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October 2nd, 2022:

Weekend link dump for October 2

“Whether The Jetsons was a blueprint for the future or simply a prediction of it, it foreshadowed many of the products and services we now use today.”

“Fifty years ago this spring, I was on the original daytime show with Art Fleming in New York.”

Clearly, the lesson here is to not mess with Jon Bon Jovi.

“How Roberto Clemente Harnessed Celebrity To Change America”.

Just a nice story about Bob Keeshan, better known as Captain Kangaroo, as told by Mark Evanier.

“It’s retraumatizing over and over again, and for what? How many movies/shows/documentaries do we need?”

Who is Perla? And where is Perla?

“But current technology can reveal a person’s transgender identity by linking seemingly anonymized information such as their neighborhood and age to discover that their sex was reported differently in successive censuses. The ability to deanonymize gender and other data could spell disaster for trans people and families living in states that seek to criminalize them.”

RIP, NFL Pro Bowl, an event no one really cared about.

“Netflix is no longer pursuing a copyright lawsuit against the creators of The Unofficial Bridgerton Musical.”

Lock him up.

I don’t know if I should be disappointed with Kim Mulkey for her shameful refusal to support Brittney Griner, or if this is always who she was and I’m just now seeing it.

Please don’t be mean to King Charles, The Crown.

RIP, Joe Bussard, music historian who helped preserve a ton of early 20th century American records.

“A subreddit account has decided to do some masterclass trolling in order to test Gov. Greg Abbott with this horrendous law.”

RIP, Coolio, Grammy-winning musician best known for “Gangsta’s Paradise”.

A few alternate email signatures to try.

A classically-trained flute player plays a flute. Some people find a reason to object to that. No, it makes no sense to me either.

RIP, Hector Lopez, two-time World Series champion with the Yankees and the first Black manager in Triple A ball.

Fifth Circuit does its thing with appeal of voter purge case

Get out the rubber stamp.

Still the only voter ID anyone should need

A federal appeals court has ruled that Texas does not need to release details about a list of 11,737 registered voters whom the state has identified as potential noncitizens.

The U.S. Court of Appeals for the 5th Circuit on Thursday reversed a lower court’s ruling in August in which a district judge had found Texas was violating federal law by refusing to release the list.

The appellate court found that the five civil rights groups suing the Texas secretary of state for the list did not have standing to sue. Circuit Judge Edith H. Jones wrote in the ruling that the groups have neither established injury to themselves from the state’s refusal to release the list nor sued on behalf of any voter included on the list who could be harmed.

The coalition “offered no meaningful evidence regarding any downstream consequences from an alleged injury in law under the NVRA [National Voter Registration Act],” Jones wrote. “The lack of concrete harm here is reinforced because not a single Plaintiff is a Texas voter, much less a voter wrongfully identified as ineligible.”

The groups suing the state are the Campaign Legal Center, the American Civil Liberties Union of Texas, the Mexican American Legal Defense and Educational Fund, the Lawyers’ Committee for Civil Rights Under Law and Demos. The groups, which sued the state in February for failing to comply with the NVRA’s public disclosure requirements, sought to hold Texas accountable if it incorrectly misidentified registered voters as noncitizens and disenfranchised naturalized citizens.

“We are disappointed with the court’s opinion and are exploring our options with respect to any next steps,” Molly Danahy, the Campaign Legal Center’s senior legal counsel for litigation, said in a statement. We will continue to monitor potential voter purges in Texas because transparency is vital to a healthy democracy and all citizens deserve to have equal access to the ballot.”

See here and here for the background. I didn’t find any discussion of this in the usual places I look on Twitter, so I don’t know if there’s a hint of merit to the ruling or if it’s wholly made up. Given the recent history of this circuit and that top-level bad actor Edith Jones wrote it, you can probably guess what I think. The Fifth Circuit not only gets no benefit of the doubt from me, they get a presumption of doubt. This is simply not a legitimate court, and this wasn’t even their worst ruling of the week. Burn it all down.

The Paxton subpoena-fleeing saga gets more ridiculous

Because of course it does.

Best mugshot ever

Lawyers in an abortion lawsuit tried for days to subpoena Attorney General Ken Paxton before sending a process server to his home Monday, and notified his office that their server was there before Paxton fled in a truck driven by his wife, according to court records detailing the communication.

Paxton said he left his house in a truck driven by his wife, state Sen. Angela Paxton, because a “strange man” made him fear for his safety; his attorneys say they didn’t know he’d be served the subpoena at his home.

U.S. District Judge Robert Pitman quashed the subpoena on Tuesday, but attorneys for the plaintiffs have asked him to reconsider and require Paxton to testify. Pitman has not yet ruled on that motion, or the merits of the case, which concerns whether nonprofit groups, known as abortion funds, can help Texans pay to get abortions out of state.

The lawsuit, filed in federal court in August, names Paxton as one of the defendants, and the plaintiffs sought to call him to testify at the preliminary injunction hearing Tuesday.

Four days before the hearing, on the morning of Friday, Sept. 23, Austin attorney Elizabeth Myers emailed assistant attorney general Amy Hilton, saying that since it was not clear whether Paxton intended to be at the hearing, they were going to issue a subpoena out of “an abundance of caution.”

“I assume you’d like for us to serve that through you, but will you please confirm by noon today that you will accept service,” Myers wrote. “Otherwise, we’ll start the personal service process. I’d really prefer not to have to do that, of course.”

Hilton did not confirm whether they could accept the subpoena on Paxton’s behalf, so the lawyers had a process server deliver the subpoena to Paxton’s office Friday afternoon, emails indicate.

But on Sunday, attorneys from the Texas attorney general’s office told Myers that the subpoena was invalid because it was served through Paxton’s office but sought to depose him in his individual capacity, according to the plaintiffs’ motion before Pitman.

Attorneys for the state said that Paxton would be represented in his official capacity at the hearing by assistant attorneys general, and “declined to clearly indicate whether they would accept a revised subpoena,” according to that motion.

“Myers then indicated that this meant General Paxton needed to be served personally, and Ms. Myers asked if General Paxton’s counsel knew where General Paxton was so that he could be located and served,” the filing reads.

The representatives from Paxton’s office declined to provide that information but said they would determine whether they could accept a subpoena on his behalf, the filing says. By Sunday evening, though, Hilton said they did not yet have an answer for the plaintiffs’ legal team.

“Please let me know ASAP if you are authorized to accept service so I can adjust our process server instructions,” Myers wrote in an email sent Sunday at 6:50 p.m.

The attorney general’s office acknowledged in a motion filed Tuesday that they were aware that the plaintiffs’ attorneys were going to attempt to serve Paxton with a subpoena. But they did not know that that meant they “intended to attempt personal service on Ken Paxton at his private residence.”

See here and here for the background. The story goes on from there, with the plaintiffs trying to get an answer from the AG’s office about how best they can do this totally normal procedural thing and getting stonewalled, then a flunky from the AG’s office whining about the plaintiffs doing what they said they would do if they couldn’t get an answer from them. It’s a level of clownishness from the AG’s office that even I hadn’t expected from them, which probably means I need to recalibrate my cynicism again. There was a time when I would have wondered if the people who keep defending Ken Paxton might be feeling even a little bit of shame at these displays, and then I remember that those people haven’t felt any shame since at least 2015, so there you have it. I don’t know what else there is to say.

More on the lawsuit against True The Vote

NPR takes a deep dive.

Konnech, a small Michigan company that makes election logistics software, says a “smear campaign” whipped up by the controversial group True the Vote has led to death threats and forced the company’s CEO to leave home in fear for his and his family’s lives. The company believes a driving force behind the threats is xenophobia; Konnech’s CEO immigrated to the U.S. from China in the 1980s and became an American citizen in 1997.

In the past, the executive of a relatively unknown company might have chosen to ignore such claims to try to deprive them of attention.

But in the wake of the conspiracy-fueled Jan. 6, 2021 attack on the U.S. Capitol, and in the era of QAnon and Pizzagate — bizarre and baseless theories that have contributed to very real violence — that strategy may no longer be tenable. The experience of the election technology company Dominion Voting Systems, which became the target of widespread conspiracy theories about the 2020 election, also underscored how wild claims could significantly damage a company’s business.

Just a few weeks after accusations against the company first surfaced, Konnech turned to the federal courts and filed a lawsuit. Konnech was “not going to take any chances and felt very strongly that it needed to act and act quickly,” said Jon Goldberg, a company spokesperson.

Konnech, which makes scheduling software for poll workers, joined a growing number of election officials and companies that have used defamation law to try to fight back against election-related conspiracies.

[…]

At an event in August dubbed “The Pit,” Engelbrecht and Phillips unveiled what they called the “Tiger Project,” which focused on Konnech. In interviews with far-right podcasters, Phillips has spun a cloak-and-dagger story that he compared to a James Bond movie, in which he helped uncover a supposed Chinese plot to infiltrate American elections.

In Phillips’ telling, he first heard about the company from “my guys” — unnamed “colleagues and friends” who invited him to their room in the Hilton Anatole hotel in Dallas one late night in January 2021.

“I get there and they’re putting towels, rolled up towels, under the doors and you know, and all my guys are armed,” Phillips said on the podcast “1819 News.”

Phillips said his colleagues showed him personal information for 1.8 million American poll workers, including “name, address, date of birth, Social Security number, banking information,” which supposedly was held on a server in China.

Konnech maintains that this claim is entirely false, and that all of its data on American customers is stored solely in the U.S.

After seeing this presentation, Phillips claims that he and Engelbrecht brought Konnech’s data to the FBI, which he claims then worked with them for more than a year on a supposed “counterintelligence” operation looking into Konnech. At one point, Phillips said he had a “secret squirrels” meeting with the FBI in Milwaukee to share information. Eventually, however, the FBI “completely betrayed us,” Phillips said, and told True the Vote that they were themselves under scrutiny from law enforcement.

True the Vote has not publicly provided evidence to support the claim of a “counterintelligence” operation along those lines, nor has NPR found any corroboration. The FBI did not respond to a request for comment.

See here for the background and be sure to read the rest. I love the idea that these clowns thought they were reporting a crime to the FBI when in fact they were telling on themselves. I just hope it leads to the conclusion that we all want to see.

White Oak bike trail extension: I think we’re done now?

When we last looked about a month ago, it was clear that the construction on the White Oak Bike Trail extension was almost done, as there was just a small amount of concrete to be poured to connect the trail to the existing MKT Trail. As of last weekend, when these pictures were taken, it seems that at least the concrete work is now finished.

HeightsTrailExtensionReallyAlmostDone

You can see two things of interest in this picture. One is that the concrete trail is now farther along – more on that in a minute – and two is that there is no longer a dirt trail dug for construction equipment to access the more southern parts of the extension. What you see to the left (south) of the trail is the dirt (and eventual grass that will cover it) being smoothed back into place. This has a much more finished look to it than what we saw a month ago.

That picture was taken from the overpass on Studewood. I moved over to the MKT Trail to get a better look from the other side. Here’s the last bit of concrete that was poured:

HeightsTrailExtenaionMostRecentProgress

And as of the previous weekend, here’s the last bit that was still to be poured, at least as far as the trail itself was concerned:

HeightsTrailExtensionLastBit

The Heights Trail extension connects with the MKT Trail just west of the MKT Bridge, To my left as I took this picture there was a box about eight or ten feet square that had rebar in it and was clearly awaiting some concrete. It was not attached to either trail and it had workers all around it so I didn’t get a picture. Maybe next time. I couldn’t say offhand what that box was for, but once it’s done it may be obvious to me.

In case you’re wondering where all the construction equipment was at that time:

HeightsTrailExtensionConstructionEquipment

As you can see, that dirt path is parallel and right next to the MKT Trail, and it is curving onto Frasier Street, which we have discussed before. The fate of that connection to Frasier Street was still not clear to me at that time, but I’m a little worried:

HeightsTrailExtensionAtFrasier

Initially, and even as of a month ago, that looked like a connection from Frasier Street to the MKT Trail, which I assumed from the beginning would eventually be paved over and become a part of the trail system. Now I’m not so sure. It’s not vital – you can still get there even if you have to cross over grass or mud or whatever, and a block farther west you can access the trail directly from Oxford Street. It’s just that this is a little closer to Studewood, so if you’re coming from that side it’s more convenient. From my perspective as someone who lives on the other side of Studewood, I would just use the Heights trail extension now if I intended to get onto the MKT Trail. All I’m saying is we’re here, we have the equipment, adding just a little more concrete would make it just a little easier for some folks to access the trail, so why not do it? I’ll see what it looks like once it’s clear that the construction is officially over. I hope there will be a ribbon-cutting of some kind to celebrate the completion of this task. If not, I’ll just celebrate it here.