect your vocabulary and background knowledge. And that is a driver in literacy. So the question is, ‘are schools functioning as the great equalizer for literacy?’ Do they have a curriculum that is well-designed and intentional at building knowledge, about building vocabulary and is even designed to do so? So you think, well, what’s the evidence base? I’ll tell you that you need to have an instructional material and in a curricular environment the way classroom works in order for vocabulary to work. We know that if you have a set of lessons that are focused on say, ‘inferencing’ as a skill. You do something on ‘giraffes,’ and then you do something on ‘going to the ice cream store’ and then you do something on ‘World War II’ and then you do something on ‘your thoughts about balloons,’ that will not lead to any vocabulary growth. Instead, the evidence is quite clear. You have to read the same kind of texts over and over and over again. Same subject. So you read about ‘giraffes’ and you read about ‘zoos’ and then you read about the ‘African savanna.’ Then you read about the biology of necks. That sort of thing. That causes vocabulary growth. So the question is: “in the schools that have seen low levels of literacy for a decade, how well-designed is the instructional program in the curricular experience for kids so that that is actually happening?’ And this is not a new phenomenon. This knowledge isn’t even new to Houston. I think about the great Thaddeus Lott. He may be a principal y’all are familiar with. This epically famous principal that served, I want to say, at Wesley Elementary for decades. People came to his school, studied what he was doing, and he had a systematic, direct instruction on phonics. He had a strong, rigorous approach to background knowledge. Curriculum that was well-designed. Then, his approach to recruiting teachers focused on, of course, folks that had extremely high expectations; that if you come to school with a with a broken right arm and you can’t turn in a writing assignment because of it, you know, the teacher says, ‘well, your left arm is not broken.’ The high expectations that says, ‘No, we’re going to learn this. I’m here to support you, but we’re going to learn this’ and he creates a learning environment. He did this for 20 years at that school that got extraordinary results.

Gotta say, that’s an awful lot of words that sound suspiciously like the Underpants Gnome meme to me. To wit:

Step 1: Appoint Board of Managers
Step 2: ???????
Step 3: All schools are now passing!

I had to back away for a few minutes after that. I eventually went back and read some more, and he does get into specifics in a few places, so go read and listen for yourself. One thing he does say is that the Board of Managers is accountable to him, so to answer this question, if there’s a Board member that we the public think is dead weight, we need to convince Mike Morath of that. So, yeah.

Mammoths and dodos

How you feel about this will likely depend on how strongly you identify with that Ian Malcolm quote from Jurassic Park.

“Finding a dodo bird…”

The Texas entrepreneur working to bring back the woolly mammoth has added a new species to his revival list: the dodo.

Recreating this flightless bird, a symbol of human-caused extinction, is a chance for redemption. It might also motivate humans to remove invasive species from Mauritius, the bird’s native habitat, said Ben Lamm, CEO and co-founder of Colossal Biosciences.

“Humanity can undo the sins of the past with these advancing genetic rescue technologies,” Lamm said. “There is always a benefit for carefully planned rewilding of a species back into its native environment.”

The dodo is the third animal that Colossal Biosciences — which announced Tuesday it has raised $225 million since September 2021 — is working to recreate.

And no, the company isn’t cloning extinct animals — that’s impossible, said Lamm, who lives in Dallas. Instead, it’s focusing on genes that produce the physical attributes of the extinct animals. The animals it’s creating will have core genes from those ancestors, engineered for the same niche the extinct species inhabited.

The woolly mammoth, for instance, is being called an Arctic elephant. It will look like a woolly mammoth and contribute to the Arctic ecosystem in a way that’s similar to the woolly mammoth. But it will technically be an Asian elephant with genes altered to survive in the cold. Asian elephants and woolly mammoths share 99.6 percent of their DNA.

[…]

For the dodo, Colossal is partnering with evolutionary biologist Beth Shapiro, a scientific advisory board member for Colossal who led the team that first fully sequenced the dodo’s genome.

The dodo went extinct in 1662 as a direct result of human settlement and ecosystem competition. They were killed off by hunting and the introduction of invasive species. Creating an environment where the dodos can thrive will require humans to remove the invaders (the non-human invaders, anyway), and this environmental restoration could have cascading benefits on other plants and animals.

“Everybody has heard of the dodo, and everybody understands that the dodo is gone because people changed its habitat in such a way that it could not survive,” Shapiro said. “By taking on this audacious project, Colossal will remind people not only of the tremendous consequences that our actions can have on other species and ecosystems, but also that it is in our control to do something about it.”

The third species is the Tasmanian tiger. I missed the original mammoth story or I’d surely have mentioned it, since I have a longstanding interest in those critters. I’m not qualified to opine on the wisdom of all this, so I’ll just leave you with that aforementioned quote:

I embed, you decide. CNET has more.

Saturday video break: The year of Olivia

By “Olivia” I mean Olivia Rodrigo, though it was my Olivia who first introduced me to the latter’s music. They share something in common besides their given name, and that’s a love of Billy Joel. My Olivia came back to Houston from college to see Billy Joel with us at Minute Maid Park in September, but she’s still a little salty about the fact that I didn’t take her to New York to see Billy Joel at one of his regular Madison Square Garden shows. When COVID first hit, I admit I feared, as did Olivia, that maybe there would never be another chance to do that. That remains to be seen, but at least we can say we saw him in concert together.

Anyway, whether we get to see him at MSG on some future date, we’ll likely not see a repeat of this from one of his shows in August:

I’ve watched this video at least 20 times since I first heard of its existence (via Twitter, as bittersweet as that is). I love everything about it – her joy and enthusiasm, the way the two of them play off each other, how she skips off the stage at the end. It’s everything you could want from a live musical performance, and that it came as a surprise to everyone in attendance just makes it that much sweeter.

And then, in November, Rodrigo took the stage to honor another legend by singing one of Carly Simon’s greatest hits at her Rock and Roll Hall of Fame induction:

Again, I love everything about this. The song is an all-timer, and it is just perfect for her voice. (There’s a great cover of it by Susanna Hoffs and Matthew Sweet that I also recommend; this one is maybe a smidge better but both are total bangers.) The way the band feeds off her energy, and the way the crowd is into it – the shots of Brandi Carlile singing along, and (I believe) LL Cool J air-drumming are perfection. As with the Billy Joel video, this is an introduction of Olivia Rodrigo to folks who are of the Billy Joel/Carly Simon musical era, and they are suitably impressed. Several commented that she should do a cover album of classic rock and pop hits, and I would be so there for it. I already like her debut album Sour – give it a listen if you haven’t already.

Two other things. One, much as I love “You’re So Vain”, we realize that whoever Carly Simon was (figuratively or actually) singing it to would have heard it at some point, and thus would have been correct in assuming that the song was indeed about him, right? It’s a good mind-fuck either way, I just wanted to note that for the record.

And two, in regard to the first video:

Sigh. I’m old enough to remember when Twitter was fun. Maybe it will be again someday. Happy New Year!

Christmas Eve video break: The luster of midday

Hope you’re staying warm and that your pipes haven’t frozen. To celebrate, or to commiserate as the case may be, here once again is my favorite rendition of “A Visit From Saint Nicholas”, as performed by cartoon and voice actors:

As noted before, I’ve been posting this for over a decade, I watch it every year, and it remains one of my favorite things. Happy Christmas Eve to all who celebrate.

Saturday video break: A brief manifesto about Christmas music

Been awhile since I’ve done one of these. Maybe I’ll work a few in next year, we’ll see how it goes. I was inspired by the Slacktivist re-running his own Christmas music manifesto from a few years ago. I broadly agree with him on this, but there are a couple of points that I feel need to be included.

1. “The Little Drummer Boy” is an abomination before God and man and should be avoided at all costs. It’s not just that it’s dumb – seriously, who thinks playing a drum for a baby is a good idea? – it’s maudlin and draggy and so annoyingly repetitive. If you must have a song featuring a kid with a drum on your playlist, the correct answer is “Pat-a-Pan”, an old French carol:

I first heard this song as a choir boy in the mid-70s, when we performed it for that year’s concert. It’s still in my head all these years later, and yet I can’t say I’ve ever heard it on the radio or someone’s random playlist since then. A shame, because it’s simple and bouncy and brief, a good quality for most Christmas music. The first version of this I found when I looked was a Julie Andrews rendition, and while I’d never say anything bad about Julie Andrews, the super slow tempo of her arrangement was not the optimal choice.

(Also, as is the way with old traditionals, the lyrics I learned were different. The first verse, as I sang it all those years ago, was “Willie play your little drum/With the whistle I shall come/We’ll make music bright and gay/Too-ra-loo-ra-lay, pat-a-pat-a-pan/We’ll make music bright and gay/Too-ra-lay/It’s Christmas Day”. Your mileage may vary.)

2. “O Holy Night” is indeed a beautiful showcase for talented singers. It’s one of my favorite hymns for that reason. It also has one of the hallmarks of a great song in that it can be done in a completely different and unexpected way and still be awesome. To wit, here’s Brave Combo and their cha-cha version of “O Holy Night”:

I have no idea how you can hear the normal version of this and think “cha cha cha”, but they did and we are all the better for it.

3. On the subject of songs with more than one verse, the same can be said for “Jingle Bells” as well. If you’re not singing about Miss Fanny Bright when you sing “Jingle Bells”, you’re doing it wrong. You know who does “Jingle Bells” right? Alvin and the m-f’ing Chipmunks, that’s who:

Three verses, y’all. That’s how you “Jingle Bells”.

4. “Good King Wenceslas” is an underrated classic and should get more love.

That’s all I’ve got. Feel free to add your own requirements for a good Christmas playlist.

Thanksgiving video break: A return to something resembling normalcy

Let’s spend a few minutes with an old friend:

The day may come when I will get tired of that video, but that day is not today. I am as always thankful for my family and friends, my health, my ability to engage in local and state politics via this silly old blog, and for those of y’all who keep on reading it. Happy Thanksgiving, stay safe, and enjoy whatever celebration you indulge in today.

Endorsement watch: Starting out with Susan

The Chron kicks off endorsement season with a fulsome recommendation of Susan Hays for Ag Commissioner.

Susan Hays

Hays, 53, lives in Alpine, where she and her husband purchased land several years ago to grow hemp and hops. Her background is as an attorney and lobbyist, including her 2019 work helping craft the Texas law allowing any hemp product with less than 0.3 percent THC.

Like the Republican incumbent, Sid Miller, she has made medical marijuana legalization central to her campaign.

Hays said she’s taken a close look at other states’ cannabis policies and determined that the successful ones have a well-balanced “three-legged stool” of medicinal access, decriminalization and legalization, all working together to curb the black market and ensure people remain safe.

“You have to think of cannabis regulation holistically,” she told the editorial board, speaking of her frustration with Texas’ piecemeal approach and widely-varying regulations.

[…]

Hays promises to lead the department with integrity, and we think she presents Texans with a better shot at competent leadership than we ever had under Miller. If elected, she told us, her constituents “won’t have to worry if I’m off seeking pseudo medical treatment in another state or directing a staffer to commit unsavory acts for a quick buck.”

She vows to govern pragmatically, not politically, sticking to her duties as agriculture commissioner rather than partisan talking points: “That’s not just abortion and guns — it’s the freeze, it’s seeing the elected officials spend taxpayer dollars and money and media space on often made-up issues, issues based in fear, instead of actually governing,” Hays said.

She seeks to revitalize the State Office of Rural Health, a rural hospital program, and commit the department’s resources to improving rural health care, sorely needed in Texas. The agriculture department oversees the state’s school lunch program, and Hays seeks to make sure students — rural, suburban and urban — are getting healthy Texas food rather than processed food from elsewhere.

If you like a circus act that sucks up oxygen and taxpayer money, vote for Miller. If you want a serious candidate well qualified to run the Texas agriculture department fairly, efficiently, and honestly, we can’t recommend Hays highly enough.

If reading the words isn’t enough for you, listen to my interview with Susan Hays and hear her say these things herself. She’ll make a believer out of you. The Chron editorial necessarily gets into the case against Sid Miller, but they only have so much space for that. It’s so abundantly clear that Hays is the best choice, I don’t know what else to tell you.

On a side note, Beto O’Rourke had himself a pretty good weekend for endorsements, picking them up from the likes of Harry Styles, Willie Nelson, and thirty-five members of Uvalde shooting victims’ families. The ad now running that features the mother of one of the victims is just devastating. I saw it during a football game over the weekend, and it took my breath away. I’m not normally moved by ads, especially political ads – they’re just background noise to me, including the ones for candidates I like. This one was different. Wow.

Endorsement watch: Stogner for Warford

Nice.

Luke Warford

Sarah Stogner, the former Republican candidate for railroad commissioner who forced incumbent Wayne Christian to a runoff and made waves for riding a pumpjack almost naked in a memorable campaign ad, is backing the Democratic nominee for the seat.

Stogner on Monday endorsed Luke Warford over Christian, a former state representative who was first elected to the Railroad Commission in 2016. She said in an interview that Texas’ energy industry is “too important to let corrupt career politicians stay in office, and I’m taking a stand against it.”

Stogner, an oil and gas attorney, lost to Christian by double digits in the runoff. Her campaign turned heads not only for the racy ad but also $2 million in funding she got from a West Texas rancher and friend who had been battling the Railroad Commission over abandoned oil wells on her property.

Stogner said she was supporting Warford, a former state Democratic Party staffer running on fixing the power grid, because she simply believed he would do the job better. She also said in a statement that he is not “your typical Democrat,” calling him “pragmatic and pro-business.”

Christian’s campaign did not respond to a request for comment.

Stogner’s endorsement comes as another Democratic statewide candidate, Mike Collier, has also been picking up Republican endorsements, most recently from former Lt. Gov. Bill Ratliff on Thursday.

A bit of background in case you need to be reminded about Sarah Stogner. Here’s more from the Chron.

Stogner announced the support Monday and appears in a new video for Warford. Stogner lost in the runoff to Wayne Christian, who is the incumbent and chairs the oil and gas regulatory agency.

“My thinking was, if my endorsement can help him bring some Republican voters to vote for him, it’s the right thing for Texas,” she said.

[…]

Stogner has been an outspoken critic of Christian, pointing to campaign contributions he receives from the oil and gas industry, and to his unwillingness to acknowledge climate change. In recent days, she has also offered support for Christian’s libertarian opponent, Jaime Andres Diez.

“I don’t think that this should be politicized,” Stogner said of the race. “And unfortunately, the incumbent is talking about the (border) wall and pro-life and things that he has absolutely no jurisdiction over.”

The three-member Railroad Commission regulates the state’s oil and gas industry. Christian, a former state legislator and financial planner, opposes new regulations and alternative energy such as wind and solar.

“I’m tired of career politicians mining their pocketbooks and ignoring what needs to be done,” Stogner said.

Here’s the new video:

Whatever one might say about Sarah Stogner, she likely has a lot more name recognition than your typical primary-losing candidate in a downballot race. She is good at getting earned media, which is nice. I’ve said before that I don’t think endorsements like this move a lot of votes, but they probably move a few. And for real, I’ve never seen this many prominent Republican endorsements of Texas Democrats. I don’t know how much that means, but it’s not nothing.

Coulda Been Worse

Are you ready for some attack ads?

A shadowy new group has purchased at least $6 million in TV ads ahead of the November election and is airing an ad that targets Gov. Greg Abbott as he runs for reelection.

The minute-long ad from Coulda Been Worse LLC, which started airing Friday, rattles off a list of major calamitous events that have happened on Abbott’s watch, like the Uvalde school shooting and 2021 power-grid collapse. As the narrator speaks, a picture slowly zooms out to show Abbott’s face.

“Any one of these — a terrible shame for Texas,” the narrator says at the end. “All of these — a horrific sign something big is terribly, terribly wrong.”

The spot ends with a clip of Abbott saying after the Uvalde massacre that it “could have been worse,” increasingly a rallying cry of Abbott’s critics. Abbott made the comment while praising the law enforcement response to the shooting, which has since been been widely criticized for taking well over an hour to confront the shooter. Abbott later said he was “misled” when he made the comment.

The advertising represents a significant escalation as Abbott fights for a third term against Democratic challenger Beto O’Rourke. Abbott has led O’Rourke by mid-single digits in polls throughout the summer.

Here’s the ad, which I can’t find right now on YouTube in part because there’s a song called “Coulda Been Worse” and in part because there’s a ton of video clips of Abbott’s original “could have been worse” quote.

60-second ads always feel interminable to me, but I’m not sure how you cut this one down. I mostly encounter ads like this when I watch sports – the college and NFL football seasons are just rife with this stuff, especially in even-numbered years – so I’ll be interested to see how often I encounter it. What’s your reaction?

I’m sure they’ll evaluate themselves objectively

What could possibly go wrong?

In October, Colorado-based E3 Consulting offered a plan for how the Public Utility Commission should redesign Texas’ deregulated power market. It produced a 44-page proposal, paid for by energy giants NRG and Chicago-based Exelon.

Now the PUC — saying it wants an impartial review of the proposals — has hired E3 to analyze the plans, including its own.

A PUC contract signed May 10 shows the consulting firm will receive up to $364,000 for its review. The contract notes that E3 would create an “internal firewall” to protect against bias in the report, but the contract’s administrator for E3 is first among four authors listed on its market redesign plan.

E3 didn’t respond to a voice message or email requesting comment. The PUC, in a statement from spokesman Rich Parsons, said E3 was selected through a competitive bidding process “open to any qualified respondents and in full compliance with the state’s procurement laws and procedures.”

“Through this competitive process, it was determined E3 presents the best value to Texans for this project,” he wrote.

But energy experts said the contract casts a shadow of bias over the market redesign process.

“Can you spell conflict of interest?” said Alison Silverstein, an Austin-based energy consultant who worked for the PUC from 1995 to 2001 and with the Federal Energy Regulatory Commission from 2001 to 2004. “Just on the surface, apart form evaluating their own project, you’re not supposed to have the appearance of bias, if not the reality of possible bias. Most of us citizens think if you take money from someone like a generator, you are likely to favor that party’s point of view.”

[…]

When the PUC, which regulates public utilities in Texas and oversees ERCOT, sought companies to provide an independent analysis of the market proposals, only two responded: E3 and Potomac Economics, an independent market monitoring service out of Fairfax, Va.

Potomac monitors ERCOT to ensure companies don’t cheat in the wholesale power market, where power producers compete to supply the cheapest electricity.

Silverstein, the energy consultant, said unlike E3, Potomac cannot receive money from power generators or retailers because of its independent status.

Ed Hirs, an energy fellow with the University of Houston, said the requests for proposals for the independent analysis was written in a way that may have worried some analysis firms. He said it looked like the PUC was looking for a rubber stamp, a concern he said is also reflected in its contract with E3.

E3 told the PUC about its work with NRG and Exelon during the solicitation process, according to the contract, but noted that the relationship had “been terminated prior to signing this contract.”

I feel like if someone wanted to do a modern-day version of The Best Little Whorehouse in Texas, you could quite reasonably work the entire ERCOT/PUC freeze-and-post-freeze saga in as a subplot for the Governor, though you might have to tone it down a bit so it doesn’t come off as too ridiculous. Jokes aside, the obvious solution to this particular situation is to simply disqualify E3’s proposal from consideration. There’s no conflict of interest problem if E3 isn’t being asked to judge themselves. It’s so simple that of course we’ll never do it. But since I brought up TBLWiT, here’s the video of the song you now have in your head:

You’re welcome, and may God forgive me.

“You put an electric engine…in a DeLorean??”

Everything old is new again.

Hold onto your flux capacitors: The DeLorean Motor Company is back and making San Antonio its home.

Economic development officials announced Monday that the once-defunct 1980s-era car manufacturer, whose gull-wing car was best known as a time-travel machine in the Back to the Future movies, will establish its reconstituted headquarters at Port San Antonio as it seeks other locations for manufacturing operations.

The brand is staging a comeback in the realm of electric vehicle (EV) production, a plan the car company teased in a 15-second spot during the Super Bowl LVI game Sunday.

[…]

Electric vehicle manufacturing is a new venture for DeLorean, known best for its stainless steel sports car that debuted in 1981.

First established by auto industry executive John DeLorean in 1975, the car company produced about 9,000 cars at a plant in Northern Ireland between 1981 and 1982 before the company went bankrupt and its founder was arrested for drug trafficking. The cars have lived on in pop culture lore thanks partly to their distinctive design and starring role in three Back to the Future films beginning in 1985.

British-born mechanic Stephen Wynne purchased the rights to the DeLorean name and remaining parts inventory in 1995. Since then, the company has provided service to the 6,000 DeLorean cars still in existence from its home in Humble, north of Houston.

Its entry into electric vehicle manufacturing will be the company’s first go at building cars since the original plant closed in 1982. DeLorean joins a list of at least 17 automakers planning to electrify their models in coming years.

Why not do it with some style, right? I have no idea if this will be a success or if it’s even worth trying, but I don’t care. The thought that there might someday be electric DeLoreans out on the street someday makes me smile.

We can’t end this post without the proper homage:

I hope that’s enough to distract you from the realization that “Back To The Future 2” was set in that mystical far-off year of…2015. Missed it by that much on the Cubs winning the World Series, too.

On the campaign trail again

It’s good to be back.

In the 2020 election cycle, many campaigns in Texas went fully virtual as the coronavirus pandemic, then a new and uncertain threat, bore down on the state. They held virtual rallies, phone banks and fundraisers, trading in clipboards and walking shoes for webcams and microphones.

As the weeks went on, though, Republicans resumed in-person campaigning and managed to stave off a massive Democratic offensive in November. Democrats later admitted that their decision to suspend door-knocking and other in-person activities hurt them.

Now, nearly two years later and with a new COVID-19 variant surging across the state, Democrats appear set on avoiding the same mistake. Few, if any, Democratic campaigns have gone fully virtual, and many are pressing forward with in-person campaigning while taking some precautions.

“Like everyone else across the globe, we are keeping a close eye on the Covid-19 Omicron Variant and assessing the risks associated with this surge,” Texas Democratic Party spokesperson Angelica Luna Kaufman said in a statement. “However, there is a lot at stake this midterm election and in-person campaigning will be a critical component to engaging voters and winning these races.”

She emphasized the country is “not in the same situation as we were in 2020.” Vaccines are widely available, and people are well-practiced in how to stay safe in public.

Still, the omicron variant looms large, and the campaign trail has not been immune to it. Some forums are still being held virtually, and candidates, staffers and volunteers are having to deal with the logistical challenges that come when one of them tests positive amid the fast-spreading variant.

[…]

Democrats’ most celebrated candidate this cycle, gubernatorial contender Beto O’Rourke, has been regularly campaigning in person since launching his bid in November. He has been holding larger events outside, and his campaign asks attendees to wear masks and encourages them to be vaccinated. The campaign has made rapid testing available to attendees at some events.

“Speaking with Texans one-on-one is at the heart of our campaign,” O’Rourke’s campaign manager, Nick Rathod, said in a statement. “After holding 70 events in 30 cities during the first weeks of our campaign, we remain committed to meeting Texans where they are and will continue to closely follow” public health guidelines.

O’Rourke’s first campaign event since omicron began surging in Texas was Saturday in El Paso. Attendees were told “masks are strongly encouraged regardless of vaccination status” and that they would be provided for those who need them. On event sign-up pages, attendees were also told that by attending, “you understand and accept the risks associated with COVID-19.”

O’Rourke’s campaign is already block walking, though those who volunteer to do so have to sign a “COVID-19 Block Walk Safety Agreement Form.” Among other things, the form requires volunteers to wear masks when not eating or drinking and maintain their distance from voters “at all times possible.”

O’Rourke was among the Democrats who lamented the party’s refusal to campaign in person ahead of the 2020 election. He had been deeply involved in the fight for the Texas House majority through his Powered by People group, which shifted virtually all its activities online because of the pandemic. Writing to supporters days after Republicans swept Texas in the election, O’Rourke said one of the lessons was “nothing beats” talking to voters “eyeball to eyeball” and that “there is a safe way to do this, even in a pandemic.”

Not much to add here. To whatever extent the virtual campaigning of 2020 led to lesser outcomes than we might have had otherwise, no one wants to do that again. Most in-person events right now are being done virtually, but that is temporary. I’m certainly ready to see a bunch of my political friends in person again, in our natural environment. To that, here’s a little song you might know:

Happy trails, y’all.

An email from Erica Davis

From the inbox, sent to Democratic precinct chairs:

Erica Davis

You elected me to serve as your Trustee for the Harris County Department of Education and I am very proud of what we have accomplished. I too believe in elevating voices, educating the uniformed and ensuring ethical leadership. I made a commitment to be a grassroots’ leader to our community.

Today I write to inform you in my most humble self, that I have filed to run for Harris County Judge. I have served Harris County residents for over a decade building relationships and working to keep people safe.

Every citizen deserves the same response time to safety, the elimination of wasteful spending, and bringing resources back to the Harris County residents. That is why I am running today, a native Houstonian with a purpose and passion for the residents of Harris County.

I’ll be giving you a call in the next week to speak with you. I’d like to share my vision for Harris County and invite you to discuss what matters to you. Thank you for your service and commitment to our community.

Emphasis in the original. Still no “why me and not Judge Hidalgo” statement, as previously noted, but there’s at least some mention of issues. Response times from law enforcement seems to me to be more of an HPD issue, but it could be a call for increasing the Sheriff’s budget, with maybe some more for the Constables as well. I find that a call to “eliminate wasteful spending” is in general sufficiently vague as to be meaningless. What is “wasteful” to you may be critical to me, and vice versa. If you can’t or won’t specify what you consider wasteful, we can’t have a real conversation about it. In other contexts, references to “wasteful” spending have usually meant an intent to cut spending overall. That would seem to be in conflict with a call for a bigger Sheriff’s budget, but 1) I’m drawing an inference here, and 2) we need specifics. As for “bringing resources back to the Harris County residents”, I guess talk to our legislative and Congressional delegations? I don’t know how to interpret this.

I should note that while I got that email on Monday, I got another one on Tuesday that contained this video, in which she restated her concerns about crime and “wasteful spending”, with additional concerns about property taxes and infrastructure. No ideas for improvements were mentioned – this was a brief introductory video – but again, it was the beginning of a critique of her opponent. How receptive a Democratic primary electorate that knows and likes Judge Hidalgo will be to this remains to be seen, but at least she’s saying something.

Good thing I’ll be getting a call to speak with Candidate Davis in the next week or so. As you may imagine, I have some questions.

It’s never to early to wish you all a good night

And yet another viewing of my favorite Christmas Eve video:

May you have a safe and joyous holiday. See you on the flip side.

So how did Paxton’s budget grilling go?

Meh.

Best mugshot ever

Texas Attorney General Ken Paxton violated his budget authority when he transferred $40 million of taxpayer money to cover pay raises for some members of his staff without approval of the Legislature or the governor, triggering an angry response from lawmakers on Wednesday.

“You know that I am not pleased,” Senate Finance chair Jane Nelson told Paxton during a meeting about the state budget. “We have an appropriations process for a reason. And if every agency did what yours did, General Paxton, we wouldn’t have a budget. We wouldn’t even need a budget.”

According to state budget officials, Paxton’s office in February 2020 moved money without authority for various expense items, including $8.5 million that was supposed to go to data center services. Some of that money was moved from capital project funds that are not supposed to be used for pay raises. That was a violation of Paxton’s budget transfer authority, according to officials with the state’s Legislative Budget Board. The money funded raises for 1,884 employees in the child support division.

Nelson, a Republican from Flower Mound, made clear to Paxton it is the Legislature’s authority to consider pay raises from the various state agencies as part of the budget process, and it is not up to agency heads to make that call.

“I wish we had done that one differently,” Paxton conceded.

State Sen. Paul Bettencourt, R-Houston, also pressed Paxton on the move, seeking assurances that it won’t happen again.

“After knowing more about that situation I would say I’ve instructed my staff to make sure that doesn’t happen again,” Paxton said.

See here for some background. That’s some truly harsh language there, I don’t know how he managed to withstand it. I’m all sweaty just reading the transcript. What about the money he wants to spend on fancy outside lawyers for that Google lawsuit?

But that request triggered questions from State Sen. Joan Huffman, R-Houston, who pointed out that Paxton has more than 4,000 employees on his staff, including over 700 lawyers.

“Then you have talented lawyers who are capable of handling these big cases, correct?” Huffman asked.

Paxton replied: “If Google is going to have the very best lawyers that know anti-trust, we wanted to be able to compete on the same playing field.”

I guess when you drive off all the best attorneys on your own staff, you have to get creative. I’ll believe that the Senate is holding him accountable when I see what they do with this budget line item.

On a more serious note:

The U.S. Supreme Court was wrong when it refused to allow Texas to sue other states relating to the Nov. 3 that resulted in Joe Biden being elected president, Texas Attorney General Ken Paxton said on Wednesday.

Paxton, defending the lawsuit before the Texas Senate, said the U.S. Supreme Court Justices were wrong when they refused to hear his case arguing that other states had violated the Constitution because of the way they conducted their elections. The Supreme Court ruled in early December that Texas did not have the standing to challenge the election results in four battleground states — a conclusion that legal experts across the country had foreseen.

“Our only place to be heard was in the U.S. Supreme Court,” Paxton told the Senate Finance Committee as he defended his proposed budget for the next two years. “I do not think that their jurisprudence is right that they can just have this discretion to not hear your case.”

Under questioning from State Sen. Royce West, D-Dallas, Paxton said his suit was never about finding election fraud. Instead, he said he was concerned Texas voters were being disenfranchised because other states did not follow federal rules for conducting elections.

“We have no way to go back and even verify whether these elections were credible and whether they were done in a way that wasn’t fraudulent,” Paxton said.

It was President Donald Trump’s lawyers who drafted the lawsuit, the New York Times reported, and Trump’s team turned to Paxton only after Louisiana Attorney General Jeffrey M. Landry, a Republican, declined to take the case. The Times also reported that members of Paxton’s staff argued against filing the suit, and Paxton’s top litigator, Kyle Hawkins, refused to put his name on it.

Hawkins has since resigned.

See here for some background. Sorry, but the smoke pouring out of my ears keeps setting off the fire alarms in our house, so I’m not able to say any more about this. Let me leave you with this as a palate cleanser, and as a song to play on repeat when the FBI finally arrests his sorry ass.

Found that here.

Christmas Eve video break: Time for tradition

And that can only mean my favorite rendition of “A Visit From Saint Nicholas”:

I’ve been posting this on Christmas Eve for over a decade now. I watch it every year, more than once, and I never get tired of it. Merry Christmas Eve to you all.

Thanksgiving video break: At least we still have old favorites

I think we can all agree that this is not the Thanksgiving we thought we were going to get when the year started. So let’s be thankful for the things we do have, like the comfort of the familiar.

I am thankful for my family, my health, my continued pleasure in doing this blog, and the people I have met along the way. Happy Thanksgiving, everyone.

November 2020 Early Voting Day Sixteen: All through the night

This post is scheduled to publish before 5 AM today. When that happens, voting will still be happening in Harris County.

In Harris County this year, residents can vote where the Rockets or Texans play, from the comfort or their cars, or on Sundays. And on Thursday, they can vote at any time of day.

The County Clerk on Thursday will leave eight early voting sites open for 24-hours, an effort to make voting easier for residents who may have non-traditional schedules or who may be eager to avoid lines.

“Whether you’re a first responder who clocks in and out at 5 a.m., a medical professional working to save lives around the clock, someone keeping shelves full at grocery stores, or a shift worker keeping our port running, we want to give you the opportunity to cast your vote at a time that is convenient for you and four family,” Harris County Clerk Christopher Hollins said in a statement.

The 24-hour option is one of several innovations in Hollins’s ambitious $27 million election plan for this year; others include nearly tripling the number of early voting sites, drive-thru voting, sending mail ballot applications to all registered seniors and hiring more than 11,000 poll workers.

And as I have said before, this is absolutely a thing we should make standard going forward. Massive kudos to Chris Hollins for his innovative thinking, which has made voting in Harris County so much better.

I’d say this deserves a video:

Maybe even two:

The Day Sixteen daily EV totals are here. You can find the daily totals for 2008 and 2012 (and 2016 as well, but I’ve got a separate link for it) here, for 2016 here, and for 2018 here. I’m just going to keep on keeping on with the pretense that early voting actually began last Monday, except with 628K votes already in the bank. The first table is totals for the “normal” early voting time period for each year.


Election     Mail      Early      Total
=======================================
2008       49,558    513,888    563,446
2012       61,972    549,816    611,788
2016       89,271    700,697    789,968
2018       81,609    605,851    687,460
2020      161,378    553,520    714,898

There were 61K votes on, with 4,652 of them coming by mail, making Wednesday busier in person and back to normal for mail. At that same level for Thursday and we’ll be close to 2016 final turnout, and at that same level for both Thursday and Friday and we’ll approach 1.4 million for the EV period. I’ll bet the over for each.


Vote type       Mon     Tue     Wed     Thu     Fri     Week
============================================================
Mail          6,407     569   4,652                   11,628
Drive-thru    5,448   6,145   6,403                   17,996
In person    46,727  50,746  50,726                  148,199
Total        58,582  57,460  61,781                  177,823

Vote type     Week 1    Week 2    Week 3      Total
===================================================
Mail          75,504    74,246    11,628    161,378
Drive-thru    54,105    39,264    17,996    111,365
In person    499,099   348,227   148,199    995,525
Total        628,708   461,737   177,823  1,268,268

I’ve screwed up somewhere in my separation of the drive-through vote from the non-drive-through in-person vote, and as a result my tally is 2,013 less than what shows up on the daily sheet, which has 1,270,281 total votes. I can’t figure it out, but it’s not worth worrying about at this point. If Thursday is even slightly better than Wednesday, we’ll equal 2016 total turnout. I think we’ll make it to 1.4 million by 7 PM tomorrow, but if not we’ll be pretty close.

Here’s the Derek Ryan email.

We have officially surpassed 50% turnout. Through yesterday, 8,525,424 Texans have voted early. It was pointed out to me by The Texas Tribune’s Evan Smith that when we look at the numbers through today (tomorrow’s report), we will have surpassed the total number of people who voted in the 2016 General Election.

As a reminder, there are still four million voters who have voted in a previous General Election who have NOT voted yet. A few weeks ago, I said we would probably get to 12 million votes cast. I’m feeling a little bit better about that prediction.

Have you voted yet?

UPDATE: We made it to the 2016 final turnout level, on Thursday night just before 10. Here’s the press release. I’ll report on the final Thursday numbers tomorrow, and the final EV numbers on Sunday.

Tuesday video break: It’s Christmas Eve, y’all

And that can mean only one thing:

Happy Christmas to all, and to all a good afternoon.

Thanksgiving video break: I haven’t done one of these in awhile

So let’s redo one of my greater hits:

Happy Thanksgiving, everyone.

Astrodome song

A little bit of nostalgia for you today.

Misty air conditioned memories...

Like many of us, Bruce Robison has driven by the Astrodome and gotten emotional.

He is of that age — born in 1966, one year after the Dome opened — that gives him a genuine reverence for the Eighth Wonder of the World.

When he was young, Robison moved from boomtown Houston to small-town Bandera in the Hill Country. But as was the case with many Texans, the Astrodome still earned a special place in his heart.

Robison saw quarterbacks, left fielders, horses, bulls, motorcycles, demolition derby cars and monster trucks. He says he even saw what was touted as the biggest ape in the world at the Astrodome.

His father was at the Game of the Century between UH and UCLA. That game brought college basketball to a national audience and a huge stadium for the first time.

While most of us just wax nostalgic over the stadium that was once Houston’s claim to fame, Robison figured he should put his thoughts on wax.

Thus was born the song “Astrodome,” which the award-winning tunesmith has turned into an eye-catching video project.

The short film of the song is a unique blend of archival footage from the good ol’ days with clips from inside the Astrodome as it is now. Unique animation brings to life a place that has long been dead.

Here’s the video:

I’m not from here, and the Dome was hardly a novelty by the time I got here, but I still have my own fond memories of the place. But nothing lasts forever, and unlike most other retired stadia, the Dome will get a chance to have a second act. And we’ll always have our own remembrances of the place.

Instagram in space!

Far out. Like, literally.

Internet service can sometimes be spotty here on Earth. Just imagine checking email from the moon or searching Google from Mars.

A Houston satellite and artificial intelligence company wants to make that possible through an “interplanetary internet” that someday could connect Earth to mining companies on the moon and human colonies on Mars and other planets. It ultimately would require a network of satellites stretching for hundreds of millions of miles and technology compensating for the movement of planets to prevent the interruption of data streaming at the speed of light.

But you’ve got to start somewhere.

“I fundamentally believe that we will be an interplanetary species,” Ben Lamm, chief executive of the parent company of Hypergiant Galactic Systems, the Houston firm aiming to build out the worlds-wide-web. “We need to start building the core infrastructure for the interplanetary internet now.”

Hypergiant Galactic, a subsidiary of Hypergiant Industries of Austin, is launching its effort as NASA talks about returning to the moon and sending humans to Mars. Hypergiant Galactic expects to begin building the outer-space internet next year by launching a series of small satellites that would be positioned at different points in space to create a network to relay signals from Earth until reaching the end destination, such as the moon, another planet or a space ship. (Kirk to Enterprise?)

Phase one, which includes connecting Earth to the moon and Mars over the next decade, would cost tens of millions of dollars, according to Hypergiant. Once the project moves beyond Mars, costs vault into the hundreds of millions.

The satellites also would store a 30-million page archive of human knowledge that will act as a scaled-down version of the internet so, for example, colonists on Mars could access it quickly, without having to wait long periods for pages to load as signals move from Mars to Earth and back. The archive would be updated frequently, and ultimately built out into a more robust subset of the internet.

The archive also aims to preserve and protect the legacy of the human race by placing it in off-world storage should cataclysm strike the planet. The archive, assembled by the nonprofit Arch Mission Foundation and stored on long-lasting metal disks as a backup to the version that can be updated from Earth, includes everything from Wikipedia to the Harry Potter series to the world’s many languages and mathematical equations.

I don’t really have anything to add to this. It caught my eye and I thought it was cool. Plus, it gave me a reason to embed this video:

Give the aliens all our best, Janet.

Dan Patrick declares victory on the bathroom bill

Um, okay.

The “bathroom bill” won’t be back this session, its loudest champion suggested Wednesday morning.

At a Governor’s Mansion press conference on the second day of this year’s legislative session, Lt. Gov. Dan Patrick — who last session was the top state leader championing the measure, which would have regulated the use of certain public facilities for transgender Texans — suggested there’s no need to bring back the divisive proposal that headlined the last legislative year in 2017.

“When you win the battle, you don’t have to fight the battle again,” Patrick said, sitting beside Gov. Greg Abbott and recently elected Texas House Speaker Dennis Bonnen, R-Angleton. “I think it’s been settled, and I think we’ve won.”

[…]

In the months since the 2017 legislative sessions, Patrick has made similar suggestions that the issue no longer requires the Legislature’s attention. But his answer carried extra weight Wednesday as he and the state’s other top two leaders projected a unified front, promising to tackle bread-and-butter policy reforms like school finance, property tax reform and disaster recovery.

Without citing evidence, Patrick claimed that the school district behavior necessitating the measure has “stopped.”

“Sometimes a bill doesn’t pass, but you win on the issue,” Patrick said.

Hey, you know what? If this means we’ll never see another bill like the bathroom bill again, then I’m more than happy to admit I was wrong and concede that Dan Patrick did in fact win. So congratulations, Dan! Do your victory dance (*) and celebrate that big win for whoever it is you’re celebrating it for. May all of your legislative priorities meet with the same success going forward. The DMN has more.

(*) – Am I the only one who thinks Dan Patrick would totally do the Ickey Shuffle?

And away they all flew, like the down of a thistle

As always, my favorite Christmas Eve video:

May you and yours get all your Christmas wishes fulfilled.

On the air

You might be seeing some TV ads from Texas Democrats who aren’t Beto O’Rourke or Lizzie Fletcher. There’s Justin Nelson:

Justin Nelson

Attorney Justin Nelson, a candidate for attorney general, on Tuesday became the first — and likely only — Democrat running for state office to go on TV with a Texas-wide campaign ad.

Nelson’s 30-second spot now on air across Texas hammers incumbent Attorney General Ken Paxton for his 2015 criminal indictment for securities fraud and a subsequent 2017 investigation into bribery and corruption that was closed after prosecutors decided not to pursue any charges against him. Paxton has yet to go to trial on three felony charges from the 2015 indictment.

Paxton, a Republican finishing his first term, released his own ad Monday. Paxton’s campaign spot features his office cracking down on human trafficking to make Texas safer. That includes helping shut down Backpage.com, a website that hosted prostitution-related ads. Paxton’s spokesman said the ad is on air, including in the Houston market.

I saw one of the Nelson ads during the last Astros’ game (sigh).

There’s Todd Litton.

Todd Litton

Democrat Todd Litton on Monday began airing the first TV ad of his campaign for Texas’ 2nd Congressional District, with a 30-second spot that seeks to draw a contrast between himself and Republican opponent Dan Crenshaw.

The ad, titled “No Joke,” begins with a scene in Litton’s kitchen, where he tells a “dad joke” to his kids.

“They sure keep me in check,” Litton says about his children. “But no one is keeping Congress in check. That’s no joke.”

He goes on to mention “my far right opponent, Dan Crenshaw,” whom Litton says “only makes matters worse.” He contends Crenshaw would “do away with Social Security, health care and a woman’s right to choose.”

“I’ll protect them,” Litton concludes. “And I’ll stand up to anyone and work with anyone to get things done.”

The ad represents a six-figure buy and will air on broadcast networks through Election Day, according to Litton’s campaign.

If you had told me a couple of months ago that one of the Congressional candidates would tell a dad joke in a TV ad, I’d have guessed it would be Todd Litton. And now there’s Sri Kulkarni.

Sri Kulkarni

Democrat Sri Preston Kulkarni is continuing to put pressure on U.S. Rep. Pete Olson in what has fast become one of the most competitive races for Congress in Texas.

Kulkarni has launched a new television ad blasting Olson, a 5-term incumbent, as a “do-nothing Congressman.”

“What happened to Pete Olson?” a narrator says, noting that Olson had sponsored just three bills that passed in 10 years in office.

According to records with the Library of Congress, Olson two of those bills renamed post offices in Pearland and Sugar Land. Another bill awarded the Congressional Gold Medal to the World War II pilots who made raids on Tokyo.

[…]

The ad comes at a time that new campaign finance reports show Kulkarni raised more money in the last three months for his campaign than Olson, and Kulkarni has more money going into the final weeks of the campaign.

In addition, national Democrats are promising more help for Kulkarni after his surprise showing. This week the Democratic Congressional Campaign Committee added Kulkarni to their “Red to Blue” program, which provides organizational and fundraising support for campaigns.

“Sri has put together a strong people-powered campaign that makes this race competitive,” said DCCC chairman Ben Ray Lujan.

It’s almost like we live in a competitive political environment. Such exciting times. You can see Justin Nelson’s ad here, Todd Litton’s ad here, and Sri Kulkarni’s ad here.

Saturday video break: Vote ‘Em Out

Listen to Willie Nelson, y’all.

Link via the Current. The deadline to register to vote is this Tuesday, October 9. Early voting begins on Monday, October 22. You know what to do.

“Viva Texas! Viva Beto!”

It’s been too long since the last time I posted a video.

It all came from a love of the law and a shared dislike of Ted Cruz.

It was a few bigwig local prosecutors, a capital defense attorney, a seasoned member of the Harris County Attorney’s Office and others who got together over the summer, hoping to unseat the junior senator from Texas – with their music. It was, they promised, not as outlandish as it seemed.

“Before John F. Kennedy the only person to ever defeat Lyndon Johnson for public office was Pappy Lee O’Daniel,” said Special Assistant County Attorney Terry O’Rourke.

“Pappy Lee beat Johnson by having a band and they went around to all these courthouses in Texas playing this song – ‘Pass the Biscuits Pappy’ – and Lyndon Johnson lost that election.”

Seeking to replicate that success, the legally-minded balladeers recorded three songs in support of Democratic candidate Beto O’Rourke, including ditties like “Viva Texas! Viva Beto!” – released on YouTube Saturday.

“We are part of the resistance, we’re it’s tonal dimension,” said David Mitcham, the Harris County District Attorney’s Office trial bureau chief and lead singer of what’s become the de facto in-house band for the DA’s office, Death by Injection.

But the new political rock gathering calls itself The Yellow Dog Howlers.

Here’s the video, in all its glory:

Well, it’s not The Altuve Polka or It’s A Ming Thing, but I give them an A for enthusiasm. And look, it’s not like anyone is gonna write a song about Ted Cruz.

And since they mentioned it, here’s Pass The Biscuits Pappy:

For sure, they don’t write ’em like that any more.

It’s been three years since Ken Paxton was indicted

Surely that’s worth noting.

Best mugshot ever

It’s been three years since Texas Attorney General Ken Paxton was indicted for securities fraud, and his Democratic challenger marked the date — with cake.

Justin Nelson, a Houston attorney vying to strip the Republican incumbent of his title, released a YouTube video campaign ad on Thursday wishing Paxton, “Happy birthday to your criminal charges.” The short video, which was recorded to appear like a baking tutorial, also criticizes Paxton for campaign contributions and n incident where he took — then returned — a local lawyer’s $1,000 Montblanc pen.

“On August 3rd, 2015, Indicted Ken Paxton was arrested, booked, and had his mugshot taken,” the video’s description says. “Since Paxton’s criminal charges just turned three, here’s a delicious way to celebrate their birthday!”

[…]

Without a large campaign fund for traditional media, Nelson has turned to YouTube to get his message out, releasing four videos in the last month.

You can see those videos here; they haven’t gotten much traffic yet, but it only takes one to go viral. And, um, Happy Indictment Day.

Killing Obamacare softly

With cuts to the budget for state outreach programs. Which doesn’t scan well lyrically, and I doubt any of the people on the pointy end of this will care about how it came to be, but here we are.

It’s constitutional – deal with it

The Trump administration recently announced big cuts to a program that helps people sign up for health insurance through the Affordable Care Act, also known as Obamacare.

Ahead of open enrollment, which starts later this year, the money Texas gets to hire navigators – people who help residents find insurance plans – is getting slashed 86 percent. For the enrollment period ending in January, Texas groups will be able to apply for only up to $1.25 million in federal funds.

“That’s a drop in the bucket,” says Stacey Pogue, a senior policy analyst with the Center for Public Policy Priorities. “That is a tiny amount. It would not go very far when you’re talking about more than 4 million uninsured Texans.”

Pogue says it’s also a small number compared to how much the state has been given in years prior. According to data compiled by the Kaiser Family Foundation, Texas was allotted $9.2 million in navigator grants during the 2016-17 enrollment period.

[…]

Pogue says these cuts are part of the Trump administration’s larger effort to weaken the health care law.

She says this particular cut, though, hurts people who are vulnerable and live in hard-to-reach areas. Cities like Austin, which have groups like Foundation Communities, won’t feel the cuts as much as rural parts of the state.

In other words, people in the parts of the state that voted the most heavily for Trump. It’s like tariffs for sick people. I mean look, this is and has been the playbook from the beginning. The only way forward is to get back to electing candidates who want people to be able to access health care. Until then, I feel like we need a video, to clear the palate a bit:

I feel better now.

The story behind the MJ Hegar video

Cool little “making of” feature.

MJ Hegar

Mary Jennings “MJ” Hegar, a 42-year-old mother and Republican turned “independent Democrat” running for Congress in Texas, is an Air Force veteran and retired Air National Guard helicopter pilot who didn’t let an abusive biological father, knee injuries, and sexual bias, harassment and assault stop her from doing three tours in Afghanistan that climaxed with a rescue mission gone awry in which she strapped herself to the skids of a chopper and fired at the Taliban. Her service earned her a Purple Heart. Back stateside, she successfully sued the Secretary of Defense (Hegar, et al. v. Panetta) to get the Pentagon to end the policy that officially barred women from combat, was named by Newsweek as one of 125 “Women of Impact” of 2012 and wrote a bestselling book called Shoot Like a Girl that came out last year and is now set to be turned into a movie with Angelina Jolie reportedly in talks to play the lead role.

“She’s a badass,” Democratic ad maker Cayce McCabe told me last week.

McCabe’s biggest concern heading into the shooting and editing of the 3½-minute biographical spot released last month was whether or not he could “do her story justice.”

He did. The ad immediately began to ricochet around the internet, Hegar’s fundraising and name recognition turbocharged by millions of YouTube views and Facebook shares. It earned her coverage in news outlets as varied as USA TodayAdweek and People. It got her on CNN and MSNBC. And it has made her a Democratic candidate to watch in Texas’ 31st Congressional District, which is composed of suburban and rural areas north of Austin, includes Fort Hood in Killeen and has voted for nobody but GOP Rep. “Judge” John Carter since it was created more than a decade and a half ago.

It also was the third Putnam Partners ad in the past two years that made a Democratic military veteran go viral. In 2016, it was Jason Kander, his blindfold and his AR-15. In 2017, it was Amy McGrath, the first female Marine to fly an F/A-18 fighter jet in combat, launching her upstart candidacy in Kentucky’s 6th District. This year, it’s Hegar.

[…]

Doors” went viral, McCabe believes, because of Hegar (she’s “dynamic” and “electric”) and because of her story (“good enough to make a movie out of”) but also due to the moment in which it landed. “It’s not an easy time in this country, especially these past couple weeks seeing families ripped apart at the border,” he told me. “So I think a story of somebody overcoming the odds, and fighting, and a warrior—it’s kind of just what people needed.” “Hamilton” creator Lin-Manuel Miranda told his more than 2.4 million Twitter followers it was “the best political ad anyone’s ever seen.”

“We’re in a period when many voters aren’t looking for more of the same, so women and veterans and people who haven’t been in traditional positions of power represent change, and they represent change at a time when more of the same just won’t do,” Margolis said. “This is a political moment where I think a lot of voters are anxious to see something very different in Congress and people who don’t look like everyone else who’s currently there.”

Trippi sees these spots as sneak previews of sorts for 2020. “You’re going to have 16, 17, 18 Democrats running for president of the United States, all doing some kind of compelling long-form video,” he told me.

For the time being, though, in these House races in red states, viral ads have made Democrats who are veterans viable in a way they wouldn’t have been without them.

McCabe thinks it can propel Hegar to a win this fall.

“Absolutely,” he said. The ad cost more than $40,000 to make, a tab shared by her campaign and the Democratic Congressional Campaign Committee, and Hegar didn’t have that much money to burn, but it proved to be more than worth it. “It’s helped her raise a ton of money. I mean, it’s over half a million as of right now. My guess is that it could very well be a million by the time this quarter report comes out.” Added McCabe: “We’re talking about hundreds of thousands of dollars if not close to a million in $5, $10, $25 contributions, so these are not people who are maxed out and cannot give again.” By contrast, Carter, the GOP incumbent, had a little more than $350,000 in his coffers at the end of March.

See here for the background, and here for your original introduction to MJ Hegar. This story came out before Hegar announced her million-dollar haul in Q2, so you can see just how good an investment that video was. Hegar had raised $496K as of May 2, but since she had $458K of that as of March 31 it’s clear the video paid off for her in spades. It surely helps to have a good story to tell, but it just as surely helps to tell that story well. I figure Putnam Partners is getting a lot of calls from other candidates about now.

MJ Hegar introduces herself

Here’s her opening video:

Fair to say it made a good impression, and USA Today, Daily Kos, Slate, Business Insider, and Political Animal all gushed about it. Nancy LeTourneau, who wrote that latter article, used it as a springboard to talk about not just the influx of female (mostly Democratic) candidates this cycle, but how they are running different types of campaigns than what we are used to seeing:

The shift that has happened was perhaps best described by Stacey Abrams, who is running to be Georgia’s next governor, when she said, “My being a black woman is not a deficit…It is a strength. Because I could not be where I am had I not overcome so many other barriers. Which means you know I’m relentless, you know I’m persistent, and you know I’m smart.” I recently took at look at how some Native American candidates are embracing the same message.

These women are tossing out the playbook for political campaigns that was written mostly by men and putting their experiences as women front and center to make their case for why voters should support them. They’re breaking down stereotypes and talking about things that have affected women for centuries but have been relegated to the shadows.

As LeTourneau says, this is a big deal regardless of how many of these women win. It’s a paradigm shift, one that we better get used to. Hegar’s a decided underdog in CD31, but if the wave is high and she pulls an upset, people are going to know her name.

If I had a boat…

I wouldn’t have used it to go Harvey-watching. Where does he get this crap?

President Donald Trump praised the Coast Guard for its heroics during Hurricane Harvey Wednesday, but credited the high number of water rescues to people taking their boats out to watch the storm roll in, baffling first responders.

Trump was on a conference call with state and federal leaders in preparation for another dreadful hurricane season. During the call, Trump thanked the Coast Guard for their service in helping save 16,000 people after Harvey, Hurricane Maria and other storms. The Coast Guard doesn’t “get enough credit,” Trump said.

“Sixteen thousand people, many of them in Texas, for whatever reason that is. People went out in their boats to watch the hurricane,” Trump said. “That didn’t work out too well.”

Harris County Sheriff Ed Gonzalez took umbrage with the president’s remarks, crediting civilians with making an “extraordinary effort” with their own boats to rescue neighbors, relatives and pets as Hurricane Harvey flooded the Texas coast with 52 inches of rain last year.

“I didn’t see anyone taking the approach that would reflect his comments,” Gonzalez said. “I’ll be sure to invite the president to ride out the next hurricane in a jon boat in Galveston Bay the next time one approaches,” he added.

No one could explain the president’s comment.

When asked by the Houston Chronicle to confirm if Texans were out on boats gawking at the storm, Texas Gov. Greg Abbott said he had “no information one way or another about that.”

Coast Guard Petty Officer Edward Wargo said: “I don’t know how we would go about confirming that,” when asked for evidence.

“I don’t even know how to respond to that,” said Marty Lancton, president of the Houston Professional Fire Fighters Association.

In another reality, I’d just assume Donald Trump is stoned. In this world, there’s no point in trying to explain anything he says or does. He lies and he makes shit up, and that’s all there is to it. The Associated Press has more, but I can’t leave it like this. I need something to cleanse my palate.

There. Much better now.

Paxton versus Miller on barbecue

Just embrace the fact that this is the world we live in.

Sid Miller

Sid Miller

A nonbinding opinion issued Monday by Attorney General Ken Paxton continues a battle between lawmakers, restaurants and Agriculture Commissioner Sid Miller over regulation of scales used to measure food.

Under state law, roughly 17,725 retailers, including grocery store chains, airlines, coffee houses, laundries and brisket purveyors, are required to use scales to measure what they sell to the public. Those scales are also supposed to be registered with the state so inspectors can ensure that they’re not tipped in the seller’s favor.

A law passed during last year’s legislative session, however, carved out exemptions for scales “exclusively used to weigh food sold for immediate consumption,” meaning places such as yogurt shops and barbecue joints won’t have to get their scales registered.

Miller called the law “horse hockey.”

[…]

Miller’s agency, which was charged with verifying the accuracy of the retailers’ scales, decided that businesses would only be exempt from regulation if they weighed foods to be eaten “on the premises.” But the barbecue bill’s authors argued that in determining how to implement the law, Miller’s agency misinterpreted its intent. So Miller asked Paxton for a written opinion.

Paxton sided with the barbecue joints in his opinion Monday, saying Miller’s agency went too far.

See here for the background. As I said before and as I may never say again, I think Miller had the better argument, but at least we know Ken Paxton remains consistent about siding with the moneyed interests whenever the opportunity presents itself. But who cares about any of that? This calls for a song:

Now if you’ll excuse me, I hear some brisket calling my name.