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June 25th, 2021:

Quinnipiac: Abbott has weak re-elect numbers

Interesting.

As Texas Governor Greg Abbott, a Republican, seeks reelection next year, voters in the Lone Star State are divided on whether or not he deserves to be reelected as 46 percent say he does and 48 percent say he does not deserve to be reelected, according to a Quinnipiac (KWIN-uh-pea-ack) University poll of registered voters in Texas released today.

Republicans say 82 – 13 percent that Abbott deserves to be reelected, while Democrats say 88 – 11 percent, and independents say 50 – 42 percent he does not deserve to be reelected.

With former U.S. Rep. Beto O’Rourke, a Democrat, not ruling out a possible gubernatorial run in 2022, voters overall say 52 – 41 percent they would not like to see him run for governor. Democrats say 77 – 14 percent they do want to see O’Rourke run for governor, independents are divided saying 50 – 45 percent they do not want to see him run, and Republicans say 89 – 6 percent they do not want to see O’Rourke run.

Another name gaining attention for a possible gubernatorial run is Matthew McConaughey, the actor and Texas native. His political party affiliation is unclear. While 41 percent of voters say they would like to see him run, 47 percent say they would not like to see him run. Independents and Democrats are split, as independents say 47 – 43 percent and Democrats say 44 – 43 percent they would like to see him run. Republicans say 60 – 29 percent they would not like to see him run.

Governor Greg Abbott receives a mixed job approval rating as 48 percent of Texas voters approve of the job he’s doing and 46 percent disapprove. This is little changed from his 48 – 44 percent job approval rating in July of 2020. Today’s disapproval rating is the highest for Abbott since being elected in 2018. Other job approvals are mostly mixed.

President Biden gets 45/50 approval numbers, while Abbott scores slightly better on favorability than he did on approval. For reasons I do not understand, they did not ask the obvious Abbott/Beto, Abbott/McConaughey, and Abbott/Beto/McConaughey horse race questions. The poll data is at the bottom, underneath the press release stuff. The Quinnpiac polling analyst sums Abbott up as “A Trump favorite in a state that is turning less red in recent election cycles, Abbott has a decent but in no way overwhelming grasp on reelection”. There’s a separate Q-poll out that asks about some issues, and I’ll get to that tomorrow. We haven’t had much in the way of polling data lately, so enjoy this for what it’s worth.

Suing the “Trump Train”

Good.

A group of people traveling on a President Joe Biden campaign bus on a Texas highway last fall when it was surrounded and followed by former President Donald Trump’s supporters have filed a lawsuit against at least seven people who allegedly were following the bus, claiming the group violated the Ku Klux Klan Act of 1871 and Texas law by organizing a “politically-motivated conspiracy to disrupt the campaign and intimidate its supporters.”

The Klan Act prevents groups from joining together to obstruct free and fair federal elections by intimidating and injuring voters, or denying them the ability to engage in political speech.

The lawsuit, filed in federal court Thursday, claims the defendants violated that law when they followed the bus, yelling death threats and streaming their activities on social media.

The plaintiffs include former state Sen. Wendy Davis, David Gins, a then-campaign staffer who now serves as deputy director for operations for Vice President Kamala Harris, Eric Cervini, another campaign volunteer, and the bus driver, Timothy Holloway. The lawsuit also states that the plaintiffs continue to suffer psychological and emotional injury from the event. The bus driver, Holloway, has been unable to drive a bus following the experience. They are asking for compensatory and punitive damages and for legal fees to be covered.

“What Defendants cannot do under the law is use force, intimidation, or threats against those with whom they disagree politically. Yet that is precisely what Defendants did by conspiring to use their vehicles as weapons to interfere with the constitutional rights of those who supported the Biden-Harris Campaign,” the lawsuit reads. “The Constitution’s guarantee of free speech, association, and assembly is empty if those rights cannot be freely exercised. And where groups are permitted to terrorize those with whom they disagree into forgoing their constitutional rights, the functioning of our democracy demands accountability.”

[…]

In an exclusive interview with the Tribune in January, Davis said she didn’t think law enforcement had taken the situation seriously enough. She said in San Antonio, police responded to a request for assistance, pushing the trucks with Trump flags back. But once they left San Antonio, the caravan once again surrounded the bus. Davis said they called 911 again in San Marcos but they could not get an officer to respond.

“They just kept saying, ‘Where are you now? Where are you now,’” Davis said in January. “We kept giving them landmark after landmark, mile marker after mile marker. … Never were we able to get anyone to come out. It was unbelievable.”

I didn’t blog about that incident at the time because there was a lot going on and there wasn’t much to add to it except inchoate anger. The Texas Civil Rights Project has a landing page for this – it appears there are two complaints, both of which have some unnamed defendants – with a one page explanation of the lawsuit and the law it has been filed under. The one pager says that the Klan Act has been “mostly unused” over the past hundred years, so who knows how a judge will view it. There is apparently still an FBI investigation of the incident, so perhaps we’ll be able to hear about what they have learned.

The Chron provides some details about the two suits.

The first of two lawsuits filed Thursday targets at least seven individuals who were driving the vehicles that surrounded the bus. The second addresses local law enforcement officers, whom the plaintiffs contend did not properly respond to the incident.

[…]

The first lawsuit filed Thursday alleges that the individuals involved in surrounding the bus violated the Ku Klux Klan Act of 1871, which prohibits people from conspiring to inhibit individuals’ political speech via force, intimidation or threats.

“Plaintiffs feared the Trump Train might run the bus off the road, or that they might crash into a vehicle, wall barrier, sign, pillar, or other obstacle on or by the highway,” the lawsuit states. “They feared what the Trump Train might do if they succeeded in stopping the bus or forcing the bus off the road. Plaintiffs were terrified that someone on the bus, or someone else driving on the interstate, would be injured or killed.”

The second lawsuit claims that, as Biden staffers solicited aid from the San Marcos Police Department, they “were failed by the very officials charged with upholding both their safety and their foundational democratic rights.” The plaintiffs allege that they contacted San Marcos police with safety concerns a day in advance of their travels, and that officers declined to provide help when the bus was surrounded on the highway.

A spokesperson said last fall that the San Marcos Police Department had received a request for a police escort, but they couldn’t catch up with the vehicle before it left the city.

The lawsuit contradicts that claim, asserting that officers said they wouldn’t respond unless the campaign was “reporting a crime.”

OK then. Assuming they survive a motion to dismiss, I will be very interested to see what comes out of the discovery process, because the potential is there for this to connect to some public figures. I mean, it sure seems likely to me that what happened didn’t come as a complete surprise to various Republican campaigns and the state and county parties. I will also be interested to see if some fancy high-priced attorneys materialize for the defense. It’s surely best to keep one’s expectations low on this, but the potential is there for some accountability to be had. Here’s hoping.

We do agree that “Greg Abbott” and “disaster” go together well

I just have one question about this.

Over the past year, Gov. Greg Abbott has issued disaster declarations across the state for a number of tragedies: the coronavirus pandemic that killed more than 50,000 Texans, a winter storm that left millions of people in freezing temperatures without power for days, hurricanes and floods that wiped out homes and local infrastructure.

The disaster declarations give the governor broad power to suspend state laws and regulations that hinder a jurisdiction’s recovery from a disaster and to allow the use of available resources to respond to the disaster.

Then, on May 31 the two-term Republican governor who is seeking reelection next year took the unprecedented step of declaring a disaster for 34 counties based on an increase of illegal immigration at the Texas-Mexico border. The declaration allowed Abbott to request the reallocation of $250 million of legislatively appropriated funds toward a border wall construction project pushed by his office.

“It’s extraordinarily unusual,” said Jon Taylor, professor of political science at the University of Texas at San Antonio. “Traditionally, it’s used for natural disasters,” he added, though state law does allow for its use for some man-made disasters.

Abbott’s move raises questions about the executive branch’s emergency powers, rekindling concerns raised during the early days of COVID-19 last year when Abbott used his broad emergency powers to enact restrictions shutting down businesses to curb the pandemic. In response, the Legislature tried without success to rein in Abbott’s authority this session.

But now, critics are questioning whether an increase in illegal immigration constitutes a disaster that merits emergency action by the governor.

State Rep. John Turner, D-Dallas, said Abbott’s use of a disaster declaration to reallocate legislatively appropriated funds to a project from his office stretches the concept of emergency authority “to its breaking point.”

“A governor should not be able to circumvent the legislative process by declaring such matters to be emergencies and then implementing whatever measures he wishes,” Turner said in a statement. “If a governor can commence such a long-term, multi-hundred-million-dollar public works project under the cover of emergency powers, it is difficult to know what the limits of those powers are.”

“I hope the Legislature will reassert its authority and resist this ill-considered action by the Governor,” he added.

See here and here for the background. My question is this: Who’s going to sue, and when will they do it? The Lege is not going to rein in Abbott – he’s not going to put that on the special session agenda, and even if he did the same Republicans who grumbled about his COVID actions are just fine with this. Filing a lawsuit is all that’s left. Maybe it works, maybe it doesn’t – my advice is to hire a better attorney than Jared Woodfill if you want a chance – but that’s the only avenue available at this point. It’s fine by me if there are multiple lawsuits, in both state and federal court. Just, start filing. The longer this charade goes on, the worse it’s going to get.

Feds tell TxDOT to slow down on I-45

On pause for however long.

In two letters released Wednesday — one to the Texas Department of Transportation and another to Harris County leaders — the Federal Highway Administration said it expected Texas officials to halt work [on I-45], including the purchase of needed property, on the $7 billion-plus rebuild of the freeway until more scrutiny of the project’s effects on low-income and minority communities and its environmental toll can be completed.

“This is an incredibly rare step, but it is a rare set of circumstances,” Harris County Attorney Christian Menefee said of the federal decision, noting how TxDOT, in his opinion, cut corners on its environmental assessment.

In a statement, TxDOT spokesman Bob Kaufman said the decision to slow development by FHWA “indefinitely suspends key steps” on a project state and local officials have sought for more than 15 years.

“It’s unfortunate there is an expanded delay on this project, but TxDOT remains fully committed to working with FHWA and local officials on an appropriate path forward ,” Kaufman said. “We know that many in the community are anxious to see this project advance.”

Harris County Judge Lina Hidalgo and Menefee said Wednesday the county remains committed to redesigning the proposal.

“We do need and our community deserves an I-45 project, Hidalgo said. “We also need a project that respects the wishes of the community.”

She said TxDOT for the past two years has ignored suggestions from local officials and groups to make the project more transit-focused and displace fewer people.

“You can’t bulldoze your way to a massive infrastructure project without community input,” Hidalgo said. “You cannot bulldoze your way through the Civil Rights Act.”

[…]

The letters reaffirm a request from federal officials in March that work on the controversial project halt until the concerns over equity and the freeway’s design are addressed. Federal officials sent TxDOT the letter after Hidalgo raised objections in May that the highway agency was acquiring property through purchases and eminent domain.

“We share the concerns raised by your recent letter suggesting that TxDOT is not engaging in the pause and may be proceeding with other aspects of the I-45 project,” wrote Achille Alonzi, FHWA’s division director for Texas.

In a letter to TxDOT Executive Director Marc Williams, FHWA officials said any pause applies to “right-of-way acquisition, including solicitations, negotiations and eminent domain, and final design activities.”

Further, federal officials said they are reviewing its agreement with TxDOT signed in December 2019, that allowed the state transportation agency to approve its own environmental impact study and move forward on the project. Texas and California have authority to approve their own projects, provided they show they complied with federal law. The review, which critics have called an audit, means federal officials will double-check Texas’ process, which could take months.

See here and here for some background, and here for a copy of the letters. I’ve been wondering lately if we’re going to see the likes of Greg Abbott or Ken Paxton get involved in this. I mean, we have local Democratic officials brazenly telling TxDOT that they can’t do their job and build their highway like they’re supposed to, and surely this cannot stand. I’m a little surprised there hasn’t been some pushback from the “only Republican governance is legitimate” crowd before now. And I hope I’m wrong to be worried about this. We’ll see how this goes. The Press has more.