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April 10th, 2021:

George P. Bush again talks about running for AG

It would be entertaining, in the way that videos of people getting whacked in the nuts is entertaining.

Texas Land Commissioner George P. Bush said Thursday he is “seriously considering” running for attorney general in 2022 — and detailed how he would challenge the incumbent, embattled fellow Republican Ken Paxton.

“There have been some serious allegations levied against the current attorney general,” Bush said in an interview with Dallas radio host Mark Davis. “Personally I think that the top law enforcement official in Texas needs to be above reproach.”

Bush, the grandson of former President George H.W. Bush and nephew for President George W. Bush, went on to say a Paxton challenge would not be centered on “conservative credentials” but how the incumbent has run his office. “I think character matters and integrity matters,” Bush said.

The land commissioner, currently in his second term, has for months kept open the possibility of running for another statewide office in 2022 — including attorney general — but his remarks Thursday offered the starkest indication yet that he is focused on Paxton. Bush did not give a timeline for a decision on the race beyond saying he is currently focused on the legislation session and will visit with voters afterward. The session ends May 31.

See here for the background. I don’t have a whole lot to add to what I said before, but I do wonder what P Bush thinks his winning coalition looks like in the primary. I mean sure, Paxton is up to his left nostril in scandal, but what evidence is there that the typical Republican primary voter cares about that? Paxton has repeatedly shown his bona fides to Donald Trump. I welcome the avalanche of mud that would be flung between the two of them, but if Vegas ever puts out a betting line on this one, my ten-spot will be on Paxton to win and cover the spread. Maybe if he actually gets arrested by the FBI by then I’ll reconsider, but for now, I don’t see how P beats him. Please feel free to try to convince me otherwise.

(Since someone asked in the comments to the last post, P Bush does have a law degree, according to Wikipedia. The state of Texas does not require the AG to be an attorney, however. It’s not the AG’s job to argue cases – that’s what the Solicitor General and the various deputy AGs do. He’s the manager, no law license required.)

Appellate court redistricting bill withdrawn

I had a post all ready to go yesterday with more on the bill to redistrict the appellate courts, and then this happened on Thursday night:

This is not the end of it – there will be at least one special session on legislative redistricting, after all – but whatever does happen, it won’t be in this session. So the post that I had queued up for Friday morning became out of date, and so here we are. The original post is beneath the fold because it’s still worth reading, so click on for more. Whatever made this delay happen, I’m glad for it. Hopefully we will get a better bill out of this in the end, but we can’t take that for granted. The Chron story from Friday about this is here.

(more…)

Where HISD stands today

In a holding pattern, waiting for direction.

In the winter of 2019, two committees composed of Houston ISD employees, parents and advocates issued recommendations for how the district should tackle two of its thorniest issues: campus funding practices and access to magnet programs.

Some of the proposals would require sacrifice, committee members warned, including the potential closure of low-enrollment campuses and the elimination of magnet funding to elementary schools. Yet other recommendations, such as staffing all schools with essential support personnel and expanding magnet programs to all neighborhood middle and high schools, would offer more opportunities to students with the greatest needs, they said.

Two years later, HISD administrators and school board members have implemented few of the proposals, let alone discussed them at length publicly.

The inaction, local leaders and advocates said, speaks to a pattern in the Houston Independent School District of avoiding difficult but potentially consequential reforms in recent years, leaving the state’s largest school system mired in a status quo that holds back lower-income children of color.

Despite receiving numerous studies, investigative reports and committee proposals, HISD administrators and board members have not moved swiftly to address multiple challenges. The festering issues include inequitable distribution of resources and programs, declining student enrollment, inadequate support of students with disabilities, lagging employee pay and the long-term viability of small campuses.

The reasons for the paralysis are numerous — a fractured school board, a reticent administration, the ever-present threat of a state takeover, and once-in-a-generation natural and public health disasters — but each reflect how a $2-billion bureaucracy can become stagnant in the face of calls for reform.

“It feels like HISD has been in a holding pattern, and any type of substantive change hits a wall pretty quickly,” said Jaison Oliver, a community advocate who has urged HISD to implement multiple educational and social justice reforms.

The article delves into the reasons and the prognoses from there, and you can read the rest. Broadly speaking, while the district continues to perform well overall, racial and economic gaps exist, special education is still a mess, the magnet program remains controversial, and the school board is still divided. Harvey, coronavirus, and now the freeze have caused enough disruption to make anything beyond crisis management nearly impossible to attain, and oh yeah, there’s no Superintendent but there is a continuing threat of state takeover. In some ways it’s a miracle the district is performing at all. Maybe there’s some light in the tunnel now, we’ll see. Read the story and see what you think.

Watson seeks names of accusers

This was going to happen sooner or later.

Attorneys for Texans quarterback Deshaun Watson on Thursday urged several state courts to require the disclosure of the names of the women accusing him of sexual assault and harassment — a move one legal expert called an intimidation tactic.

In a new court filing, defense lawyer Rusty Hardin lambasted the women’s attorney, Tony Buzbee, for holding a “trial by press conference” and making it difficult for Watson to respond to the 22 separate accusations without knowing who filed suit. The anonymous women, most of whom are massage therapists, allege that Watson assaulted or harassed them during sessions in 2020 and 2021 in Texas, California, Georgia or Arizona.

Hardin filed multiple requests Thursday but said he intended to file them in all of the women’s cases.

“Through the spectacle of the last few weeks, Mr. Watson has been unable to responsibly defend himself in the face of overwhelming national media coverage,” Hardin said in the filing for a special exception to the original petition. “Mr. Watson’s counsel cannot in good conscience publicly respond to the specific allegations being made because any response would be based on dangerous speculation about the identity of the accusers.”

[…]

The women are all officially listed as “Jane Doe” in court documents. Two Texas Rules of Civil Procedure prevent plaintiffs from filing civil claims using pseudonyms, Hardin said. One rule requires plaintiffs to state their name if it is known, and the other requires giving the defense fair notice of the claims involved. An exception is made for minors in sex assault cases.

A judge could potentially permit the defense to learn the identities of the plaintiffs but order the names not be released publicly, University of Houston law professor Meredith Duncan said.

Tahira Khan Merritt, a Texas attorney who litigates civil sex assault cases in state and federal court, said judges have discretion as to whether they would allow the case to proceed under a pseudonym. Prohibiting a pseudonym would merely be an intimidation tactic so early in a case, she said.

“The use of pseudonyms is very common across the United States,” Merritt said. “The only reason they would push it is to shut the victim up and discourage others from coming forward.”

Buzbee previously told Hardin he could provide the names if they used a confidentiality order, Hardin said.

As we know, two accusers have come forward publicly, but the others have not. At the court hearings today, they got some of what they wanted.

Two Harris County judges ordered in separate hearings on Friday that Tony Buzbee refile sexual assault and harassment cases against quarterback Deshaun Watson with the names of the accusers made public.

State district Judge Dedra Davis granted defense attorney Rusty Hardin’s request and asked that Buzbee refile a case in her court and disclose one of the women’s names within two days. Buzbee had suggested a private disclosure to Hardin for the women, who were initially all listed as “Jane Doe.”

A second judge, Rabeea Sultan Collier, made the same determination in the cases of three other women late Friday morning. Ten other women agreed to allow Buzbee to release their identities, and the woman in Davis’ court was “emboldened” and told Buzbee not to fight the judge’s decision, he said.

[…]

Hardin told Collier that making names public, while a concern for women’s safety, is also necessary for the defense. Since Solis and one other woman identified themselves during a Tuesday news conference, his team has received information about them from outside parties, he said.

Davis agreed that both parties needed fair treatment and that the women needed to be protected. But she agreed with Hardin that his use of publicizing the case in the media hurt his arguments.

“Everything’s been thrown into the spotlight,” she said. “I understand that you said in private you will allow the accuser to be known but it’s been very public.”

Collier heard arguments about 12 cases, nine of which were moot since the women agreed to have their names released. Solis’ case, the first to be filed, landed in her court, which means it is customary that any consolidation of cases would also move to her courtroom.

Hardin and Buzbee also agreed on a consolidation agreement Friday. All 22 women’s cases will proceed in Collier’s court before trial, but would move back to their original courts for a trial.

OK then. There are still hearings to be had for the remaining women, so we’ll see how that goes. We also now have a preview of the defense.

Deshaun Watson’s attorneys on Friday issued their first extensive defense of the star quarterback, alleging that every sexual act he partook in was consensual.

Rusty Hardin and a team of four women spoke from the Hilton Americas hotel downtown, issuing statements of support to the media and apologizing for remaining quiet as Watson was hit with 22 separate lawsuits of sexual assault and harassment. But the veteran, high-profile defense attorney also prodded reporters to look more closely at the behavior of the women’s lawyer, Tony Buzbee, who he said withheld the names of the anonymous plaintiffs until it was vital that they be made public through an emergency hearing.

[…]

Watson has been receiving two to three massages a week for four years, totaling sometimes to 150 a year, Hardin said. Most of the allegations seem to stem from 2020 and 2021 because the massage industry has changed over the course of the pandemic with the closure of spas and tendency of massage therapists to turn to Instagram for marketing, he said.

Watson, 25, largely operates from Instagram, and he doesn’t have a large team of massage therapists at his disposal through the Texans as many would believe, his attorneys said.

The female attorneys at the press conference clarified that they were not the only people from Hardin’s office on the lawsuits and did not appear to speak for appearances. They were only there because they wholeheartedly believe Watson, they said.

Attorney Leticia Quinones, a sexual assault survivor herself, said that she and other women on the team personally met with Watson and were convinced of his innocence. She urged the public to look at Watson’s “credit history” of good deeds in the community and success in overcoming a rough childhood.

She said Watson has a target on his back after signing a $160 million contract. He’s separately trying to leave the Texans.

“This 25 year old man was thrown in the depths of something he wasn’t accustomed to – money fam and stardom,” Quinones said.

Quinones added however, “I don’t discount anything that a young woman believes happens to her,” and after taking questions, Hardin agreed that “good guys” are capable of doing bad things.

Hardin said he simply wants to move the needle back to the middle in terms of public discourse following weeks of attacks from Buzbee’s team.

I’ve tried not to jump to any conclusions as the plaintiffs have made their accusations, and I’m going to continue to try to stay neutral as the defense begins to speak. There is sure to be a lot more said on all of this. Sean Pendergast has more.