Waco Biker Shootout Update for June 22, 2017

June 22nd, 2017

It’s been a while since I last reported on the wheels of justice continuing to grind in the aftermath of the May 17, 2015 Waco biker shootout. The grinding is more glacial than slow, not only are they not grinding exceedingly fine, right now they don’t seem to be grinding at all.

With the trial of Bandidos member Christopher Jacob Carrizal delayed, the trial of Cossacks member Kyle Smith was supposed to start June 5.

Guess what? That trial has also been delayed:

A judge on Friday effectively postponed the start of any Twin Peaks biker trials in McLennan County until after the federal trial of Bandidos national leaders in San Antonio or until federal prosecutors agree to share evidence with McLennan County District Attorney Abel Reyna.

Judge Matt Johnson of Waco’s 54th State District Court granted a motion to delay the June 5 trial of Kyle Smith, 50, an air-conditioning technician from Kilgore and member of the Cossacks motorcycle group.

I would say that further delay starts to raise Sixth Amendment issues, but in fact, since it’s been more than two years since the shootout, those factors were already in play. I’m hardly an expert, but Orand vs. State and Barker vs. Wingo seem to be the relevant precedents here. Both cases involve balancing factors for speedy trial issues. The defendant in Orand was acquitted after a 12-year delay between indictment and the arrest, while the five years Barker waited for trial (during which an accomplice was tried five times before a conviction was obtained) was not considered excessive, partially because Barker had not asserted his right to a speedy trial.

Given the large, complex cases against the numerous Waco biker shootout defendants, the judicial system is more likely to make allowances, despite the fact that none of them have been charged with murder.

There are, however, a few tidbits of news related to the case:

  • William Richardson, a biker who was shot at the Waco shootout but not charged, is suing to recover medical expenses. Named in the suit are “Twin Peaks Investment; Front Burner Restaurant GP; former Waco Police Chief Brent Stroman; Waco police Detective Manuel Chavez; McLennan County Sheriff Parnell McNamara; and an unknown officer identified in the lawsuit as John Doe.”

    One of the arguments in the lawsuit is one we’ve heard before: that Waco police refused to render medical aid:

    The lawsuit claims the deaths of nine bikers and injuries to at least 20 others were compounded by the mass arrests “and wrongful detention of innocent individuals.”

    “During this period of detention, prior to transporting the detained off scene, neither law enforcement officers under control of defendant Chavez, defendant Stroman or defendant McNamara rendered aid to detainees who were injured nor did they call for emergency medical assistance,” the suit alleges.

    Richardson was not provided immediate medical attention by restaurant or law enforcement officials, the lawsuit claims.

  • But one Bandidos member has been convicted in a murder case involving a bar fight with a Cossack. A different bar fight:

    About 20 members of the Bandidos, one of the most notorious outlaw motorcycle clubs in Texas, poured into the front and rear doors of Gator’s Jam Inn in Fort Worth on a Friday evening in early December 2014. Reports of gunfire soon followed. “There’s been 15 shots so far, and they’re still shooting,” one of several 911 callers reported to Fort Worth police.

    The Bandidos’ Fort Worth chapter president, Howard Wayne Baker, was one of three arrested in connection with the shooting. He was charged with engaging in organized crime and directing the activities of a street gang. On Tuesday, the 62-year-old was sentenced to 45 years for one charge and 40 years for the other, to be served concurrently in prison.

    Fort Worth police said that in 2014, the Fort Worth Bandidos ambushed three rival outlaw motorcycle clubs — the Cossacks, the Ghost Riders and the Wino’s Crew — at the bar. When the smoke cleared, Geoffrey Brady, a 41-year-old member of the Ghost Riders, had been shot in the head, and two others also sustained injuries.

    “They dragged Brady out of the front door and executed him in front of his wife and friends,” said Allenna Bangs, Tarrant County assistant district attorney, in Baker’s trial last week. “They stood over him in a circle, and Howard Baker was standing in that circle.”

  • On May 8, there was also another Waco bar shooting involving Bandidos affiliates. Evidently seven members of a unnamed biker group affiliated with the Bandidos assaulted a man, the man pulled a gun and started firing, and then everybody ran away.
  • Bandidos were also involved in a violent gang brawl in Australia.
  • Would you believe that the Bandidos have filed papers to operate as a non-profit?
  • Ossoff Defeat Reaction Roundup

    June 21st, 2017

    This morning, following yet another special election defeat, chastised Democrats are doing a lot of soul searching as to why voters keep rejecting their message.

    Ha, just kidding! They’re calling voters “toxic bigots.”

    First up: Feminist Jill Filipovic, who is not happy at all that Karen Handel has shattered a “glass ceiling” by becoming the first woman from Georgia elected [Correction: First Republican woman] to the U.S. House of Representatives:

    Reactions:

    A few random tweets on the subject:

    Jim Geraghty wonders exactly where Democrats can win:

    Democrats and progressives were convinced they had a chance to win this race, and the fact that they didn’t suggests that their real problem is that they don’t actually know where they can win. They’re walking around with a false sense of their own electability — just seven months after they were convinced Hillary Clinton would win the 2016 election easily.

    Yes, there’s a lot of road ahead, and there will be easier districts for Democrats to win in 2018. But when you add up all the spending and use the most recent numbers reported in the New York Times, it calculates to a $9 million advantage for the Democrats. ($23.6 million raised by Ossoff + $7.6 million spent by outside groups preferring him = $31.2 million; $4.5 million spent by Handel + $18.2 million spent by outside groups preferring her = $22.7 million.)

    If you fall short in an open-seat special election, in a district Trump barely carried, with a candidate who avoids gaffes and with a giant spending advantage . . . just where the heck are you going to win?

    Democrats show show no sign of learning a lesson from this defeat: “I don’t think Democrats understand that their *Resistance* strategy is not working. But they are so emotionally invested in it, they can’t see their way out.”

    Another big loser from last night: Planned Parenthood. “By tacking a $735,000 price tag onto Ossoff’s failed effort, Planned Parenthood has revealed its own futility at influencing elections.”

    Six reasons Democrats lost GA-6. Including carpetbagging and nationalizing the race with outside money. “Ossoff received more money from California than Georgia. Voters took it as an insult, and acted accordingly.” Also: “The GA-6 may be an upscale, suburban district, but voters there still aren’t interested in Alyssa Milano’s take on politics.” (Hat tip: Big Gator 5’s twitter feed.)

    Will the harsh glare of reality finally penetrate Democrats’ elaborate fantasy world? “Our Brand Is Worse Than Trump.” That’s from Democratic Rep. Tim Ryan of Ohio.

    Mr. Ryan, who tried to unseat Ms. Pelosi, Democrat of California, as House minority leader after the November elections, said she remained a political drag on other Democrats. Ms. Handel and Republican outside groups tied Mr. Ossoff to Ms. Pelosi in campaign events and television ads, casting him as a puppet for what they described as her liberal agenda and “San Francisco values.”

    “They’re still running against her and still winning races, and it’s still a problem,” Mr. Ryan said.

    More on the same theme: “Republican operatives say that 98 percent of voters in the 6th District already had an impression of Pelosi when they conducted their first internal poll, and she was 35 points underwater. When presented with the choice of whether they wanted a representative who would work with Paul Ryan or Pelosi, six in 10 picked the Speaker and three in 10 picked the minority leader.” (Hat tip: Stephen Green at Instapundit.)

    As long as Democrats’ desire to win elections takes a backseat to their need for moral preening over their own “tolerance” and their emotional need to label voters who reject their policies as racists and bigots, expect them to continue losing elections…

    Republicans Retain Georgia’s 6th Congressional District

    June 20th, 2017

    According to Decision Desk, Republican Karen Handel has defeated Jon Ossoff in the special election for Georgia’s Sixth Congressional District.

    Some tweets:

    CNN gonna CNN:

    Newspapers around the country are erasing their HUGE UPSET REBUKE TO TRUMP headlines to replace them with WILD NIGHT OF NBA TRADES! and relegating the Georgia’s 6th news back to A8…

    In another special election, Republicans, as expected, held on to South Carolina’s 5th District, with Republican Ralph Norman beating Democrat Archie Parnell in a closer-than-expected race for the seat vacated by Office of Management and Budget Director Mick Mulvaney.

    Except for retaining the overwhelmingly Democratic California 34th Congressional District, Democrats seem O-for-Everything in special elections in the Trump era…

    Unmasking Documents Sealed for Five Years?

    June 20th, 2017

    Judicial Watch, which did such good work unmasking various Hillary Clinton scandals last year, has been on the case filing Freedom of Information Act (FOIA) requests relating to the Obama Administration’s unmasking scandal.

    However, they just hit a roadblock asking for Susan Rice documents relevant to the issue, as they have been removed to the Obama Presidential Library:

    Judicial Watch today announced that the National Security Council (NSC) on May 23, 2017, informed it by letter that the materials regarding the unmasking by Obama National Security Advisor Susan Rice of “the identities of any U.S. citizens associated with the Trump presidential campaign or transition team” have been removed to the Obama Library.

    The NSC will not fulfill an April 4 Judicial Watch request for records regarding information relating to people “who were identified pursuant to intelligence collection activities.”

    The agency also informed Judicial Watch that it would not turn over communications with any Intelligence Community member or agency concerning the alleged Russian involvement in the 2016 presidential election; the hacking of DNC computers; or the suspected communications between Russia and Trump campaign/transition officials. Specifically, the NSC told Judicial Watch:

    Documents from the Obama administration have been transferred to the Barack Obama Presidential Library. You may send your request to the Obama Library. However, you should be aware that under the Presidential Records Act, Presidential records remain closed to the public for five years after an administration has left office.

    The Presidential Records Act:

    Establishes a process for restriction and public access to these records. Specifically, the PRA allows for public access to Presidential records through the Freedom of Information Act (FOIA) beginning five years after the end of the Administration, but allows the President to invoke as many as six specific restrictions to public access for up to twelve years. The PRA also establishes procedures for Congress, courts, and subsequent administrations to obtain special access to records that remain closed to the public, following a 30‑day notice period to the former and current Presidents.

    Disappointing, though one can think of many non-corruption reasons a Presidential Administration might want to shield sensitive records from public view.

    (Hat tip: Conservative Treehouse via Director Blue.)

    There Is No Hate Speech. Only Zuul.

    June 19th, 2017

    Today the Supreme Court unanimously reaffirmed what conservatives, libertarians and honest liberals have been arguing for some time now: when it comes to the First Amendment, there’s no “hate speech” exemption:

    From today’s opinion by Justice Samuel Alito (for four justices) in Matal v. Tam, the “Slants” case:

    [The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.”

    Justice Anthony Kennedy wrote separately, also for four justices, but on this point the opinions agreed:

    A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.

    And the justices made clear that speech that some view as racially offensive is protected not just against outright prohibition but also against lesser restrictions.

    This is a great blow to Social Justice Warriors looking to limit or eliminate the speech of their political opponents as “hate speech.”

    Thank God for the First Amendment, or we might be looking at situations like Canada’s, where you can be fined for using unapproved pronouns.

    Venezuela: Lynching, Riots, General Collapse

    June 19th, 2017

    Time for an update on everyone’s favorite socialist paradise, where the collapse of the economy (and civil society) continues apace:

  • Things have degenerated enough that lynching has made a comeback:

    The public-safety infrastructure in Venezuela has been degraded to such a degree that citizens now take justice into their own hands. Agence France Presse reported that lynchings have risen sharply over the last year and a half as political and economic instability in the crumbling socialist republic has worsened. Witnesses who spoke to AFP said a 22-year-old man who was set on fire at an anti-government demonstration in May was actually lynched after being accused of stealing by the crowd – not because he was a government sympathizer, as President Nicolas Maduro had suggested at the time.

  • Protestors set fire to the Venezuela Supreme Court. “The incident comes after the Supreme Court voted to reject a motion blocking Maduro from rewriting the country’s constitution, despite recent polls showing that up to 85 percent of Venezuelans oppose the reforms.”
  • Tearing down a statue of Hugo Chavez doesn’t get you sent before a civilian judge, it lands you before a military tribunal:

    Maduro is following the playbook of other tyrants facing the collapse of socialism page by page. The anger in the streets against his failed regime is so intense that protesters might not be convicted in a jury trial handled through the regular order of civilian law enforcement. So instead, the troublemakers are being rounded up and taken off to face a court martial in an environment which the government can closely control.

  • Brazil has suspended tear gas sales to Venezuela.
  • Venezuela’s collapsing oil industry is also screwing over Cuba.
  • Venezuela in 20 pictures. Including a really sad one of a starving elephant. (Hat tip: Director Blue.)
  • Are the government’s Twitter accounts suspended?
  • There’s also a Washington Post piece that asks if Civil War is imminent I’m not linking to because the words “starvation” and “hyperinflation” are conspicuously absent. As the Hot Air piece on military tribunals states, “the citizens are effectively in a state of war with their own government” already…

    John Cleese on Political Correctness and Islam

    June 18th, 2017

    Here’s John Cleese being interviewed by Bill Maher on political correctness:

    Camille Paglia on Democrats: “A Nationwide Orgy of Rage and Spite”

    June 17th, 2017

    The Weekly Standard does an email interview with Camille Paglia and, as usual with Paglia, there’s entirely too much to quote.

    Especially her thoughts on how losing the 2016 Presidential election has deranged Democrats:

    First of all, I must make my political affiliations crystal clear. I am a registered Democrat who voted for Bernie Sanders in the 2016 primary and for Jill Stein in the general election. Since last Fall, I’ve had my eye on Kamala Harris, the new senator from California, and I hope to vote for her in the next presidential primary.

    Like many others, I initially did not take Donald Trump’s candidacy seriously. I dismissed him as a “carnival barker” in my Salon column and assumed his entire political operation was a publicity stunt that he would soon tire of. However, Trump steadily gained momentum because of the startling incompetence and mediocrity of his GOP opponents. What seems forgotten is that everyone, including the Hillary Clinton campaign, thought that Marco Rubio would be the Republican nominee. The moment was ideal for a Latino candidate with national appeal who could challenge the Democratic hold on Florida.

    Thus Rubio’s primary-run flame-out was a spectacular embarrassment. Under TV’s unsparing camera eye, he looked like a shallow, dithery adolescent, utterly unprepared to be commander-in-chief in an era of terrorism. Trump’s frankly arrogant self-confidence spooked and crushed Rubio—it was a total fiasco. Ben Carson, meanwhile, with his professorial deep-think and spiritualistic eye-closing, often seemed to be beaming himself to another galaxy. With every debate, Ted Cruz, despite his avid national following, accumulated more and more detractors, repelled by his brittle self-dramatizations and lugubrious megalomania.

    There were two genial, moderate Mid-Western governors who could have wrested the nomination from Trump and performed strongly versus Hillary in the general—Ohio’s John Kasich and Wisconsin’s Scott Walker. But they blew it because of their personal limitations: On television, Kasich came across as a clumsy, lumbering blowhard while Walker shrank into a nervous, timid mouse with a frozen Pee-wee Herman smile.

    The point here is that Donald Trump won the nomination fair and square against a host of serious, experienced opponents who simply failed to connect with a majority of GOP primary voters. However, there were too many unknowns about Trump, who had never held elective office and whose randy history in the shadowy demimonde of casinos and beauty pageants laid him open to a cascade of feverish accusations and innuendos from the ever-churning gnomes of the cash-propelled Clinton propaganda machine. In actuality, the sexism allegations about Trump were relatively few and minor, compared to the long list of lurid claims about the predatory Bill Clinton.

    My position continues to be that Hillary, with her supercilious, Marie Antoinette-style entitlement, was a disastrously wrong candidate for 2016 and that she secured the nomination only through overt chicanery by the Democratic National Committee, assisted by a corrupt national media who, for over a year, imposed a virtual blackout on potential primary rivals. Bernie Sanders had the populist passion, economic message, government record, and personal warmth to counter Trump. It was Sanders, for example, who addressed the crisis of crippling student debt, an issue that other candidates (including Hillary) then took up. Despite his history of embarrassing gaffes, the affable, plain-spoken Joe Biden, in my view, could also have defeated Trump, but he was blocked from running at literally the last moment by President Barack Obama, for reasons that the major media refused to explore.

    After Trump’s victory (for which there were abundant signs in the preceding months), both the Democratic party and the big-city media urgently needed to do a scathingly honest self-analysis, because the election results plainly demonstrated that Trump was speaking to vital concerns (jobs, immigration, and terrorism among them) for which the Democrats had few concrete solutions. Indeed, throughout the campaign, too many leading Democratic politicians were preoccupied with domestic issues and acted strangely uninterested in international affairs. Among the electorate, the most fervid Hillary acolytes (especially young and middle-aged women and assorted show biz celebs) seemed obtusely indifferent to her tepid performance as Secretary of State, during which she doggedly piled up air miles while accomplishing virtually nothing except the destabilization of North Africa.

    Had Hillary won, everyone would have expected disappointed Trump voters to show a modicum of respect for the electoral results as well as for the historic ceremony of the inauguration, during which former combatants momentarily unite to pay homage to the peaceful transition of power in our democracy. But that was not the reaction of a vast cadre of Democrats shocked by Trump’s win. In an abject failure of leadership that may be one of the most disgraceful episodes in the history of the modern Democratic party, Chuck Schumer, who had risen to become the Senate Democratic leader after the retirement of Harry Reid, asserted absolutely no moral authority as the party spun out of control in a nationwide orgy of rage and spite. Nor were there statesmanlike words of caution and restraint from two seasoned politicians whom I have admired for decades and believe should have run for president long ago—Senator Dianne Feinstein and Congresswoman Nancy Pelosi. How do Democrats imagine they can ever expand their electoral support if they go on and on in this self-destructive way, impugning half the nation as vile racists and homophobes?

    All of which brings us to the issue of Trump’s performance to date. The initial conundrum was: could he shift from being the slashing, caustic ex-reality show star of the campaign to a more measured, presidential persona? Perhaps to the dismay of his diehard critics, Trump did indeed make that transition at the Capitol on inauguration morning, when he appeared grave and focused, palpably conveying a sense of the awesome burdens of the highest office. As for his particular actions as president, I am no fan of executive orders, which usurp congressional prerogatives and which I was already denouncing when Obama was constantly signing them (with very little protest, one might add, from the mainstream media).

    Trump’s “travel ban” executive order in late January was obviously bungled—issued way too fast and with woefully insufficient research (pertaining, for example, to green-card holders, who should have been exempted from the start). The administration bears full responsibility for fanning the flames of an already aroused “Resistance.” However, I fail to see the “chaos” in the White House that the mainstream media (as well as conservative Never Trumpers) keep harping on—or rather, I see no more chaos than was abundantly present during the first six months of both the Clinton and Obama administrations. Trump seems to be methodically trying to fulfill his campaign promises, notably regarding the economy and deregulation—the approaches to which will always be contested in our two-party system. His progress has thus far been in stops and starts, partly because of the passivity, and sometimes petulance, of the mundane GOP leadership.

    There seems to be a huge conceptual gap between Trump and his most implacable critics on the left. Many highly educated, upper-middle-class Democrats regard themselves as exemplars of “compassion” (which they have elevated into a supreme political principle) and yet they routinely assail Trump voters as ignorant, callous hate-mongers. These elite Democrats occupy an amorphous meta-realm of subjective emotion, theoretical abstractions, and refined language. But Trump is by trade a builder who deals in the tangible, obdurate, objective world of physical materials, geometry, and construction projects, where communication often reverts to the brusque, coarse, high-impact level of pre-modern working-class life, whose daily locus was the barnyard. It’s no accident that bourgeois Victorians of the industrial era tried to purge “barnyard language” out of English.

    And you know it’s a written interview when Paglia can drop a phrase like “the shadowy demimonde of casinos and beauty pageants.” (I guess Hillary hails from the shadowy demimonde of pay-for-play political corruption.)

    Read the whole thing.

    (Hat tip: Ann Althouse.)

    That Poor Spitfire

    June 16th, 2017

    A Friday night video that caught my eye:

    “Pilot Cédric Ruet escaped the frightening accident without serious injuries.”

    Scalise Shooter Hodgkinson Had Assassination List

    June 16th, 2017

    James T. Hodgkinson, the shooter of Rep. Steve Scalise and four others, had a list of names to be assassinated on him:

    The Daily Caller is reporting that an assassination list was found on Hodgkinson, and if true, had three members of the conservative House Freedom Caucus on it:

    James T. Hodgkinson, the shooter who opened fire on dozens of Republican congressmen and staffers at a baseball practice in Alexandria, Virginia, on Wednesday, had a list of Republican names in his pocket that was recovered by the FBI, The Daily Caller has learned.

    The news that the shooter had a list of names suggests the shooting was not a random outburst, but instead appears to be a premeditated political assassination.

    The list was written out on notepad paper and found in the shooter’s pocket, according to multiple sources with intimate knowledge of the situation, who spoke on condition of anonymity, citing the sensitivity of the investigation. The list of names included Alabama Rep. Mo Brooks, South Carolina Rep. Jeff Duncan and Arizona Rep. Trent Franks, TheDC has confirmed.

    Had Hodgkinson succeeded and not been killed by capitol police, that would likely have changed his charge from Second Degree Murder to First Degree Murder.

    Scalise remains alive but in critical condition. Says his doctor: “I would say that when he arrived, he was in critical condition with an imminent risk of death.” Scalise now faces “additional operations to manage abdominal injuries and other bone injuries.”