Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Texas’

… What was She Thinking ? [#Fredericka Whitfield][#CNN]…

Posted by paulfromwloh on Thursday,May 12th,2016

.. what a boneheaded stunt by ” Freddie ” …

.. what a colossal blunder ..

.. the other week , there was a ” lone wolf ” assault on the HQ of the Dallas P.D. . Yes , the Dallas P.D. . This guy came armed and packin ‘ ..

.. [h/t — Newsbusters.org]..
.. [link] to the blog post ..

.. amazingly enough , on air , CNN ‘ s Fredericka Whitfield called the actions ” courageous and brave , if not a bit crazy . ”

.. what the hell must she have been thinking , for God ‘ s Sake . What she said was unpardonable and unforgivable …

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… on Robert Durst [#Oops]…

Posted by paulfromwloh on Sunday,May 1st,2016

.. uh , someone should have kept his big mouth shut .

.. judge Jeanine Pirro has been on this case since the series [ HBO’s ” the Jinx “] premiered . More so since the case and Durst originally cam from her neck of the woods 15 years ago . She originally prosecuted this guy , and somehow he managed to get off ..

.. [h/t — WashingtonComPost.com]..
.. [link] to the blog column …

.. now Durst is in jail , and is on his way back to California . May he rot in hell ….

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… In the 5th Circuit , the Government Just Missed … [#Texas v US]…

Posted by paulfromwloh on Friday,October 9th,2015

.. getting its butt kicked in court .

.. Why not ? Simple — His Lordship ‘ s antics on DAPA and DACA are that important , and deserve a full and public airing . boy , oh boy , was the judge ever pissed . That advisory that came through at the pleadings at the beginning of March [March 4th , to be specific] landed like a lead balloon in Judge Andrew Hanen ‘ s court . . So , now what ???

.. [h/t — WashingtonExaminer.com]…
.. [link] to the blog column ..

.. the has to know what is going on . Judge Hanen stopped just short of what is known as ” striking ” the government ‘ s case . What does that mean ? GAme , set , and match . If the government ‘ s case [and its pleadings] were ” stricken , ” then goodbye case . You could forget about any appeals to anywhere , including to SCOTUS …

.. because of the importance of the case , the case was not stricken . But the judge still can act to strike the case , if he finds more evidence of government misconduct . Especially if the misconduct goes much further up the line in the Department of InJustice , or even into the ObamaCrap White house …

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… States can Set some Limits [#vanity license plates]…

Posted by paulfromwloh on Thursday,May 14th,2015

.. but Texas really goofed on this one ..

.. States should be able to set some simple guidelines , ones that everyone has to follow . One is a minimum [reasonable] number , or one that is financially guaranteed by a bond by the group in question . Subject material is another …

.. [h/t — TruthRevolt]..
.. [link] to the blog news post …

.. States are notorious for their censorship of license plate messages . They are especially on the hunt for ones that are obscene , no matter what the language . California got filleted recently for letting one through that was patently obscene , but in Vietnamese . San Jose [Ca] is a heavily Vietnamese area , and they easily understood the meaning , one that Caltrans definitely whiffed on . So , they do not like them …

Sons of Confederate Veterans [Texas] license plate

.. But , censoring one like this for the Sons of Confederate Veterans is going a bit too far . It is clearly not obscene . A flag is clearly within good taste . So , Texas , what gives ?? …

.. The Supremes are going to fix this issue for Texas and many other states , and , if need be , set some rules , if the legislature does not beat them to it …

Posted in legal question, moral action, moral question, personal opinion | Tagged: , , , , | Leave a Comment »

… I hope the States will Go after the Feds [#illegal immigration]…

Posted by paulfromwloh on Sunday,August 17th,2014

.. what is happening on the border and on the interior is immoral and outrageous . That the federal government is complicit in these procedings is evil …

.. [h/t — Newsmax]..
.. [link] to the blog news ..

.. I hope that the states group together and go after the Feds . The current lawsuit by border patrol agents against the Federal Government [Crane v Napolitano would be the perfect vehicle . The states could join in as plaintiffs , if the border patrol union agreed . if the Feds (our Feds , not the Mexican Federales) are stupid enough to appeal this critical legal case , then they deserve every bit of legal hell that they would get from the judiciary .

.. Right now , Crane is at the Fifth Appeallate Circuit , where the Government lost . They have a certain amount of time to decide what they want to do . Appealing would be dangerous . Not appealing would be even more dangerous . So , it is damned if you do , and damned if you don’t ..

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… This is Something that His Lordship will not Do … [#visit the border]…

Posted by paulfromwloh on Wednesday,July 9th,2014

.. he may or may not appreciate the symbolism .

.. I would think that he does so .

.. the press corpse would be with him …

.. [h/t — WashingtonFreeBeacon]..
.. [link] to the comments …

.. Congressman Cuellar has guts . He sees the problem . He also comes from a strongly Latino district . I also think he appreciates the political and moral danger to the DemoCraps and POTUS because of this crisis …

.. POTUS is too chicken , because the Press Corpse video would make it back into political commercials by folks of all stripes . This president is a Wuss , First Class . He does not make the gutsy political call …

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… What are They Thinking ?!?! [#dumping illegal immigrant kids in Az]…

Posted by paulfromwloh on Wednesday,June 25th,2014

.. you heard it right .

.. the Feds [no , not the Mexican Federales] (our Feds) are dumping illegals at bus stops in Arizona .

.. I have always had an innate belief in Sheriff Joe Arpaio . He is one tough customer . He is an old – school lawman . He does not mess around . He tells it how it is … My belief is even stronger now …

.. [h/t — Newsmax]..
.. [link] to the blog post ..

.. Arizona ‘ s counties are as large as you can imagine . They are , on average , around 9,000 to 9,600 square miles each . Arizona has 15 counties , unlike my home state of Ohio [of similar size] , which has 88 . Their sheriffs and their departments have a lot of ground to patrol , so they are wired into stuff like this . Ohio is in the Great Lakes , and borders Canada , which is peaceful . Arizona is in the Southwest , and borders Mexico . Their border is not peaceful , not at all . So , guess who I believe ?

.. the Feds ? , or Sheriff Joe ?

.. easy call –> Sheriff Joe Arpaio , by a mile …

Posted in body of law, geopolitics, illegality, immigration, personal opinion | Tagged: , , , , , , | Leave a Comment »

… C.P.A.C. — Governor Rick Perry [R-Tx] …

Posted by paulfromwloh on Wednesday,March 12th,2014

.. here is the C.P.A.C. speech by Texas Governor and possible future Republican Presidential candidate Rick Perry [R-Tx] …

.. [h/t — theDaleyGator]..
.. [link] to the speech video …

.. unlike most candidates , Perry is going to have one hell of a record to run on , plus he will likely have turned over Texas to another Republican (Greg Abbott) . He will have left Texas in great financial shape , and have done so as well in great philosophical shape , as well .

.. Perry will have a great deal of work to do . Unlike the other possibles , he would need to show that he has lived down his bombing in debates reputation . He never did it back home in Texas , but he did on the big stage . If he wants to be considered for the big job , he will have to work his buns off for it . But , if he wants it , he just may well have another credible shot at it …

Posted in communications strategy, personal opinion, political agenda, political opinion, political strategy | Tagged: , , , , , , , , , | Leave a Comment »

… Bravo , Project Veritas …

Posted by paulfromwloh on Thursday,November 21st,2013

.. James O ‘ Keefe , you sly dog , you struck again !

[h/t — National Review // Eliana Johnson]

[link] — this is a video link of Project Veritas (and O ‘ Keefe) nailing Enroll America …

.. Boy , and how . This is not just about the ” navigators ” who are ” enrolling ” people in ObamaCrapCare . This one is about Enroll America , the leftovers from OfA ‘ s campaigns (both 2008 and 2012) .

.. These knuckleheads gather this information from people in ” targeted ” areas . They are suppossed to send that information on to the navigators for use in the enrollment process . You may wonder what happens with that information , then ?

.. It becomes a political goldmine , so to speak , for Enroll America . They can then deal with it with whom they so choose . That is a problem . A very serious problem . for which Project Veritas has a ready solution …

.. the ” disinfectant ” of the spotlight …

Posted in intelligence, Investigative, personal opinion, politics, public affairs | Tagged: , , , , , , , , , , , , , | Leave a Comment »

… Excellent (Pro Life Decision in Texas) …

Posted by paulfromwloh on Tuesday,November 5th,2013

… from CNSnews …

AUSTIN, Texas (AP) — A federal appeals court on Thursday ruled that most of Texas’ tough new abortion restrictions can take effect immediately — a decision that means a third of the state’s clinics that perform the procedure won’t be able to do so starting as soon as Friday.

A panel of judges at the 5th Circuit Court of Appeals in New Orleans said the law requiring doctors to have admitting privileges at a nearby hospital can take effect while a lawsuit challenging the restrictions moves forward. The panel issued the ruling three days after District Judge Lee Yeakel said the provision serves no medical purpose.

In its 20-page ruling, the appeals court panel acknowledged that the provision “may increase the cost of accessing an abortion provider and decrease the number of physicians available to perform abortions.” However, the panel said that the U.S. Supreme Court has held that having “the incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate” a law that serves a valid purpose, “one not designed to strike at the right itself.”

The panel left in place a portion of Yeakel’s order that prevents the state from enforcing the U.S. Food and Drug Administration protocol for abortion-inducing drugs in cases where the woman is between 50 and 63 days into her pregnancy. Doctors testifying before the court had said such women would be harmed if the protocol were enforced.

After Yeakel halted the restrictions, Texas Attorney General Greg Abbott had made an emergency appeal to the conservative 5th Circuit, arguing that the law requiring doctors to have admitting privileges is a constitutional use of the Legislature’s authority.

“This unanimous decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women,” Abbott, a Republican who is running for governor, said in a written statement.  Lawyers for Planned Parenthood and other abortion providers had argued that the regulations do not protect women and would shut down a third of the 32 abortion clinics in Texas.

Twelve of Texas’ abortion clinics won’t be able to perform the procedure starting as soon as Friday.  In a statement Thursday, Planned Parenthood said the appeals court decision means “abortion will no longer be available in vast stretches of Texas . ”        “This fight is far from over,” Planned Parenthood President Cecile Richards said in the statement. “This restriction clearly violates Texas women’s constitutional rights by drastically reducing access to safe and legal abortion statewide.”

The court’s order is temporary until it can hold a complete hearing, likely in January.

.. LEC again here — Excellent news out of Texas — the activist witch district court judge ‘ s ruling was struck down . Only in part , for now . When the case comes up for argument in front of the appeallate court panel in January (presumably , in front of the same judges) , the case can likely come after the entire district court ruling . The fact that the same judicial panel will hear the case bodes well for the subject material at hand …

Posted in constitutional opinion, personal opinion | Tagged: , , , , , , , | Leave a Comment »

… Calling Ronnie Earle to Account …

Posted by paulfromwloh on Saturday,September 21st,2013

.. Ronnie Earle is , of course , the infamous former prosecutor of Harris County , Texas . Harris County in Texas is , to the uninitiated , the county where the metropolitain area where the city of Houston is located .

.. Earle became the bete noir of conservatives for going after former House majority leader Thomas Delay in his money

English: Former Travis County DA Ronnie Earle ...

English: Former Travis County DA Ronnie Earle speaks at a panel on ethics and government at Netroots Nation in Austin, Texas in July, 2008. (Photo credit: Wikipedia)

laundering and corruption trial . Delay was eventually found guilty at trial , and was sentenced to 3 years in jail . However , the sentence was stayed , pending appeal . And , now , basicallly , Delay has been cleared by an appeallate court in Texas . Even if prosecutors in either Travis County [Austin , the state capitol] or Harris County [Houston] wanted to retry Delay , they cannot . The finding by the appeals court means double jeopardy has attached . No criminal retrial is possible , at all .

.. The directed finding by an appeallate court is rare , in any state . The decision to try or not to try a potential defendant is made by a prosecutor . When a judge , an Appeals Court , or a Supreme Court enter into the process , it is a very big deal . They are taking action , usually either because there is insufficiency of the evidence , or that there has be prosecutorial misconduct . It is usually one or the other . it is even more rare for both to be present . In the case with Ronnie Earle , Oh Boy , is it ever present …

For those who may have forgotten these long-ago events, Mr. DeLay was first accused by Mr. Earle, the chief prosecutor of Travis County, Texas, of conspiring to violate Texas campaign laws. That indictment immediately was challenged because, even if there had been sufficient evidence of wrongdoing — which there emphatically was not — it would have necessitated prosecuting Mr. DeLay for violating a law that had not yet been passed at the time he was alleged to have broken it, a clear violation of the constitutional ban on ex post facto prosecution. Knowing that his indictment was doomed, Mr. Earle scrambled to convene a new grand jury in order to secure additional charges. The second grand jury refused to cooperate and rejected Mr. Earle’s plea for a second indictment, issuing what is called a “no bill,” meaning a formal refusal to indict based on the evidence presented. Under normal Texas procedure, a no-bill document is made public on the day it is issued; Mr. Earle schemed to keep the grand jury’s rejection of his case secret until he could convene yet another grand jury. He found a brand-new one that had just been seated and, with the statute of limitations hanging over his head, wrung out of them indictments on charges of money laundering and conspiracy to commit money laundering after only a few hours of presenting his evidence. The refusal of the second grand jury to indict was kept secret until the third grand jury had done so. Mr. DeLay’s attorneys filed a formal complaint of prosecutorial misconduct, including the use of coercive and misleading measures in the matter of the third grand jury.

.. To charge Mr. DeLay with money laundering and conspiracy to commit same was a desperate maneuver never destined to stand up to final judgment. That is because to be guilty of money laundering, one must be guilty of producing the money in question through some prior felony offense. There was never any serious evidence that Mr. DeLay had done so. His alleged wrongdoing under campaign-finance laws consisted of using corporate “soft money” donations to offset “hard money” campaign donations in order to circumvent the Texas law prohibiting direct corporate contributions to political candidates. Never mind that Mr. DeLay was never convicted of any such offense — indeed, never mind that such an offense is not criminal — there was never any evidence that he had even come close to committing such a violation. The court had just thrown our Mr. Earle’s first indictment alleging that he had. That act itself should have eliminated any trial whatsoever , including the possibility of another indictment . It is the definition of double jeopardy .

.. Delay ‘ s conviction was a product of judicial incompetence at the trial-court level . It was also attested to by Justice Goodwin’s opinion. The jury, justifiably confused about how Mr. DeLay could be convicted of money laundering without an underlying crime producing dirty money to be laundered, sent the judge a question: “Can it constitute money laundering if the money wasn’t procured by illegal means originally?” Justice Goodwin again: “The proper answer to the question is ‘no.’ The jury’s question about the law was not answered, however.” Which is to say, the judge refused to answer an explicit jury inquiry about the fundamental legal question at stake in the case.

.. Judges are generally not required to answer questions all that often . However , when the needs of justice demand it , and the rights of the defendant are at stake , a judge should answer a jury ‘ s question . In the Delay case , the jury asked an explicit question about the law at question in the case . The jury itself was confused . The judge should have acted to clear up the confusion He did not . Doing so denied Delay the bounds of fundamental procedural due process .

.. Earle, who was hot off an earlier failed attempt to use his office to engage in a similar political persecution of Senator Kay Bailey Hutchison, promptly put Mr. DeLay’s scalp at the end of his lance and began considering a run for governor or attorney general. In the event, he would run for lieutenant governor and be defeated in the Democratic primary. He has since lapsed into well-deserved obscurity. Not quite yet . He yet needs to be called to account .

.. Tom Delay is not a criminal. On the other hand, his defense team’s complaint alleging criminal misconduct on the part of Mr. Earle is persuasive. Unhappily, the same Democratic single-party rule in Travis County (Austin and environs) that allowed Mr. Earle’s circus of a case against Tom DeLay to proceed in the first place ensured that he was never held to account for his gross and shameful abuse of the public trust.

.. You want a prosecutor to carry out their job , without little fear of retribution . Where there is fear of retribution is where it should be , is in the violation of the civil rights or the due process rights of the defendant and / or the defence . In Delay ‘ s case , it was both . Earle must be called to account for his actions . He has committed misconduct in office , gross abuses of power , and other offenses . Which ones remain to be determined . But they do need to be investigated , and thoroughly .

.. Also , either Delay ‘ s defence team or the State of Texas should file a Civil Rights complaint with the relevant U.S. Attorney . There is next to no hope that the Department of InJustice in Washington , D.C. will treat Delay fairly . There is at least some hope that if it is done either in Texas , or is done with the U.S.Attorney in D.C. (under the supervision of the D.C. courts) , the ability of Main InJustice to play around with the case can be minized ..

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… Tom Delay is Vindicated , While the State of Texas is Shamed …

Posted by paulfromwloh on Saturday,September 21st,2013

.. It is a scandal that there has been and will be no serious jail time in the matter of former Republican majority leader Tom DeLay — not obviously for Delay , but for Ronnie Earle, the hyperpartisan Democratic prosecutor whose risible case against DeLay has just been finally thrown out by the Third District Texas Court of Appeals, richly deserves to be measured for an all-orange wardrobe. After eleven years, the matter of Mr. DeLay’s fund-raising in the 2002 election cycle has been finally put to rest, with Mr. Earle’s case having been vivisected by Justice Melissa Goodwin, who in her quietly scathing opinion did not bother even to consider six of the eight points raised by Mr. DeLay’s defense, finding the first two sufficient to snuff out what is in theory a prosecution but is in fact a persecution.

.. To charge Mr. DeLay with money laundering and conspiracy to commit same was a desperate maneuver never destined to stand up to final judgment. That is because to be guilty of money laundering, one must be guilty of producing the money in question through some prior felony offense. There was never any serious evidence that Mr. DeLay had done so. His alleged wrongdoing under campaign-finance laws consisted of using corporate “soft money” donations to offset “hard money” campaign donations in order to circumvent the Texas law prohibiting direct corporate contributions to political candidates. Never mind that Mr. DeLay was never convicted of any such offense — indeed, never mind that such an offense is not criminal — there was never any evidence that he had even come close to committing such a violation. The court had just thrown our Mr. Earle’s first indictment alleging that he had. That act itself should have eliminated any trial whatsoever , including the possibility of another indictment . It is the definition of double jeopardy .

.. Delay ‘ s conviction was a product of judicial incompetence at the trial-court level . It was also attested to by Justice Goodwin’s

Tom DeLay, former member of the United States ...

Tom DeLay, former member of the United States House of Representatives. (Photo credit: Wikipedia)

opinion. The jury, justifiably confused about how Mr. DeLay could be convicted of money laundering without an underlying crime producing dirty money to be laundered, sent the judge a question: “Can it constitute money laundering if the money wasn’t procured by illegal means originally?” Justice Goodwin again: “The proper answer to the question is ‘no.’ The jury’s question about the law was not answered, however.” Which is to say, the judge refused to answer an explicit jury inquiry about the fundamental legal question at stake in the case.

.. Judges are generally not required to answer questions all that often . However , when the needs of justice demand it , and the rights of the defendant are at stake , a judge should answer a jury ‘ s question . In the Delay case , the jury asked an explicit question about the law at question in the case . The jury itself was confused . The judge should have acted to clear up the confusion He did not . Doing so denied Delay the bounds of fundamental procedural due process .

.. Earle, who was hot off an earlier failed attempt to use his office to engage in a similar political persecution of Senator Kay Bailey Hutchison, promptly put Mr. DeLay’s scalp at the end of his lance and began considering a run for governor or attorney general. In the event, he would run for lieutenant governor and be defeated in the Democratic primary. He has since lapsed into well-deserved obscurity. Not quite yet . He yet needs to be called to account .

.. Tom Delay is not a criminal. On the other hand, his defense team’s complaint alleging criminal misconduct on the part of Mr. Earle is persuasive. Unhappily, the same Democratic single-party rule in Travis County (Austin and environs) that allowed Mr. Earle’s circus of a case against Tom DeLay to proceed in the first place ensured that he was never held to account for his gross and shameful abuse of the public trust. Mr. DeLay did not earn his nickname, “The Hammer,” for being a nice guy, but the attempt of Texas Democrats to criminalize politics, and the decade-plus persecution of Mr. DeLay that resulted from it, is an act of corruption in the most literal sense of that word, eroding the legal and political institutions that enable democratic self-rule in a constitutional republic. Mr. DeLay has cause to celebrate today, but for the rest of us this matter, even though properly resolved at last, is a cause for nothing but shame.

.. the Texas Supreme Court and Texas Attorney General ‘ s office need to investigate this entire proceeding . Tom Delay is from Houston . How this case was transferred from Harris County (where the case should have been judged) to Travis County (where it was ultimately adjudicated) is the height of outrageous . Delay deserved a jury of his peers . In Travis County , he did not get them . Also , the conduct of Ronnie Earle needs to be thoroughly investigated . No matter where he may be , Earle needs to be held to account for his actions . Also , it needs to be handled at the state level . That way , no prosecutor who has any designs of repeating Earle ‘ s exercise will be made to think twice . Once Earle is hauled before the dock , prosecutors will understand their offices and their powers theirin are not a hunting license to go after political enemies with a free range license to destroy them .

.. If someone has indeed committed a crime , then evaluate the case . Then , only after the decision , then go after the person . But  , not because they are an enemy . It is because they may well have committed a crime , and deserve to be brought to account before the bar of  Jusice . It is clear that Delay was not a criminal , did not commit a crime , and the law he was accused of breaking was not a law at the time he was accused of breaking it . Only in rare circumstances should a prosecutor be hauled into the dock . If they have done what Ronnie Earle did , then they deserve to be .

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… Tom Delay : Cleared !! [Excellent !] …

Posted by paulfromwloh on Saturday,September 21st,2013

.. Tom Delay got the relief that he was seeking from Texas . The 3rd Circuit Texas Court of Appeals body – slammed the prosecution of Delay in its opinion …

LEC here — Appeals Courts and Supreme Courts generally do not enter in and order acquitals . When they do so , it is a very , very big thing …

.. Their usual modus operandi is to overturn the conviction . The basis that they use to overturn the conviction is then evaluated

Tom Delay

Tom Delay (Photo credit: Wikipedia)

by the relevent prosecutor ‘ s office . It is that office that then makes the decision on whether or not to retry an offender . When a court takes that decision away , it means to me that the prosecutor and his or her office has really , really screwed up . The court has to act to step in to guarantee that the prosecutor does not go off on another fishing expedition in a criminal prosecution …

[h/t — hotair.com]
Appeals court overturns DeLay conviction, acquits him

posted at 12:01 pm on September 19, 2013 by Ed Morrissey

For the second time in the last few years, a high-profile corruption prosecution against a Republican member of Congress has collapsed. This time, it’s Tom DeLay that gets to celebrate, as an appeals court not only overturned his conviction but ordered an acquittal:

A Texas appeals court has overturned the money laundering conviction of former U.S. House Majority Leader Tom DeLay.

The Texas 3rd Court of Appeals said in a 2-1 ruling on Thursday that DeLay had been acquitted. DeLay was sentenced to three years in prison, but his sentence was on hold while his case made its way through the appellate process. …

In Thursday’s tom-delay-appeal-doc, the judges wrote “we reverse the judgments of the trial court and render judgments of acquittal.”

Unless the state appeals the ruling, this means that DeLay cannot be retried on the charges. The court could have ordered a new trial if it restrained its scope to just procedural issues. However, the court apparently believed that the prosecution simply couldn’t make a case for wrongdoing, and as a result took the relatively rare step of overturning a jury’s findings on guilt.

Their opinion makes it clear that the court had little regard for the state’s case:

Given the testimony of the corporate representatives and the undisputed facts that the corporations could lawfully make donations to TRMPAC and TRMPAC could lawfully transfer the corporate funds out of state, the State failed to prove the “applicable culpable mental states” for the donating corporations to support a finding of criminal intent by the corporations. See Ex parte Ellis, 309 S.W.3d at 90. 1

To support its position that the majority of corporate contributions violated the Election Code by not expressly designating a lawful use of their donations to TRMPAC, the State focuses on the following clause from the opinion in Ex parte Ellis: “there is no such thing as a legal undesignated corporate political contribution.” Id. at 88. We believe that the State takes this clause out of context. In that case, the court was addressing constitutional challenges to the Election Code. The clause cited by the State was made during the court’s examination of section 253.100, the section of the Election Code addressing the establishment of a general-purpose committee by a corporation and in response to a possible suggestion made by this Court. …

The State’s primary argument at trial was that the Election Code violation that generated criminal proceeds was the “agreement” between DeLay and others to the combined transfers of funds, i.e., the money swap of soft money for hard money. The State argued in its final argument: “[T]he moment that the decision was made to send the soft dollar check up to Washington D.C. with the intent that it ultimately go to candidates for elective office is the moment that this money became proceeds of criminal activity.” Relying on the use of the word “indirect” 13 in the Election and Penal Code statutes at issue, the State argues that the “agreement” to the combined transactions itself was an illegal contribution and thus the corporate funds sitting in TRMPAC’s bank account at the moment of the agreement became the proceeds of criminal activity. See Tex. Elec. Code § 251.001(2) (defining “contribution” to include “indirect transfer of money” and “agreement . . . to make a transfer”). However, the State fails to explain how the funds already in the bank account resulted from the subsequent money-swap agreement. See Tex. Penal Code § 34.01(4) (defining “proceeds” to include “funds acquired or derived directly or indirectly from, produced through, or realized through . . . an act”). Further, to support this argument, the State disregards the distinction between soft and hard money accounts as irrelevant, arguing: “The fact that the funds were not commingled is simply irrelevant in light of the explicit one-for-one exchange which was negotiated in this case.” But in the context of the campaign finance regulations, maintaining separate, segregated bank accounts for soft and hard money is recognized and accepted as legitimate.

The court also attacked the core of the case, the alleged conspiracy to violate election law, emphasis mine:

We also question the validity of the State’s “agreement” theory. It was not a crime to conspire to violate the Election Code in 2002. See Colyandro, 233 S.W.3d at 870–71, 885. And, even if it was, the evidence does not support a finding that there was an “agreement” to illegally transfer corporate money to Texas candidates. There was no evidence that TRMPAC or RNSEC treated the corporate funds as anything but what they were, corporate funds with limited uses under campaign finance law. Rather, when viewed in the light most favorable to the verdict, the evidence showed an agreement to two legal monetary transfers: that TRMPAC transfer corporate money to RNSEC for use in other states and not in Texas in exchange for RNSEC transferring funds to Texas candidates out of a hard money account. Rather than supporting an agreement to violate the Election Code, the evidence shows that the defendants were attempting to comply with the Election Code limitations on corporate contributions.

But even if that were true, the court ruled, there was no core crime to begin with:

Finally, even if we were to conclude that the corporate donations to TRMPAC or the agreement itself to the series of money transfers violated the Election Code, the State’s charges as stated in the indictment were tied to the transfer from RNSEC to the seven Texas candidates. As stated above, the RNSEC issued the checks to the candidates from a separate, segregated account—a hard money account—which did not include corporate money.

The conclusion? DeLay didn’t commit a crime at all, and the conviction resulted from poor jury instructions:

Based on the totality of the evidence, we conclude that the evidence presented does not support a conclusion that DeLay committed the crimes that were charged. See Williams,235 S.W.3d at 750; see also United States v. Grossman, 117 F.3d 255, 261 (5th Cir. 1997) (concluding that evidence legallyinsufficient to sustain conspiracycount where evidence was legally insufficient to sustain substantive counts forming basis for object of conspiracy); United States 21v. Mackay, 33 F.3d 489, 494 (5th Cir. 1994) (“A conspiracy conviction requires proof of an agreement to commit a crime.”). The fundamental problem with the State’s case was its failure to prove proceeds of criminal activity. We sustain DeLay’s first and second points of error.

Due to our resolution of these two grounds, we do not reach DeLay’s remaining points of error. Because we conclude that the evidence was legally insufficient to support DeLay’s convictions, we reverse the judgments of the trial court and render judgments of acquittal.

=======================================================================================================

Quite frankly, that deconstruction is so complete that it would be difficult to imagine the Texas Supreme Court overturning any of it — and a successful appeal would have to hope that the court overturns all of it, or at least enough to get a new trial. I’d predict that the directed verdict of acquittal will send a strong enough message to dissuade prosecutors from trying it again.

DeLay joins the late Ted Stevens as two members of Congress recently prosecuted for corruption to be later vindicated in appeals to original convictions. William Jefferson, who was prosecuted in the same time frame, lost all of his appeals and will be in prison for at least the next ten years. The man who should be under scrutiny now is Ronnie Earle, whose years-long legal grudge match against DeLay and other Texas Republicans has been thoroughly discredited by the appellate court.

.. LEC here again — I do not know what has become of Ronnie Earle . If  he is smart , he should have left the state of Texas . If he has not , he should prepare to get his sorry rear end dragged into court . Except , this time , he will be in the dock . His law license will be at stake  …

.. for those idiots in the media . It was not just a reversal of the conviction . There was never a crime to begin with , you morons . Read the above , and the legal opinion in the case . Delay was adjudged not guilty , so he cannot be tried again in a court of law again . Ronnie Earle can , however , for misconduct in office , among other charges , and also for violation of Delay ‘ s civil rights . It would be interesting if a U.S. Attorney would take up the case , once a complaint were filed . You can bet the U.S. Department of InJustice will not handle the case . But , they just might pressure any U.S. Atty to not handle the case . Holder and his minions are certainly capable of that …

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… Nidal Hasan & the Death Penalty …

Posted by paulfromwloh on Tuesday,September 3rd,2013

.. Well , he has gotten his just desserts . This pile of sub – human scum has received the penalty that he deserved , the death penalty . The verdict was unanimous on all 13 counts for which he could have received it . Which is poetic justice .

.. Instead of going to heaven , this bastard is stripped of his military rank . He now has no military rank at all . With an officer , such as Hasan , it is different . He will be imprisoned even though he has been now dismissed from the military service . With an enlisted man (yes , a man ) such as Bradley Manning , you are still in the service . Hasan is not .

.. He will not go to heaven . He will rot in hell . Which is exactly what he deserved . No heavenly virtue . No 72 virgins . None of that . None of that at all .

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… Fight , Texas , Fight !! ….

Posted by paulfromwloh on Friday,July 26th,2013

.. Good ! It seems that Texas is definitely going to fight back . Now that the tools are better there , the state of Texas should be in much better shape . I cannot predict victory , but they will have a much better chance of it .

.. It seems His Imperial Highness , Eric Holder , wants to go on the attack against the states . Any state will do . He wants to do away with several measures , not limited to , or including Voter I.D. . It may not be limited to that , I believe . Any measure related to voting integrity , or the prevention of voting fraud , such as the purging or cleaning of voter registration rolls . How the Department of InJustice intends to do it , good question ?

.. The Department of InJustice is preparing to take fresh legal action in a string of voting rights cases across the nation, U.S. officials said, part of a new attempt to blunt the impact of a Supreme Court ruling that the Obama administration has warned will imperil minority representation.

The decision to challenge state officials marks an aggressive effort to continue policing voting rights issues and follows a ruling by the court last month that invalidated a critical part of the 1965 Voting Rights Act. The justices threw out a part of the act that determined which states with a history of discrimination had to be granted Justice Department or court approval before making voting law changes.

.. In the coming weeks, Attorney General Holder expected to announce that the Justice Department is using other sections of the Voting Rights Act to bring lawsuits or take other legal action to prevent states from implementing certain laws, including requirements to present certain kinds of identification in order to vote. The department is also expected to try to force certain states to get approval, or “pre-clearance,” before they can change their election laws.

.. “Even as Congress considers updates to the Voting Rights Act in light of the Court’s ruling, we plan, in the meantime, to fully utilize the law’s remaining sections to subject states to pre-clearance as necessary,” Holder said in a speech Thursday morning in Philadelphia. “My colleagues and I are determined to use every tool at our disposal to stand against such discrimination wherever it is found.”

Holder announced that, in a first step, the department will support a lawsuit in Texas that was brought by a coalition of Democratic legislators and civil rights groups against the state’s redistricting plan.

[link] tweets @pjmedia (bpreston) …

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… What Part of Supreme Court Precedent Do You Not Understand ?!?! …

Posted by paulfromwloh on Thursday,July 25th,2013

.. Mr. Attorney General ??

.. Well , It seems that Attorney General  Eric Holder has become notoriously thick in the skull , i.e. pig – headed . He wants to haul the

Shelby County Courthouse IMG_4704

Shelby County Courthouse

entire state of Texas back  into court , and  place it under the controls of the Voting Rights Act of 1965 , once again . What he wants is for the state to obtain “preclearance” before changing any of its voting procedures . efore anything , voting – wise .

.. Preclearance basically means that an entity is found guilty . They must then prove themselves innocent ,  before going ahead with any changes  to their voiting prcedures or laws . In other words , the Holder department of InJustice wants Texas to play “Mother May I ” before doing anything voting – wise .

.. Shelby County V Holder and Arizona V ITC changed all of that . Shelby County has basically placed all of the states back on a level playing field . Each state is equal , before the law and the scales of justice . Each state may implement voting changes on its own , with having to get permission  from anyone  . Only if a court case were brought against a state , and a finding were made , in theory , could a state , or another entitity , be put back under Section 5 .

Also , Shelby County undercuts Section 5 of the Voting Rights Act , by ruling Section 4 unconstitutional . In order to find evidence (Section 4) , InJustice could then make a justification (Section 5) for disallowing a change . Now , it cannot do so . Section 5 is  still available . Section 4 , however  ,  is not .  It has been disalloweed , and does not  effectively allow a court casese to go forward .

.. Az v  ITC is a sweeping precedent . It has acted to place a fairly clear line in between the ability of Congress to regulate federal elections , and the states , who can regulate who can vote . You would think that the the liberals would be screaming  “bloody murder ” over this . No , not as of yet , thankfully . Also , two of the coourt ‘ s liberals participated in the ruling , effectiviely neutering , for now , any opposition to the case .

from NewsMax.com : …

 The U.S. Department of Justice plans to ask a federal court  to reinstate its authority over voting laws in Texas, part of a new Obama  administration strategy to challenge state and local election laws it says  discriminate by race, Attorney General Eric Holder said on Thursday.

“Based on the evidence of intentional racial discrimination that was  presented last year in the redistricting case, Texas v. Holder … we believe  that the state of Texas should be required to go through a preclearance process  whenever it changes its voting laws and practices,” Holder told the annual  conference of the National Urban League, a civil rights organization, which is  meeting in Philadelphia.

The Obama administration has been searching for new ways to oppose voting  discrimination since the U.S. Supreme Court in June invalidated a key part of  the 1965 Voting Rights Act.

A 5-4 conservative majority on the high court ruled that a formula used to  determine which states and localities were subject to extra federal scrutiny was  outdated.

The ruling freed Texas and select other jurisdictions from having to submit  their voting laws to the Justice Department before they could take effect.

The covered jurisdictions were mostly in the South, a region where officials  had a history of denying minorities the right to vote. Chief Justice John  Roberts wrote in the high court’s ruling that the South had changed  dramatically.

Holder’s Justice Department had used the process known as “preclearance” to  block, among other laws, a new plan for congressional district lines in Texas  drawn after the 2010 U.S. Census. Government lawyers  and civil rights groups convinced a court that the map, if it took effect, would  have too few black and Hispanic districts.

Texas Attorney General Greg Abbott, a Republican, said after the Supreme  Court ruling that the redistricting plan could then go into effect  immediately.

State lawmakers ultimately approved a map that was deemed friendlier to  minority populations, though state Democrats still criticize it.

As a first step  in its new strategy, the Justice Department plans to make clear it supports a  pending lawsuit that racial minorities brought against the redistricting plan in  federal court in Texas.

If the court agrees the plan was racially discriminatory, then the Justice  Department will ask the court to place Texas back in the preclearance process  for an undetermined period of time, according to Holder’s prepared speech.

“This is the Department’s first action to protect voting rights following the  Shelby County decision, but it will not be our last,” Holder, the first black  U.S. attorney general, told the group.

The Supreme Court in its June ruling left in place the preclearance process  and most other parts of the Voting Rights Act, invalidating only the formula for  states and localities to be subjected automatically to extra scrutiny.

Some members of Congress have discussed passing a new formula that would  comply with the Supreme Court’s ruling, but they have not done so.

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… Texas DemoCraps [#PartyOf]

Posted by paulfromwloh on Saturday,July 13th,2013

… party , potty , & paint …

[h/t — Ace of Spades]

The Texas Department of Public Safety has been confiscating items that pro-abortion protesters sought to smuggle into the senate hall as they work to pass HB 5.

During these inspections, DPS officers have thus far discovered one jar suspected to contain urine, 18 jars suspected to contain feces, and three bottles suspected to contain paint. All of these items – as well as significant quantities of feminine hygiene products, glitter and confetti possessed by individuals – were required to be discarded.

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… What a Disgrace — Mob Rule by the Left

Posted by paulfromwloh on Monday,July 1st,2013

You think that they  would behave better , but they do not

Pro-Abortion Mob Creates Chaos, Preserves Late-Term Abortion in Texas (For Now)

[h/t to pjmedia & bryan preston]

.. Let us open with what yesterday’s action in the Texas legislature really was. It was not about anyone’s “right to choose.” It was about keeping late-term abortionists in business. It was about Cecile Richards and her abortion business Planned Parenthood tightening its grip on the Texas Democratic Party.

.. When normal democratic procedures would not give the pro-abortion side a win in Texas’ conservative senate, liberal state Sen. Wendy Davis (D-Ft. Worth) filibustered for 13 hours. When that was about to fail because she repeatedly broke the rules, they resorted to mob behavior .

.. In the end, mob rule delayed procedures enough to kill the bill, for now. It passed, but at 12:03 AM, which was past the deadline by three minutes.

After the legislature determined that the bill had failed due to the hour it passed, Lt. Gov. David Dewhurst issued a statement:

“I am furious about the outcome of the final day of this Special Session, when an unruly, screaming mob using “Occupy Wall Street” tactics derailed legislation intended to protect the health of Texas women and their babies. An unconscionable series of delaying actions by the minority party and their allies placed SB 5 in direct jeopardy of death-by-filibuster upon its arrival in the  Senate.  Pushing every parliamentary procedure to its limit, we passed SB 5 19-10, but the deafening roar from the gallery drowned out any possibility of adjourning with a signed bill. I pledge to Texas one thing: this fight is far from over.”

.. this piece of legislation , Texas Senate Bill 5 would have banned abortions in Texas after 20 weeks. Democrats broke the legislature the stop the bill, which is what they tend to do in Texas when they don’t get their way. Ten years ago they ran off to Oklahoma rather than do their jobs on redistricting. Last night they went full Occupy to stop a bill that about 62% of Texans support. Notice the difference at the end: Democrats resorted to mob tactics to stop democracy. Republicans stuck to the rule of law and respected the legal time limit.

.. The Democrats’ victory should hopefully prove to be temporary and Pyrrhic. The governor can call another special session . Texans support the bill. Democrats are siding with death over life. Republicans should have learned from last night just how far the Texas Democrats will go to thwart the will of the people, and be ready to stop the mob next time.

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… Let Us See if POTUS is that Dumb …

Posted by paulfromwloh on Sunday,May 12th,2013

speaking at CPAC in Washington D.C. on Februar...

… U. S. Sen Ted Cruz [R – Tx] …

.. POTUS is in Texas on this day , on some bogus new jobs tour . So he is down there in Texas trying to take credit for the success of others .

.. Oh , and he also wants to make Senator Ted Cruz the “ face of the Republican Party . ”

By coming to Texas, the president wants to frame the two poles of our broken   policy debate this way: Obama’s White House (compromise) vs. Cruz-type   Republicans (obstruction). …

Political veteran Bob Van der Plaats, a Christian conservative leader in the   politically important state of Iowa, puts it this way: “What Obama wants to do   is come into Texas and say, look at how great everything is and to take credit   for something that really isn’t his. And without saying it, he’s saying you’ve   got this Sen. Ted Cruz who wants to be the fly in the ointment. Tell him to   fall in line.” (Read More)

.. That is funny , and I hope that it works. I hope he does make Cruz the face of the GOP. Cruz does actually stands for something . He could turn out to be the best thing that’s happened to the GOP since Reagan.

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… DUH , cut the crap , folks !! …

Posted by paulfromwloh on Tuesday,March 19th,2013

Ted Cruz

U S Sen Ted Cruz [R-Tx]

… I am going to post (thanks to Wikipedia) from the bio on U. S. Senator Ted Cruz [R-Tx] . You will notice towards the end …

Rafael Edward “Ted” Cruz (born December 22, 1970) is an American politician and the junior United States Senator for the state of Texas, in office since 2013. He is a member of the Republican Party.

Cruz was Solicitor General of Texas from 2003 to May 2008, appointed by Texas Attorney General Greg Abbott. He was the first Hispanic Solicitor General in Texas, the youngest Solicitor General in the United States, and had the longest tenure in Texas history. He was formerly a partner at the law firm Morgan, Lewis & Bockius, where he led the firm’s U.S. Supreme Court and national appellate litigation practice.[2]

He previously served as the director of the Office of Policy Planning at the Federal Trade Commission, an Associate Deputy Attorney General at the United States Department of Justice, and as Domestic Policy Advisor to U.S. President George W. Bush on the 2000 Bush-Cheney campaign. In addition, from 2004 to 2009 Cruz was an Adjunct Professor of Law at the University of Texas School of Law in Austin, where he taught U.S. Supreme Court litigation.

Cruz was the Republican nominee for the Senate seat which was vacated by fellow Republican, Kay Bailey Hutchison.[3] On July 31, 2012, he defeated Lieutenant Governor David Dewhurst in the Republican primary runoff, 57–43 percent.[4] Cruz defeated the Democrat Paul Sadler in the general election held on November 6, 2012; he prevailed with 56–41 percent over Sadler.[4] Cruz is endorsed by the Tea Party Movement and the Republican Liberty Caucus.[5]

Early life and education

Cruz was born in Calgary, Alberta, Canada, where his parents, Eleanor Darragh and Rafael Cruz, were working in the oil business.[7][8] His father was a Cuban immigrant to the United States during the Cuban Revolution.[9] His mother was reared in Delaware, in a family of Irish and Italian descent.[8][10] Cruz’s family returned to the U.S. when he was four years old.[9]

… You will notice Ted Cruz is a US Citizen by birth , dummies . He is the son of a naturalized American father , and an American mother . Yes , he was born in Canada (which gives him Canadian citizenship , as well , I believe) , but his situation is similar to that of  any other American born overseas in a foreign nation (such as the dependent born to an American serviceman or servicewoman) , like Sen John McCain , or retired wide receiver (and future Hall of Famer) Hines Ward .

 

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