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Texas Tag

Somewhat overshadowed by the Independence Day holiday weekend, Rick Perry's unorthodox jobs and economic growth speech ruffled all the right feathers. Candidate job plans tend to blur together because regardless of party affiliation, they're virtually indistinguishable. Reduce/raise taxes, decrease/increase regulation, "get America working again!", "yada yada yada middle class!" Then there's always "something strangling something." Whether it's speech writer laziness or well tested imagery I don't know, but there's always something being strangled. "Bring jobs back to America!" [insert story of someone candidate met while campaigning and how current administration/elected official's policies have made it hard for anecdotal individual to find work] and so on. And that's pretty much every single economic policy speech in modern history. Or at least it was until last Thursday. Perry's economic opportunity speech at the National Press Club last week was unlike any other speech of its kind and brilliantly so.

Could the Supreme Court's latest actions result in a set-back for the pro-life community? Wednesday, 10 of Texas' 19 abortion clinics were set to close thanks to a law passed by the Texas Legislature in 2013. The law that would've required abortion clinics to maintain hospital-like standards was enough to force 10 clinics out of the abortion business. Those standards included, "minimum sizes for rooms and doorways, pipelines for anesthesia and other infrastructure," according to the Texas Tribune. In addition to the hospital-like standards requirement, physicians conducting abortions were required to, "have admitting privileges at local hospitals," reported the Washington Post.

Speaking from a plane hanger in a Dallas suburb Thursday afternoon, Governor Perry officially launched his second bid for the White House. Flanked by Navy SEALs, Perry was introduced by his wife, Anita. Meet the former first lady of Texas, Anita Perry. Over the years, I've often heard Governor Perry refer to Anita as, "his rock" and it's easy to see why. Perry's Coaxer in Chief as CNN called her, addressed one of the most crucial issues of Perry's 2016 campaign -- his glasses. "He's got these new glasses that have gotten a lot of attention," observes CNN, "What do you think? Did he need a new image?" "No, he needed the glasses to see! I mean, this really just tickles me, it makes me laugh. He needed those glasses from a childhood injury when he was 16 or 17-years-old and the vision in one eye deteriorated such that he had to have the glasses. So I picked them out. Really, I like him without the glasses, but he had to have them to see."

We don't like to kick a loser when she's down, but when this story appeared on Legal Insurrection's radar we thought it was too good to keep to ourselves. The pink sneaker wearing hope of progressives isn't finished with her fall from grace. Terri Langford of the Texas Tribune:
Wendy Davis Fined $5,000 for Ethics Violation The Texas Ethics Commission has fined former state senator and Democratic gubernatorial nominee Wendy Davis $5,000 after finding "credible evidence" that she failed to include her relationship with two lobbyists on financial disclosure forms filed during her 2012 senate re-election campaign. The commission issued an order detailing its findings and the fine on Thursday, nearly three years after a complaint was filed by Davis' Republican opponent, Mark Shelton, who narrowly lost the election to Davis by 2 percentage points. Shelton complained that Davis' personal financial documents for 2010 and 2011 did not properly indicate that her law partner, Brian Newby, was a registered lobbyist. The firm's unpaid executive director, Marcy Weldin Foster, was also a registered lobbyist in 2011, and that was not disclosed. The commission found Davis received fees for services from her own firm and another that she worked for "of counsel," Cantey Hanger, in 2010 and 2011. Both firms paid Newby as a lobbyist, and Cantey Hanger paid Foster as a lobbyist.
What a shame. Just as she was getting ready to launch the next phase of her career.

We have been following the fallout from the shootings that centered around a “Draw Mohammed” event. Most of the media is honing in on blaming the victims, as if Pam Geller had it coming to her. Noah Rothman at Hot Air writes, The toxic implication that Pamela Geller had last night’s terror attack in Texas coming:
When political commentators note that there is no justification for sexual violence, they aren’t adhering to doctrinal feminism but the tenets of civilized Western thought. No woman, a responsible citizen would say, invites violence merely because their assailant was uncontrollably stimulated by their victim’s choice of attire. This is such a bedrock principle of human decency that it barely needs to be said. Only the most brutish and crude among us would contend otherwise. Why then does it appear vogue to imply that a terrorist attack on a Texas American Freedom Defense Initiative event organized by the group’s president, Pamela Geller, was the inevitable result of provocation on the part of the victims?
ISIS has claimed responsibility for the attack, and promises more:
ISIS has claimed responsibility for the attack outside a Prophet Mohammed cartoon contest in Texas -- and warned of more attacks to come. In a broadcast on its official radio channel Tuesday, the group said two Al Khilafa soldiers opened fire outside the event in Garland, a Dallas suburb. Al Khilafa is how ISIS refers to its soldiers. The gunmen, Elton Simpson and Nadir Soofi, wounded a security guard before police shot and killed them. The ISIS radio announcer also referred to Simpson and Soofi as the terror group's "brothers." The announcement ended with this warning: "We say to the defenders of the cross, the U.S., that future attacks are going to be harsher and worse. The Islamic State soldiers will inflict harm on you with the grace of God. The future is just around the corner."
It turns out that the winner of the "Draw the Prophet" contest, Bosch Fawstin, was previously featured at Legal Insurrection when I covered a special conference organized by conservative talk show host Tammy Bruce:

By early yesterday morning, we knew half the story regarding the allegedly aspiring jihadists who opened fire at a "draw Mohammed" free speech rally in Garland, Texas. Elton Simpson, the first of the two men to be identified, was no stranger to run-ins with the law. In 2010, he was charged with plotting travel to Somalia to "[engage] in violent jihad"; a judge at the time ruled that the government did not have enough evidence that Simpson was actually planning to engage in terrorism, but sentenced him to three years probation for lying to federal agents about his travel plans. Simpson's associates were purportedly "shocked" that he would go on the attack in Garland---but then again, when are associates of dead terrorists ever not surprised that the subject of an investigation would go to desperate lengths? Simpson's story has played out in the media, but what about the other guy? Two men attacked the event---and we now know a little bit more about Nadir Soofi, the second shooter. This photo, taken from Facebook, has circulated amongst both new and mainstream media outlets:

Reports rolled out early this morning that one of the gunmen taken out during last night's shootout in Garland, Texas has been identified as Elton Simpson. Elton Simpson was shot and killed after he and an accomplice pulled up to a "Draw Mohammed" free speech event and attacked a security officer. According to ABC News, the FBI and a bomb squad began an investigation of Simpson's north Phoenix home, where he is believed to have lived with his accomplice. This isn't the first time the government has conducted investigations into Simpson's jihad-associated activities; he was convicted five years ago of lying to officials about plans to travel overseas and allegedly join a terror organization. The New York Times laid out the history of allegations against Simpson:
In 2010, federal prosecutors in Arizona charged Mr. Simpson with plotting to travel to Somalia “for the purpose of engaging in violent jihad,” and then lying to a federal agent about his plans. A judge found him guilty of lying to the agent, but said the government had not proved that his plan involved terrorism, and sentenced him to three years’ probation.

Last night, two gunmen were killed after firing on a security guard outside of a "Draw Mohammed" free speech event in Garland, Texas. Bruce Joiner, the Garland ISD security officer who was shot in the attack, was hospitalized with an ankle wound but released last night. CNN has a good condensed timeline of events:
The men drove up to the Curtis Culwell Center in North Garland, got out of their car and began shooting just as the "Muhammad Art Exhibit and Cartoon Contest" inside was ending around 7 p.m. (8 p.m. ET). An unarmed security guard, Bruce Joiner, was shot in the ankle. He was later treated and released from a hospital. Garland police, who were helping with security, fired back, killing both gunmen. The exchange lasted about 15 seconds, police said.

For the longest, Blue Bell was solely a Texas establishment. Their factory is right up the road from Houston. Kids would take school trips to the Blue Bell factory (and I imagine they still do). Everyone grew up looking forward to their seasonal offerings. And Blue Bell was the treat you looked forward to as a kid. Not ice cream -- Blue Bell. So when the grocery store is out of Blue Bell, they may as well be out of ice cream altogether. Beloved Texas staple, Blue Bell ice cream voluntarily pulled their product off the shelves following widespread listeria contamination concerns. As my sister observed at the grocery store yesterday:

Noooooo :(

A photo posted by Kristee Masters (@masterlenn) on

The massive voluntary recall was the first since the creamery opened in 1907. Closed temporarily, Monday, "Blue Bell Ice Cream will embark on an intensive cleaning program while it simultaneously conducts a new training program for its employees at all four production facilities with locations in Alabama, Oklahoma and Texas." Friday afternoon, Blue Bell released the following video:

Our employees are working hard to bring Blue Bell back. Here’s their message for you:

Posted by Blue Bell Ice Cream on Friday, April 24, 2015

It's proof that public pressure works. After weeks under fire, Texas state representative Jason Villalba (R-114) has pulled his controversial "cop watcher" bill. As it was originally filed, the bill would have placed limits on how citizen journalists are allowed to document police activity. However, soon after the bill was referred to committee and reactions from activists escalated, Villalba indicated that he was open to substantially changing the language in the bill to clarify how the average citizen's First Amendment rights would be affected should it become law. Not good enough, said the people of Texas. And so Villalba has pulled the bill. The move is being praised by some law enforcement associations, but others, like the Dallas Police Association, are standing by their reasoning for proposing the bill to begin with.

Much like the South once used local and state laws to undermine the civil rights victories of the 13th, 14th, and 15th Amendments, those seeking to undermine recent 2nd Amendment civil rights victories often do so by creating a web of complex and often unlawful regulations and limitations upon the exercise of those rights. One common ruse in many states is to illegally post signs prohibiting the lawful carry of concealed firearms into a particular location. Texas, for example, allows for the lawful posting of constraints on concealed carry rights through the use of what are referred to as "30.06 signs," but the lawful use of these signs is highly limited. Texas 30.06 sign Sadly, it has become all too common for 30.06 signs to be posted where it is unlawful to do so. Someone who lawfully carries in violation of such an unlawful posting commits no criminal offense, but the posting naturally has a chilling effect on the lawful exercise of 2nd Amendment rights.  Some of the worst of these unlawful posters have been government entities. Unfortunately, to date there has been no effective means of punishing those who unlawfully post such civil rights restrictions.  Government entities have been particularly out of reach, given their presumed sovereign immunity from legal action. It is pleasing, therefore, to see Texas move towards ending such unlawful signage, as reported at the Guns.com blog, and in a manner that gives 2nd Amendment rights real teeth and punishes violators--even governmental violators--in their wallets.

Earlier this month I wrote a lengthy but necessary breakdown of Texas' "Cop Watcher" bill. Sponsored by Dallas-area House representative Jason Villalba, HB 2918 as filed would have changed the way activists and citizen journalists are allowed to interact with police officers. Almost immediately after the bill was filed, Villalba came under fire from local and national activists who said that the bill was too restrictive and destroyed the ability for citizens to hold police accountable. Under pressure from constituents, activists, and his own colleagues, Villalba now appears amenable to amending---but not pulling---the controversial bill:
"I will not consider pulling this bill but what I will do is considerably rewrite it," the North Dallas Republican said during a taping of WFAA's Inside Texas Politics to air Sunday morning at 9:00. Villalba appeared on the program to explain House Bill 2918 that makes it a misdemeanor to photograph police within 25 feet of them. News media was excluded. During the taping, Villalba said he will reduce the distance to 15 feet but make it apply to everyone, including journalists. "All we're saying is provide [police] a halo. Give them a little room. We're not saying don't film. We're not saying stop. We're saying just step back a little bit," explained Villalba.

The Texas legislature has a reputation for creating headlines, and HB 2918, authored by Dallas-area state Representative Jason Villalba (R-HD 114), might just be the "lege" scandal that we've all been waiting for. Texans don't like it when you mess with their right to hold government accountable---especially when it comes to police action---and Villalba's HB 2918 appears to do just that. Citizens, advocates, and journalists alike are coming out in opposition to a bill that would restrict the rights of everyday citizens and bloggers to film the actions of police officers. The Dallas Republican is even taking heat from his own caucus, with colleagues speaking out publicly against the bill's filing: Screen Shot 2015-03-15 at 8.13.49 PM Villalba’s “cop watching” bill amends and adds to Section 38.15 of the Texas Penal Code, which applies a criminal negligence standard to civilian interference with police business. The problem is that the Villalba bill characterizes the filming or documenting of police action as "interference." Here’s the controversial language (emphasis mine):

On this day two years ago, Chris Kyle lost his life. Since then, his story has become an international sensation with the release of "American Sniper." Patriots from both sides of the aisle have had to come forward and defend Kyle---and the military---from attacks on Kyle's character and the role that he played during his tours in Iraq; but one state governor is going one step further by declaring today "Chris Kyle Day." From Fox News:
Texas Gov. Greg Abbott declared Feb. 2 as "Chris Kyle Day" in his state, honoring the late sniper as a petition drive also gets underway to consider him for the Medal of Honor. Kyle, considered to be the deadliest sniper in U.S. military history, is the subject of the blockbuster film "American Sniper." Though the movie has been controversial, Abbott told Fox News he decided to honor Kyle because “he’s an American hero.” “He had the guts to stand up and defend this country,” Abbott, a Republican governor, told Fox News on Monday. He issued the proclamation at noon in Austin, Texas’ capital. Meanwhile, White House petitions have been launched calling for Kyle to be awarded the Medal of Honor.
Although the Medal of Honor isn't on the books yet, Chris Kyle Day is---at least in Texas:

Texas' new Agricultural Commissioner, Sid Miller, granted amnesty to cupcakes as his first act of office. "I'm announcing that I am giving full amnesty to the cupcakes in Texas. I'm also granting full pardon to pies and cookies and brownies and cakes and homemade candies," Miller said in his announcement. In Texas, the Department of Agriculture administers the school lunch program responsible for restrictive dietary guidelines. Guidelines were put in place to combat childhood obesity, but as Miller points out, the figures haven't changed in the ten years stringent dietary restrictions have been in place. "We're getting out of the school mandate business," Miller said. Miller explained further on Fox and Friends:

Last year 17 states took a stand against President Obama and his plans to use an executive order to remove nearly 5 million illegal immigrants from the bounds of existing immigration law. The coalition, now made up of 25 states and led by Texas' new Governor Greg Abbott, will present oral arguments today advocating both to suspend implementation of Obama's immigration plan, and for the life of the lawsuit crafted to stop it. This type of lawsuit is unprecedented in scope. We know that the President holds certain powers of prosecutorial discretion; but do those powers extend so far as to allow a blanket amnesty without any sort of Congressional approval or legislatively-based change to existing law? And if it does, how should the law account for disparate financial impact to the various states? All novel questions that the court will have to consider. Via the San Antonio Express-News:
Legal scholars say the issues of deferred action and executive discretion on matters of immigration have been upheld in court many times before, and yet predicting the outcome of this lawsuit is difficult because of its unprecedented scale. “Under current case law, there is no basis to find this action illegal,” Chishti said. “But there has never been a case of 5 million, and therefore one might argue that prior cases don’t apply.” Abbott has said Texas shouldered the financial brunt of Obama's 2012 executive action on deferred action, costing taxpayers tens of millions of dollars for an increased police presence on the border, along with health care and education costs.

Yesterday afternoon, a man walked into the El Paso VA Health Care System clinic and shot a doctor before turning the gun on himself. Via Fox 14 El Paso:
At a press conference Tuesday evening, Maj. Gen. Stephen Twitty confirmed the shooter was killed along with one victim. Fort Bliss did not confirm the identity of the victim. As previously reported, El Paso police were assisting Fort Bliss with reports of an active shooter at the VA clinic adjacent to William Beaumont Army Medical Center. The incident was reported at 3:10 p.m., Twitty said. Fort Bliss Military Police, the El Paso Police Department and federal law enforcement officers immediately responded as the VA carried out its response plan.
One blogger with the Dana Loesch Radio Show caught the anti-gun left trying to make the most of things:
Much like the scene of the 2009 Fort Hood shooting, both WBAMC and the adjacent VA clinic are gun free zones. But that didn't stop the anti-gun crowd from diving in immediately to capitalize on the tragedy: Screen Shot 2015-01-07 at 2.36.06 AM