MRT: Paxton Lawsuit Brings Halt in Deportation Freeze; New TX Daily COVID Cases Down; Abbott Pushes Liability Shield; TAMU Delays on Sul Ross Statue
Here's What You Need to Know in Texas Today.
MustReadTexas.com – @MustReadTexas
BY: @MattMackowiak
WEDNESDAY – 01/27/21
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Today is the 15th day of the 140-day Legislative Session.
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TOP NEWS
"Texas' rolling average of new daily COVID-19 cases decreases," via AP-- "The rolling average number of daily new cases of the coronavirus in Texas has decreased 17.5% over the past two weeks, researchers at Johns Hopkins University say.
The Texas Department of State Health Services on Tuesday reported more than 24,000 new confirmed and probable COVID-19 cases, as well as 307 additional deaths.
Johns Hopkins says more than 35,000 people with the virus have died so far in Texas, the third highest death count in the country.
For most people, the coronavirus causes mild or moderate symptoms that clear up within weeks. But for others, especially older adults and people with existing health problems, the virus can cause severe illness and be fatal." AP
"Texas man arrested in Capitol riot, another stays in custody," via AP-- "A Texas man accused of taking part in the attack on the U.S. Capitol earlier this month while wearing a shirt with a message that stood for “murder the media” was arrested Tuesday, the FBI said.
Nicholas DeCarlo, 30, was charged with obstructing an official proceeding, entering a restricted building and parading or demonstrating on Capitol grounds, according to a criminal complaint.
Investigators say DeCarlo, of Burleson, Texas, was seen in photos smoking a cigarette inside the Capitol on Jan. 6. He also claimed to work for MT Media News, which stands for Murder the Media News.
In some photos, DeCarlo was seen with Nicholas Ochs, one of the founders of Hawaii’s chapter of the Proud Boys, neofascist group. The pair was also seen in a photo standing in front of a door inside the Capitol that had the words “MURDER THE MEDIA,” which appear to have been carved into the wood. DeCarlo was wearing a shirt and hat that said “MT Media” with his thumbs up, according to the FBI.
Ochs was also arrested and accused of unlawful entry into restricted buildings or grounds.
Another Texas man, Garret Miller from Richardson, who stormed the Capitol was ordered by U.S. Magistrate Judge Rebecca Rutherford on Monday to remain in federal custody without bond until his trial.
Miller, 34, was arrested last week after participating in the riot, posting violent threats on social media, including calling for the assassination of Democratic U.S. Rep. Alexandria Ocasio-Cortez of New York, the FBI said.
Clint Broden, Miller’s attorney, said Miller had no interest in politics but became radicalized by Donald Trump and his claims on a stolen election.
Assistant U.S. Attorney Joseph Magliolo said Miller’s racist threats on social media about hanging a Black Capitol police officer with a rope were concerning.
“He is exceedingly dangerous. Please, please detain this man,” Magliolo told the judge.
The FBI said Miller became “fixated” on the death of Ashli Babbitt, a rioter who was shot and killed by police inside the building during the Jan. 6 attack, and wanted revenge.
“You were hunting a Capitol Police officer,” Rutherford said. “I don’t see any remorse.”" AP
"Texas A&M again delays decision on moving Sul Ross statue, as committee warns inaction will damage university," The Texas Tribune's Kate McGee -- "A diversity committee at Texas A&M University said school officials must resolve the decadeslong debate over moving or removing the statue of Lawrence Sullivan Ross, a former Texas governor and Confederate general, or else the university risks long-term damage to its reputation.
A report released Monday evening found that 75% of the 450 students, faculty and alumni who provided feedback to the committee want the statue moved or removed. But the committee, which was formed as a response to summer protests calling for racial justice and demands by students, did not make its own recommendation, insisting its role was for fact finding.
“While some universities have attempted to ignore demands surrounding symbols, names and iconography, in the majority of cases, they have been unsuccessful and by inadequately addressing the issue, increased reputational damage,” the report read.
Three university fundraising foundations were interviewed by the committee, including the Texas A&M Foundation and 12th Man Foundation. Those donor groups also said they did not believe making changes to the statue would have a long-term negative impact on fundraising efforts, though they expected it could lead to a short-term drop.
“All groups agreed that much of the dissent is from a small number of people who are spreading rumors and tend to be overly vocal about their opinions,” the report stated. “In terms of actions, all three groups indicated that better defining values, putting them into practice and marketing them would be positive for both Texas A&M and fundraising efforts.”" Texas Tribune
STATE AND LOCAL GOVERNMENT
"Federal judge temporarily halts Biden’s deportation freeze in response to Texas AG Paxton’s lawsuit," The Dallas Morning News' Alex Briseno and Dianne Solis -- "The Biden administration’s 100-day freeze on certain deportations was temporarily halted by a federal judge Tuesday in an early legal challenge from Texas Attorney General Ken Paxton.
U.S. District Judge Drew Tipton, who was appointed by former President Donald Trump, put a 14-day pause on the administration’s moratorium in order to consider the lawsuit filed Friday by Paxton.
In the order Tuesday, Tipton said Texas had a “substantial likelihood” of prevailing in two of its six claims, including the claim that the 100-day freeze on deportations violated a federal immigration law that says final deportation orders shall be executed within 90 days. Tipton also agreed with the state’s argument that Texas would be at significant risk of suffering imminent and irreparable harm if a temporary restraining order was not granted.
Paxton immediately took to Twitter to celebrate, saying, “VICTORY. Texas is the FIRST state in the nation to bring a lawsuit against the Biden Admin. AND WE WON. Within 6 days of Biden’s inauguration, Texas has HALTED his illegal deportation freeze.”
Paxton added in the tweet, “This was a seditious left-wing insurrection. And my team and I stopped it.”
The U.S. Department of Justice declined to comment." Dallas Morning News
"Gov. Greg Abbott pushes Legislature to protect businesses from coronavirus-related lawsuits," The Texas Tribune's Mitchell Ferman -- "Gov. Greg Abbott is pushing state lawmakers to protect individuals and companies that opened businesses during the pandemic against coronavirus-related lawsuits, he said Tuesday. It's another in a long line of Abbott's attempts to support businesses despite the worsening public health crisis and ongoing economic turbulence in Texas.
While the governor did not provide specifics about what protections he wants businesses to have, he said his focus is on reducing lawsuits and creating more jobs. He told a table of business leaders Tuesday in San Antonio that businesses “have gone above and beyond" to remain open during the pandemic.
“And yet those same businesses, they face the threat of potential lawsuits for the fact that they opened up," he said.
Many workers in Texas, however, have already registered coronavirus complaints with the federal government: Texans have filed at least 917 coronavirus-related complaints against employers with the Occupational Safety and Health Administration. Without providing a reason, OSHA has closed 820 of those cases as of Jan. 10.
U.S. Sen. John Cornyn, R-Texas, unsuccessfully pushed for federal legislation that would have included similar civil liability protections for businesses. But legislative provisions Cornyn authored were not included in Congress' latest coronavirus relief package.
"We can’t rely on Congress to do the job for us," said George Christian, senior counsel with Texas Civil Justice League, which advocates for business protections and tort reform. "Even if something finally happens in Washington, this legislation is stronger and permanent, so that no Texan has to worry about a lawsuit unless they did something knowingly and with flagrant disregard for appropriate public health protocols."" Texas Tribune
"As Gov. Greg Abbott vows to ban homeless camping in public, Austin officials and unsheltered residents push for better housing access,"The Texas Tribune's Juan Pablo Graham -- "Ronnie Vara stood at the corner of Austin’s Menchaca Road and W. Ben White Boulevard on a recent chilly evening asking motorists for money with a colorful cardboard sign.
“Please bless me with your generosity and be part of my new miracle,” it read.
The 37-year-old sleeps nearby in a tent underneath State Highway 71. Where she lives and the way she’s trying to make a living both would have been a crime just a year and a half ago. And it could be again if Gov. Greg Abbott or a group of Austin residents get their wish.
But Vara said she can’t imagine what life would be like if the state or Austin voters reinstated bans on camping, panhandling and sitting in public areas that the Austin City Council lifted in 2019.
“How can they criminalize something like this? What choices are there? There’s so many of us and housing is so limited,” she said.
Austin’s housing market has become increasingly less affordable in the last decade, as have most major metropolitan areas in the country, according to data from the Federal Reserve Bank of Dallas. For low-income renters, finding an affordable home is especially difficult: 91.2% of Austin households that earn under $15,000 a year spend at least half of their incomes on rent.
Austin officials’ decision to stop criminalizing the behaviors of some homeless people was quickly criticized by Republicans and some residents who complained about highly visible homeless encampments, unhealthy conditions in public areas and aggressive panhandling. Homeless advocates and city officials agree that allowing homeless residents to sleep in public places has increased the visibility of people without homes — but also say criminalizing such behavior does little to get people into stable housing.
Abbott, a Republican who has made homelessness one of his many battlegrounds in an ongoing war against Austin’s progressive leadership, said on Thursday that he is working on a legislative prohibition on encampments like the one Vara lives in." Texas Tribune
"‘A little nervous’ — Texas school districts, battered by pandemic, don’t know if Legislature will protect them from funding cuts,"The San Antonio Express-News' Andres Picon -- "Beginning last summer, school districts across Texas took comfort in knowing they would not lose state funding despite having fewer students in classrooms as a result of the pandemic.
The “hold harmless” guarantee from the Texas Education Agency was a lifeline for districts during a school year marked by unprecedented enrollment losses.
But the commitment expired around the start of the new year. Now, superintendents fear they could lose millions of dollars in state funding if the TEA decides not to reinstate the “hold harmless” policy.
Texas Education Commissioner Mike Morath has made clear that rules adopted last year to shore up school funding during the pandemic were temporary and that it is now up to the Legislature to decide how to move forward.
Superintendents say they aren’t sure what to expect, given the state’s own budget gap and the persistence of the pandemic.
“We’re all a little nervous,” said Sean Maika, superintendent of North East Independent School District, whose enrollment this year is about 5 percent less than projected. “It would be nice — it would be a huge relief — to myself and to my staff if we knew (the guarantee) was going to extend onward so we could build some cohesive plans for kids.”" San Antonio Express-News
#TXLEGE
"The late Sheldon Adelson's gambling empire pushes forward with goal to bring casinos to Texas,"The Texas Tribune's Patrick Svitek — "The gambling empire Las Vegas Sands is pressing forward with its ambitious drive to bring casinos to Texas after a series of recent developments, including the death of its CEO, Republican megadonor Sheldon Adelson, have called into question how much momentum remains behind the cause.
The company made waves in Austin late last year as it built a high-powered lobby team and made clear it saw Texas as its next big expansion opportunity — "the biggest plum still waiting" in the industry. But since then, Comptroller Glenn Hegar released a fiscal forecast for the state that was much better than expected, quieting what had been mounting conversations about how gambling could be a new tax revenue source for the state. Then came the death of Adelson, the famous chairman, founder and CEO of Las Vegas Sands. And then the new state House speaker, Dade Phelan, delivered his first public assessment of the push, saying casinos needed to be treated as a "long-term commitment" and not a short-term panacea for the state's fiscal challenges.
The company has not pitched casinos as a silver bullet for Texas' budget problems, but few dispute that the company is operating in a different environment in Texas now than it was as recently as a month ago.
Andy Abboud, Las Vegas Sands' senior vice president of government affairs, indicated in a statement for this story that the company was undeterred.
"The possibilities for expanding Texas’ tourism offerings are exciting, and we look forward to working with lawmakers this session to present the potential opportunities that exist for robust, long-term economic development and jobs for the state," Abboud said.
Sure enough, Las Vegas Sands' Texas lobby team has kept growing at a brisk pace, ballooning to 51 members, according to registrations with the Texas Ethics Commission as of Tuesday. The company is spending anywhere from $2.3 million to $4.5 million on the lobby stable, according to the state records, which only provide pay ranges for individual lobbyists." Texas Tribune
TEXANS IN DC
"‘Solemn duty’: San Antonio Rep. Joaquin Castro to help manage Trump’s second impeachment trial," The Dallas Morning News' Tom Benning -- "Dressed in a dark suit and sporting a black face mask, San Antonio Rep. Joaquin Castro on Monday evening joined eight of his House colleagues in marching two by two, silent and stone-faced, to the Senate with a single article of impeachment.
For the second time in as many years, a Texas Democrat was there to help prosecute a case against Donald Trump.
Castro is one of nine impeachment managers selected to seek the former president’s conviction in connection with the deadly Capitol insurrection. He’s following the path of Houston Rep. Sylvia Garcia, who was on the House team last year for the impeachment trial over Trump’s Ukraine dealings.
“I see it as a solemn duty,” Castro, a five-term lawmaker whose twin, Julián, ran for president last year, said in an interview with The Dallas Morning News. “Impeachment and conviction are the most serious undertakings that our political system can go through.”
He added: “We’re trying to convince 100 senators that the future of the country and the Constitution is at stake.”" Dallas Morning News
BIDEN ADMINISTRATION
"AP sources: Biden to pause oil and gas sales on public lands,"AP's Matthew Daly -- "President Joe Biden is set to announce a wide-ranging moratorium on new oil and gas leasing on U.S. lands and waters, as his administration moves quickly to reverse Trump administration policies on energy and the environment and address climate change.
Two people with knowledge of Biden’s plans outlined the proposed moratorium, which will be announced Wednesday. They asked not to be identified because the plan has not been made been public; some details remain in flux.
The move follows a 60-day suspension of new drilling permits for U.S. lands and waters announced last week and follows Biden’s campaign pledge to halt new drilling on federally controlled land and water as part of his plan to address climate change. The moratorium is intended to allow time for officials to review the impact of oil and gas drilling on the environment and climate.
Environmental groups hailed the expected moratorium as the kind of bold, urgent action needed to slow climate change.
“The fossil fuel industry has inflicted tremendous damage on the planet. The administration’s review, if done correctly, will show that filthy fracking and drilling must end for good, everywhere,″ said Kierán Suckling, executive director at the Center for Biological Diversity, an environmental group that has pushed for the drilling pause.
Oil industry groups slammed the move, saying Biden had already eliminated thousands of oil and gas jobs by killing the Keystone XL oil pipeline on his first day in office.
“This is just the start. It will get worse,″ said Brook Simmons, president of the Petroleum Alliance of Oklahoma. “Meanwhile, the laws of physics, chemistry and supply and demand remain in effect. Oil and natural gas prices are going up, and so will home heating bills, consumer prices and fuel costs.″
Kathleen Sgamma, president of the Western Energy Alliance, which represents oil and gas drillers in Western states, said the expected executive order is intended to delay drilling on federal lands to the point where it is no longer viable. Her group pledged to challenge the order in court.
“The environmental left is leading the agenda at the White House when it comes to energy and environment issues,″ she said, noting that the moratorium would be felt most acutely in Western states such as Utah, Wyoming and North Dakota. Biden lost all three states to former President Donald Trump.
The drilling moratorium is among several climate-related actions Biden will announce Wednesday. He also is likely to direct officials to conserve 30% of the country’s lands and ocean waters in the next 10 years, initiate a series of regulatory actions to reduce greenhouse gas emissions and issue a memorandum that elevates climate change to a national security priority. He also is expected to establish a White House office on environmental justice to serve low-income and minority communities that suffer disproportionately from air and water pollution and industrial waste and are often located near hazardous sites such as power plants, landfills and incinerators.
Biden also will direct all U.S. agencies to use science and evidence-based decision-making in federal rule-making and announce a U.S.-hosted climate leaders summit on Earth Day, April 22.
The conservation plan would set aside millions of acres for recreation, wildlife and climate efforts by 2030, part of Biden’s campaign pledge for a $2 trillion program to slow global warming.
Under Trump, federal agencies prioritized energy development and eased environmental rules to speed up drilling permits as part of the Republican’s goal to boost fossil fuel production. Trump consistently downplayed the dangers of climate change, which Biden, a Democrat, has made a top priority.
On his first day in office last Wednesday, Biden signed a series of executive orders that underscored his different approach — rejoining the Paris Climate Accord, revoking approval of the Keystone XL oil pipeline from Canada and telling agencies to immediately review dozens of Trump-era rules on science, the environment and public health.
A 60-day suspension order at the Interior Department did not limit existing oil and gas operations under valid leases, meaning activity would not come to a sudden halt on the millions of acres of lands in the West and offshore in the Gulf of Mexico where much drilling is concentrated. The moratorium also is unlikely to affect existing leases. Its effect could be further blunted by companies that stockpiled enough drilling permits in Trump’s final months to allow them to keep pumping oil and gas for years.
The pause in onshore drilling is limited to federal lands and does not affect drilling on private lands, which is largely regulated by states.
Oil and gas extracted from public lands and waters account for about a quarter of annual U.S. production. Extracting and burning those fuels generates the equivalent of almost 550 million tons of greenhouse gases annually, the U.S. Geological Survey said in a 2018 study.
Under Trump, Interior officials approved almost 1,400 permits on federal lands, primarily in Wyoming and New Mexico, over a three-month period that included the election, according to an Associated Press analysis of government data. Those permits, which remain valid, will allow companies to continue drilling for years, potentially undercutting Biden’s climate agenda." AP
REMAINDERS
DALLAS MAVERICKS: "Porter, Nuggets beat Mavericks 117-113 after Murray ejections" AP
SAN ANTONIO SPURS: "Spurs-Pelicans game called off, as NBA's virus woes continue" AP
TEXAS TECH MEN'S BASKETBALL: "McBride, No. 11 West Virginia rally past No. 10 Texas Tech" AP
HOUSTON ASTROS: "Brantley rejoins Astros to complete unfinished business" AP
'MACK ON POLITICS' PODCAST
LATEST "MACK ON POLITICS" PODCAST: The electoral college is the subject of the 270th episode.
Our guest is 35-year veteran of the conservative movement Pat Rosenstiel, who serves as senior advisor to the National Popular Vote Compact (http://www.NationalPopularVote.com).
In this conversation we explore arguments for and against a national popular vote, examine how it would work, consider misperceptions, and take stock of when (or if) it will become a reality.
Available on iTunes, Google Play, Spotify, Stitcher and on the web at http://www.MackOnPoliticsPodcast.com.
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