MRT: Houston Police Officer Killed in Shooting; State Submits Plan for COVID Vaccine Distribution; OAG Fires Mase; Dem Super PAC Spending $28M Against Cornyn
Here's What You Need to Know in Texas Today.
MustReadTexas.com – @MustReadTexas
BY: @MattMackowiak
WEDNESDAY – 10/21/20
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ELECTION COUNTDOWN:
There are 13 days until Election Day.
Early voting is NOW UNDERWAY.
TOP NEWS
"Some Texas school districts are requiring in-person instruction again, leaving parents scrambling for options,"The Texas Tribune's Stacy Fernandez -- "The most Jessica Elbel’s kids have ventured out of the house since the pandemic began is to play in the yard or sit in the back seat of the car while their mom or dad picked up a curbside grocery order.
It hasn’t been easy, but Elbel and her husband, Donald, have gone to great lengths to shield their family from COVID-19 exposure. Donald Elbel went so far as to leave his job to help their 7- and 9-year-old kids with virtual schooling.
So when she got the message from the school district earlier this month saying that in-person classes would be mandatory, Jessica Elbel began to panic.
“The District will transition back to 100% in-person learning. The last day of remote learning will be Friday, October 16th,” said the update from Clay Rosenbaum, superintendent of the Blanco Independent School District Superintendent. The message was sent to the families of the roughly 1,000 students enrolled in the small school district in Texas Hill Country. It was posted a week before students were to return.
As the numbers of people infected and hospitalized by the virus tick back up across the state, at least six Texas school districts eliminated the option for remote learning and forced students, faculty and staff to return to the classroom, with few exceptions.
For most families afraid of returning, school districts provided three options: home school, switch districts or enroll in an online school. But families say these options aren’t easily accessible on such short notice and can be cost prohibitive." Texas Tribune
"Police: Houston officer killed in shooting, another wounded," via AP-- "A Houston police officer was killed and a teenager and another officer were wounded Tuesday when a man opened fire on law enforcement responding to a domestic disturbance call, authorities said.
Police Chief Art Acevedo said officers arrived at the apartment in southwest Houston around 8 a.m. where they met a woman who said she was moving out and needed to retrieve her belongings, but that her husband would not let her in.
About an hour and a half later, the woman’s 14-year-old son opened the apartment door and 51-year-old Elmer Manzano came out and began shooting at the officers who returned fire, Acevedo said during a news conference.
Sgt. Harold Preston, 65, was shot multiple times, including in the head, and died at a hospital, Acevedo said. Officer Courtney Waller was shot in the arm and is in stable condition at a hospital, he said.
Manzano and the teenager were also shot and are expected to survive. Acevedo said he expects Manzano to be charged with murder and that police have repeatedly responded to domestic calls at the home.
A SWAT team and other emergency personnel surrounded the building and Manzano surrendered around 10:30 a.m., Acevedo said.
The shooting came amid an uptick in domestic violence in Houston and other cities as the coronavirus pandemic has forced people to spend more time in their homes.
Acevedo said Manzano has an criminal history but declined to provide details. Harris County court records show he pleaded guilty in 2002 to felony evading arrest and was sentenced to 120 days in jail. The chief said he doesn’t know what type of gun Manzano used or whether it was obtained legally.
Preston was with the Houston police for 41 years, while Waller has three years of service. Acevedo praised Preston’s decades of leadership “from the front.” Preston, who looked after his elderly parents, lived long enough for his family to get to the hospital, he said.
“He is a hero,” Acevedo said. “As good as he was a cop, he was a better human being.”" AP
"Photographer suing over Texas mascot's pre-Sugar Bowl charge," via AP-- "A photographer is suing the owners and handlers of the Texas football program’s mascot for “permanent” neck and back injuries he allegedly sustained at the 2019 Sugar Bowl when the longhorn steer knocked down its barricade and briefly charged in the direction of Georgia’s bulldog mascot.
Nick Wagner, who was then a photographer for The Austin American-Statesman, filed a petition Friday in Travis Country district court, the newspaper reported. He said the incident occurred on Jan. 1, 2019 while he was taking pictures of Uga X, Georgia’s live mascot, before the Texas-Georgia game at the New Orleans Superdome.
Uga X, an English bulldog wearing a bright red Georgia sweater, was quickly pulled out of harm’s way, but the head and horns of Bevo XV, the University of Texas’ live mascot, appeared to make contact with several people, including two photographers, who scampered out of the way or were knocked down.
Wagner “was on one knee in front of the portable railing which Bevo was behind,” the petition states. “Bevo XV rammed his longhorns twice into Plaintiff’s back causing permanent injury to Plaintiff’s neck and back.”
Wagner, who left the newspaper in May, is seeking a jury trial with damages between $200,000 and $1 million.
John and Betty Baker, Bevo’s owners, are named as defendants along with the Silver Spurs Alumni Association. The group is in charge of handling the 1,700-pound steer, the mascot for the University of Texas since the start of the 2016 season.
Wagner’s attorney Jon Powell said he has more than $24,000 in medical bills from therapy sessions. Medical documents show that Wagner had “loss of motion” and “impairment” in two areas of his spine, according to the newspaper’s review of the documents.
The Silver Spurs Alumni Association carries a liability policy with Cincinnati Insurance. But Wagner’s claims for medical bills have been met with “radio silence,” Powell said.
Edward Osuna, the San Antonio-based attorney of record for Cincinnati Insurance, did not immediately respond to a message left by the newspaper.
Bevo continued attending road games since the 2019 season began, with his pen receiving substantial renovations. The overhauls included a 16-foot wide, 16-foot long cattle pen in addition to sturdier 4 1/2-foot tall panels." AP
STATE AND LOCAL GOVERNMENT
"Texas submits plan for COVID vaccine to federal health authorities,"The Houston Chronicle's Jeremy Blackman -- "Medical staff, older Texans and those with chronic illnesses are among the first who will receive a COVID-19 vaccine when it becomes available, under a draft plan submitted last week to the Centers for Disease Control and Prevention.
The Department of State Health Services is currently planning to recruit private health providers to help distribute the vaccine, which will be optional and is still under development.
“DSHS will partner with other state agencies and key stakeholders to ensure that voluntary and equitable distribution of the COVID-19 vaccine occurs in a timely and efficient manner,” the agency says in the plan.
Through Friday, more than 1,000 health providers, hospitals and long-term care facilities had signed up to receive and administer the vaccine, according to The Dallas Morning News, which first reported about the plan.
Several vaccine candidates are in late-state clinical trials in the U.S., including from Pfizer, Moderna and AstraZeneca. AstraZeneca and Johnson and Johnson paused their trials in recent weeks because of illnesses in two study subjects, a common issue in trials of their size.
The previous record for developing a vaccine is four years, and CDC Director Robert Redfield said last month that a COVID-19 vaccine will not be widely available until the spring or summer of next year.
So far, the virus has infected more than 800,000 Texans and killed at least 17,000, according to state health data." Houston Chronicle
"Top aide in Texas attorney general's office terminated after accusing Ken Paxton of bribery,"The Texas Tribune's Emma Platoff -- "Lacey Mase, one of the top aides who accused Texas Attorney General Ken Paxton of crimes including bribery and abuse of office, has been fired, she told The Texas Tribune on Tuesday evening.
“It was not voluntary,” she said, but declined to comment further.
Mase was hired in 2011 and worked most recently as the deputy attorney general for administration. Paxton's office did not respond to a request for comment Tuesday.
Top aides say Paxton has used the power of his office to serve the interests of a political donor, Nate Paul. Several employees in his office brought concerns to law enforcement.
They wrote in an Oct. 1 letter to the agency’s human resources department that they had a “good faith belief that the attorney general is violating federal and/or state law including prohibitions related to improper influence, abuse of office, bribery and other potential criminal offenses.”
Since then, one of the top aides — Jeff Mateer, who previously spent years as Paxton’s top deputy — has resigned, and another, Mark Penley, has been placed on leave.
Paxton has dismissed the scandal as “rogue employees” wielding “false allegations” and said he will not resign, though some in his party have called on him to do so." Texas Tribune
"Dan Patrick claims 'almost everyone in office' knows mail-ballot fraud is real,"The Houston Chronicle's Jeremy Wallace -- "Texas Lt. Gov. Dan Patrick called it “nonsense” that Republicans are trying to suppress the vote by fighting Harris County for allowing multiple drop-off locations for mail-in ballots.
In a national interview airing this week on The Circus on Showtime, Patrick said fraudis rampant in mail-in voting, but hard to prove.
“It’s a hard crime to prove, without question, but we know it exists,” Patrick told The Circus co-host Mark McKinnon, the longtime political adviser.
Texas Republicans have fought to block Harris County from accepting mail-in ballots at more than one location. Harris County had attempted to have 12 locations to ease ballot drop-offs for people who didn’t feel safe mailing in their ballots.
Patrick, first elected Lieutenant Governor in 2014, suggested mail-in voting fraud is one of the dirty secrets of modern politics.
“Almost everyone in office, particularly on the Democrat side, knows that there is fraud in mail-in ballots,” said Patrick, 70.
Democrats have pointed to numerous studies that show voter fraud is extremely rare. And McKinnon, a former adviser to George W. Bush, told Patrick during the interview that Colorado has had mail-in voting for years, yet very few documented cases of fraud.
Patrick, who is President Donald Trump’s Texas re-election campaign chairman, insisted those cannot possibly be right.
When McKinnon questioned whether Republicans were engaging in systemic suppression of the vote, Patrick was sharp in his response.
“That’s just nonsense,” Patrick said. “We want people to vote.”
He pointed to the extra week of early voting by Gov. Greg Abbott as evidence that Republicans are trying to give people more chances to cast a ballot." Houston Chronicle
2020
"Silicon Valley billionaires bankroll $28M deluge to help Hegar oust Cornyn in Texas Senate contest,"The Dallas Morning News' Robert Garrett -- "A little-known super PAC seeded with Silicon Valley money plans to lead four other outside groups in a $28 million TV ad blitz to try to help Democrat MJ Hegar unseat Texas Sen. John Cornyn.
Future Forward’s own ads began airing Tuesday, according to ad-tracking service Advertising Analytics.
They’re part of a planned deluge of advertising for Hegar in the election’s final two weeks that’s being orchestrated by the super PAC’s leader, Facebook co-founder Dustin Moskovitz, with assists from four other Democratic groups, the news site Recode first reported.
Citing a confidential memo circulated to major donors last week, Recode said the $28 million of ad buys will include $10 million from New York Sen. Chuck Schumer’s Senate Majority PAC, which on Thursday announced an $8.6 million TV buy to help Hegar. The $8.6 million is part of the $28 million of late advertising being planned.
Other groups assisting Future Forward in the push are Strategic Victory Fund, Way to Win, and Mind the Gap, reported Recode, a former technology news site that last year joined forces with Vox Media to probe Silicon Valley’s influence on politics.
A Cornyn spokesperson accused Hegar of hypocrisy, recalling that the Democrat has run on overturning a 2010 Supreme Court decision, Citizens United v. FEC, which said the First Amendment forbids restrictions of independent political expenditures by corporations." Dallas Morning News
"In Texas House fight, Democrats bet big on health care, while Republicans emphasize police support,"The Texas Tribune's Patrick Svitek and Cassandra Pollock -- "When Democrat Brandy Chambers read in The Dallas Morning News last month that her opponent, state Rep. Angie Chen Button, R-Richardson, now supports Medicaid expansion, Chambers could not believe it.
“Shocked would be a good word,” Chambers recalled in an interview.
Button and other Texas Republicans have long resisted expanding Medicaid, the state-federal health insurance program, even though Texas has the country’s highest uninsured rate. But Button said she now sees the need for expanding the program due to the coronavirus pandemic, which has left many Texans jobless — and without health insurance.
Button is not the only Republican lawmaker raising eyebrows about seemingly new policy positions now that the party’s majority in the Texas House is on the line. Another endangered incumbent, Rep. Jeff Leach, R-Plano, recently expressed regret for supporting the divisive “bathroom bill” that sought to limit public restroom access for transgender people and headlined the 2017 legislative year without ever becoming law.
That legislation, along with Medicaid expansion, is among a litany of issues that are cropping up in the final weeks of the Nov. 3 election that will decide the balance of power in the Legislature’s lower chamber. The stakes are high, with the battle unfolding ahead of the 2021 redistricting process during which lawmakers will draw new political boundaries for the state.
Democrats are nine seats away from the majority after picking up 12 seats in 2018, some of which Republicans are serious about winning back. But in many cases, Republican lawmakers who have held the House majority since the 2003 session are facing the first truly competitive general elections of their lives — and being forced to answer for votes in a way they have never had to before." Texas Tribune
"Fort Bend statehouse race is a study in 2020 whiplash politics,"The Houston Chronicle's Jeremy Blackman -- "The last time Gary Gates and Eliz Markowitz squared off in an election, in January, the economy was stable, schools were open and there was a decent chance that Bernie Sanders would be the next Democratic nominee for president.
A lot has changed in the nine months since.
State Rep. Gates easily won that first contest, handing Republicans a key victory in a statehouse race that Democrats had hoped would portend larger gains for their candidates this fall. But that was before the coronavirus pandemic and the recession that followed. It was before Democrats nominated a moderate to head the national ticket, and before protests erupted across the country over racism and policing.
In a year of disruptions, few races in Texas like that for House District 28 stand to show just how much the whiplash of 2020 has shifted the state’s politics, especially in the suburbs.
The district, in Fort Bend County just west of Houston, has been reliably Republican for years. But it is also one of the fastest growing counties in the country, with a richly diverse electorate, and Democrats still believe they can win there — if not now, then soon.
“You look at the Republican slate right now and they just don’t have the same coalition building power, the same outreach” said Rocky Saligram, Markowitz’s campaign director and the head of Fort Bend Young Democrats. “They just keep going back to their same pool of voters.”
Republicans attacked Markowitz in January after several prominent Democrats, including Beto O’Rourke, jumped in to help, tying her to their records on guns and other issues. O’Rourke had performed well in the district when he ran to unseat Sen. Ted Cruz in 2018, but had moved left since entering the presidential primaries. It became an easy target.
“This was a test run for the Democratic Party,” Markowitz said. “They told me they were trying everything to see what sticks, and going forward we know what does and doesn’t work.”
As the runoff results came in, Gates quickly cast them as proof that Republicans could prevent Democrats from flipping seats in November, and “maybe even take some back” after the GOP lost 12 seats in the Texas House in 2018.
Democrats have not controlled a state body for nearly 20 years, and need nine seats to take back the House, which would give them a pivotal seat as once-in-a-decade redistricting starts next year.
Republican Gov. Greg Abbott, who endorsed Gates and paid for volunteers to be bused in the weekend before the runoff, said Republicans “must be prepared to replicate this success across the state” in the fall." Houston Chronicle
"Seinfeld stars reunite for Texas Democratic Party virtual fundraiser,"The Austin American-Statesman's Nicole Cobler -- "Members of the cast of “Seinfeld” will reunite Friday for a virtual fundraiser for the Texas Democratic Party.
Julia Louis-Dreyfus and Jason Alexander, who played Elaine Benes and George Costanza in the show, will join “Seinfeld” creator Larry David for the event called a “Fundraiser About Something.”
“Seinfeld” often has been described as a show about nothing.
The virtual reunion will be livestreamed at 7 p.m. Friday, according to a news release from the Texas Democratic Party.
The trio will discuss behind-the-scenes stories about their favorite Seinfeld episodes, according to the news release.
“Texas is a battleground state, period,” Louis-Dreyfus, Alexander and David said in a statement Tuesday. “We knew that we had to reunite for something special and the movement on the ground for Texas Democrats up and down the ballot is the perfect opportunity to do just that.”
Texas Democratic Party officials remain optimistic that the state’s high early voting turnout will benefit Democratic candidates.
“The Texas Democratic Party could not be more thrilled or excited to have members from the cast of Seinfeld reunite to turn Texas blue,” Texas Democratic Party chair Gilberto Hinojosa said in a statement. “With unprecedented turnout the first week of early voting and with our talented, diverse staff, we have created the infrastructure necessary to flip Texas.”" Austin American-Statesman
TRUMP ADMINISTRATION
"Trump administration adds criminal disqualifiers to asylum,"AP's Elliot Spagat -- "The Trump administration announced Tuesday that asylum-seekers will lose their bids if they are convicted of driving under the influence or committing crimes to support gangs.
The rule, which takes effect Nov. 20, is the latest in a slew of measures to make asylum more difficult to obtain.
The immediate impact will be muted by a temporary pandemic-related ban on asylum introduced in March that calls for people who enter the country illegally to be immediately expelled on public health grounds.
While asylum has long been denied to people convicted of “particularly serious crimes,” the new rule adds a litany of crimes that would be disqualifying. They include convictions for domestic violence — whether a felony or misdemeanor — assault or battery, re-entering the country illegally, identify theft, public benefits fraud, immigrant smuggling and driving under the influence.
The rules would also deny asylum to people convicted of crimes that an adjudicator “knows or has reason to believe” was committed to support a criminal street gang.
The rule to be published Wednesday in the Federal Register and signed by Attorney General William Barr rejects much of the criticism since it was first proposed in December, including that the authority to declare crimes gang-related was too broad and prone to error. The administration deflected criticism that DUI wasn’t serious enough to merit automatic denial.
Advocacy groups criticized the move.
“The administration is showing needless cruelty by layering these new bars on an asylum system which already has been decimated since Trump entered office,” said Heidi Altman, the National Immigrant Justice Center’s policy director.
Asylum is for people fleeing persecution for their race, religion, nationality, political beliefs or membership in a social group. It isn’t intended for people who migrate for economic reasons.
President Donald Trump has called asylum “a scam” and has introduced a string policies against it since the U.S. became the world’s top destination for asylum-seekers in 2017.
A rule proposed in June gives judges the power to reject claims without a hearing. Several new factors weigh against asylum, including failure to pay taxes.
A rule in July lets authorities block asylum-seekers from countries with widespread communicable disease." AP
REMAINDERS
DALLAS COWBOYS: "McCarthy's 1st season in Dallas coming apart over turnovers" AP
GLOBE LIFE FIELD: "Pandemic World Series draws smallest crowd in over century" AP
FC DALLAS: "Cadiz scores first MLS goal, Nashville blanks Dallas 3-0" AP
TEXAS TECH WOMEN'S BASKETBALL: "Former Texas Tech women's coach disputes firing in lawsuit" AP
'MACK ON POLITICS' PODCAST
LATEST "MACK ON POLITICS" PODCAST:The Mueller inquiry is the subject of the 259th episode.
Our guest is former Trump deputy campaign manager Rick Gates, author of “Wicked Game: An Insider’s Story on How Trump Won, Mueller Failed, and America Lost”.
In this conversation we talk to our guest about his early career, how he came to partner with Paul Manafort, who the final few months of the Trump campaign were like, how he got ensnared in the Mueller inquiry, what choice he faced, why he pled guilty, what he would do if he could do it all over again, and what he still wants to know.
Available on iTunes, Google Play, Spotify, Stitcher and on the web at http://www.MackOnPoliticsPodcast.com.
BOOK MATT MACKOWIAK AS A SPEAKER
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Matt Mackowiak will preview the 2020 election and review the 2019 legislative session for your company, association, convention or meeting.
Contact us for rates and dates.
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"I am not always up to date on current news. I know I can count on Matt to give me the 'cliff notes' version of the most important news of the day. I rely on Matt to keep me informed with news that is important to me. He is my news source, and should be yours." - Debra Coffey, TFRW Patron's Co-Chair, former First TFRW VP
"Matt is a straight shooter. He says what he thinks and his analysis is educated and bold. As a repeat presenter at our association meetings he has continually wowed the crowd." - Clayton Stewart, PAC Director, Texas Medical Association
“Wanting a candid and thorough assessment of the statewide primary ballot, I arranged for Matt to speak to members from across the state during a board meeting. For more than an hour, he provided insights into the campaign environment and looked ahead to the 2015 legislative session in ways that our members found valuable, useful and clearly helpful. This portion of the board meeting was a big hit for our members, and have been talking about it for months. Matt has the contacts, experience and balanced insight to give a behind the scenes perspective that provides value.” - Jerry Valdez, Executive Director, Career Colleges & Schools of Texas
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UPCOMING SPEAKING ENGAGEMENTS:
Nov. 10 - Leadership Austin Engage Series: Election Review (virtual)
RECENT SPEAKING ENGAGEMENTS:
Oct. 20 - Lake Travis GOP luncheon (Lakeway, TX)
Oct. 19 - Zoom Election Preview @ Headliners Club (Austin, TX)
Oct. 19 - IPI luncheon (Dallas, TX)
Sept. 29 - IPI Debate preview (virtual)