CLASSIC TRUMPIAN

WHILE REPUBLICAN MONICA DE LA CRUZ LEADS CRY FOR PROTECTION OF CONSTRUCTION WORKERS, DEMOCRAT VICENTE GONZALEZ REMAINS MISSING IN ACTION

" The Essential Workers for Economic Advancement Act, introduced in September, would offer non-citizens temporary, renewable visas for up to nine years to work in key industries where employers are struggling to hire.

“That would help us protect and get immigrants legally for those in the construction industry,” Rep. Monica De La Cruz (R-TX) told Nexstar." Click for full article

Starting yesterday this story went national.  The LRGV is being profiled for its loss of construction workers because of Donald Trump's policy.  Monica De La Cruz is not pulling a MTG anti-Trump diatribe because she dislikes some of his policies, Monica De La Cruz is acting as a reasonable policy wonk to educate the Trump White House.

I get the Democrats have to take the House if we are to stop Trump.  But elections are about jobs.  This is a key job issue in south Texas, and it is the Republicans leading the charge.  There is an old rule in politics.  

You effectuate change through the voice of the least plausible advocate. It was said because of Nixon's well-established reputation for being anti-China, only Nixon could open China to the US without being accused of being a sellout.  

Support for deporting criminals is a big part of the Politico article on the problem.  The Republicans never supported deporting hard workers, just criminals. See Politico

It will take a Monica De La Cruz to bring about a Bracero Program for construction workers. She is a strong voice for deporting the criminals, not the needed workers. She cannot be accused of being a sellout. The Nixon analysis comes from being educated and knowing how to develop analytical models, versus just typing to appear relevant. 

If you remember the Nixon model, you will always be able to predict who will be most likely to bring about the needed change. 

 

YES, THE SHORTAGE IS REAL - THANK YOU VERY MUCH TRUMP

For about three weeks I have noticed Walmart does not have Almond Milk.  Maybe they have it in the early morning and then run out.  The shortage is real.

The problem is multifaceted.  When Tony Martinez first announced for mayor, I demanded to know his water policy, as key to expansion of our economy.  Tony not really educated in such matters claimed he would promote conservation.  As if conservation would have prepared us for SpaceX demands.

On water policy, and it will cost us more than it already is costing us, we have none.  In the same way the city lied repeatedly about the airport runway expansion and then did nothing to stop the sale of the land needed for the expansion, the city and county have allowed for the development of the land needed for the weir dam. 

WHAT DOES THIS HAVE TO DO WITH THE PRICE OF ALMOND MILK?

California has done nothing to address its water demand and droughts.  All over the world from Asia, China, Africa, Latin America, and even Russia, hundreds of millions of trees are being planted to expand the amount land good for farming.  The trees promote rain, which means water.  In the US we just cut down the trees without actually replacing them and in fact adding to the total number of trees.

Even Saudi Arabia is actively planting millions of trees to reclaim the desert.  Trees bring rain, which means water.  It is amazing the millions of trees being planted around the deserts in Africa. 

SO, BETWEEN THE LACK OF A WATER POLICY IN CALIFORNIA AND NOW WORKER SHORTAGES, THE SHELVES HAVE NO ALMOND MILK

The almond harvest in California is down because of drought and what harvest there is, is not getting processed because of a lack of workers. 

Here in Texas, we prefer to cut down trees for paper products than grow hemp.  If production issues can be resolved, bamboo may become the main source of plastic instead of oil.  In Mexico avocado seeds are already being used for plastic and in Asia they use the yuca root.  But here we prefer our limited trees and fossil fuel. 

 

IT SEEMS IMPROBABLE ANYONE WOULD FALL FOR THIS SCAM, BUT THEY DO

Look no state or federal official is going to call you and demand you pay a fine for anything.  Some fines may be referred to a collection agency.  They as a general rule will not demand you drive around town to pay the fine to BIT coin tellers.  [I say generally, because 20 years ago I had a parking ticket referred for collections.  I was not even living in Dallas at the time.  A well-known collection agency paid me I believe $5,000 to settle the suit.]

If you owe a fine, you will get notice through the mail.  Even then if you call them demand proof of the fine.  They have to give you proof or stop calling.

When I read this story, I could not believe people actually fell for the claim they owed over $20,000 for a failure to appear fine.

Click for Story

 

UPDATES ON ME AND JOHN DOE

UPDATE ON MEDICAL TESTING

It is no one's fault, but the advanced prostate blood work takes a week, and then 3 more days before I can see the result.  Far too often the veteran has to wait to see the result to then notify the doctor.  So, I am looking at 10 days before I know anything.  It is no one's fault.  It is an advanced blood test which takes time.  I am certain the final result will be some form of prostatitis.  I just have to be patient to rule out cancer.  The lab work points to a high probability for cancer, but the symptoms are more in line with an inflamed prostate needing treatment.  I hate the wait. 

I continue to undergo testing.  It blows my mind how much has to be done before a biopsy is ordered. 

Most days after breakfast I go back to sleep until about 2:30. Some days I make it through the day.  When I am awake, I am working.

I am hoping to know by Monday if the biopsy is next.  It is either cancer or a very infected prostate.  Either way there is treatment.

THE CASE OF JOHN DOE

I cannot explain what is happening.  This morning as expected the Court of Criminal Appeals refused the Petition for Discretionary Appeal.  The motion for rehearing, and the federal lawsuit are next. I have to finish something in the COB case, and then I will present to the Chief Justice of the Western District, Orlando Garcia the motion seeking assignment of an attorney to help John Doe with the federal proceeding, and for access to electronic filing.  The cost of producing the documents for hand filing is cost prohibitive.  Then there will be the issue of postage.

The Motion for Rehearing En Banc will be filed.  

There is no issue it violates the constitution to charge John Doe with a crime when there is no charging instrument.  They denied John Doe access to the record.  They denied him access to an attorney.

The case law is very strong; the record is the Holy Bible of a criminal appeal.  

On the latter issue, the Court of Criminal Appeals never denied the Motion for Leave to Amend the Petition for Discretionary Review.  Under the law this is not an option for the court.  All of this gives me the resolve to know there is a major cover-up.

What they fail to understand all of the pending federal investigations remain.  If anyone in this mess is indicted the Court of Criminal Appeals will pay with their reputation. 

Okay I have to get to the VA for more advanced testing on the prostate. 

 

ATTORNEY CHRISTOPHER PETTIT, MAY HAVE GIVEN JOHN DOE THE WIN

The context here is important.  The federal court of appeals just tossed Pettit's 50-year sentence based on federal Judge Orlando Garcia's inadvertent mistake of not correcting the impression the maximum sentence was 30 years and not 90.

The language in the federal court of appeals opinion, especially in the end, is eloquent.  But it all goes to the same issues in the John Doe case.

First on Judge Orlando Garcia. He is no Gabby Garcia or Luis Saenz.  This was an honest mistake.  When you read the posted transcript, it comes down to an honest mistake. During plea bargains sometimes judges believing the plea ends the case, just reads the perfunctory associated language needed to confirm the plea bargain.

In this case the language seems to suggest a maximum sentence of 30 years.  It was a question of concurrent or consecutive time to be served.  One allows for multiple 30 years sentences to be served at the same time, the other provides once you finish one, you start the next.

In my opinion Mr. Pettit knew the difference and sat on the issue with his lawyer to allow for the appeal.  But this is key to justice.  It does not matter if Pettit as an experienced lawyer knew he was facing 90 years; judge Orlando Garcia got it wrong.  And also, more importantly the US Attorney failed at their job. 

It is probably a win with no meaning.  He will be resentence based on a maximum of 30 years.  He will be approaching 86 when he gets out, assuming he lives that long. 

The reason I am so certain this was an honest mistake by Judge Orlando Garcia is his long history as a judge.  He led the battle in Texas to preserve the right to same sex marriage.  He is loyal to the law, but not infallible. 

THE KEY TO THE JOHN DOE CASE

"Because the words used at each stage of this case are of critical importance to Pettit’s understanding of his plea, we recount and quote from the record in some detail."  John Doe cannot do this without access to the record, and the Court of Criminal Appeals knows this.  All documents being filed with Chief Judge Garcia, will be copied to the FBI office in Austin asking for a criminal review of the Court of Criminal Appeals. 

US v. Pettit, p. 2, Click for Opinion

The Court of Criminal Appeals denied John Doe access to the record to argue his Petition for Discretionary Review.   This goes against its own well established case law.  When the entire court was asked to rule on the issue, the court ordered the motion put in the file, but not to be ruled on.

This case at so many levels is so ripe for federal review it cannot fail.

I have said it will be filed in Austin.  The Pettit case just opened the case to near guarantee of federal review.

You begin with two motions to the Chief Judge of the Western District, which is Judge Orlando Garcia.  One, John Doe can ask he be given a court appointed attorney to help him with the lawsuit, as indigent.  Two, he can ask for permission to file electronically.  In both these motions all the key evidence is presented to Judge Orlando Garcia.

Judge Garcia will know for sure John Doe was denied any notice of what he was pleading no contest to, and this according to the federal court of appeals is reversible error.  And if any judge in the Western District knows this it is Judge Orlando Garcia.  He will not throw himself under the bus for the Texas Court of Criminal Appeals.  They are without a doubt engaged in a criminal conspiracy to conceal the record which proves the criminal conspiracy. 

John Doe could not have knowingly agreed to get a GED when he knows he is too intellectually disabled to secure a GED.  He cannot comply with the terms of the plea.  The record shows Bobby Lerma ordered his client to commit felony perjury when he claimed no history of mental illness.  Just the day before at Gabby Garcia's insistence Korina Barraza filed the motion to compel a mental health review.

"We exercise our discretion to correct this error. Under plain-error review, we may correct errors that “seriously affect the fairness, integrity or public reputation of judicial proceedings.” United States v. Young, 470 U.S. 1, 15 (1985) (quoting Atkinson, 297 U.S. at 160). This case presents such an error. The right to a jury trial, guaranteed by the Sixth Amendment, is a _____________________ 3This would be a different case if, for example, the district court at sentencing had more clearly articulated that the maximum penalty was 90 years and confirmed in a colloquy with Pettit that he wanted to go forward with his guilty plea and sentencing. 13 Case: 24-50250 Document: 144-1 Page: 14 Date Filed: 02/05/2026 No. 24-50250 “constitutional protection[] of surpassing importance.” Apprendi v. New Jersey, 530 U.S. 466, 476 (2000). Consequently, “[t]he integrity of the plea bargaining system,” which results in a defendant relinquishing that important right, is “vital to our national system of criminal justice.” United States v. Palmer, 456 F.3d 484, 491 (5th Cir. 2006) (quoting United States v. Ashburn, 20 F.3d 1336, 1347 (5th Cir. 1994)). “Maintaining that integrity requires diligently policing its failure to function properly.” Id. So our discretion is properly exercised here."

pp. 13-14

The beginning of the opinion makes clear a criminal defendant's rights can only be vindicated by access to the record.  The Court of Criminal Appeals has denied John Doe access to the record. 

FOR NOW, I HAVE TO GET BACK TO MY CASE AGAINST THE COB

Federal pleadings can be taxing.  I have no problem with the burden placed on the litigants, but it has become a minefield which allows judges to deny justice not on the merit, but because of failure to comply with a local rule.

The city has a dismissal pending, which if granted sends the case back to state court because the § 1983 will no longer be pending.  Normally, I would not consider appealing any ruling by Judge Olvera, but whether my response is late or not it must comply with the law, which it does not.  Further the Motion to Dismiss does not align with the pleading. 

We are all waiting on whether he will remand the case to state court.  That should be handled first.  But we have a bigger problem.  We are coming up on a deadline where all parties have to prepare for pretrial.  It will be expensive.  

My goal is to be caught up with my federal case by Tuesday.  But timelines in criminal cases take priority.

WAS SHAKESPEARE "WOKE" 400 YEARS AGO WHEN HE WROTE THE FOLLOWING ON IMMIGRANTS?  

This is the best version on YouTube.  The Cobert version is better, but it is on Facebook.  This is a good reason why Shakespeare is so important to teach.  

It starts at 2:30.  It is like Shakespeare wrote it today.

Would a teacher at BISD be allowed to show this to demonstrate Shakespeare's brilliance. 

Back to work.

Someone sent this to me.  Start at minute 22:30. This performance is brilliant.