Off the Kuff Rotating Header Image

May 28th, 2021:

Paxton trial to head back to Collin County

You can go home again, apparently.

Best mugshot ever

A panel of three justices ruled Thursday that Texas Attorney General Ken Paxton’s felony fraud charges should be held in Collin County — where he lives — instead of Harris County, after a yearslong back-and-forth over where his criminal case should be heard.

The lawsuit, now nearly six years old, has been shackled by procedural delays and has not yet gone to trial because of a number of appeals related to where the case should be heard and how much the prosecutors should be paid. The suit has loomed over Paxton for nearly his entire time as attorney general, including during his narrow reelection in 2018. If convicted, Paxton could face up to 99 years in prison.

Prosecutors in the suit claim Paxton persuaded investors to buy stock in a technology firm without disclosing he would be compensated for it back when he was a member of the Texas House. Paxton denies any wrongdoing and says the accusations are politically motivated.

A panel of three all-Democratic justices in the 1st Court Of Appeals in Houston on Thursday allowed the case to return to Paxton’s home county on a 2-1 vote because of a technicality, affirming a lower court’s decision after nearly seven months of deliberation.

The case was originally to be held in Collin County but prosecutors argued that having the trial there would be unfair because of his political ties in that region. Paxton represented Collin County in the Texas Legislature for years, and now his wife, state Sen. Angela Paxton, represents the region.

The dissenting justice, Gordon Goodman, said no matter where the case is held, it is time it goes to trial.

“At this point almost six years has elapsed since Paxton was indicted. Whichever district court ultimately receives these cases should move them to trial as expeditiously as possible,” Goodman wrote in his dissent. “Further delay is anything but expedient.”

See here for the last update, which was in October. I don’t think there is anything in nature that moves more slowly than the court proceedings for this case. The prosecutors are seeking an en banc ruling, which I can understand given the split among the three-judge panel, but honestly I’m with Justice Goodman. Let’s get this show on the road, if we finally can.

And on that note, a word about this.

“If it gets moved back to Collin County, that certainly is advantageous for Paxton for two reasons: One, it’s more likely to go to a Republican judge as opposed to a Democratic judge in Harris County,” said Mark Jones, a political science professor at Rice University who has studied the case, in an interview in 2019. “And any jury pool is going to be much more sympathetic to Paxton in Collin versus Harris.”

Yes, he’ll get a Republican judge in Collin County, though one would like to hope that the judge would be impartial regardless of where the trial was held. As for the jury, I think Professor Jones is overstating things a bit. Look at the numbers:

2016: Trump 55.6%, Clinton 38.9%
2020: Trump 51.4%, Biden 47.0%

2014: Paxton 66.0%, Houston 30.4%
2018: Paxton 52.7%, Nelson 44.7%

Paxton did worse than every other statewide Republican in Collin County in 2018 except for Ted Cruz, and he only beat Cruz by a tenth of a percentage point. It’s not crazy to think that Collin County could go for his opponent next year. It’s true that Collin County is considerably less Democratic than Harris County, and as such the jury pool will likely be Republican-leaning. It’s just nowhere near as Republican as it was when Paxton was first indicted in 2015. Maybe he should have gone for the speedy trial in the first place.

P Bush tries to make amends

What a joker.

Texas Land Commissioner George P. Bush said Wednesday he would ask the U.S. Department of Housing and Urban Development to directly send Harris County $750 million in flood mitigation aid related to Hurricane Harvey, days after his agency declined to award the county any money for their proposed projects.

The snub sparked an intense and immediate backlash from Houston-area Democrats and Republicans, who demanded that Bush revise the General Land Office’s metrics for doling out $2.1 billion in federal relief for flood projects. The officials noted that Houston bore the brunt of the historic hurricane, yet had failed to secure one cent from the initial $1 billion round of funding.

In a statement, Bush blamed the situation on federal “red tape requirements and complex regulations” that he described as a “hallmark” of the Biden administration. He said the Land Office, which administers Texas’ federal disaster relief, had been delayed in distributing the Harvey funds by the U.S. Housing Department, which did not publish rules regulating the use of the money until two years after Harvey. That happened under the administration of former president Donald Trump.

Bush said he had directed GLO officials to “work around the federal government’s regulations” by seeking the direct allocation, though he did not say which regulations had prevented the agency from awarding the money to Harris County itself.

A GLO spokeswoman said the $750 million, if approved by HUD, would go directly to Harris County. The county could then decide to send some of the money to the city for its own mitigation projects.

Mayor Sylvester Turner said Bush’s plan would still leave the city with only a fraction of the $4.3 billion approved by Congress in 2018 to help Texas prevent future flooding. Turner and other local officials have long insisted Houston and Harris County should receive roughly half of that amount, which they say would align with their initial share of Texas’ housing recovery aid and the proportion of damage taken on by the Houston area during Hurricane Harvey.

“Harris County should receive $1 billion and the City of Houston should receive $1 billion,” Turner said. “All Commissioner Bush has to do is amend his state plan to provide that direct allocation to the city of Houston and to Harris County.”

[…]

A spokesman for the U.S. Department of Housing and Urban Development disputed the Land Office’s account, saying state officials have “full responsibility and jurisdiction over who gets the money.” While HUD must sign off on the GLO’s plan for distributing the funds, there did not appear to be any HUD guidance that required the state to use the criteria opposed by the city and county.

See here, here, and here for the background. A succinct summary of this saga:

Also, too, the $750 million is a bit more than half of the $1.34 billion Houston and Harris County had asked for, and the GLO did not say if this would be the total amount Houston and Harris would get or if this would somehow be carved out of the initial $2.1 billion allocation, and if so what would happen to the grants that had been made. But other than that, great job, Bushie! The Trib and Campos, who knows what the “P” in “P Bush” stands for, have more.

The kids are getting vaxxed

Good news.

In the first week that Texas adolescents were eligible to be vaccinated for COVID-19, after a year of pandemic-induced isolation from their families, peers and classrooms, more than 100,000 kids ages 12-15 poured into pediatricians’ offices, vaccine hubs and school gyms across Texas to get their shots.

One of them was Austin Ford, a 14-year-old in Houston whose mother is a pediatric nurse, whose father has a disability that makes him vulnerable to COVID, and who lost a family member to the virus last month.

“It was a no-brainer for us,” said his mother, Sherryl Ford, 46, who took Austin to Texas Children’s Hospital for his shot last Friday, less than 24 hours after the Pfizer vaccine was approved for emergency use for his age group. “I have friends who took their kids the night before. In the days since the federal approval on May 13, about 6% of Texas children ages 12-15 have gotten a dose of the Pfizer vaccine. It took more than a month to reach that percentage for eligible adults last winter when the vaccination effort began.

It marks a promising start, health officials and others say, to the state’s first attempt to inoculate Texas’ estimated 1.7 million adolescents, who have endured isolation and virtual-learning challenges for more than a year.

“It’s amazing,” said Dr. Seth Kaplan, a Frisco pediatrician and president of the Texas Pediatric Society, which represents about 4,600 pediatricians and other child medicine professionals.”

[…]

In Texas, where the issue of vaccinating children for any kind of illness has sparked intense political debate, parents are permitted to opt out of vaccines required to attend public schools, as well as opt in to a statewide immunization registry that tracks childhood vaccinations.

But while Texas health officials have expressed concern about what they describe as a growing anti-vaccine movement, between 97% and 99% of Texas schoolchildren are fully vaccinated, according to the Texas Department of State Health Services.

State health officials don’t expect that high of a number with the COVID vaccine, at least not right away, but say that number signals a high rate of general vaccine acceptance among Texas parents, said Chris Van Deusen, spokesperson for DSHS.

The state is doing research to determine the best messages and outreach for parents, who will be targeted in a public awareness campaign over the summer, Van Deusen said.

Texas pediatricians have also been talking with parents for months about vaccinating their kids, in preparation for its availability to that age group, Kaplan said.

See here for the background. My younger daughter is in that six percent, and in less than two weeks we’ll be a fully vaccinated family. That’s not only good for the kids, it’s good for our overall vaccination numbers, which can use all the help they can get. Given the universal return of in-person school and the removal of mask mandates, this makes a lot of sense. The schools themselves will be used to help get kids vaccinated, which is a big deal considering how many obstacles some folks face in getting the shots.

Statewide, more than three dozen school districts from Laredo to McKinney and from East Texas to El Paso have become official providers and have received vaccines, either for students or staff or, in McKinney’s case, for both.

“We want to be part of the solution for our staff and our students, and we want education and our school experience to get back to what it was pre-pandemic,” Pratt said.

Although the vaccines require parental consent, a key part of the enthusiasm appears to be coming from teenagers themselves.

“Most of the kids that I’ve spoken to are really ready to get it because they understand that even though we kind of opened everything up and they are getting back to normal, there’s still a risk for them,” Kaplan said. “If they can get vaccinated, then their participation in activities that they want to be participating in is that much safer for them.”

I don’t know what we need to do to get HISD involved as well, but we should do that. The Dallas Observer has more.