Friday, March 11, 2016

 
SHERIFF OMAR LUCIO PONDERING SAENZ'S NEXT MOVE

To people paying attention the move by Morgan Graham and Carlos Cascos to remove John Chambers from the ballot is no surprise.  People never really knew Cascos because he had Cris Valadez doing his dirty work behind the scenes. Cascos and Saenz had long worked together to carry out dirty deeds.  This is well known to the insiders in Cameron county politics.

Let's begin with what Carlos Cascos has posted on his SOS web page.

"Please also consider the following information before you challenge an application on the grounds of felony conviction:
  • A conviction on appeal is not considered a final felony conviction."
The only known communication is an email from Morgan Graham stating Cascos' lawyers are stating that because Chamber's peace officer's license has been suspended pending the appeal he is no longer eligible to be on the ballot. This is going nowhere because the law is clear, even a dead person's name cannot be removed from the ballot one you are 62 days before the primary election.  The law is also very clear that even being declared as ineligible is not a basis to remove your name from the ballot if you are 62 days or less before the election.

THIS IS WHERE IT GETS INTERESTING

We all saw the numbers - Democrats out number Republicans by a large margin in Cameron county and Sheriff Lucio has proven time and again he can hold his own even against Democratic challengers.  So to what end does Morgan and Carlos put their positions on the line to manipulate the election?  They are waiting on Saenz to indict Sheriff Lucio.

Saenz is over confident with the protection DPS, DOJ, FBI, and Texas Rangers are providing for him.  Sheriff Lucio can rally his own independent law enforcement to force and indictment of Morgan Graham and Carlos Cascos, for illegally interfering with the election..  This is a very, very dangerous game to no end.

WHERE THE CON ARTISTS WIN

I have spoken with the Chambers campaign and they are telling me they have been given no reason other than the contents of the email as to why he was removed from the ballot.   Morgan and Cascos are playing a delay game hoping the clock runs out before a judge can rule.  This is how the con wins over justice.

The Chambers campaign needs to sue Morgan Graham and Carlos Cascos today.  Chamber's lawyers need to demand the assigned judge sign the order of transfer of the case to Judge Leal today.  They cannot chance the case ending up in Judge Nelson's court because he will sit on the order of transfer until the clock runs out.  Leal has to set it for immediate hearing.  A mandamus can then be taken directly to the Texas Supreme Court of the trial court ruling.  Chamber's lawyers need to start preparing the mandamus today and have it ready.  Once the clock runs it will not matter that the law was on Chambers side.

I see this all of the time with local counsel.  They sit on everything until the clock runs.  This is how Begum lost her election contest against Garcia, although the numbers show she never had the evidence anyway to change the election result.  Her attorneys were repeatedly warned about the clock issue and sat on it and then Begum's supporters yelled conspiracy.  No - it's the law.  They sat on it because they knew they did not have the numbers to change the result.  Better to blame the judge than admit they never had sufficient evidence to change the result.

What I just read actually surprised me, if after a person qualifies for their name on the ballot they become disqualified even because of death, their name must remain on the ballot.  Graham and Cascos are totally out of line with the law in removing Chambers.  But they will win because I know local counsel - they will allow the clock to run - they are simply too stupid to count.  Chamber's case is a simple question of law so the court can rule in one day.  If properly handled by a competent election lawyer we can have a final ruling by next week.  By next week I mean from the Texas Supreme Court.  It is a straight up and down simple question of law, even if Chambers is disqualified over his ability to hold a peace officer's license.  If Chambers were to win in November the Court of Appeals can Stay the conviction to allow him to get his peace officer's license back.

The case law:

The Texas Election Code provides, “A candidate’s name shall be omitted from

the general primary election ballot if the candidate withdraws, dies, or is declared
ineligible on or before the 62nd day before general primary election day.” TEX.

ELEC. CODE ANN. § 172.057 (Vernon 2003) (emphasis added). However, “[i]f a
 
candidate who has made an application for a place on the general primary election

ballot that complies with the applicable requirements dies or is declared ineligible

after the 62nd day before general primary election day, the candidate’s name shall be placed on the ballot ..." Id. § 172.058 (Vernon 2003).
 
Here, Sherman filed his petition for writ of mandamus on January 29, 2010,

and the primary election date is March 2, 2010. Therefore, less than 62 days

remained before primary election day. Accordingly, even if we were to declare

Clouser ineligible, his name would remain on the ballot and any votes cast for him
 
would be counted. See id.; Brimer, 265 S.W.3d at 928"

If Chambers can find competent counsel and file today this can be moved fast enough to force the issue of placing his name on the ballot.  The clock is ticking.  I have not checked the dates for the deadlines because I do not want anyone to rely on my calculations.  But they must move today. 

Now my position on all of this may change if Cascos and Graham issue a different written opinion.  But if it can be shown it was a conspiracy by Cascos and others, Cascos can easily find himself on the receiving end of an indictment.

Sheriff Lucio is not going to sit back and allow this nonsense to play out.  His team of lawyers I am certain are on it and will be pulling  their defensive moves against Saenz.

4 comments:

Anonymous said...

Uhhhh why escobedo's name stayed on the ballot. What about Izaquirre?

Anonymous said...

Uhhhh why escobedo's name stayed on the ballot. What about Izaquirre?

BobbyWC said...

I have more on this story Monday. Cortez hung himself because he is hopelessly corrupt. Morgan's attorney has already put her defense in writing - it is laughable. He proves that because someone is willing to pay him he will sue god for his client for making them stupid.

Wait for Monday's post - it is so laughable how Morgan and Cortez screwed themselves. Both will suffer major damage by their conduct, when there was no reason for Morgan's actions - But this is what happens when you are driven by dishonest and corruption.

I was laughing so hard when I read her attorney's defense. He basically concedes he gave Morgan really bad legal advice.

Bobby WC

Anonymous said...

Omg. Can't wait for Monday!This woman Morgan Graham needs to resign and someone from the Republican Party should see what she's doing is wrong! Why won't anyone do anything? No one likes a party who fights amongst themselves. She's supposed to be keeping the peace not bringing about more problems. Democrats are laughing this up. It's Republican vs Republican how sad.