Thursday, March 31, 2016

 
DEMOCRATIC SOCIALISM - GIVE IT A TRY

If you by chance you are one of the few people on the planet who has not seen the movies or read the books, I will be careful about how I explain this.

I remember when I read the particular book when the truth came out, I thought the author adopted the Gnostic Bible version of the Book of Judas.  You see the only logical explanation for Judas while clear in the New Testament is rejected by New Testament Christians.  Judas according to the Gnostic Bible was a hero. 

Christians are so weird they do not even know what they believe.  Joshua [Jesus] had to die on the cross for there to be a resurrection.  Without Judas this would not have happened.  You would not have your Christian religion. The Gnostic Bible teaches more clearly than the New Testament that Joshua went to Judas who he trusted more than any of his other Disciples, and told him to betray him because God wanted him to die on the cross to effectuate the resurrection.  Judas hung himself because he could not deal with the task with which Joshua entrusted him.

It was so cool how the Harry Potter story incorporated the Gnostic understanding of Judas into the Snape character.
 
UNDERSTANDING NON-BINARY PEOPLE

I did not come up with this idea gender is a social construct versus a biological state.  The medical community has been on this for years.  It is now just coming out.  Gender is so, so complex.

This is a great article.  I am posting just part, but if you are so inclined to get educated you can click for the entire article.

People it is time we just embrace one another.  What is our obsession to define other people.  We need to accept how each of us define ourselves..

Oh, if you are shaking your head on the discussion concerning pronouns, join the club.  But the author is correct.  Once someone tells you they are non-binary [meaning they identify as neither male nor female - just ask them the pronoun they prefer and go with it.

I hope all of this discussion throughout the world is helping people better understand who they are.  For years the Dallas Gay Alliance [it took us years of fighting to get them to include the word lesbian] use to call bisexual people just confused.  It was so insulting.  Even bisexuality is complex.  In terms of sex man or woman I love it - but in terms of intimacy and life partner - male is the only option.  You see even that is complex.

"Aren't you just born with your gender?
 
While gender and sex are frequently used interchangeably, the two do not mean the same thing. Your sex relates to your biology, both physiological and anatomical, which often influences how you're treated in society (example: the enforcing of gender roles), but it is not the same as gender.
 
According to the World Health Organization, gender is "the socially constructed characteristics of women and men." It goes on to emphasize the importance of sensitivity to "different identities that do not necessarily fit into binary male and female sex categories."
 
 
HOW BAD COPS ARE MAKING LAW ENFORCEMENT IMPOSSIBLE FOR THE OVERWHELMING SUPER MAJORITY OF LAW ENFORCEMENT
 
This issue is very hot right now because the public image pushed by the press is cops are shooting up minorities with impunity.  There is no truth to this, but it sells news.  The overwhelming super majority of law enforcement which simply seek to serve and protect us are on the receiving end of insults from the press, frauds trying to make money on the issue, and even we the people.  This is wrong.
 
I have family in NY who have left law enforcement because they could not longer stand how the administration would turn a blind eye to the bad cops and corruption.  I have others looking to transfer out of NY in hopes it will be better elsewhere.  I think they are in for a rude awakening. 
 
It is at the point officers on a walking assignment in the city are being video taped just walking.  They hate it.   When they are called into an establishment to stop a fight they have everyone and their brother video taping them in hopes of finding something they can post to YOUTUBE.  As one family member told me he wants out because the video  taping is endangering the officers.  They are in such fear of being accused of excessive force, they hesitate which is when a gun can be pulled on an officer. 
 
Law enforcement has to get serious about dealing with the bad officers.  It is  wrong what is happening to the good officers.  We need laws which make it  a crime to post video to the internet misrepresenting an incident involving law enforcement,
 
WHAT HAPPENED IN SA YESTERDAY
 
I was getting off of IH 37 onto the El Paso/Houston IH 10 exit.  Just before the exit two officers came speeding by to block part of the exit.  The sign clearly said Right Hand lane closed Houston - major accident.  I was fine with that because I go west toward El Paso.  But the officers stopped to block the left lane.  Since I was the lead car I was confused.  I stopped
 
I say to the officer you are blocking the El Paso exit but the sign says the right lane Houston is closed for accident.  He yells at me to move my ass.  So I said you want me to take the right lane Houston - he said"move your ass now."
 
Because I was the lead car, there was a line of cars and trucks behind me - all in the left lane as we were directed by the sign.
 
I know this cop does not represent the Honorable Men and Women in Blue - but it is because of men like this all of the rest suffer.  I was so flustered and threaten by this officer I did not think to get his plate number on his car.
 
The officers themselves have to take the lead to rid law enforcement of men like this or continue to suffer the unfair abuse thrown at them.
 
SAVING MONEY AND HOW TO GET A FREE UPGRADE ON A CAR RENTAL
 
Yesterday I went round trip to SA.  I never drive my truck for road trips.  I only get 19 miles to the gallon. About two weeks before any trip I rent the smallest and cheapest car they have.  I always do a 9 p.m. pickup so I can leave real early the next morning.  Because of the late pick up they are already out of the small cars and I always get a mid-size for the same price as the smallest car.
 
The car I got gets 31 miles to the gallon.  My road trip gas price was an even $45.  My car rental for the day was $47.20.  It would have easily cost my $65 or more for gas in my truck.  Plus I would have put wear and tear on my truck.  For a few extra dollars I saved wear and tear on my truck.

 
COUNTY CLOSED FOR CESAR CHAVEZ DAY
 
I am old enough to remember the civil rights battles for the farm workers.  I think it is good the county celebrates this holiday. BUT WHERE IS THE LEADERSHIP?
 
I went to the Administration building  to follow up on a lead.  This is when I found out the county was closed.  My issue is why was no administrative directive put out to put signs on the door informing the people the county was closed for the holiday.  People were lining up to register their cars in hopes they would open at  9 - nope nothing to tell the people they were closed.

Tuesday, March 29, 2016

 
IT'S TIME WE ALL FEEL THIS WAY

Mugshot
 
BERTHA TORRES - GIVEN TWO PRETRIAL DIVERSIONS BY SAENZ

This story is bigger, but I need help. I cannot disclose what I know without verification which I know will hold up in court. Do you recognize her?  It took a bit but I finally got the jail to post her mug shot.

A CALL FOR HELP 

Rumors at the court house are like hot air - they are everywhere. Has anyone received from an elected lawyer an offer of representation for delinquent traffic fines.  I need proof of the letter

Monday, March 28, 2016

 
REPUBLICAN GOVERNOR CHOOSES CORPORATE MONEY OVER FAITH BASED LAW

The Republican Party cannot exist with extremist Christians and corporate America being the core of the Party.  Today the extremist Christians lost.  They are not going to be happy.  By the time of the convention I see endless fractures within the Republican Party.  This will actually be good for them.  If they lose the White House and Senate in November, they will reorganize stronger without the extreme Right.  The Independents decide elections.  The Republicans need to become the Party of the old guard true Republicans and Independents.  This is how they come back in two years and defeat the Democrats.

Click for Story
 
REPUBLICANS FACE SHOWDOWN OVER OPEN CARRY AT REPUBLICAN CONVENTION

How real is Republican support for Open Carry in Ohio?  It is the law.  The Republicans have opened a Pandora's Box which will add yet another issue to what already is set to be a heated convention.

The venue the Republicans have chosen for their National Convention has exercised their option under Ohio law to not allow for Open Carry.  As of this morning more than 40,000 people have signed a Change.org Petition to allow for the Republican attendees to openly carry their weapons inside the Quicken Loans Arena in Cleveland, Ohio.  See Petition  Lets see how many Cameron County Republicans sign the Petition.  As the good gun rights advocate Morgan Graham made herself out to be this weekend I expect to see her name on it some time today.

From the Petition:

"SUMMARY: In July of 2016, the GOP will host its convention at the Quicken Loans Arena in Cleveland, Ohio. Though Ohio is an open carry state, which allows for the open carry of guns, the hosting venue—the Quicken Loans Arena—strictly forbids the carry of firearms on their premises."

.... .

"This doesn't even begin to factor in the possibility of an ISIS terrorist attack on the arena during the convention. Without the right to protect themselves, those at the Quicken Loans Arena will be sitting ducks, utterly helpless against evil-doers, criminals or others who wish to threaten the American way of life."

.... .

"We are all too familiar with the mass carnage that can occur when citizens are denied their basic God-given rights to carry handguns or assault weapons in public. EVERY AMERICAN HAS THE RIGHT TO PROTECT AND DEFEND THEIR FAMILY. With this irresponsible and hypocritical act of selecting a "gun-free zone" for the convention, the RNC has placed its members, delegates, candidates and all US citizens in grave danger"

If the convention goes as expected, it will be a brokered convention leaving the Donald Trump and Ted Cruz supporters in a war of words demanding the delegates unite behind their candidate.  If the RNC somehow pull off the nomination of a third party, the anger will only grow.

The RNC convention is the last place you want Open Carry in place.  Independent of not being allowed to openly carry weapons inside the convention hall I am certain we can expect protestors outside the hall carrying their weapons protesting the lack of leadership on the issue by the RNC and candidates.

Personally, I think only a nut job would allow Open Carry at a convention we expected to be very, very heated.  I feel real sorry for all law enforcement which will be outside.  They are being put into a dangerous situation.

I want to be clear, the overwhelming majority of those carrying weapons will be highly trained and a threat to no one.  I am worried about that one citizen who legally carries and should not be.

I CANNOT WAIT FOR HOW THIS PLAYS OUT FOR THE REPUBLICANS

Saturday, March 26, 2016

 
WALKING DEAD TAKES AIM AT GEORGIA'S PROSPECTIVE NEW ANTI-LGBT LEGISLATION
 
The issue at this point is, will the governor sign the measure into law? So the question becomes for these so religious Republicans will money win over their perverted faith?  The Republicans cannot hold together a Party which needs both the religious right and the corporations. 
 
Monday - cannot wait - Republicans face show down on the right to carry at Republican Convention.  They opened a Pandora's Box on that one.
 
"If Georgia passes an anti-gay “religious liberty” bill on May 3, the state stands to lose billions of dollars in revenue. Not just because of the loss of extravagant, amazing gay weddings — although, that too — but because a fleet of major Hollywood players have joined the Walt Disney Co. and its Marvel Studios film unit in threatening to boycott Georgia should the bill be signed into law.

As of Friday, all of the following companies have spoken out against the bill: Viacom, 21st Century Fox, Lionsgate, CBS, Starz, AMC Networks (megahit The Walking Dead is currently filmed in Georgia), Netflix, Time Warner, CBS, The Weinstein Company, Sony, Comcast/NBCUniversal, MGM, STX Entertainment, and Open Road Films."

Click for full story

 
REPUBLICANS PRESS THE SELF DESTRUCT BUTTON
 
I predict within 4 years we will begin to see Democrats elected state wide in Texas.  The older Republicans are dying off, and the overwhelming majority of millennials are Democrats and are registering to vote.

When the BV broke the story that John Chambers lost at the Texas Supreme Court, I encouraged the local Republicans to heal and focus on getting De Coss elected.  The Trump factor is any one's guess,  I know Bernie Sanders supporters in NY who will vote for Trump over Hillary because the issue is turning Washington upside down.  These people believe all of Trumps nastiness has only been to get the ignorant to vote for him and that he does not really mean any of what he says when it comes to the nasty comments.  I have no idea, but on the issue of turning Washington upside down I can see Democrats breaking ranks for Trump - and that can include in Cameron County which could help De Coss.

BUT TRUMP AND CRUZ ARE ON A JOURNEY OF COMPLETE VILE AND SELF DESTRUCTION

"Both campaigns are blaming the other for attacks on their respective wives".  How sad campaigns are reduced to attacking spouses.  A National Enquirer story on a Cruz sex scandal is not being ignored because last time while the mainstream press ignored the story, it turned out they were right.

From NPR: click to read entire story

"All of it was an outcrop of a heated back and forth between the top-two GOP candidates – about their wives – that began on Twitter and spilled over onto the campaign. It all started, as they say on the playground, with an anti-Trump superPAC running an ad depicting a partially nude Melania Trump and asked Utahns, home to a majority Mormon population, if this is what they want in a first lady. (Cruz went on to win all 40 of Utah's delegates Tuesday night.)

Despite candidates not being allowed to coordinate with superPACs – and Cruz denying he had anything at all to do with what that superPAC did – Trump blamed Cruz. Trump took to Twitter and urged Cruz to "be careful," and threatened to "spill the beans on your wife."

He never did say what the said "beans" were exactly, but he sowed more distrust with Cruz by retweeting an unflattering photo of Cruz's wife juxtaposed with his own wife. On Thursday, Cruz accused Trump of being a "sniveling coward." (We wrap all of that here.) And, by Friday, the Enquirer story popped."

There is nothing presidential about Trump or Cruz.  They are both just making it worse for themselves.  Candidates are lining up to be the nominee in a brokered convention.  If a nominee comes from a brokered convention and it is not Trump of Cruz, you watch the Republicans implode.

Now to be balanced - I do not doubt the Republican Super PAC's are going to have a million negative ads against Hillary rehashing the same old stories.  So it can still be any one's guess.

LINDSEY GRAHAM ON THE REPUBLICAN PARTY

"Of Texas Sen. Ted Cruz, who has alienated Republicans and Democrats alike, Graham said, "A good Republican would defend Ted Cruz after tonight. That ain't happening. If you killed Ted Cruz on the floor of the Senate and the trial was in the Senate, nobody could convict you."

" Sen. Lindsey Graham is disgusted with the GOP's embrace of Donald Trump: "My party has gone batshit crazy."

"In no-holds-barred remarks at a celebratory dinner Thursday night, the South Carolina senator and unsuccessful presidential candidate said the GOP has lost all semblance of sanity and predicted the party will suffer irrevocable losses in November if it backs Trump."

Source: Newsweek

The local tit for tat between the Republicans which has been going on for over a year, is nothing compared to what is happening at the National level.

Thursday, March 24, 2016

 
IS JUDGE JANET LEAL TURNING A BLIND EYE TO SAENZ's FAVORITISM?
 
You know when the issue of whether or not Judge Leal had told John Chambers former counsel to withdraw on the eve of trial I defended her because nearly every attorney I called refused to believe she  could have done such a thing.  Now I am not so sure.
 
Take the case of Bertha Torres who as of this moment remains in Carrizales without bond for arrest on unknown charges.  Surprise, surprise her mug shot is not available.
 
She was previously arrested for a Class A DWI for blowing a .15.  Judge Gonzalez under agreement from DA Saenz gave her Pretrial Diversion.
 
01/14/2016  Order to Participate in the Divert Court Program

Several months later Bertha Torres was arrested and charged with felony Possession of a Controlled Substance. Having already received pretrial diversion in her misdemeanor case, Judge Janet Leal at DA Saenz's requests approved a second pretrial diversion which lasted days, on a felony charge of Possession of a Controlled Substance. CORRECTION: TO LAST ABOUT A YEAR - Editors: note - a point is proven in the mistake I found.  With all the BS posts I have rejected praising Janet Leal, not one person bothered to carefully read or consider my words to see the mistake.  If you want to defend her address the issue while defending it and your comment will get through.  I will not allow for conclusory statements which ignore the story while praising her as a judge.  This correction came about by me rereading the story before posting a comment with how to get pro Leal posts through - well now you know the rule.]]

.
01/22/2016  Order (Judicial Officer: Leal, Janet )
Order to Participate in the Divert Court Program
01/26/2016  Order (Judicial Officer: Leal, Janet )
Order to Abate Proceedings
01/26/2017  Pre-Trial Diversion Completion  (9:00 AM) (Judicial Officer Leal, Janet)

After Bruce Thorpe was initially appointed in the first case, all of a sudden she had the money to retain Robert S. Robertson in both cases.

I know more based on my source but cannot reveal it because if my source is wrong, I would be subject to a defamation per se lawsuit.  But this source has never, ever failed me.  Further Bertha Torres' name is well known in the downtown dives which support what I was told.

But forget about Torres.  Judge Leal had the right to deny the plea bargain offered and approved by Saenz.  Do you feel safe when someone on pretrial diversion for DWI is given a second pretrial diversion for possession of a controlled substance.  Any judge interested in ending the favoritism would have denied the plea, so the question remains - what is Judge Janet Leal's relationship with Luis Saenz.

Does anyone believe that an effectively "unemployed" woman could retain counsel and get this kind of deal without backdoor discussions?

The sad part is the local FBI, DPS and Texas Troopers will never investigate and Saenz knows it.  They are all too colluded with one another so Saenz knows he is 100% untouchable.
 
MORGAN GRAHAM PREVAILS IN REMOVING JOHN CHAMBERS FROM BALLOT
 
 
Just minutes ago in today's orders
 
16-0202
 
 
IN RE JOHN CHAMBERS
 
as amended
motion for injunctive relief denied
 
 
They did not give a reason. Time in these type cases is always a challenge. They had to resolve conflicts between the Election code, and Occupation Code. What has to happen now is the Republicans need to put their differences aside and work toward November. The Trump factor is a big unknown. I know a lot of Democrats voting for De Coss for Judge. But if the factions in the Republican Party cannot simply move forward and put this behind them it will hurt De Coss, and that will be sad.

The only thing I would say should continue is Morgan must find out who set up that bogus dating page. Let the axe falls where it falls.
 
WHY DEAL IN FACTS WHEN GETTING IT WRONG IS SO MUCH EASIER
 
A Los Fresnos resident questioned Barton's claims that Mike Hernandez of Op10.33 is out of tune with the area and favors Brownsville.  The resident noted that the 550 Corridor that Social Media has wrapped up end endless conspiracy theories is mostly in Los Fresnos CISD - meaning they not Brownsville ISD would benefit from the property taxes.
 
The poster challenged Jim for his source that Mike Hernandez committed $2 million to United Brownsville.  He Jim deferred to the same do nothing social media conspiracy theorists as his source.  Well one of Jim's readers posted a link which tells the truth.
 
FROM THE OP10.33 FB PAGE
 
OUR COMMITMENT:

4. $2 Million - To support United Brownsville's (a non-profit business developmental group) efforts on retail and commercial manufacturing development to increase the number of higher paying jobs in Cameron County.
 
The idea Mike Hernandez became as self made millionaire by entrusting his business to just anyone to do anything they want with his money is laughable.
 
All Mike did was say that there is $2 million dollars on the table to support efforts of United Brownsville in its efforts for manufacturing development - which goes back to  550 which benefits LFCISD a lot more than BISD.
 
If you know Mike you know the money will only be released when United Brownsville has a specific need.  He will review that need and make sure it is going to support development of the 550 Manufacturing Corridor.
 
If you know what is happening you know there has already been meetings with key officials and local business owners on how to go about building a Workforce Training Center in Robotics Manufacturing.  Until we have trained workers we cannot have manufacturing.  If UB does not come up with an idea on how to promote stage one and get it done then Mike has nothing to SUPPORT at UB.  The meeting was not called by or attended by UB
 
 

Wednesday, March 23, 2016

 
BETTY HOCKADAY SUSPENDS CAMPAIGN AGAINST TREY MENDEZ
 
She was not able to have her name removed from the ballot at this point.  She informed me she has raised no money and is not campaigning.  She considers herself not a candidate. 
 
I almost did not post this because her name will remain on the ballot.  Guys, this is all the more reason we must turn out in large numbers for Trey Mendez.  We cannot chance Trey losing because people think he does not have an opponent.  For ballot purposes he does, she just does not have an active campaign.
 
Also turning out for Trey in very large numbers sends a message to the TSC Board he carries the voice of the people.  This will give him a lot more weight on the Board and he needs that.
 
So no excuses - you must still get out and vote for Trey Mendez. The push is on - no excuses.
 
I AGREE AT THIS POINT MORGAN GRAHAM IS A VICTIM OF HORRENDOUS HARASSMENT - BUT

Under the law it should not be a challenge to discover the nut job who did this.  I do not care who they are they should be exposed. There is no excuse.  The following is not an excuse, because I do not care how elevated this has gotten this is way over the line.

I also want to add I do not care if you are a Morgan or John supporter or a Republican or Democrat - you must stand with Morgan in helping her expose this person.  This is something all civilized people should be able to agree on.

I went through this with the Herald. Someone coopted my name and was using it to defame people.  The Herald knew through their information I did not set up the account because it was done through them, but they refused to remove it.  The Herald supports this kind of harassment which is why it is a dying newspaper.

But had Morgan simply said she was acting under legal advice and that John Chambers had a legal right to seek judicial review and she respects that, then everything his supporters are doing would legitimately be seen as harassment.  But she did not take the high road she should have.

But this - no matter how Morgan has mismanaged this matter this is way over the line and not remotely justified.

After this nonsense I understand her frustration.  I hope a lawyer who knows how to get the information on the person who created the account will help her.  This is 100% intolerable and must be stopped.  But it is also intolerable that she blames John Chambers on no evidence.  I do not doubt a supporter of his or someone wanting him to look bad did this, but she has no evidence as to the vulgar pig who did this and she does not get that she is fueling the fire.

But I hope she finds the person and destroys them  - not just for herself but for all of Brownsville.  This type nonsense has to stop.  And I hope when she finds the person she will go public with the name, regardless of who it is. It could have just as easily been one of her supporters who did it to make John Chambers look bad.  If that is the case she needs to say that.  If she can prove it was John Chambers then post the proof and the BV will be the first to express disgust.
 
PRESIDENT OBAMA RESPONDS TO THE LIES BY THE REPUBLICANS
 
But a quick word on Morgan Graham
 
I am rejecting endless comments by her supporters that she has posted nothing negative on John Chambers and listens and responds to everyone. I have no fewer that 7 friends who have now been blocked from her page because they try and speak out.  I have read her bullshit lies and disrespect for the law.  I saw the picture of her showing her contempt for those who have died in service to the American people.  She used the picture of dead soldiers with their coffin draped in the American flag to claim she supports the law.  Shame on you Morgan.  Their sacrifices are not your tool to deceive your lemministic followers, and shame on them for not calling you out.
 
I have made it clear both sides are not helping themselves with the endless tit for tats.  I have made it clear she can win this.  But the liar is Morgan Graham to her supporters.  Every day her husband goes to court telling his clients he will win when he in fact loses.  Opposing lawyers are paid to make different arguments to the court and some days you win and some days you lose.  Morgan knows this - but lies to her lemministic followers to make them believe because a lawyer told her something it has to be right.  No - and she knows she is lying because she knows her husband does not win every argument.  The law can be complex.
 
I have defended her use of her powers, but question their proper use.  MORGAN'S JUSTIFICATION
 
The core issue herein is, is Relator John Chambers eligibility for office.  §145.003(f)  of the Texas Election Code “A candidate may be declared ineligible only if:  (2)  facts indicating that the candidate is ineligible are conclusively established by another public record.”

 What Morgan's esteemed counsel failed to do for her was research the law on the issue of a conclusive document. 
 
“The governing standard, “conclusively established,” bears emphasis. Something is “conclusive” when, by virtue of “reason,” it “put[s] an end to debate or question,” usually because of its “irrefutability.” WEBSTER’S THIRD NEW INTERNATIONAL DICTIONARY UNABRIDGED (2002).
 
Accordingly, Texas courts have explained that public records must leave no factual dispute concerning the conclusiveness of ineligibility. See In re Jackson, 14 S.W.3d 843, 848–49 (Tex.App.–Waco 2000, orig. pet.) (holding that a state actor under § 145.003 has “no fact-finding authority;” instead, she may “administratively declare that a candidate is ineligible only when the record conclusively establishes the candidate’s ineligibility”)

(Emphasis in original); Culberson v. Palm, 451 S.W.2d 927, 929 (Tex. Civ. App.–Houston [14th Dist.] 1970, orig. pet.) (holding that ineligibility was not conclusively established where there
remained “a fact question”). Emphasis added.
 
Morgan's counsel in his brief concedes there is a fact question which remains as to whether or not John Chambers can get his Peace Officers license back. 
 
In her brief before the Texas Supreme Court she provided a letter from the General Counsel for Texas Commission on Law Enforcement who said John Chambers is licensable in the future if
 
"(i) A revoked license cannot be reinstated unless the licensee provides proof of facts supporting the revocation have been negated, such as:

  (1) the felony conviction has been reversed or set aside on direct or collateral appeal, or a pardon based on subsequent proof of innocence has been issued."
 
It is not disputed there remains a fact question as to John Chambers eligibility to obtain his Peace Officers License.  §145.004 of the Texas Election code provides “FINAL JUDGMENT REQUIRED FOR ADJUDICATION OF INELIGIBILITY
 
Morgan through poor legal advice made a factual finding that John Chambers will not win his appeal and is therefore not licensable.  Note I am not blaming Morgan, I am blaming poor legal advice.
 
My issue with Morgan is two fold.  She got all indignant because John Chambers exercised his right to judicial review of her decision.  If she believed in the law she would have said, she did what counsel advised her was proper, and that John is now seeking judicial review of her decision as provided for by law.  She should have told everyone in the Party that everyone needs to just chill and sit back and wait to see what comes of the judicial review.  She did not.  Also as a Party Chair she was to remain neutral about the Parties.  She knew her decision was subject to judicial review and chose to attack John Chambers in violation of the Party rules.
 
I'm sorry that his supporters have been less than honorable in their attacks on her.  I have rejected endless vulgarities against her. 
 
BUT EVEN WITH ALL OF THIS, I AM STILL ON THE FENCE AS TO WHO WILL WIN
 
PRESIDENT OBAMA IN A FEW SHORT WORDS PROVES AMERICA IS GREAT BECAUSE OF THE CIVIL RIGHTS MOVEMENT AND THE REPUBLICANS ARE TOO STUPID TO USE HIS WORDS TO SAY, "SEE WE NO LONGER NEED LAWS WHICH PROMOTE DIVERSITY"
 
“You have two Cuban Americans in the Republican Party running against the legacy of a black man who was president while arguing that they’re the best person to beat the Democratic nominee who will either be a woman or a democratic socialist,” Obama said. “Who would have believed that back in 1959? That’s a measure of our progress as a democracy.”

Source:

Tuesday, March 22, 2016

 
DID MORGAN GRAHAM'S LAWYER CONCEDE DEFEAT
 
In her brief before the Texas Supreme Court she provided a letter dated today from the General County for Texas Commission on Law Enforcement who said John Chambers is licensable in the future if
 
"(i) A revoked license cannot be reinstated unless the licensee provides proof of facts supporting the revocation have been negated, such as:

  (1) the felony conviction has been reversed or set aside on direct or collateral appeal, or a pardon based on subsequent proof of innocence has been issued."
 
Under the election code his conviction is not final until the appeal is final.  If the court of appeals sets aside his conviction he is licensable.  This is not me saying it, it is the licensing authority saying it.
 
But I must say I still will not predict the result.

 
WE HAVE A DEADLINE DATE
 
The elections office has informed me their publisher is saying March 30th or 31st would be the deadline to submit the ballots for publishing in time to get out the military ballots.

An editor's Note:

I hate distractions.  There is no legal dispute that under certain facts a party chair can legally declare someone ineligible.  Anyone who disputes this is just ignoring reality.  There is no  dispute that John Chambers was convicted of felony offenses.  But under the election code § 145.004 clearly states that a conviction until final cannot be used to declare the candidate ineligible.

"A candidate's entitlement to a place on the ballot or to a certificate of election is not affected by a judicial determination that the candidate is ineligible until a judgment declaring the candidate to be ineligible becomes final. "

It is not disputed that John Chambers Peace Officers License has been pulled.   This does not change the election code,  Morgan Graham cannot deny the SOS office stated the Occupation Code was silent as to when a conviction is final.  I think it would shock every honest legal observer if the Texas Supreme Court ignores the clear language of the Election Code, while going with the silence of the Occupation Code.  But things happen and I can still see this case going either way.

I understand why Morgan did what she did based on a legal opinion from the SOS.  I think she acted in good faith based on that opinion, but that does not make the opinion correct.

To hold the office of sheriff you do not need to have a Peace Officers License for the first two years.

 Sec. 1701.302.  CERTAIN ELECTED LAW ENFORCEMENT OFFICERS;  LICENSE REQUIRED. 
 
(a)  An officer, including a sheriff, elected under the Texas Constitution or a statute or appointed to fill a vacancy in an elective office must obtain a license from the commission not later than the second anniversary of the date the officer takes office.
 
The plain language of the law is not disputed.  The issue really seems to be is he licensable?  Well we will not know the answer to that question until his appellate process is complete.  If the court of appeals acquits him he will be licensable.  In a perfect world of the law, the Texas Supreme Court would not speculate whether or not after his appeals if he will be licensable.  But we do not live in a perfect world.  So again I see this going either way.
 
The Occupation Code makes clear if John Chambers is acquitted on appeal he is not considered convicted.
 
"(18) Convicted--Has been adjudged guilty of or has had a judgment of guilt entered in a criminal case that has not been set aside on appeal, regardless of whether."
 
MY ISSUE
 
First neither John Chambers nor Morgan Graham are helping themselves or the Party with these endless tit for tats.  What I have outlined is the gist of the case.  Both parties need to chill and let the legal process work.  We are a land of laws, and it bothers me that Morgan claims the law for her position, but then denounces Chambers for accessing the law to seek his right to redress.
 
I GET IT
 
I fully understand why someone would vote against John Chambers considering the conviction.  It's logical.  But my respect for their vote does not translate into respect for their contempt for the law.  It is a jury finding John Chambers violating the law which forms the basis of their vote is it not?  So why can these same people not respect the law and just allow the law to play this one out?
 
But I see scenarios where either party can win.  So I sit and wait for the Texas Supreme Court to rule and then accept and respect their opinion.  Why is this such a challenge for so many people?

Monday, March 21, 2016

 
JUANITO THE LEGAL EAGLE FOR HIS CONTEMPT FOR VICTOR CORTEZ MISLEADS READERS ABOUT REMI GARZA'S ROLE IN THE JOHN CHAMBERS CASE

Juanito would have you believe the county lawyers can order Remi Garza to place John Chambers name on the ballot.  They cannot.  Now that is a mandamus against the county filed by Morgan Graham I would support.

The election administrator is included for one reason and one reason only - so he gets the order of Stay if one issues.  The only response they want from Remi is a one page response.  The Elections Office is not involved in this dispute, but our publisher has informed us in writing the final deadline for submitting the names for the ballot in order to have them in time to mail under the military ballot rule is xyz date.  That is it.  That is all the Commissioner's court has to authorize their lawyers to file with the Texas Supreme Court.  A one page document which tells them the deadline to rule before the case becomes moot.

But know this Morgan if Commissioner's court follows Juanito;s brilliant legal advice and orders John's name placed on the Ballot there will be no stronger voice supporting your mandamus against Cameron County than the BV.

What an idiot Juanito is, but then Louis Sorola is his legal counsel.
 
SUPREME COURT REFUSES TO OVERRULE LOWER COURT FINDING THIS LICENSE PLATE TO NOT VIOLATE SEPARATION OF CHURCH AND STATE

A Christian man sued claiming the above plate represented a religious view.  "The image comes from a famous bronze sculpture that depicts an Indian shooting an arrow skyward in hopes that the "spirit world" or "rain god" will answer prayers for rain."

See story

The Apache are an important part of our history and I do not see a problem.  I am so tired of so many people wanting to wipe our history and culture from the public place.  We need to know our history and culture - the good and bad.

Christmas for example has become a universal holiday.  Millions of non-Christians celebrate Christmas all over the world as a time of peace and giving.  If for you it is a religious holiday - good for you.  But for many it is not.  Based on this I get all upset when people say the Christmas tree represents a religious symbol.  It does not.  For some it does and for some it is a cultural tradition which comes with a holiday which celebrates peace and giving.  People should be allowed to view it in anyway they wish.  But it is not universally a religious symbol and should be in the public square during the holidays. 

As I said the other day, St Patrick's day is a universal holiday - you need not be Irish.  But then people get all upset when we celebrate Cinco de Mayo - trust me Anglos who like to drink and eat Mexican food love this holiday and celebrate it.  Growing up we use to go to the Italian celebration for San Gennaro .  We went for the food and festivities.  We were not Italian.

This is one of the things I love about our country.  We can celebrate each other's holidays to the point they become universal for all but special for the group in whose name the holiday is celebrated.  It is what makes us special as a country.

 
MORGAN GRAHAM PROVES HER CONTEMPT FOR THE LAW
 
No matter how much Morgan Graham hates the law, it is still the law.  The discussion is not whether John Chambers should have his name on the ballot, but does he have a legal right to ask for judicial review of Morgan's decision.  Indignant of the law, Morgan has a hissy fit encouraging people to bad mouth John for exercising the right given to him by the Texas Legislature [Republican controlled by the way for over 20 years].  If you know anything about ballot access law, you know the State Party and County Party Chairs lose most of the battles. 
 
I will note a federal and state case wherein the Texas Republican Party lost their ballot access cases.  According to Morgan the fact that the candidates win nearly all of these ballot access cases make John Chambers a cry baby for exercising her rights.  Shame, shame, shame on the Cameron County Republican Party for having as their chair someone with so little regard for We the People exercising our rights.
 
In the case of Tom Delay, the  federal court of appeals ruled against the Texas Republican Party.  In the case of Robert Francis the Texas Supreme Court rules against the Texas Republican Party.  Are you getting a hint the Texas Republican Party is having a hard time respecting the law as to ballot access?
 
Lets assume after the primary, but before the canvass, Morgan Graham was legally eligible to declare John Chambers administratively ineligible to hold the office of sheriff.  I am taking this issue off of the table.  I am giving it to Morgan for argument's sake.
 
Morgan under § 145.003 of the election code used the revocation of John Chambers Peace Officers license as evidence that he is ineligible to hold the office of Sheriff.  Based on this document she administratively declared him ineligible. 
 
The question then becomes what are the qualifications for holding the office of Sheriff?
 
For the first two years of office he does not need a peace officer's license.  So a peace officer's license is not a condition of holding officer for at least two years into office.
 
Sec. 1701.302.  CERTAIN ELECTED LAW ENFORCEMENT OFFICERS;  LICENSE REQUIRED. 
 
(a)  An officer, including a sheriff, elected under the Texas Constitution or a statute or appointed to fill a vacancy in an elective office must obtain a license from the commission not later than the second anniversary of the date the officer takes office.
 
Under the plain language of the Texas Administrative Code Title 37, which is controlling over the Occupation Code, if John Chambers is acquitted on appeal he has no conviction and can get his peace officers license back.  Restated after being elected he has two years to be acquitted on appeal.
 
Also the Occupation Code Rules are subject to the Texas Administrative Code and that Code is clear that if Chambers is cleared on appeal or is pardoned with a notation the evidence shows he was innocent, he would have no conviction.

(18) Convicted--Has been adjudged guilty of or has had a judgment of guilt entered in a criminal case that has not been set aside on appeal, regardless of whether:

(A) the sentence is subsequently probated and the person is discharged from probation; (B) the charging instrument is dismissed and the person is released from all penalties and disabilities resulting from the offense; or
 
(C) the person is pardoned, unless the pardon is expressly granted for subsequent proof of innocence. 
 
The lawyers at the SOS office are notorious for getting the law wrong.  Their job is to write an opinion which suits the requester and not the law. 

THIS IS NOT ABOUT JOHN CHAMBERS QUALIFICATIONS, IT IS ABOUT HIS RIGHT TO EXERCISE HIS RIGHTS. SO WHY IS MORGAN GRAHAM SO OPPOSED TO JOHN CHAMBERS EXERCISING HIS RIGHTS?  SHE HAS NO USE FOR THE LAW

Given the Texas Republican Party's penchant for losing ballot access cases, one would think as someone who has sworn to uphold the law Morgan Graham would be encouraging John Chambers to exercise his rights instead of calling him a cry baby and encouraging people to attack him for exercising his rights.

AND FOR THE RECORD

What I am hoping more so than anything else what comes from the Texas Supreme Court opinion regardless of who wins is a discussion concerning the State's need to schedule the primary run-off for the 4th Tuesday of June instead of May.  The law as written allows candidates to steal elections with mail ballots because in a mail ballot case there is no time to collect the evidence, try the case and take it on appeal.  One would think CAVA would support me on this issue, but Mary Helen Flores is on record of opposing John Chambers exercising his rights. She posted the below comment on Morgan's FB page.  So much for respecting the votes of those who voted for John Chambers.  So what Mary Helen Flores is saying is, CAVA only respects the votes of those who vote for people she supports, and not all voters.

"Mary Helen Flores I question who would continue to fund a former candidate convicted of public corruption crimes. The mentality that public corruption is okay is a huge problem."

NEWSFLASH FOR MARY HELEN FLORES and MORGAN GRAHAM

In Cameron county we have seen multiple examples of people convicted by Luis Saenz, including one man sitting on death row, exonerated on appeal.  But according to Mary Helen Flores and Morgan Graham, these people just should have taken their punishment including a lethal needle rather than exercise their right to the appellate process. 

From a 2009 post of the Freedom Project:

"Eighteen people have been proven innocent and exonerated by DNA testing in the United States after serving time on death row. They were convicted in 11 states and served a combined 229 years in prison – including 202 years on death row – for crimes they didn’t commit."

According to Mary Helen Flores and Morgan Graham these people just should have taken the lethal needle than exercise their right to exonerate themselves.  I am shocked give the undisputed fact John Chambers is doing nothing more than exercising his right, and the evidence of the number of people who have been removed from death row for exercising their appellate rights that any rational person would consider the words of Mary Helen Flores or Morgan Graham.

Justice is only served when all rights have been asserted and a result is final.  Why are Morgan Graham and Mary Helen Flores so opposed to the process playing out as provided for by law? 

If Morgan wins, and I see a path for a win, then she could have said she followed the rules and protected the voters.  But as of now because she has been so out spoken against John Chambers exercising his rights, she has lost that moral high ground.

It is clear Mary Helen Flores only respects the votes of those who vote for the candidates she supports and not all of the electorate.  It is time CAVA is recognized as the con organization it is.

Friday, March 18, 2016

 
NEWSHFLASH, TEXAS SUPREME COURT ACCEPTS CHAMBERS' MANDAMUS AND ORDERS MORGAN GRAHAM TO DEFEND HER DECISION
 
UPDATE FOR TROLLS:
 
In typical troll fashion I was told I had no idea what the filing meant and that it in fact only meant the clerk accepted it.  Well I have won enough of these to know how it works.  The order requesting a response  was sent out after the mandamus lawyer did the work up and the justices reviewed it.  It was not an order simply sent out because there was a filing.  It was sent after the Justices reviewed the mandamus.  From the Texas Supreme Court Docket sheet.
 
"
03/18/2016Work-Up by Staff / Review by Justices
 
After reviewing the Petition the Justices would not have ordered an answer had they not seen something.  But like I said even at this point there is a 25% chance once they review Morgan's response they will deny the Mandamus.
 
There was a defect in the filing in that the filing fee did not include the fee for the Stay.  Chambers lawyer was ordered to pay it and it was paid, so that issue is resolved.
 
ORIGINAL POST
 
The knowledge of the order for Morgan to respond by 5 p.m. Tuesday came late so it was too late to check with Remi Garza to learn if the Texas Supreme Court called him for a firm deadline. UPDATE - REMI GARZA WAS CALLED.  IT IS NOTED IN THE ORDER
 
It seems odd to me if the deadline has passed that the Court would not simply have denied it as moot.  But it is anyone's guess.
 
For now, the Cameron County Republican Party will have to pay an attorney to file a response.  Do I hear Fundraiser to pay for the attorney?
 
This development does not mean Chambers has won, it simply means they see something.

 
MORGAN, MORGAN, MORGAN, MARRIED TO A LAWYER AND YOU STILL CANNOT GET IT RIGHT
 
From the Texas Occupation Code:
 
Sec. 1701.302.  CERTAIN ELECTED LAW ENFORCEMENT OFFICERS;  LICENSE REQUIRED. 
 
(a)  An officer, including a sheriff, elected under the Texas Constitution or a statute or appointed to fill a vacancy in an elective office must obtain a license from the commission not later than the second anniversary of the date the officer takes office.

 
JOHN CHAMBERS SUES MORGAN GRAHAM AND CAMERON COUNTY REPUBLICAN PARTY BEFORE THE TEXAS SUPREME COURT

Remi Garza is also included, but only incidentally so that he receives immediate notice of any stay concerning Morgan Grahams actions.  The SOS lists March 17th as a recommended date for submitting the names to be placed on the ballot, but the date is not set as law.  This is still 20 days out from when the military ballots have to be sent out so there is still time.

I suspect the Texas Supreme Court will ask Remi Garza to give them a hard date as to when the request for the printing of the ballots must go out.  Depending on this date, Chamber's case could be declared moot.

The fundamental problem is with the Texas Legislature.  When the law concerning the mailing of military personnel ballots was enacted a few years ago the Texas Legislature should have changed the runoff date from the 4th Tuesday of May to June. 

Independent of Chambers if you believe fraudulent mail ballots are keeping you off the runoff ballot would you want more than a few days to file your election contest?  Of course you would.  The Texas Legislature really needs to fix this and change the runoff to June.

The SOS in their letter to Morgan Graham told her the Occupation Code is silent as to when a conviction is final.  Under standard statutory construction rules you then look to other statutes.  The Election Code clearly says Chambers conviction is not final until after the appeal and he loses.

Also the Occupation Code Rules are subject to the Texas Administrative Code and that Code is clear that if Chambers is cleared on appeal or is pardoned with a notation the evidence shows he was innocent, he would have no conviction.


(18) Convicted--Has been adjudged guilty of or has had a judgment of guilt entered in a criminal case that has not been set aside on appeal, regardless of whether:

(A) the sentence is subsequently probated and the person is discharged from probation;
(B) the charging instrument is dismissed and the person is released from all penalties and disabilities resulting from the offense; or
 
(C) the person is pardoned, unless the pardon is expressly granted for subsequent proof of innocence. 
 


I have no idea what the Court will do.  The filing was about 2:36 today.  It may be too late for the Court to issue an order to Morgan to Respond by 5 p.m. Monday.

In these type cases if a majority of the court agrees with John Chambers they will issue a Stay mandating his name be placed on the ballot, with an opinion to come at a later date.

We now sit and wait.  The easiest out for the Texas Supreme Court is to say the case is moot because there is no time to complete the review before the printing of the ballots.
 
REBRANDING CARLOS MARIN, AND THE MOVEMENT FORWARD ON THE WORKFORCE JOB TRAINING CENTER

As a socialist it drives me nuts when those who defend capitalism are always attacking those who are making money under the capitalist system.  The capitalist system should have died out long ago without the corporate welfare state created by the Republicans.

But here is the deal - business in this country is done by moving in the right circles and getting the right connections.  It is not unique to Brownsville or any one person in Brownsville.  Do I like the system ?  Nope - but you move forward by navigating within the system you have and not by endlessly attacking it.  We change it at the polls by voting out of office anyone who supports corporate welfare or corporatism, regardless of political party affiliation.

The great distinction between Carlos Marin and Mike Hernandez is Carlos Marin took money from the community while Mike Hernandez is trying to give money to the community.  This is where Carlos Marin has to rebrand himself.  If he is going to change his public image on the Workforce Job Training Center which is in progress as we speak he needs to give to the project instead of looking for a way to make money on it.

THE WORKFORCE JOB TRAINING CENTER

I am going on 12 years of calling for a job training center for robotics manufacturing.  Well after 12 years of proving we will never get manufacturing jobs until we have such a center, the project is finally moving forward.  Public Sector entities, and various private entities ranging from individuals and possible manufacturers are meeting on how to make the workforce center a reality.

This is not United Brownsville, this is a project which came about by various entities, public and private coming together and just deciding it is time to move forward. Private money is being put on the table. 

Like any major project money is an issue - this means budget.  The right people are getting on board to move this forward with public, grant, and private money. 

The primaries in this group believe that manufacturing is a better option for the 550 corridor and the Port than LNG.  For now LNG is dead.  Companies all over the world have stop development of plants because of the low price of oil.  The long term job growth is very small when compared to what a manufacturing corridor will do for the area.

The 550 corridor will bring in tax revenues for many taxing authorities including the county, various cities and various school districts.

I cannot tell you if this group will succeed.  I can tell you they have all of the right players at the table.  If you do not have a voice at the table you do not have a voice. 

CARLOS MARIN

I am not one to look to someone's past and hold on to it regardless of what they are doing today.  Carlos Marin needs to understand he has a major PR problem in Brownsville over Imagine and United Brownsville.  People are not going to forget the $900,000 charged for a study which gathers dust and will never amount to anything.

HOW CARLOS MARIN REBRANDS HIMSELF

Carlos Marin needs to donate the services of his engineering company to design the Workforce Job Training Center.  This time he needs to be a giver instead of a taker.  There are others offering to put millions on the table, or pay for the grant writers to get the money.

The budget is a real problem.  The debate right now is whether to build it at Amigo Land Mall as part of the TSC campus or to build it on SH 550, which will put it next to the manufacturers thereby making internships easier.  But here is the reality - where it is built will be based on how much money they have.  Budget constraints may force its construction at Amigo Land Mall.  But this is where Carlos Marin can make a difference.  If his firm donates the engineering services for development of the Workforce Job Training Center, it will make it easier to build the center on SH 550.  The group also has to consider transportation.  If the facility is built on SH 550, they need to make sure the city will run buses to the center, or TSC will need to run to students to the facility.

WE HAVE THE RESOURCES TO MAKE THIS WORK

It is just a matter of the right people donating services and helping to raise the money.  UTRGV certainly has a major role in developing the technology or advising on the technology needed for a robotics training center.  BISD and TSC certainly play a role in delivering the training.  The private sector has a lot of money to make by investing money now to make this a reality.

This is real my dear readers and it will happen.

ON THE PORT ELECTION

I am not going to tell you how to vote.  You need to decide which do you think is better for the county and Brownsville.  LNG or Manufacturing?  Once you decide then vote for the Port candidate who supports that which you think is best.  But before you vote find out who stands for LNG and who stands for manufacturing.  But if you insist vote blindly based on the endless unsupported conspiracy theories.