Lawsuit Filed to Remove Jana Duty

June 14th, 2016

Via Dwight comes news that things are moving swiftly on removing Williamson County DA Jana Duty from office:

Two Williamson County residents sued District Attorney Jana Duty on Monday, seeking to force her out of office.

The Texas Constitution, according to the lawsuit, provides that county officials may be removed for incompetency and official misconduct.

“Duty’s serial violations of court orders and the laws of the State of Texas, her history and pattern of dishonesty and untrustworthiness, and her dereliction and abandonment of her responsibilities of the office of the District Attorney have compromised the integrity and the effectiveness of the office of the District Attorney and the Williamson County criminal justice system,” the lawsuit said.

The two Williamson County residents in question are Elizabeth Latham Schleder and Thomas Joseph Madden.

The lawsuit itself offers an extensive list of Duty’s legal transgressions. Rather than listing all six pages from the PDF, here’s the Statesman summary:

The lawsuit filed Monday says Duty broke the law when she made untrue statements to defense lawyers that time stamps were not available showing the sequence of events on a video in the Crispin Harmel capital murder case.

“The District Court found the Duty’s representations regarding the video were untrue and that Duty knew they were untrue when she made the representations,” the lawsuit said.

It accuses Duty of official oppression, aggravated perjury and tampering with physical evidence by not telling the truth about the time stamps.

The lawsuit says Duty’s other acts of incompetence and official misconduct include being found guilty of contempt of court on Aug. 10, 2015, and being sentenced to 10 days in jail.

Duty also broke a gag order in the Harmel case by speaking to a television station and a Georgetown newspaper, and then lied on May 29, 2015, saying she had not spoken to them, the lawsuit said.

It said Duty has also abandoned her responsibilities as district attorney since she lost her re- election in November 2015 but continues to collect her $152,000 per year salary, the lawsuit said.

“On information and belief, since November 2015, Duty has been unavailable and inaccessible to law enforcement, judges, court staff, county officials, and District Attorney office staff,” the lawsuit said.

The only thing I don’t understand is the November 2015 date, since Duty lost to Shawn Dick in the Republican primary in March of this year.

As for Duty neglecting her duties, her sister admitted there are days when she doesn’t go into the office. Certainly there are jobs where you can do most or all of your work remotely, but I don’t think that District Attorney is one of them.

Regarding the other charges against Duty, I suspect that this particular case may be the straw that broke the camel’s back for some of those calling for her removal:

On or about May 23, 2016, the State Bar of Texas suspended Mark Brunner – First Assistant to District Attorney Duty – from the practice of law (suspension probated for one year subject to compliance with the terms of probation) for professional misconduct, to-wit: untruthful communications to the District Court in his capacity as First Assistant District Attorney for Williamson County, Texas in conjunction with the prosecution of State of Texas v. Jessee Celedon Gamboa for aggravated robbery of the Schwertner State Bank in October 2013. Specifically, the State Bar found that Brunner lied to Williamson County District Judge Donna King in February 2015 about having contacted the victims in the State of Texas v. Gamboa aggravated robbery prosecution and having secured the victims’ approval of the plea bargain agreement between the District Attorney’s office and Gamboa’s criminal defense attorney when the victims in this case had not, in fact, approved the plea bargain and Brunner had not, in fact, contacted the victims or obtained their approval of the plea bargain.

Yeah, when your DA lies about having obtained your consent to a plea bargain with the thug who robbed your bank, I can see someone taking that personally.

Here’s a piece on the arrest of the Schwertner State Bank robber. And still more here. Though several news stories mention Gamboa as possibly being the “ZZ Top Bandit,” prison records show that he’s only serving time for the Schwertner heist.

Duty supporters have said that all this is a big waste of time and that Duty will be out of office before the case ever comes to trial. However, I’m guessing that Duty is so unpopular around the Williamson County courthouse that they’ll manage to get the case fast-tracked…

More Orlando Gay Shooter Info

June 13th, 2016

More information about radical Muslim Omar Mateen’s gay nightclub murder spree continues to trickle out.

  • Mateen was quite religious and regularly attended Mosque.
  • “Gilroy, a former Fort Pierce police officer, said Mateen frequently made homophobic and racial comments. Gilroy said he complained to his employer several times but it did nothing because he was Muslim.”
  • Zero Hedge has some background on Mateen and his employer:

    Omar Mateen – who as we reported earlier was licensed as a security guard and also holds a firearms license – was employed by the US subsidiary of G4S plc, a British multinational security services company, whose US-headquarters are located in Jupiter, Fla, and which also happens to be the world’s largest security company by revenue….

    But where it gets more disturbing is that as Judicial Watch reported several days ago, in a post titled, “DHS Quietly Moving, Releasing Vanloads Of Illegal Aliens Away From Border”, border patrol sources said that the Department of Homeland Security (DHS) was quietly transporting illegal immigrants from the Mexican border to Phoenix and releasing them without proper processing or issuing court appearance documents. As a reminder, the government classifies them as Other Than Mexican (OTM) and this week around 35 were transferred 116 miles north from Tucson to a Phoenix bus station where they went their separate way. Judicial Watch was present when one of the white vans carrying a group of OTMs arrived at the Phoenix Greyhound station on Buckeye Road.

    And this is where the Mateen-G4S link emerges: as JW reported previously, a security company contracted by the U.S. government is driving the OTMs from the Border Patrol’s Tucson Sector where they were in custody to Phoenix, sources said. The firm is the abovementioned G4S, the world’s leading security solutions group with operations in more than 100 countries and 610,000 employees. G4S has more than 50,000 employees in the U.S. and its domestic headquarters is in Jupiter, Florida.

  • Islamic State radio calls Mateen ‘a soldier of the caliphate.’
  • Mateen’s father, Seddique Mateen, hosted a “shoestring” talk show in which he regularly unleashed anti-U.S. tirades and once praised the Taliban.
  • The timeline of the shooting shows, at the very least, massive misjudgment on the part of the police. The shooting started at 2:02 AM, but police don’t call in the SWAT team until 3 AM? And it’s another two hours before they storm the club? And all this after the shooter had called 911 to pledge allegiance to the Islamic State?
  • Reddit’s main news group evidently decided to censor mentions of the shooting once it became known that the shooter was a radical Muslim. They even censored posts providing information on blood donations.
  • Schindler’s pissed:

    For years, too many Americans – including the lion’s share of our elite media and most of our politicians — have been content to deny the obvious, namely that quite a few Muslims espouse beliefs that are deeply at odds with what the vast majority of Americans believe. Some of those Muslims openly advocate violence and, if they are otherwise maladjusted, the odds they may murder in the name of Islam increase commensurately. We need to have a robust national debate on this important issue. Donald Trump has opened the door to that discussion, in his customary brusque, ham-handed way. More tact is required, but we cannot put off talking about radical Islam and jihadism any longer.

    After the Bataclan massacre last autumn, the French government in effect went to war with radical Islam, pledging a “merciless” response to terrorism. This wasn’t just talk. Mass arrests of suspected radicals followed, dealing a serious blow to ISIS networks in the country. Paris meant business, finally.

    In the aftermath of our own Bataclan, President Obama has offered his usual platitudes about “hate” and “guns.” This is escapism-as-counterterrorism-policy. Americans must demand better, including a reality-based assessment of our terrorism threat, from our next commander-in-chief. If we cannot name our enemy, we are already halfway to losing the war.

    (Hat tip: Instapundit.)

  • Milo Yiannopoulos weighs in: “The Christian Right may not be totally down with homos, and Trump may say things that hurt our delicate feelings, but they aren’t going to kill us or put us in camps. Only Islam would do that — the same Islam that, bizarrely, now stands at the top of the left’s hierarchy of victimhood.”
  • More quotes from the Koran and various hadiths condemning homosexuality and sodomy.
  • “Orlando Nightclub Shooter Called 911 to Pledge Allegiance to ISIS”

    June 12th, 2016

    Breaking news:

    The gunman who opened fire at a gay Florida nightclub early Sunday, shooting over 100 people, had called 911 moments before to pledge allegiance to the leader of ISIS, law enforcement sources told NBC News.

    But as investigators try to determine if extremism motivated Omar Mateen, 29, to attack the Pulse Nightclub in Orlando, his family believes he was pushed over the edge by pure hate against the LGBT community.

    Various law enforcement officials have identified the shooter as Mateen, who was born in New York and lived in Port St. Lucie on Florida’s eastern shores.

    The attack, which claimed at least 50 lives, is considered the deadliest mass shooting in U.S. history. While authorities are still investigating what motivated the gunman, the shooting is being considered an act of terrorism.

    Some “JV Team”…

    “Gays Must Die Says Speaker At Orlando Mosque”

    June 12th, 2016

    Well, this video from April would seem to be newly relevant in light of Omar Mateen’s mass shooting at a gay nightclub in Orlando, Florida, wouldn’t it?

    (Hat tip: Ioawahawk’s Twitter feed.)

    Radical Muslim Kills 49 At Gay Nightclub

    June 12th, 2016

    Another “senseless” mass shooting that makes perfect sense to anyone who has been paying attention:

    A gunman opened fire inside a crowded gay nightclub in Orlando, killing 50 people and injuring dozens more in a rampage that turned into a deadly hostage situation.

    Authorities in Orlando said that 50 people were killed in what authorities are calling an act of domestic terrorism, and many others were injured in the violence at Pulse, a popular gay bar and dance club. Police had initially thought about 20 people were killed in the attack, but authorities said later on Sunday morning that the toll was significantly higher.

    The body count evidently includes the shooter.

    The suspected gunman was identified by relatives and law enforcement officials as Omar Mateen, a 29-year-old from Fort Pierce, Fla. One relative said that Mateen’s family was in shock after being told on Sunday morning about his involvement. This relative said Mateen’s family was very sorry about what had happened.

    Police have not identified a possible motive, and details about Mateen’s background were scarce on Sunday morning. His family is from Afghanistan, while Mateen is believed to have been born in the United States.

    So a man named Omar with roots in Afghanistan opens fire in a gay nightclub. What could his motivations possibly be? It’s an insoluble mystery!

    Except, of course, for the Koranic verses that explicitly call for the deaths of those committing homosexual acts.

    The CBS News article, in contrast to the Washington Post, is not nearly so reticent about the shooter’s motives:

    A U.S. intelligence source told CBS news senior investigative producer Pat Milton that Islamic terrorism is being investigated as a possible motive in the shooting due to several indicators including the style of the attack, which had similarities to the attacks in Paris in November 2015 and Brussels in March. The gunman put up a protracted gun battle with police and was heavily armed, the source said.

    Also this: “FBI Assistant Special Agent-in-Charge Ron Hopper said at a press conference that there are ‘some suggestions’ the gunman ‘may have leanings’ toward Jihadist ideology.”

    And TMZ, who was evidently willing to spare a staff member from their dedicated Kardashian team, states bluntly “Omar Mateen Terrorist was 29-Year-Old Islamic Radical.”

    Weasel Zippers is also reporting that Mateen is a registered Democrat.

    Gawker Files For Bankruptcy

    June 10th, 2016

    Couldn’t happen to a nicer company.

    Or to quote Popehat: “When they came for Gawker, I didn’t speak out. Because fuck Gawker.”

    Insert your own wrestling metaphor here.

    Jana Duty Called On To Resign

    June 10th, 2016

    Dwight offers an update to my update of his original update on Jana Duty.

    Williamson County business leaders stood outside the county courthouse Wednesday morning to deliver an ultimatum to District Attorney Jana Duty: resign or be forced out.

    “I, along with other community leaders, demand that Jana Duty step down and resign her position as district attorney of Williamson County by sunset this Friday,” said Jim Schwertner, owner of Schwertner Farms, a cattle trading enterprise.

    “If she does not, we will petition the court to have her removed as district attorney of Williamson County,” he said.

    If Schwertner’s name sounds familiar, it may be because he’s a distant cousin to state senator Dr. Charles Schwertner of Georgetown.

    Another official who has called for her to resign is Georgetown Mayor Dale Ross. “We still have seven months to go and we need the judiciary to be operating at 100 percent capacity, and from what we understand that’s not the case these days.”

    Duty is also accused of frequently failing to show up for work.

    Another officer calling for Duty to resign: County Judge Dan Gattis.

    Duty continues to insist she’ll serve out her term.

    The mechanisms by which a county official (including a district attorney) may be removed from office are outlined here, which defines “official misconduct” as “intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law.”

    Jana Duty Hoist on Her Own Petard

    June 9th, 2016

    Dwight beat me to this story on Williamson County District Attorney Jana Duty being placed on probation for 18 months by the Texas bar, but I have a few additional bits of context for those coming in late on the Jana Duty Saga.

    First, let’s remember how widely unpopular Duty was (and is) with fellow Williamson County Republicans. Holly Hansen had this to say back in 2011:

    Republican Jana Duty was first elected to the office in 2004 and re-elected in 2008, but has developed increasingly antagonistic interactions with the County Judge, all four members of the Commissioners Court, all of the County Court at Law Judges, the Williamson County District Attorney, and pretty much any other judge handing an down unfavorable ruling.

    Since then, if anything she’s managed to become even less popular.

    Second, the fact that Duty was sanctioned for “withholding evidence in a murder case” provides a delicious bit of irony for those who have been following her career. For it was charges of “prosecutorial misconduct” in the Michael Morton case that allowed her to defeat incumbent John Bradley in the 2012 Republican primary, even though Bradley was only involved in Morton’s appeal process, not the original prosecution. The Morton case was a real miscarriage of justice, but Duty and several other dubiously-conservative challengers in 2012 seemed to view the case as a “get into office free” card.

    Finally, one tiny tidbit missing from the Statesman article Dwight linked to: Shawn Dick beat Duty in this year’s Republican Primary, so that probation is going to extend through the end of her term as DA, and beyond…

    Hillary’s Corpse Staggers Across Finish Line

    June 8th, 2016

    With a helpful nudge from her lackeys in the media, who declared her the Democratic candidate before she had enough elected delegates to clinch, Hillary Clinton actually did manage to clinch the Democratic nomination Tuesday, winning California, New Jersey, South Dakota and New Mexico.

    Has there ever been such a prohibitive favorite who still managed to win do it in a less-convincing fashion? Hillary 2016 combines the excitement of Mondale 1984 with the outsider enthusiasm of Humphrey 1968 and the sincerity of Edwards 2008.

    Meanwhile, Bernie Sanders is vowing to take the fight to the convention, though it’s hard to see how he wins the nomination at this point short of an FBI indictment or a incapacitating health event on the part of Clinton.

    Conservative Davidson Wins Boehner’s Seat

    June 8th, 2016

    Conservative Republican candidate Warren Davidson won his special election to take over the Ohio congressional seat of former speaker John Boehner. Because it was a special election for the resigning Boehner, Davidson will take office as soon as he is sworn in.

    Davidson, who was endorsed by groups like the Tea Party Express and the Senate Conservatives Fund, beat out 14 other Republican candidates in the March primary.