Gun News Roundup for May 21, 2024

May 21st, 2024

A few tidbits of gun news, so let’s do a roundup.

  • “Texas, Gun Owners of America Secure Court Order Against ATF.”

    After the U.S. Department of Justice (DOJ) proposed a new rule expanding federal firearm license (FFL) requirements, the Office of the Texas Attorney General and Gun Owners of America filed a joint lawsuit challenging the rule, and on Sunday secured a federal court order blocking the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from enforcing the rule against certain plaintiffs.

    The DOJ claimed the rule was to help implement the Bipartisan Safer Communities Act (BSCA) authored by Sen. John Cornyn (R-Texas), but critics, including Cornyn, say the Biden administration violated the law and the Constitution in proposing the rule.

    The rule has prompted Cornyn to file a resolution of disapproval in the U.S. Senate seeking to strike it down legislatively.

    Under the rule, gun owners would be forced to obtain an FFL and perform background checks before selling firearms in a wide range of new circumstances, including if they rented a table at a local gun show.

    However, the court order by Judge Matthew Kacsmaryk compares the language of the BSCA against the new rule, highlighting how FFL requirements evolved from the original statute contained in the Firearm Owners Protection Act (FOPA) of 1986 to the current statutory language in the BSCA, and finally compared that to the new rule.

    The FOPA required those “engaged in the business” of dealing firearms to have an FFL. It defined such persons as one “who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.”

    The BSCA changed the “engaged in the business” definition, broadening it by eliminating the requirement that a person’s “principal objective” of purchasing and reselling firearms must include both “livelihood and profit,” by shortening the requirement to just someone who predominantly earns a profit, Kacsmaryk explained.

    He also noted the BSCA did not alter an existing exemption for a person who “makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”

    Kacsmaryk wrote the new rule likely violated statutory laws in several ways, beginning with the requirement that a person who sells a single firearm or discusses selling a firearm could be subjected to licensure requirements under the rule conflicts.

    Another provision he said likely runs afoul of the BSCA is the prohibition of firearms obtained for personal protection from being counted among the guns a firearm owner may sell from their personal collection.

    “Nothing in the foregoing text suggests that the term “personal collection” does not include firearms accumulated primarily for personal protection — yet that is exactly what the Final Rule asserts,” Kacsmaryk wrote, adding the DOJ’s defense of that provision is “untenable.”

    “I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Paxton said in a statement on the order. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”

  • And speaking of Cornyn gun legislation, he filed a bill to undo the Biden Administration’s attempts to ensnare ordinary Americans in ATF regulations:

    en. John Cornyn (R-Texas) took up two pieces of Second Amendment-related legislation last week, filing a resolution of disapproval aiming to shoot down a proposed rule by the Biden administration to require federal firearms licenses (FFL) for most private gun sales, and a separate bill seeking to relax taxes imposed on firearms regulated under the National Firearms Act (NFA).

    The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) proposed a rule that greatly expands the circumstances in which someone is required to hold an FFL in order to sell a firearm, and when someone must conduct a background check on a potential buyer.

    In proposing the rule, the Department of Justice (DOJ) said its purpose was to finalize the implementation of the Bipartisan Safer Communities Act (BSCA), legislation authored by Cornyn that passed in 2022. However, Cornyn says the rule violates congressional intent.

    The rule would greatly expand upon the circumstances in which someone is required to obtain an FFL, including if they rent a table at a gun show, make firearm purchases in an amount that exceeds their reportable income for a specific period of time, create records that track profits and losses from firearm sales, or any combination of a litany of details that could result in requiring a license.

    According to Cornyn, the BSCA was motivated after the mass shooting at Robb Elementary School in Uvalde that killed 19 children and two teachers. He also provided the mass shooting in Odessa as an example of what the bill was intended to prevent.

    Addressing media questions regarding the resolution, Cornyn pointed out that the Odessa gunman was known to suffer from mental illness. He obtained the rifle used in the city-wide shooting spree from a Lubbock man who was purchasing bulk rifle parts from the internet, which he would assemble into functional rifles and sell as part of a regular business.

    The man who sold the AR-15-style rifle to the Odessa gunman, Marcus Braziel, was convicted of acting as an unlicensed firearm dealer and failing to conduct a background check that would have prevented the sale of the rifle.

    “Those making a living or profit for a business motive was the focus of the law, not those casually buying or selling their personal guns,” Cornyn told reporters.

    “This rule is proof that the Biden administration is a dishonest broker, and Congress must hold it accountable for its actions in favor of its gun-grabbing liberal base over the Constitutional rights of law-abiding Americans,” Cornyn added in a statement on the resolution.

    The resolution currently has 45 co-sponsors in the Senate.

  • The NRA has some new officers, and there are a few surprises.

    Bob Barr representing the Old Guard did win the Presidency. The vote was 37-30. Then the surprises began. Bill Bachenberg from the reform slate went head to head with Blaine Wade for 1st VP and won 36-31. Following that, reformer Mark Vaughan, president of the Oklahoma Rifle Association, beat Tom King 35-31. King really represented the Old Guard and his defeat was a sea change in attitude on the Board.

    Second, and what I consider the biggest surprise, Doug Hamlin, Executive Director of Publications and the reformer’s choice for EVP, beat Ronnie Barrett for EVP/CEO. There is some talk that Hamlin is intended as an interim choice while a nationwide search is conducted.

    The excessive power that Wayne LaPierre gathered to the Executive Vice President position is part of the problem with the office, and is what let LaPierre turn the NRA into his own personal fiefdom. A lot of that should be stripped away and returned to the board.

  • More NRA news: The move to Texas resolution failed. Short term, there’s no question that move to Texas was planned as a Hail Mary to extract LaPierre from the legal troubles his corruption had ensnared the NRA in, and in that it failed. Long term, it probably is in the best interest of the NRA to move to Texas, as the state is a lot more friendly to gun rights, both politically and culturally, than either New York or Virginia.
  • And speaking of NRA news, I would be remiss if I didn’t point out that Dwight covered his trip to the convention, so if you’re interested in that, head over there and just keep scrolling.

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    Posted in Guns, Regulation | 4 Comments »

    Could Trump Tap Paxton As Attorney General?

    May 20th, 2024

    Here’s news that will be catnip to conservative activists.

    Former President Donald Trump has strongly hinted at considering Texas Attorney General Ken Paxton for a cabinet spot should he win in November, but now he’s made it explicit.

    Over the weekend at the National Rifle Association’s convention in Dallas, Trump was asked by Fox 4’s Steven Dial whether Paxton is a name worth considering for U.S. attorney general. He told Dial, “I would, actually [consider Paxton]. He’s very very talented. We have a lot of people that want that one and will be very good at it.”

    “But he’s a very talented guy. I fought for him when he had the difficulty [in impeachment] and he won. He had some people after him and I thought it was very unfair. He’s been a great attorney general.”

    Paxton’s legal team defeated the impeachment effort last year, and then the long-running case against him over alleged securities fraud was dropped just before he was set to go to trial. The Whistleblower case against the Office of the Attorney General, which served as a basis for impeachment, remains underway, though depositions were paused.

    This isn’t the first time Trump has gestured about a Paxton appointment should he win another term in the White House. Back in November, he mentioned Paxton among others in an interview with The Texan. The former president also mentioned Paxton in a February interview with Fox News alongside Gov. Greg Abbott, during which he noted the governor as a potential candidate for vice president. Abbott has since said he’s not interested.

    The Texas attorney general has long been an ally of Trump, most notably filing the 2020 challenge against four states for changing their election laws without permission from their respective legislatures — something Texas did too, but which wasn’t included in the suit.

    Paxton was ultimately endorsed by Trump for re-election in 2022, though the former president dragged out the process, considering both Paxton and his eventual runoff opponent George P. Bush.

    Last month, Paxton flew to New York City to join Trump at his ongoing criminal trial — a proceeding that Paxton called “a sham of a trial” and a “travesty of justice.”

    At the same event, Trump also reiterated his endorsements of challengers to Texas House incumbents David Covey, Alan Schoolcraft, and Helen Kerwin, along with Texas Senate candidate Brent Hagenbuch.

    It would be quite satisfying to watch Paxton help undo the radical agenda of the Biden Administration and carry on the campaign against federal overreach from within the federal government.

    A lot of possible appointments get floated during campaign season, and there’s no shortage of potential Attorney General candidates. But a whole lot of conservative names floated as possible appointments during Trump’s presidential run (Brett Kavanaugh, Neal Gorsuch and Amy Coney Barrett being three that most readily come to mind). So there’s a definite possibility that this could come to pass in Trump’s second term.

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    Posted in Republicans, Texas | 7 Comments »

    Is Jeremy Clarkson Saving UK Farming?

    May 19th, 2024

    It may be a stretch to say that everyone’s favorite bombastic Brit petrolhead-turned-farmer is saving UK farming, but he certainly seems to have drawn attention to its post-Brexit, regulation-strangled plight.

  • “In 2008, during the peak of Top Gear, Jeremy bought a thousand acres of land and farm called Curdle Hill Farm in Oxfordshire England, near Chipping Norton in the Cotswalds. The land came up for sale during the 2008 financial crash and was going for a lot cheaper than usual. When I say ‘cheaper,’ I mean £4.25 million.”
  • Clarkson: “The truth of the matter was that land almost never comes up for sale around here, and 2008 was the big financial crash, and this came up for sale, and I just thought ‘nobody’s making more land,’ so many people are moving out from London. But it was a lot, lot, lot, lot, lot less then, so I just thought ‘may as well get it.'”
  • Also for something to leave to his children, since you don’t pay estate taxes on agricultural land.
  • The guy Clarkson was paying to farm the land for him retired in 2019. That and Flu Manchu gave birth to Jeremy Clarkson, Novice Farmer and newly rechristened Diddly Squat Farm.
  • I’m going to skip over the details of his farmhouse renovation…

    …and note that the new house has a basement theater, among other amenities, so he’s not exactly roughing it.

  • “Due to the weather, the farm’s crops brought in £90,000 less than the previous year, leaving them with only a profit of £144.”
  • “When the show released the following year Clarkson’s Farm became the most watched Prime Video Original Series in the UK.” It’s also been at the top of the ratings heap in the U.S. as well, getting much better ratings than things like The Rings of Power, which has to be something like one or even two orders of magnitude more expensive to film.
  • Clarkson: “What’s happening to farming in this country is ethnic cleansing. That’s a strong thing to say, but it sort of is happening. The government is trying, really, to drive farmers off their land.”
  • “In five years, the subsidies, the grants, are stopping, so farms have to think of new ways of making money.”
  • Another farmer: “Most farmers like me are 66 years old. We’re throwing in the towel. Let’s just take the government money. It won’t be our problem if people starve.”
  • “We’ve been paid to grow wild flowers. We need to have food produced and made in the UK, but people say well we can import from aboard. The same madness is happening in Europe, they’re asking farmers to plant wild flowers instead of food.” This appears to be done under a Sustainable Farming Incentive program, which offers subsidies for “Flower-rich grass margins, blocks, or in-field strips” and “Herbal leys.”
  • One of the continuing plotlines on Clarkson’s Farm is how the local council opposes every single one of Clarkeson’s money-making farm enhancements in the name of “tradition,” from a farm shop selling locale produce to a restaurant using the farm’s ingredients. This makes for great TV, but I can only imagine how difficult such a battle would be for a farmer without Clarkeson’s fame and resources.
  • “Clarkson has done more for the farming community to bring attention to their case with just two seasons than any farming organization has done in decades.”
  • “Farmers across the world have praised the show for highlighting the struggles they have to go through.”
  • “The many bases that this show covers is pretty incredible, from animal conservation, bureaucratic jargon, climate change, and just generally detailing how difficult it is to run a farm, especially in these current times.”
  • “It’s educated the masses about an industry that gets easily neglected, despite its glaringly obvious necessity.”

    • Someone needs to save farmers, not just in the UK but here as well, from the global warming fanatics who would drive them out of business.

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    Posted in Global Warming, Regulation, video | 4 Comments »

    Satan Asks Democrats To Tone Down All The Evil

    May 18th, 2024

    In the tradition of “something lite for the weekend,” here’s The Babylon Bee’s Satan asking Democrats to tone it down a notch:

    “I love the homicidal thing that you got going on there. I really dig it. OK, but maybe market it just a little bit differently. Like the serial killer that everyone thinks is such a sweet guy. You know, he’s got 27 bodies in the basement, but he’s like, you know, coaching Little League. That’s what I want.”

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    Posted in Border Control, Democrats, Elections, Social Justice Warriors, video | 4 Comments »

    LinkSwarm for May 17, 2024

    May 17th, 2024

    More Biden corruption unearthed, the Biden Recession has canaries dying left and right, yet another Katy ISD teacher involved in child sex crimes, and Phoebe Waller-Bridge is being given another tomb raider to destroy. It’s the Friday LinkSwarm!

  • Missouri AG Accuses Biden DOJ Of Coordinating With Trump Prosecutors.

    Missouri Attorney General Andrew Bailey filed a Freedom of Information Act (FOIA) request on Thursday as part of a probe into whether the Biden DOJ coordinated with Trump prosecutors.

    Missouri Attorney General Andrew Bailey filed a Freedom of Information Act (FOIA) request on Thursday as part of a probe into whether the Biden DOJ coordinated with Trump prosecutors.

  • More shady Biden accounts discovered.

    House Oversight Committee Chairman James Comer dropped a bombshell on Thursday, revealing that his panel had unearthed new financial accounts tied to the Biden family investigation. Adding to the drama, Comer announced a fresh subpoena aimed at an undisclosed bank, ramping up the pressure in this ongoing probe.

    “This morning, I issued a subpoena for targeted financial information from a certain financial institution related to Jim Biden, Sarah Biden and Hunter Biden. This is a result of many of the documents that Devon Archer turned over,” Comer told Maria Bartiromo on Fox Business.

    The Oversight Committee began investigating the Biden family’s alleged shady business dealings over two years ago. In March, they called for Biden to testify before Congress, stating that “the committee has accounted for over $24 million that has flowed from foreign sources to you, your family, and their business associates.”

    “It is unbelievable,” Comer continued. “I don’t think you would find very many people that have a billion-dollar net worth that have as many different bank accounts as this Biden family had. Many of these were shell companies.”

    Those were “companies [whose] sole purpose was to launder the money that the Bidens were receiving from China, from Romania, from Russia,” Comer added. “And never one time through the course of this entire investigation, even during the depositions with Hunter Biden and the transcribed interview with Jim Biden, were they able to answer exactly what the family did to receive this money.”

    (Hat tip: Stephen Green at Instapundit.)

  • Don’t look now, but silver just broke the $30 mark for the first time in forever. A whole lot of investors think inflation is baked into the cake now.
  • IKEA says that the current economy is the worst they’ve ever seen. There are lots of other canaries keeling over as well…
  • “Hunter Biden Loses Bid To Halt Tax Evasion Court Proceedings As 9th Circuit Dismisses Appeal.” Will a member of the Biden crime family actually serve time for their misdeeds?
  • “Nearly Half of All Masters Degrees Aren’t Worth Getting. According to new research, 23 percent of bachelor’s degree programs and 43 percent of master’s degree programs have a negative ROI.” (Hat tip: Instapundit.)
  • If your farm is in the state of California, State Farm no longer wants your business.
  • Meanwhile, the government of San Francisco is buying booze for homeless people.
  • “Daniel Perry Pardoned by Gov. Abbott Following Parole Board Recommendation.”

    Gov. Greg Abbott has pardoned U.S. Army Sergeant Daniel Perry following a recommendation of pardon and restoration of his firearm rights by the Texas Board of Pardons and Paroles.

    The board voted unanimously on the recommendation.

    Shortly after the recommendation was made, Abbott officially pardoned Perry.

    “The Texas Board of Pardons and Paroles conducted an exhaustive review of U.S. Army Sergeant Daniel Perry’s personal history and the facts surrounding the July 2020 incident and recommended a Full Pardon and Restoration of Full Civil Rights of Citizenship,” Abbott wrote in a press release.

    “Among the voluminous files reviewed by the Board, they considered information provided by the Travis County District Attorney, the full investigative report on Daniel Perry, plus a review of all the testimony provided at trial. Texas has one of the strongest ‘Stand Your Ground’ laws on self-defense that cannot be nullified by a jury or a progressive District Attorney. I thank the Board for its thorough investigation, and I approve their pardon recommendation.”

    Perry was convicted of murdering Air Force veteran and Black Lives Matter protester Garrett Foster in 2023. A Travis County jury deliberated for 17 hours before finding Perry guilty of murder but not aggravated assault of Foster at the intersection of 4th Street and Congress Avenue in downtown Austin, as well as threatening a crowd with his car during the 2020 protest.

    Perry, who was working as an Uber driver, shot and killed Foster with a .357 Magnum revolver after Foster approached the driver door of his Hyundai Ioniq.

    This dispassionate description hides the fact that Perry’s car was surrounded by a crowd of rioters, including the one who aimed a gun at Perry. This was a clear case of self defense that never would have gone to trial if Travis County’s far left Soros backed DA Jose Garza weren’t so in favor of radical left wing rioters and hostile the right of self defense.

  • Is the DOJ trying to protect Pfizer from a whistleblower lawsuit?

    The Department of Justice recently argued that a whistleblower lawsuit against Pfizer, filed by Brook Jackson, should be dismissed.

    Jackson, a 20-year veteran in clinical trial administration employed by a third-party vendor (Ventavia Research Group), worked on Pfizer’s COVID-19 vaccine trials in 2020. Alarmed by what she witnessed, Jackson raised concerns to her superiors, Pfizer, and the Food and Drug Administration (FDA) in September 2020.

    She claimed the trial was being run, documented, and reported in a manner that violated Federal law and was potentially dangerous.

    Hours after contacting the FDA on September 25, 2020, Jackson was fired. Her sealed whistleblower complaint seemed to stall, with the FDA not investigating her claims. Faced with inaction, Jackson filed a lawsuit.

    As the case progressed towards discovery, the DOJ intervened, asking the judge to dismiss the case. Jackson argues that the government failed to articulate a legitimate reason for dismissal and did not demonstrate why the burdens of continued litigation outweigh its benefits.

    Disturbingly, a former FDA lawyer who worked at the agency when Jackson’s complaint was filed has moved to the DOJ and is now representing the government in its attempt to shut down the suit, raising concerns about regulatory capture and the use of government to shield companies from accountability.

    In 2021, the British Medical Journal published an article investigating Jackson’s claims and found them credible. The journal’s investigation concluded that Jackson’s account was supported by documentation and raised serious questions about the integrity of Pfizer’s vaccine trials and the FDA’s oversight.

    Other former Ventavia employees vouched for Jackson’s complaint, describing a “helter-skelter” work environment and lack of oversight.

    Despite evidence and corroboration, the FDA did not inspect Ventavia after Jackson’s complaint, and Pfizer did not mention any problems at Ventavia in its FDA submission for emergency use authorization.

    BMJ’s findings lend significant credibility to Jackson’s claims and raise serious questions about the integrity of Pfizer’s vaccine trial data, the adequacy of regulatory oversight, and, ultimately, the approved emergency use authorization.

    Follow the money…

  • Court throws DEI amendment to NY constitution, off November’s ballot. “The NY State Supreme Court (trial court) in Livingston County (near Rochester), granted summary judgment throwing the ERA off the November ballot, on the ground that the proponents of the legislation did not follow the constitutionally required procedure for advancing a ballot initiative for a constitutional amendment.”
  • “Katy ISD Teacher Arrested on 9 Counts of Possession of Child Pornography.”

    A Tompkins High School teacher has been arrested on nine counts of possession of child pornography.

    James Paul Stone was booked into the Fort Bend County Jail Monday.

    According to the Montgomery County Precinct 3 Constable’s office, thousands of images of child pornography were recovered from Stone’s residence, including several images that Stone admitted to producing himself.

  • Ah, not this crap again. “Venezuela Moves ‘Substantial Quantities’ Of Troops To Guyana Border.”
  • China’s latest car has every bit of the outstanding quality we’ve come to expect of products from China.
  • “Army of Leftist wackos storm Tesla factory like Orcs attacking Helm’s Deep.” This was in Germany.
  • Princeton pro-Hamas hunger strike collapses after nine days.
  • New York City raised the minimum wage to $16 an hour, and now restaurants are using Zoom hostesses from the Philippines.
  • “Nobody fucks with my snowy, psychotic hat.”
  • Google AI can’t understand or answer any questions about the Holocaust, but sure loves to spit some Hamas talking points.
  • Which is a bit worrying, given how hard Google is pushing AI:

    (Hat tip: Not the Bee.)

  • Comcast, Netflix and Apple+ are going Voltron to defeat Disney.
  • Spider-Man, Spider-Man/A Nick Cage Noir Spider-Man/Anime? No my friend/It will be live action/Whoa, Nick Cage Noir Spider-Man.
  • As a reward for destroying Indiana Jones, Phoebe Waller-Bridge is going to be given another tomb raiding franchise to destroy.
  • If you have mounds of money lying around, you can own Elvis Presley’s very first record.
  • Robert “Bob” Reale, of Reale’s Italian Cafe, RIP. It’s our favorite Austin Italian restaurant, and would come around and check on you while you were there.
  • “Latest Polls Show Biden Will Need Twice As Many Fake Ballots To Win Election This Year.”

    • Hit the tip jar if you’re so inclined.





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    Posted in Austin, Crime, Democrats, Economics, Media Watch, Social Justice Warriors, Texas | 3 Comments »

    Democratic Voting Rights Act Lawsuit Could Mean Less Democratic Seats

    May 16th, 2024

    In a classic case of unintended consequences, Democrats suing over a perceived Voting Rights Act violation could result is less Democrats in office.

    A voting rights lawsuit that could cost Texas Democrats seats across all levels of government received a hearing Tuesday by the full Fifth Circuit Court of Appeals in New Orleans, known as the most conservative federal appellate court in the country.

    The Galveston County redistricting case is challenging how the appellate court has previously interpreted the Voting Rights Act, which was passed to protect individual minority groups but has been “twisted” for political advantage.

    At issue is whether Section 2 of the law requires the county to create a majority-minority district by grouping a “coalition” of black and Hispanic voters.

    Neither blacks nor Hispanics are a large enough group in Galveston County to create a majority district.

    The county contends that the Voting Rights Act does not protect coalition districts—which represent political, not racial, alliances—nor does it guarantee that Democrats will be elected.

    Courts in other federal circuits do not allow aggregating distinct minority groups to force what are almost always Democrat districts.

    “The Voting Rights Act was meant to right wrongs. It wasn’t meant to subsidize political parties with legislative seats. That’s what this case is about—the real meaning of the Voting Rights Act, or, how it has been twisted by coalition districts,” said J. Christian Adams, President and General Counsel of the Public Interest Legal Foundation, representing Galveston County in the case.

    A win by Galveston County would be a blow to Texas Democrats.

    The case began in 2021 when Galveston County’s Republican-majority commissioners court, headed by County Judge Mark Henry, drew new boundaries for the county’s four commissioner districts following the decennial census.

    The plan eliminated the lone Democrat commissioner’s majority-minority precinct, a coalition district of blacks and Hispanics. The commissioner is black and has served on the court since 1999.

    Three sets of plaintiffs then sued the county: a group of current and former Democrat officeholders (the Petteway plaintiffs), local chapters of the NAACP and LULAC, and the U.S. Department of Justice. The three federal lawsuits were consolidated into Petteway v. Galveston County.

    Following a two-week trial last August, a federal judge in Galveston ruled in favor of the plaintiffs’ claim of vote dilution in violation of Section 2 of the Voting Rights Act. The decision was based on a nearly 40-year-old Fifth Circuit precedent supporting coalition claims.

    Galveston County appealed to the Fifth Circuit.

    After hearing arguments in November, a panel of three appellate judges said that the circuit court’s past decisions supporting coalition claims “are wrong as a matter of law” and “should be overturned.” Only a ruling by the full Fifth Circuit or the U.S. Supreme Court can overturn the precedent.

    In December, another three-judge panel granted the county’s request to use the new boundaries in the 2024 election. The U.S. Supreme Court upheld that decision.

    During Tuesday’s en banc hearing, all Fifth Circuit judges heard arguments from attorneys representing Galveston County and the three plaintiffs.

    Attorney Joe Nixon with the Public Interest Legal Foundation argued on behalf of Galveston County.

    “There is nothing left for the court to decide,” Nixon told the judges. “You just need to look at Section 2. What words require coalition districts? There are none.”

    Conclusion: “If Galveston County prevails in its challenge to coalition districts, Democrats in Texas, Louisiana, and Mississippi (states covered by the Fifth Circuit) stand to lose seats at the local, state, and congressional levels.”

    It takes a special kind of dumb to lose numerous seats across three states in a effort to save one commissioners court seat in Galveston County.

    The Voting Rights Act was a specific remedy at a specific point in time for a specific type of constitutional rights violation, namely that Democratic controlled states in the South were depriving black citizens of their constitutional rights to participate in elections. Over the years, Democrats have twisted it into a “No fair! Republicans are winning!” Get Out Of Competitive Elections Free card. Ironically, Republicans have used the precise terms of the Voting Rights Act to crowd blacks into a single district to help create more Republican seats.

    The situation for which the Voting Rights Act was passed no longer exists. Instead of race-aware solutions, constitutional rights should be guaranteed in color-blind way for a nation in which all men are created equal. Rather than continue to insist on racial election carve-outs, the Act itself should be retired.

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    Posted in Democrats, Elections, Republicans, Texas | 5 Comments »

    Texas Sues Biden Administration Over EV Trucking Mandates

    May 15th, 2024

    Another day, another Texas lawsuit against the Biden Administration over regulatory overreach.

    A coalition of Republican-led states is suing the Biden administration and the State of California in an attempt to prevent new electric vehicle mandates on truck owners and operators throughout the country from going into effect.

    Two legal challenges were filed over the new emissions rules, Nebraska Attorney General Hilgers said in a statement on May 13.

    They include a petition for review filed by a coalition of 24 states in the U.S. Court of Appeals for the D.C. Circuit which challenges the Biden administration’s new regulation setting stronger greenhouse gas emissions standards for heavy-duty vehicles.

    Texas isn’t mentioned in the article, but it is in the filing:

    Under 42 U.S.C. § 7607(b)(1), Federal Rule of Appellate Procedure 15, and D.C. Circuit Rule 15(a), the States of Nebraska, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming petition this Court for review of the final agency action taken by Respondents United States Environmental Protection Agency and Michael S. Regan, in his official capacity as Administrator of the United States Environmental Protection Agency, titled “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3,” published at 89 Fed. Reg. 29,440 (April 22, 2024). A copy of the agency action is attached to this petition.

    Petitioners will show that the final rule exceeds the agency’s statutory authority and otherwise is arbitrary, capricious, an abuse of discretion, and not in accordance with law. Petitioners thus ask that this Court declare unlawful and vacate the agency’s final action.

    Back to the article:

    That petition lists the U.S. Environmental Protection Agency (EPA) and its administrator Michael Regan as defendants.

    In the legal filing, plaintiffs argue the EPA’s rule imposing stringent tailpipe emissions standards for heavy-duty vehicles effectively forces manufacturers to produce more electric trucks and fewer internal combustion trucks.

    The EPA has said the new rules, which are set to take effect for model years 2027 through 2032, are needed to help combat climate change and will help avoid up to 1 billion tons of greenhouse gas emissions over the next three decades.

    However, the infrastructure needed to support such vehicles is “virtually nonexistent” and they also have shorter ranges and require longer stops, according to Mr. Hilgers.

    The new regulation will also negatively impact the economy and put extra pressure on power grids, according to the lawsuit.

    A separate coalition of 17 states and the Nebraska Trucking Association also filed a lawsuit in the U.S. District Court for the Eastern District of California seeking to block a package of regulations that they say are “targeting trucking fleet owners and operators.”

    That lawsuit lists the EPA and the California Air Resources Board as defendants.

    Plaintiffs in the lawsuit are challenging a string of California regulations called “Advanced Clean Fleets” which aims to “accelerate a large-scale reduction in tailpipe emissions focusing on zero-emissions medium- and heavy-duty vehicles,” according to the California Air Resources Boards’s (CARB) official website.

    The rules would ban big rigs and buses that run on diesel from being sold in California starting in 2036.

    Nebraska AG Mike Hilgers seems to be walking point on this one but, as usual, Texas is joining in another lawsuit against Biden Administration regulatory overreach.

    Better to get this law thrown out now than to wait until food become unaffordable because there aren’t enough reliable trucks to deliver it…

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    Posted in Democrats, Global Warming, Regulation | 7 Comments »

    Cuellar Aides Flip

    May 14th, 2024

    Remember the bribery and money-laundering indictment of Texas Democratic Representative Henry Cuellar (TX-28)? Two of his aides just flipped.

    Two former consultants to U.S. Rep. Henry Cuellar have agreed to plead guilty to assisting the lawmaker in laundering hundreds of thousands of dollars from a Mexican bank.

    Colin Strother, the South Texas Democrat’s former campaign manager, and Florencio “Lencho” Rendon struck separate deals with the U.S. Department of Justice in March, where they agreed to cooperate with the investigation.

    The first of the two to come clean was Strother, who signed his agreement on March 6. Nine days later, Rendon entered into his deal with federal prosecutors.

    In Rendon’s agreement, the operation’s origins are stated to have begun in 2015, when Rendon met with Banco Azteca executives at Cuellar’s behest to discuss supposed regulatory issues facing the bank.

    After the meetings, Rendon allegedly signed a contract paying him upwards of $15,000 monthly to provide consulting for an unnamed “U.S.-based media and television company” connected to Banco Azteca.

    Strother’s deal details that Cuellar then allegedly commissioned Rendon to meet Strother, where Rendon offered Strother $11,000 a month to participate in a clandestine project that Strother eventually determined to be “a sham.”

    Rendon’s agreement notes that he kept $4,000 for his consulting firm, while he expected Strother to keep $1,000 for himself and forward the remaining $10,000 to Imelda Cuellar’s company.

    Rendon paid Strother $261,000 total from March 2016 to June 2019. Over $236,000 of those funds were allegedly funneled to Cuellar’s wife, Imelda Cuellar.

    Prosecutors believe the transactions were part of an effort by Cuellar to hide the money from required U.S. financial disclosures.

    Rendon and Strother have agreed to testify before a grand jury or any other judicial proceeding as part of their plea deals. Both still face up to 20 years in prison and onerous fines for conspiracy to commit money laundering.

    Having your bagman flip on you is never a good sign for beating a rap, so I’d say it’s already highly likely Cueller will be going from the House to the big house, especially since a third aide has flipped.

    A third person with ties to U.S. Rep. Henry Cuellar’s bribery case has pleaded guilty, according to a recently unsealed plea agreement, after the South Texas Democrat was accused of accepting nearly $600,000 in bribes from Azerbaijan and a Mexican bank.

    Irada Akhoundova pleaded guilty to unlawfully acting as an agent of the Azerbaijani government and a state-run oil company, a violation of the Foreign Agents Registration Act, on May 1, according to the plea deal first reported by the San Antonio Express-News. Akhoundova admitted to facilitating a $60,000 payment to Imelda Cuellar, the congressman’s wife, who was also indicted last month.

    For nearly 20 years, Akhoundova has served as the president of the Houston-Baku Sister City Association, a nonprofit that builds ties between the Texas city and Azerbaijan’s capital, according to her LinkedIn profile. The plea agreement describes Akhoundova as an active member of the Texas Azerbaijani-American community. The court filing states that she served as the director of a U.S. affiliate of a Baku-based company, from approximately 2014 to 2017.

    Unlike U.S. Senators, Governors cannot appoint interim U.S. House members. Article I, Section 2, Clause 4 of the Constitution states: “When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.” According to the Texas election code, U.S. House special elections operate under the same rules as Texas legislature special elections, namely “a special election shall be held on the first uniform election date occurring on or after the 36th day after the date the election is ordered. (b) If the election is to be held as an emergency election, it shall be held on a Tuesday or Saturday occurring on or after the 36th day and on or before the 64th day after the date the election is ordered.” If Cuellar resigns in May, June, or July, presumably Governor Abbott will call a special election for the seat.

    In August, the issue starts running up on general election deadlines. By Texas law, a party official has 74 days before an election to remove a candidate’s name from the ballot, but the Texas Secretary of State says August 19 is the date, which looks like 78 days, which matches this doc on filling vacancies. If Cuellar resigns or pleads guilty before that date, Democrats can presumably pick another candidate to run in the November election. Beyond that date, presumably whichever of Republicans Jay Furman and Lazaro Garza Jr. (who are competing in the runoff to challenge Cuellar) is nominated will win the seat, since Cuellar will be ineligible to serve despite his name being on the ballot.

    Final thought: Cuellar is the last even nominally pro-life Democrat in the U.S. House. The conspiracy-minded might think this is the only reason the Biden DOJ was allowed to indict him…

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    Posted in Crime, Democrats, Elections, Texas | 12 Comments »

    Shoigu Out As Russia’s Defense Minister

    May 13th, 2024

    If your boss gives you one job, and you aren’t able to accomplish that one job in two plus years, there’s an excellent chance of your ass getting canned.

    Russian President Vladimir Putin, whose military has been criticized at home for a perceived lack of progress and heavy losses during its full-scale invasion of Ukraine, announced that he was replacing longtime ally Sergei Shoigu as defense minister.

    The Kremlin said that Shoigu, 66, would be replaced by former First Deputy Prime Minister Andrei Belousov, 65, a little-known politician who specializes in economic matters.

    Replacing a 66 year old with a 65 year old? That’s some mighty fine youth movement you’ve got going on there, Vlad…

    Shoigu, who has been defense minister since 2012 and has been leading Russia’s military through its full-scale invasion of Ukraine that began in 2022, has been named to head Russia’s Security Council, which advises the president on national security matters.

    The Kremlin said that as part of Shoigu’s Security Council duties, the former defense chief will advise on matters involving military-industrial issues.

    He will replace Nikolai Patrushev as head of the Security Council. Kremlin spokesman Dmitry Peskov said Patrushev’s next position will be announced in the coming days.

    Russia’s upper house of parliament, the Federation Council — which also announced the changes — said Putin has proposed reappointing Sergei Lavrov as Russia’s foreign minister.

    British Defense Secretary Grant Shapps said Russia’s next defense chief will be another Putin “puppet.”

    Ya think?

    “Sergei Shoigu has overseen over 355,000 casualties amongst his own soldiers & mass civilian suffering with an illegal campaign in Ukraine,” he wrote on X.

    “Russia needs a Defense Minister who would undo that disastrous legacy & end the invasion – but all they’ll get is another of Putin’s puppets.”

    The buck for Russia’s persistent inability to conquer the much smaller Ukraine ultimately stops at Putin, so sacking Shoigu will probably be as effective at winning the war as shuffling the deck chairs on the Moskva. Vast incompetence, corruption and general military rot was allowed to fester under Shoigu’s watch, but Russian military problems predate not only his tenure, but even the Soviet Union. Traditionally Russia got its ass kicked in the first year of a war, learned from its mistakes, and used an endless supply of canon fodder to wear its enemies down.

    Russia no longer has that endless supply of manpower. The Russian way of war was wasteful and incompetent long before the current slaughter, and now it’s unsuccessful and unsustainable. Ukraine is destroying a half-century of stockpiled Soviet weapons using largely NATO surplus equipment, and however the war ends, Russia will no longer be seen as a great military power, much less a near-peer to the US and NATO. Russia occasionally seems to act more competently than they did in the early phases of the war, but they’re still using meatgrinder tactics that slaughter their own troops. Their notorious lack of NCOs means institutional knowledge has been hard to retain and transmit in the best of circumstances, and these are not the best of circumstances.

    In a normal society, the Russian military obvious dysfunction would fall squarely on the head of Shoigu, but Russia is not a normal society. The Russian military needs reform, but it’s needed reform for pretty much the entirety of its post-Soviet existence (and much of its Soviet existence to boot). Shoigu was appointed Minister of Defense precisely because he wasn’t a reformer, as predecessor Anatoly Serdyukov had attempted to reform the military, and had stepped on far too many well-shod corrupt toes in the process.

    Shoigu’s successor Andrei Belousov doesn’t exactly have typical profile you’d expect from a Minister of Defense:

    He studied economics at Moscow State University and graduated with honors in 1981.

    From 1981 to 1986, Belousov was probationer-researcher and then junior researcher in the simulation laboratory of human-machine systems of the Central Economic Mathematical Institute.

    If you were a full-time student in the Soviet Union during the period, you could avoid compulsory military service by going straight into the reserve officer services without actually doing any actual military duty. That timeline suggests Belousov went that route.

    From 1991 to 2006, he was head of laboratory in the Institute of Economic Forecasting in the Russian Academy of Science. He was external advisor to prime minister from 2000 to 2006.

    Belousov served as deputy minister of economic development and trade for two years from 2006 to 2008.

    From 2008 to 2012, he was director of the finances and economic department in the Russian Prime Minister’s office.

    Belousov has the federal state civilian service rank of 1st class Active State Councillor of the Russian Federation.

    On 21 May 2012, he was appointed minister of economic development to the cabinet led by prime minister Dimitri Medvedev. Belousov succeeded Elvira Nabiullina as minister of economic development.

    On 24 June 2013, he was appointed as Putin’s Presidential Assistant in Economic Affairs.

    On 21 January 2020, Belousov was appointed as First Deputy Prime Minister of Russia in Mikhail Mishustin’s Cabinet. From 30 April to 19 May 2020, Belousov was appointed by Vladimir Putin as Acting Prime Minister of Russia, temporarily replacing Mikhail Mishustin, after the latter was diagnosed with coronavirus. According to Politico, he is one possible successor to Putin.

    So he’s a Putin toady with no military background. He will probably come in with considerable authority, but no knowledge of where the bodies are buried, or which members of the general staff are lying to him (probably all of them). The thermocline of truth is a danger for any organization, especially a national military, especially for a dictatorship where regime critics suffer alarmingly high rates of defenestration.

    Can a career political functionary with no military experience successfully reform a vast national military? It’s within the realm of possibility, but no examples spring to mind. Both Casper Weinberger and Donald Rumsfeld had served in the military. Belousov could be the second coming of Henry L. Stimson, and it would still take him a minimum of 6-12 months to find all the levers he needed to actually reform the Russian military. And I would wager money that Belousov isn’t the second coming of Henry L. Stimson.

    I think the most likely outcome of replacing Shoigu with Belousov will be a period where Russia switches from its current course of slow, grinding stupidity for a few months of much quicker and more disasterous stupidity.

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    Posted in Foreign Policy, Military | 22 Comments »

    Police Flee High Crime California For Texas

    May 12th, 2024

    People like to feel like they’re appreciated and make a difference. In crime-friendly California, police don’t, so they’re headed to Texas.

    Hundreds of California cops are fleeing to Texas to escape ‘soft-on-crime’ policies they say have made their jobs ‘pointless’, DailyMail.com can reveal.

    Rank-and-file officers up to department chiefs have hit out at state legislators, claiming a succession of ‘anti-law enforcement’ policies have made their work impossible.

    Overworked and unsupported, they have instead taken up jobs in Texas and other states that are seen as tough on crime.

    Evan Leona, 38, who ditched his job as a detective in a multi-agency gang unit in Fresno, California, to work for Denton Police in Texas, in 2022, said he had met ‘more than a hundred officers’ in the Dallas / Fort Worth area who had fled California.

    ‘There are five officers who have come from various agencies in California on my shift alone in Denton,’ he told DailyMail.com. ‘The justice system just works a lot better here.’

    At least in Texas, we don’t have a one-party state that’s institutionally hostile to police and the rule of law. Some locales in Texas have suffered spiking crime rates thanks to stupid policies and Soros-backed DAs (I’m looking at you, Austin), but Democrat-run California is hostile to law enforcement from top to bottom, wants to put felons back on the streets and wants to tax lawful gun owners out of existence.

    Leona said the majority of those who leave headed to Texas, with others finding work in states such as Montana and Arizona.

    It comes as the Golden State is hemorrhaging thousands of police every year, with numbers down by more than 5,000 since 2019.

    There are now fears that high-crime Californian cities are suffering a brain drain in law enforcement, leaving the public unprotected as criminals run riot.

    Just like Republicans said would happen. What are the odds?

    Ray Bottenfield, a former Santa Monica College Police Captain who retired to Hewitt, Texas, admitted it had become increasingly difficult to retain or recruit officers due to the lack of support from the state.

    ‘When you’re getting beaten up constantly, your cost of living is getting worse and you’re dealing with all this political stuff, it is overwhelming,’ he told DailyMail.com.

    Many in law enforcement blame controversial legislation including Proposition 47 and 57 for turning prisons into ‘revolving doors’ and putting their lives at risk.

    Proposition 47 legalized shoplifting. Proposition 57 created legal revolving doors to put felons back on the street.

    Gina Miller, a former deputy at San Bernardino County Sheriff’s Department, told DailyMail.com that California’s legal system had left officers feeling ‘like whatever they did was pointless’.

    The 37-year-old moved to Texas in 2021 and now works for Lewisville Police Department, around 25 miles north of Dallas.

    She said her work now had a purpose again, adding: ‘If I take someone to jail they’re actually going to stay in jail until they see a judge.’

    Officer Miller said some of her former California colleagues had quit to take up desk jobs tackling welfare fraud because they no longer felt safe patrolling the streets.

    In particular, she hit out at Proposition 57, which she claims has let violent offenders onto the streets.

    Put forward by then-Governor Jerry Brown and passed by voters in 2016, the law was designed to reduce prison overcrowding by offering the possibility of early parole for non-violent offenders.

    But critics highlighted a loophole that meant offenses such as domestic violence and assault with a deadly weapon were not included under a list of violent offenses.

    It came under the spotlight after it was revealed that Smiley Martin, a suspect in a 2022 mass shooting in Sacramento that left six dead, was released early from a ten-year sentence for domestic violence and assault under provisions set out in Proposition 57.

    Miller claims the law has also put officers’ lives at risk by opening the door for violent criminals.

    The officer, whose last assignment during her 11-year stint at San Bernadino was in the relatively safe and affluent city of Rancho Cucamonga, said four of her colleagues at the Sheriff’s Department were shot during her final six months.

    One of them, Sergeant Dominic Vaca, 43, was killed after he was shot pursuing a motorcycle without a license plate in 2021.

    There is no indication that the suspect, Bilal Winston Shabazz, had been released early under Proposition 57.

    But Miller said such policies had created a general lawlessness within the state, leaving officers and the public feeling unsafe.

    She recalled a time she took a man to jail for putting a loaded gun to his wife’s head, only for him to be released the same day.

    ‘I got into this job to try to help people and make a difference,’ she said. ‘It was heartbreaking to be telling this victim, “I know your husband just tried to kill you, but he’s already out of jail, so just call us if he comes back”.

    ‘To see their faces, it wears you down. You’re like: “This is stupid, because I can’t do anything for anybody”.’

    Officer Leona, 38, who spent five years in Tulare County before serving in Fresno County Sheriff’s Office for a decade, said he was hospitalized following an assault by a violent criminal.

    He said the suspect, who was ‘presumably high on narcotics’, had been chasing school children before running into a stranger’s garden.

    A standoff with police ensued.

    ‘At one point, he hit me over the head with a board,’ he recounted. ‘I hit him with my baton. He picked me up and threw me through a sliding glass window into the kitchen of this lady’s house.

    ‘I was bleeding all over the place. He was bleeding. We’re rolling around in the kitchen.

    ‘It took eight officers to finally subdue him. I broke my hand. I had to get sutures on my face.

    ‘Another officer broke his wrist and a third officer had to get sutures or stitches with it.

    ‘He was only in custody for a couple months. And then he got released.’

    Miller also claimed Proposition 47 had turned California’s prisons into ‘revolving doors’.

    The measure, passed by voters in 2014, reclassified some nonviolent offenses as misdemeanors, including shoplifting where the value of the stolen property does not exceed $950.

    It has been blamed by some, including Riverside County Sheriff Chad Bianco and California retail head Rachel Michelin for a rise in thefts after scores of stores in the state suffered brazen heists.

    Sounds like there’s a grand bargain to be had: California sends Texas all its good law enforcement officers, and in return Texas sends California all the homeless drug addicts and illegal aliens so beloved by the Democratic Party over ordinary, law-abiding citizens. Then we’ll see which state prospers more. (Except we’re already seeing it. People have been leaving California for Texas for over a decade.)

    Decline is a choice, and California voters have decided that they side with the Democratic Party and George Soros in embracing high crime rates and treating police and Republicans as the villains.

    Now they get to live with the consequences of their choices.

    (Hat tip: Director Blue.)

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    Posted in Crime, Democrats, Social Justice Warriors, Texas | 13 Comments »

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