Politex

Latest battle in redistricting lawsuits: what legislative staffers know

As multiple redistricting lawsuits work their way through state and federal court, an issue that has emerged in the last week is whether legislative staffers that helped draw the maps are fair game.

Plaintiffs in some of the suits have made clear they want to depose legislative staffers that were involved in the creation of the maps that were passed by Republicans in the Texas House and Senate with virtually no Democratic support. Last week, the key defendants (Gov. Rick Perry, Lt. Gov. David Dewhurst, House Speaker Joe Straus and Texas Secretary of State Hope Andrade)  filed a motion requesting that those staffers' communications with lawmakers be considered privileged.

"Answering questions about the motives and purposes of legislators will invade the witness’s legislative privilege and jeopardize the legislative independence that it fosters," the motion reads.

This week, the Texas Democratic Party and Party Chairman Boyd Richie filed their response arguing that Texas' Republican leadership is trying to dishonestly invoke privilege on a "case by case basis."

"In other words, the State would selectively invoke the privilege with regard to witnesses with evidence adverse to the State's legal position. On the other hand, when the State presents a witness whose evidence is favorable, the State will waive the qualified privilege," the motion reads.

Democrats are arguing that the depositions of legislative staffers are crucial to proving that Republican-steered redistricting maps violate federal law.

"Although it is true claimants can offer evidence of the discriminatory effect of the redistricting plans, evidence of motivation can only be obtained from this discovery," the motion reads.

(Tip of the hat to Dallas lawyer Michael Li who is providing a play-by-play of the redistricting lawsuits on his blog, txredistricting.org.)

-Aman Batheja

Bachmann planning Texas entertainment at Iowa Straw Poll

While Texas Congressman Ron Paul will be on the ballot for next month's Ames Straw Poll in Iowa and Texas Gov. Rick Perry is expected to be the focus of a write-in campaign there, two Texas musicians will be on hand backing another Republican candidate.

Minnesota Congresswoman Michelle Bachmann announced Wednesday the entertainment at the Team Bachmann stage at the Straw Poll will be country singers Tim Rushlow and Richie McDonald and Christian musician Charles Billingsley. Rushlow is from Arlington and McDonald is from Lubbock. (Billingsley is from Alabama and Virginia.)

"While Iowa Republicans take great pride in participating in the straw poll, I also recognize the time commitment involved so I want to do all I can to make it a fun and comfortable day for my supporters and their families," Bachmann said in a press release.

-Aman Batheja

Meyers hopes to replace Keller as Presiding Criminal Court of Appeals Judge

Texas Court of Criminal Appeals Judge Lawrence “Larry” Meyers confirmed Wednesday he is planning to run for the court’s top spot, challenging controversial presiding Judge Sharon Keller in next year’s Republican primary.

Meyers, of Fort Worth, was the first Republican elected to the Court of Criminal Appeals in 1992 and is currently its longest serving member. On Tuesday, he sent a brief memo to his colleagues explaining his decision to seek higher office, implying that Keller has held the presiding judge position for too long. Keller has been on the court since 1994 but has served as presiding judge since 2000.

"The normal term for this position is 8-10 years. As such, it is time to rotate the presiding judgeship on our Court," Meyers wrote in the memo.

Keller, now in her second term as presiding judge, said she wasn’t aware of Meyers’ plans to run against her until the memo was circulated to members of the court.

"If he wants to be presiding judge, this is when he has to run, so I guess that’s what he’s doing," she told the Star-Telegram.  "No, I did not know he was planning to run."

Keller, 57, was elected to the court in 1994 and won election as presiding judge in 2000.  She was reelected to the top position on the court in 2006.

Keller and Meyers have been colleagues for more than 15 years.  "We’re on good terms," she said. 

Keller found herself in a multi-year legal fracas that drew national attention after she ordered the court shut at 5 p.m. Sept. 25, 2007, which lawyers for condemned killer Michael Richard said blocked them from filing a last-minute appeal. Richard was executed that night for the rape and slaying of a Houston-area nurse. The state Commission on Judicial Conduct issued a "public warning" of Keller’s actions but last October, a special court dismissed the reprimand.

Keller said she will seek re-election and has already ready begun gathering citizen signatures from each of the state’s 14 courts of appeals districts to get on the ballot.

Asked if the judicial conduct commission’s investigation would be an issue in the race, she said, "Oh, I don’t know what to say about that."

Keller said she will cite her involvement in criminal justice organizations outside the court as a theme in her re-election campaign, including service as chair of the Texas Task Force on Indigent Defense. 

Meyers’ challenge is not the first time Keller has faced opposition from within the court.  Tom Price, currently the court’s third most senior member after Keller and Meyers, unsuccessfully ran against her in the Republican primary in 2000 and 2006.

"I'm used to people on my court running against me," she said.

-Aman Batheja and Dave Montgomery

Tea Party stalwart Rand Paul backs Cruz over Dewhurst in Texas' U.S. Senate race

In a move that could foreshadow troubles ahead for Lt. Gov. David Dewhurst's bid to replace Kay Bailey Hutchison in the U.S. Senate, Republican Sen. Rand Paul of Kentucky is endorsing former Solicitor General Ted Cruz. Paul is the son of longtime Texas Congressman Ron Paul, who is seeking the GOP presidential nomination.

Analysts have long considered Dewhurst the odds-on favorite to win the Senate seat whenever Hutchison decided to step down. Dewhurst waited until after the regular and special legislative sessions were over before formally announcing, giving Cruz time to gain momentum in fund-raising and winning endorsements. Among the other Republicans in the race are former Dallas Mayor Tom Leppert and Texas Railroad Commissioner Elizabeth Ames Jones.

Dewhurst has been one of the Republicans' top vote-getters in Texas, but Tea Party supporters and some other staunch conservatives were livid with the lieutenant governor for his handling of the hotly contested TSA anti-groping bill during the legislative sessions. The bill died, and Tea Party backers hold him largely responsible for its demise. They promised to remember, and judging from callers to North Texas talk radio stations today, they haven't forgotten yet. Tea Party supporters also have said they hold Gov. Rick Perry and Texas House Speaker Joe Straus responsible for the death of the TSA bill.

Rand Paul's endorsement statement for Cruz doesn't mention the TSA brouhaha, but he does raise pointed questions about Dewhurst's willingness to compromise with Democrats. He doesn't mention Dewhurst by name, but there's no mistaking who he's talking about when he says, "Right now, an establishment Republican with enormous personal wealth is running for Senate against Ted. I'm afraid he'd join the go-along, get-along Senate club, and we don't need more of that in Washington."

Paul also said: "Having grown up in Texas, I know Texans don't want a career politician in the Senate who will compromise with Democrats to keep growing our out-of-control federal spending and debt."

-- John Gravois

Tarrant Republicans planning event to meet US Senate candidates

Republicans vying for Kay Bailey Hutchison's Senate seat may face off against one another in Tarrant County one night this October.

A consortium of 16 local Republican clubs is organizing an Oct. 11 event at Richland Hills United Methodist Church to help local Republicans get a better understanding of the candidates in the race, according to Jim Truitt, a former Richland Hills mayor and husband of state Rep. Vicki Truitt, R-Keller.

Organizers are still working out whether the event will be more of a candidate forum or a debate, Truitt said.

"We will invite everyone who has identified themselves as an official candidate," he said.

Republicans already in the race include Lt. Gov. David Dewhurst, former Dallas Mayor Tom Leppert, former state Solicitor General Ted Cruz and Railroad Commissioner Elizabeth Ames Jones. Retired Lt. Gen. Ricardo Sanchez is running as a Democrat.

-Aman Batheja

PerryScope: Perry left off Iowa straw poll ballot

Two of the biggest names in the Republican Party -- Texas Gov. Rick Perry and former Alaska Gov. Sarah Palin -- will not be on the ballot at the Aug. 13 Iowa Straw Poll.

The reason? They're not candidates. Not yet, anyway. Perry says he'll announce a decision within the next three or four weeks. There will be a space for write-ins on the straw poll ballot, which is considered one of the best early barometers of how well the candidates are running in the campaign kickoff state. Perry supporters already have talked about seeking write-in votes.

Even without Perry, there will be a Texan on the ballot: Congressman Ron Paul of Lake Jackson. Other candidates on the ballot will include former Massachusetts Gov. Mitt Romney, Minnesota Rep. Michele Bachmann, Michigan Rep. Thaddeus McCotter, former House Speaker Newt Gingrich, former Utah Gov. Jon Huntsman, former Minnesota Gov. Tim Pawlenty, former Pennsylvania Sen. Rick Santorum and Georgia businessman Herman Cain.

-- John Gravois

Davis, Veasey intervene in federal redistricting fight [Updated]

Tarrant County Democratic lawmakers Wendy Davis and Marc Veasey have teamed up with several minority voters in North Texas in seeking to intervene in the state's efforts to get pre-clearance for a legislative redistricting plan that the Democrats say is an affront to minorities.

Davis is a first-term state senator and Veasey is a state representative.

Davis and Veasey filed a motion in federal court this morning aiming to intervene in the state's effort to get four redistricting maps approved in time for the 2012 elections.

Texas is among the states that must still get pre-clearance of redistricting plans under the federal Voting Rights Act. Earlier this week, the Texas Attorney General's office filed a "pre-clearance submission" in federal court requesting that a three-judge panel approve the state's new redistricting maps.

Traditionally, state officials seek out the U.S. Justice Department for that clearance. Texas decided to officially file the request in federal court and "informally" submit the information to the Department of Justice, according to legal filings. Democrats have charged that the state's Republican leadership is pursuing the court case because they know a Justice Department under the Obama administration would determine the maps are in violation of the Voting Rights Act.

Davis and Veasey are hoping their legal action will allow them to argue against the Republican-approved maps in the federal case.

Their motion focuses largely on the congressional plan and specifically the way Senate District 10, currently represented by Davis, was redrawn in the new state senate map. In both cases, the Fort Worth Democrats argue that large minority communities are purposely drawn into districts where their voting strength would be effectively drowned out.

"I felt it was important to make a stand with voters of Senate District 10 because I have a responsibility to help protect the voting rights of those citizens in Fort Worth, Arlington and other parts of north Texas whose neighborhoods were torn apart by this partisan power grab," Davis said in a prepared statement released this morning.

"I intend to work closely with citizens in our neighborhoods throughout this legal process and do everything I can to see this illegal map overturned and the rights of voters in our area protected," she said.

Texas lawmakers redrew the state's political boundaries this year to reflect population changes. The Legislature approved maps for legislative, congressional and State Board of Education districts. Democrats repeatedly criticized the maps as designed to shore up Republican majorities and disenfranchise minority voters.

"This is not about Democrats and Republicans, this is about protecting the voting rights of Fort Worth citizens," Veasey said. "We will show that the redistricting plan passed by Republicans harms the ability of minority voters to meaningfully participate in elections."

We've posted the motion filed by Veasey and Davis here.

-- John Gravois and Aman Batheja

Gov. Rick Perry criticizes Obama administration on space shuttle

Texas Gov. Rick Perry had something to say about the space shuttle Atlantis safely returning home.

“Forty-two years ago yesterday, America captured the world’s imagination by putting a man on the moon, highlighting an era of excellence in space exploration," Perry said in a press release. "Unfortunately, with the final landing of the Shuttle Atlantis and no indication of plans for future missions, this administration has set a significantly different milestone by shutting down our nation’s legacy of leadership in human spaceflight and exploration, leaving American astronauts with no alternative but to hitchhike into space.

 “The Obama Administration continues to lead federal agencies and programs astray, this time forcing NASA away from its original purpose of space exploration, and ignoring its groundbreaking past and enormous future potential. It is time to restore NASA to its core purpose of manned space exploration, and to define our vision for 21st Century space exploration, not in terms of what we cannot do, but instead in terms of what we will do.”

Houston is home to the Johnson Space Center.

-- Anna M. Tinsley

 

More details about Perry's prayer rally

With Gov. Rick Perry's prayer and fasting rally less than three weeks away, the event is attracting more attention.

Perry is widely expected to announced whether he's running for president soon after The Response, the daylong event scheduled for August 6th at Reliant Stadium.

The latest news, coming from CNN, is that Perry himself may not speak at the rally that he is promoting. American Family Association Spokesman Eric Bearse said the governor's role in the event is still being worked out.

That dovetails somewhat with details the event's organizers gave to pastors on two conference calls last week.

"Most of the prayer upfront will be led by people who are not of a national  recognition," said Louis Cataldo, an organizer based in Kansas City, during one of the calls. "The vast majority of political people that will be coming will be sitting in the regular seats with everyone else...There will be a few political figures that will pray from the platforms...and they'll be on a timer."

Organizers also said the event will be split up into four or five segments with a period of prayer incorporated into each one. One segment will focus on the cross. Another will be on personal repentance. Two other segments are expected to focus on the first and second commandments, respectively.

"Each section will also have key verses that the prayers will be around because again we can all agree on the scriptures and the blood of Jesus," Cataldo said.

Perry has drawn criticism and a lawsuit for his involvement in the event. Critics have pointed to past controversial comments made by some of the organizers including remarks perceived as anti-gay and anti-Muslim.

-Aman Batheja

U.S. shouldn't default on debt

FORT WORTH -- A group of about a dozen concerned residents submitted a petition to the local office of U.S. Rep. Kay Granger, R-Fort Worth, Wednesday, calling on the federal government to not default on its debt.

The petition, signed by about 50 people, states that "the essence of democracy is compromise." It states that the signers "support getting control of our deficits through a balance of revenue enhancements and the cutting of programs so that the safety net for the poor, the disadvantaged, the elderly and children remains in place."

Staff in Granger's office accepted the petition, invited the group in, gave them water and asked them to sign the visitors log.

"We wanted to have our voice heard," said Athena Chavez, a Fort Worth woman who was among those who showed up. "We want Kay Granger to know we support a balanced approach.

"We want people to stop posturing and grandstanding and compromise."

-- Anna M. Tinsley