IOWA IS NO LONGER TRUMP COUNTRY

A 4th Special Election in Iowa has the Democrats taking slow control of Iowa.  Last night a state Senate seat flipped from Republican to Democrat.  The Republicans after last night's and January's losses have lost their super majority control of the State Senate.

But really striking the Democrat who won last night won by some 10% of the vote in a district Trump carried by some 10%.

There is a difference between the MAGA Republicans and long-term Republicans.  The long-term Republicans are not happy with Trump's federal takeover. 

 FULANO DE TAL'S CASE MOVES FORWARD

Today adult probation formally received the second request I filed with Sheriff Treviño to bring criminal charges against specific probation officers.  I am not being a jerk.  I told the primary probation officer that Juan Gonzalez failed all the officers by not shielding them from Fulano de Tal [John Doe].  This was a major malpractice by Juan Gonzalez.

My sense is Commissioners Court and Sheriff Treviño are done with Saenz.  Sheriff Treviño knows if he fails to act, he can be implicated as complicit in terms of the federal criminal charges.

Cameron County can offer me a billion dollars, and I will not withdraw the criminal charges.  I cannot without being charged with possible extortion.  This is a matter which can now only be handled by targeting Saenz.  He should resign so the county can ask all investigations can be dropped since the instigator of this mess has resigned.

The investigation to remove Laura Betancourt remains pending.  Two of Saenz's DA's are looking at possible disbarment.  I can prove beyond any doubt they falsified court documents, and subborned perjury. Local attorneys need to step forward and demand Saenz take responsibility for this mess as a way to possibly save other participants.

Cameron County either demands Saenz resigns or faces a major judgment and needless implication of multiple county employees.  If Saenz insists, I will seek federal takeover of Pretrial Release and Adult Probation to include major judgments.  As to me, my settlement is merely a consent decree they will stop the illegal drug testing, as to all defendants stop destroying the drug test results, stop forcing defendants into probation until they have a signed final order from the judges, and finally they accept all defendants have the right to an advocate with them at all times they are with a probation officer.  My monetary demand is $1.00.  It is a formality to allow for the consent decree.

On Wednesday I hope to have filed the formal criminal charges against the 2 ADA's who falsified the court documents.  In the case of Gabby Garcia's court, the ADA was ordered by Peter Gilman to falsify the document.  We are long past the time Peter Gilman and his wife Irma are escorted out of the courthouse for good. 

Where I will fight tooth and nail until I have no options is the removal of Gabby Garcia, Laura Betancourt and Estela Chavez-Vasquez from the bench.  When a judge voluntarily participates in a criminal enterprise to deny a disabled person his rights, they become unfit to sit as judges.

I am formalizing the criminal charges in both federal and state court.  Sheriff Treviño will be given sufficient evidence to bring them before the grand jury.  Because Saenz is at the heart of this mess, Sheriff Treviño must ask for the assistance of Texas AG Paxton.  Sheriff Treviño knows I am asking the FBI to investigate whether he is doing his job.  If Sheriff Treviño is doing his job, then good for him.

Today based on my demand Adult Probation put Fulano de Tal in a program for appearing online.  This shields the probation officers from any further claim of retaliation.  This should have happened after the first criminal complaint.  Juan Gonzalez did what he always does and protects the corruption while throwing the employees under the bus.

FINALLY, ALL APPOINTED COUNSEL

I am asking for disbarment.  This is also part of asking for a federal takeover of Pretrial Release which agreed to be part of the criminal conspiracy.

By Monday Louis Sorola will formally be sued by me for defamation. 

 

TRUMP PULLS A LENIN TO TRICK THE WORKING CLASS TO SUPPORT A DICTATORSHIP

RABOCHIX [WORKER] AND LENIN

1905 REVOLUTION

HOW DID THE REPUBLICANS GO FROM BETTER DEAD THAN RED, TO FULLY EMBRACING LENIN?

Editor's Note:

First the full meaning of Rabochix [cheek].  The "ix" is a diminutive ending, like "ito", in Spanish or "y'" in English. So, the form used by Lenin was meant to be endearing.

Trump goes full Lenin today is rationalizing dictatorship, through federal takeover.   If you are a local Republican and do not denounce the Leninizing of the Republican Party by Trump, you are no real Republican or patriot.  Hate the Democrats all you want, I am with you, but your distain for the Democrats cannot mean you accept Trump's Leninizing the Republican Party. 

TRUMP FINALLY ADOPTS DICTATOR LENIN'S REASONING

Look people, Republicans were for limited government and hands off local governments. Trump has nationalized law enforcement.

People are so easily fooled. Of course, if you increase the number of law enforcement on the streets you will lower crime. But remember it is the local Republicans against increasing law enforcement. Defacto they are now the ones promoting the nationalization of law enforcement, by refusing to use local tax dollars to fund law enforcement.

I do not remain silent over the Democrats' complicity. I want both Parties gone for good.

Today Trump's verified comments on dictatorship.

"“The line is that I’m a dictator, but I stop crime,” Trump said during a Cabinet meeting, referring to his moves to send troops into major American cities. “So, a lot of people say, ‘You know, if that’s the case, I’d rather have a dictator.’”

He later added: “Most people say … if he stops crime, he can be whatever he wants.”

CNN

If you have studied Lenin and his failed communist revolution in Russia, Trump and Lenin are the same person.

Just look to how they both communicate to trick the people.

The Democrats are 100% complicit, though their near silence.

How can you claim to be a Republican when Trump stands for everything Republicans have historically rejected.

Trump is taking control of local and national culture. How is this supportive of the traditional Republican Party.

 

IS TRUMP SUFFERING FROM CHRONIC DEHYDRATION?

Trump has made a big deal about Biden's team hiding his true state of health.  I do believe the investigation into Biden's health has merit.   We cannot have a president unable to perform their duties.  But we also cannot have any president advertising all of their medical conditions.  We need to be able to rely on those closest to Trump to insure us he can perform his duties. 

I believe the makeup on his hand is evidence of a second IV causing bruising.  In my case I will not even allow anyone to try and insert an IV into my hand.  It is painful and cannot be done.  There have been too many failures leaving my hand black and blue. 

In my case they cannot even insert an IV into the forearm.  It has to be done in the flesh where the arm bends.

After the hurricane caused a shortage in IV's because the primary center where they were being made was destroyed, dehydration in patients became a major problem.  A decision was made that in patients with dehydration they could drink water 4 hours before certain procedures.  Do not assume you qualify.  Check with your doctor.  If you drink water too soon before the procedure you could die.

But the problem is, doctors found it nearly impossible to place an IV in patients with chronic dehydration.  In my case it takes a lead nurse and an ultraviolet device to locate a small vein.  Then making it more complex I am developing more vein valves which block the insertion of the IV. 

When I was in the hospital for 5 weeks access to my veins became such a nightmare they decided on the pick line which goes 24 inches into the body.

BACK TO TRUMP

At 79, no black and blue mark where the IV is inserted would be the surprise.  The problem is, Trump, and rightfully so, does not want the black and blue mark to show.

This by itself would not concern me, because it is normal for a 79-year-old. I AM BOTHERED BY THE SWELLING IN HIS LEGS

I know edema when I see it, and he clearly has it in his lower legs.  If not properly treated, it can cause a stroke.  Over 60 years of age doctors prefer physical therapy to relieve the swelling.  The water pills are too harsh on the kidneys. 

Over age 60 any water pill can cause the kidneys to shut down.  Now clearly some people can tolerate the water pills.  I cannot.  I use massage to relieve the water in my lower legs.

If you cannot tolerate water pills you cannot take the common medicines used for prostrate problems, some HBP pills, edema pills, and even several diabetes pills. You have to fail with all water pills used for diabetes before your insurance company will approve Ozempic or similar medicines.

At 79 his doctors may be giving him Flomax or something similar for his prostrate.  I could not tolerate it, and in fact did not need it.  Everyone I know on Flomax has failed on the medicine and in fact cannot tolerate it.

I proved to 2 urologists that if a man can regulate his bowel movements, he will not need to get up in the middle of the night to pee.  It is not complex.  If your rectum is full the stool is pressing on the urethra and prostrate. Every man over 60 has an enlarged prostrate.  This is normal.

I take 4 Fiber Advance Gummies at 8 p.m., and I remain regular. [I prefer the citrus over the berry.]  I never wake up to go pee.  I can assure you most specialists do not understand the anatomy of a clean rectum and relieving pressure on the prostrate.  

TRUMP IS TOO VAIN TO ADRESS HIS PROPER CARE

Trump needs daily physical therapy to address the fluid buildup in his legs.  He is too old for the medicine. 

I understand why he wants to coverup the black and blue marks on his hands. But the swelling in his legs if not properly addressed could cause a stroke.

I think there are legitimate national security issues in keeping his health concerns secret.  But make no mistake in Alaska Russian intelligence officers secured a lot of medical evidence as to Trump's condition.   Given the national security concerns that meeting never should have happened. 

 ART MCDONALD SHOWS HIS COWARDESS AND CONTEMPT FOR THE LAW

A judge faces no greater challenge than when he has to issue a ruling upholding the law which goes against the corrupt legal system.  If judges are allowed to run away from such situations, then the people will have no remedy against institutionalized corruption.

“B.  Adjudicative Responsibilities.

(1)    A judge shall hear and decide matters assigned to the judge except those in which disqualification is required or recusal is appropriate.

Nothing in my case remotely suggests McDonald is disqualified from the case.  Further, no one is suggesting recusal is appropriate.  Based on this the pleading objecting to his self-recusal has already been filed and forwarded to Regional Administrative Judge Missy Medary.  If she assigns a new judge, I will take her on mandamus to void the order.

The new Chief Justice in his State of the Judiciary speech said he would end this nonsense.  I will flood the Texas Supreme Court through mandamus relief every case I know of wherein judicial corruption is being ignored by Missy Medary.  The Chief Justice will decide, did he mean his words or were they all fluff.

ART MCDONALD'S PATTERN AND PRACTICE OF AVOIDING DIFFICULT CASES

In the case at bar city employee Omar Ochoa is being sued in ultra vires.  Although the law cannot be any clearer, the city of Brownsville claims Ochoa is immune from suit.   The ultra vires doctrine is a narrow exception to governmental immunity, under which a claimant may sue a government official for injunctive relief if the official has either acted without legal authority or failed to perform a ministerial duty. City of El Paso v. Heinrich, 284 S.W.3d 366, 372 (Tex. 2009).

In the case of Kathrine Roberts, Judge McDonald recused himself without a basis in law or under the Rules of Professional Conduct to avoid upholding the law court reporters are never immune from suit. Antoine v. Byers & Anderson, Inc., 508 U.S. 429 (1993).  Again, Judge McDonald sought to avoid ruling against a governmental entity.

In the case of Josefina Fisher, DA Saenz after receiving large donations from Alex Begum charged Fisher with obscene language to wit: “Calling Yolanda Begum a fake.”  Rather than uphold the law and dismiss the charges, without any basis in law Judge McDonald recused himself from the case.  A visiting judge immediately dismissed the criminal charges.

If judges can self-recuse themselves to avoid difficult political decisions, then the courts serve no purpose.  The greatest challenge to the integrity of the system is when a judge stands strong and speaks out against the lawfare.  Judge McDonald has a clear pattern and practice of running from any decision he deems too political.  This is a clear violation of the rules of Judicial Conduct, and not a basis for self-recusal. 

NO ONE WILL CHALLENGE ART MCDONALD

Let there be no mistake, Judge McDonald will not face a challenger in the primary.  The legal community would not support any challenger.

The Commission on Judicial Conduct will ignore the complaint.  At most the Texas Supreme Court may issue an opinion explaining under what terms a judge can self-recuse.

My work here is to simply lay the foundation for judicial reform which is something the new Chief Justice claims to support.  I have brought about numerous changes in reform.  

After a very large settlement Texas changed the law to require a doctor sign an affidavit that hospital collection efforts were unconscionable.  In that case the court of appeals reinstated my client's lawsuit. Texas responded by making it impossible for a victim of unethical hospital collections to sue.  This is how the system works.

The entire process concerning recusal was amended based on all of my wins.  They changed the laws so most of my cases would have been lost.

My point, this inevitable mandamus will result in the Texas Supreme Court changing the rules to make it harder for a judge to self-recuse. 

JOHN DOE CASE COMING ALONG

In preparing federal pleadings for the John Doe case, I am pleased to see how more and more federal judges are finding when a judge is engaging in lawfare they are not immune from suit.  

How can acting to obstruct justice and promote a criminal conspiracy ever be within a judge's duties?  Federal court of appeals judge, Ho, a Trump appointee wrote a strong dissent in a case sure to be heard by the Supreme Court.  Lawfare is never part of a judge's duties.

The Supreme Court is expected to take up another case which it has already remanded to the court of appeals.  Once the court of appeals rehears the case it will go back directly to the Supreme Court.  Villarreal v. Alaniz will eventually bring the issue of lawfare and immunity to a final end.  Under such facts judicial immunity will end.

John Does case cannot be any stronger.

CITY ATTORNEY WILL TREVINO TOSSES JUDGE ART MCDONALD UNDER THE BUS

People need to know in my case against the COB, the municipal league has refused representation.  Will Treviño originally asked for time to wait for an answer from the municipal league. Well, they answered and are refusing representation. Given their insurance company has denied representation, even under a letter of reservation, raises serious exposure issues against the city.  My settlement offer which includes the city spending not a penny in a final settlement raises serious questions about exposure to the city. I have agreed the city can recover every penny in the cost of completing the inspection they lied about if paid for by Texas Lone Star.  Who turns down such an offer?

Judge McDonald consistently runs from cases he deems too political.  Not this one:  If he recuses himself, I will file a mandamus to compel him to remain on the case. 

THE RULE: "B. Adjudicative Responsibilities. (1) A judge shall hear and decide matters assigned to the judge except those in which disqualification is required or recusal is appropriate."

In my case against the City of Brownsville Judge McDonald is by no means disqualified, and I certainly have no basis to seek his recusal.  I am the one arguing he keep the case.  Based on my experience I have every reason to believe he will recuse himself without any basis in law, and at great expense to the taxpayers.

I have cooperated with Will Trevino since day one.  After the city filed a frivolous answer, I still offered the city the best settlement offer possible.  The city falsified its document it inspected my home after AC repairs.  It is by no doubt a falsified document.

Then mayor Trey Mendez, and now Mayor Cowen, and City manager Ramirez, refused to take action against Omar Ochoa for falsifying the inspection document.  All three will be deposed even though I offered the best settlement offer possible. 

FIRST JUDGE MCDONALD

In the same way county attorney Juan Gonzalez requested Art McDonald ignore the law and grant a court reporter immunity, Will Treviño is asking Judge McDonald grant immunity in a suit in ultra vires, against Omar Ochoa.  It is a frivolous request which should be met with sanctions. 

The question is why is the county and city attorneys so willing to ask Art McDonald to grant immunity where none lies?  Answer:  Art McDonald is very reliable when it comes time to protect the county and city.

The ultra vires doctrine is a narrow exception to governmental immunity, under which a claimant may sue a government official for injunctive relief if the official has either acted without legal authority or failed to perform a ministerial duty. City of El Paso v. Heinrich, 284 S.W.3d 366, 372 (Tex. 2009)

MY SETTLEMENT OFFER WHICH THE CITY HAS NOW REJECTED

There is an issue that my AC system may catch fire, which voids the homeowner's policy.  I have a duty to replace the AC closet, and have the new AC properly inspected.  The city never inspected the unit, while passing it.  Will Treviño appears to be defending this policy by the city.

My offer was simple; The city sends an inspector to my home to determine what needs to be done to allow for a proper inspection.  As the picture below shows, the AC unit cannot be accessed or inspected because of how the closet was installed.  Texas Lone Star has already been sanctioned by the state $11,250.00, for its abuses.  These are findings as a matter of law which the owner of Texas Lone Star has signed off on under a consent decree.  There is no dispute. 

All I wanted was for the city to remove the bad closet, install the new closet, and then perform a proper inspection once it had access to the AC unit.  It could not do this when installed because the closet made it impossible to access the AC unit.

I did not ask for a penny more.  With a proper inspection Texas Lone Star and its bonding company would have to pay.

I agreed that to the extent Texas Lone Star paid to replace the closet, I would agree to refund the city its cost of replacing the closet so it could complete the inspection. I am actually telling the city if by agreement or judgment Texas Lone Star pays to replace the closet, the city will get the money as a refund. There is no better deal on the planet.

I am asking the city's answer to be struck for its frivolous claim Omar Ochoa is immune from suit. If Art McDonald tries to recuse himself, I will seek mandamus review to compel him to keep the case.  He will not be allowed to run from this case because it is political, and he is up for reelection.

THE CONSEQUENCES TO THE CITY ARE REAL

The city is trying to paint itself as friendly to expansion and construction.  Will Treviño in court pleadings is suggesting the city has discretion in whether it will enforce the building code.  This is the same old problem, Trevino's' task is to obstruct the process, without any concern as to its consequences. 

A public airing of what happened in my home is how the city will handle code enforcement will not bode well for the COB.  The good news for the city is, no matter how good the visuals are in my case, no news media will accept the story.  No one locally will cross the city.  This story does not go beyond the city, so unlike John Doe's case, no outside news service has an interest.

First Art McDonald recused himself in the case of Josefina Fischer rather than dismiss the criminal charges against her as frivolous.  The visiting judge had no problem dismissing the criminal case.  Then in the case of the court reporter Judge McDonald recused himself rather than sanction the county for claiming court reporters are subject to immunity when they are not.  And now the question is raised will he recuse himself in my case against the city rather than sanction the city for its frivolous pleadings on the same issue of immunity.

It is also to be understood; the city is demanding a hearing on Special Exceptions before Texas Lone Star answers the lawsuit.  This is a major increase in the cost of litigation.  It is a major unethical delay tactic.  To the extent I must amend the lawsuit, I will have to pay to have Texas Lone Star served a second time, since they have failed to file an answer to date.  This starts the clock again, which gives Texas Lone Star more time to file an answer. This is a major waste of time and expense.  But Will Treviño does it because he expects Art McDonald to ignore the rules of professional conduct, and to ignore Will Treviño's unethical conduct.

Will is also asking the court grant special exceptions on questions of law.  This is highly unethical. 

Finally, Will Treviño did not include a certificate of conference that he conferred with me on the questions, and no resolution could be found so it is presented to the court for resolution.  Again, this is highly unethical.

SO NOW A SIMPLE CASE WITH A FAIR SETTLEMENT OFFER WILL BECOME A NIGHTMARE FOR ART MCDONALD AS HE REFUSES TO ENFORCE THE RULES OF PROFESSIONAL CONDUCT

In my case I will fight hard to force McDonald stay on the case so he can be held accountable when he fails to do his job. 

Picture of the closet and freon line the COB passed.  So the record is clear, both pictures were attached as exhibits to the lawsuit.  Will Treviño knows the problem and plays the delay game because his experience teaches him, ethics has no place in Cameron County courts. 

All developers will know in the City of Brownsville they cannot rely on the COB to enforce the building code.  If I can get a local news service to come to my home, the City Commission and Helen Ramirez will by humiliated when they cannot defend this very poor workmanship.

The city is claiming they do not know which code violations I am alleging.  They have their own findings, which is plead, they have the state sanction against Texas Lone Star, they have these pictures, they have my complaints to Trey Mendez, and Helen Ramirez, and since John Cowen came to office, he has all complaints. 

I feel bad for Trey because his duty still remains to the city, and they can toss him under the bus.  His hands are tied to cooperate with John Cowen and Helen Ramirez. 

 IS GARZA RUNNING AFTER FIRST KISSING GILBERTO HINOJOSA'S RING, OR IN DEFIANCE OF GILBERTO HINOJOSA'S DECISION TO RUN CHUY GARCIA?

I will not be there tonight.  Those who show will tell the story of whether Noe Garza is running with the consent of Luis Saenz and Gilberto Hinojosa.  If he is, it is certainly the end of Chuy Garcia's campaign.  If he is not, it opens the door of a war of words against Saenz and Hinojosa.

We wait and see if Mario Saenz shows up with his bullhorn pushing Garza or Garcia.

Trey Martinez failed to file a timely response to John Doe's Petition for Review with the Texas Supreme Court.  Out of respect for the Court, Trey should have filed a waiver to file a response.  

He certainly knows the rule provides for the Texas Supreme Court to give Trey Martinez a second chance to oppose the Petition for Review.  As a matter of policy, they will not proceed without informing Trey Martinez they intend to proceed and providing him a second chance to oppose the Petition for Review.  My issue is the lack of respect Trey has for the Court by not filing a waiver subject to any further action by the Court.

The John Doe civil case is important because it asks the Court to address the issue of how to evict § 8 tenants.  There is no issue, federal CFR's govern the proceedings.  There is no issue Chuy Garcia was not concerned with whether Come Build Come Dream alleged a basis for eviction under the CFR's. 

I am very close to suing for John Doe in federal court over these issues.  I have kept the COB out of the mess because it compounds the case.  This morning City Attorney Will Treviño made clear he wants the federal lawsuit over Housing not following the rules.  See Second post. 

REMOVAL ACTIONS

Here are the elected official subject to a removal action.

Sec. 87.012.  OFFICERS SUBJECT TO REMOVAL.  The district judge may, under this subchapter, remove from office:
(1)  a district attorney;
(2)  a county attorney;
(3)  a county judge;
(4)  a county commissioner;
(5)  a county clerk;
(6)  a district clerk;
(7)  a district and county clerk;
(8)  a county treasurer;
(9)  a sheriff;
(10)  a county surveyor;
(11)  a county tax assessor-collector;
(12)  a constable;
(13)  a justice of the peace;
(14)  a member of the board of trustees of an independent school district; and
(15)  a county officer, not otherwise named by this section, whose office is created under the constitution or other law of this state.

Note 13, JP.  Also note DA, County Attorney, district clerk, Sheriff.  Sheriff Treviño is being given his last chance to end the abuses by Adult Probation before facing a removal action.  There is no issue they are in a criminal enterprise against John Doe.

There is no issue Chuy Garcia is running an illegal campaign for the 107th Judicial District Clerk, with the help of Mario Saenz. Anyone can file the removal action against Chuy Garcia. He will deny the claim he is running for the 107th.  Then on January 1, 2026, announce he is running. This will be the equivalent of hanging himself.  Any voter in Cameron County can file the removal action. 

Rumors are not facts.  This is why it is important we carefully watch who shows up at the Noe Garza campaign kick-off.

A removal action against Linda Salazar, Cyndi Hinojosa, Mary Esther Sorola, and Chuy Garcia is coming.  I have the solid proof they conspired with Gilberto Hinojosa to deny John Doe justice in his eviction case.  He was never evicted.  They just corrupted the process.  They failed to follow the law concerning how cases are moved around between JPs.  

The Brownsville Housing Authority refused to enforce the law as to how a Section 8 tenant is evicted.  Will Trevino, Brownsville City attorney had the chance to end any claims against Housing.  This morning, he chose to proceed in defending the city.