THE INCUMBENT REPUBLICAN IN CA-13 HOUSE RACE IS DOWN BY 227 VOTES WITH ONLY A FEW TO COUNT

 At this time the count in 220 seats for the Republicans and 214 for the Democrats.  If this holds then there will be no change in the House from today until January 1, 2025, when the new House takes their seats.

But if Cal-13 holds, then the count will be 220 Republicans to 215 Democrats which means a net gain of one for the Democrats.

But wait, come January 1, 2025, the Republicans will only have 217 seats because Matt Gatz resigned, and 2 others are pending their resignations to become Trump Cabinet members. 

As Trump and his MAGA supporters push the agenda the people rejected at least in the House, at least one of the 3 open Republican seats could flip to the Democrats. Look people Trump's MAGA agenda did not win, Harris failed terribly, and people just could not bring themselves to vote for her. 

The people's House still runs our government.  It appears the Republicans may end up losing 9 seats to the 8 lost by the Democrats.  

The Republican House members in blue states who won by a hair are not going to submit to Trump.

In fact, I can see a really messy race for Speaker of the House.  MTG is already blaming Speaker Johnson for the failure in the House races.  It would be a stupid move by MTG, because it would insure with the help of the Democrats a moderate Republican becomes the Speaker.

THE SENATE ALREADY REBUFFED TRUMP ON MATT GATZ - THEY KNOW THEY HAVE THE UPPER HAND

Trump realizing Congress had no stomach for tariffs already pulled away from his threat.  Once the Congress realizes they are in control, Trump will become a weak appearing lame duck. 

 HOW SAVERGV AND SOCIAL MEDIA DELIVERED A FALSE NARRITIVE IN ADVANCE OF THE REAL STUDIES WHICH GAVE SPACEX THE WIN IN FEDERAL COURT

Federal Judge Olvera's opinion delivering SpaceX its victory was telling for two reasons. First was his superfluous words SpaceX would suffer an irreparable injury if the injunction issued.  Had SaveRGV presented solid evidence of irreparable injury to the environment, any injury to SpaceX would have been meaningless.  It almost sounds like he is setting SpaceX for too big to fail.

Second in someways it is like a judge telling a kid his arm is not broken even though the bone is clearly sticking out.  This is the problem with the medical liability act.  But without an expert report verifying the broken arm there would be no admissible evidence the arm is broken.

This is what happened in the SpaceX case, even though those in the know, know there is overwhelming evidence of a negative environmental impact it was not in the reports.

Something known as the bird count will happen next month.  This should establish clear evidence of an environmental impact. They already know there are a large number of dead birds after each launch.  They also know SpaceX has been good at not launching during large migratory periods.

WHAT DO THEY EXPECT TO FIND DURING THE BIRD COUNT.

Seagulls are birds of opportunity.  Many smaller birds will leave their nests unattended after a launch and seagulls will come in and eat the eggs or the young.  If the number of these birds is down, then we have a problem.  If the overall number of birds is down in a measurable way, SpaceX will have a problem.

As BYU noted with SpaceX the problems are real but may take some time to be verified.  One shaken window may not break, but over 26 launches structural damage will begin to appear. 

SaveRGV used Social Media to put out claims of what they visually saw, but not yet verified in the science.  Judge Olvera was bound by the admissible evidence, and not what people were seeing.

So maybe by March, the data will exist and SaveRGV will get a second bite of the apple. 

ON THE LAND SWAP DEAL, THE PROBEM MAY BE TEXAS PARKS AND WILDLIFE DEPARTMENT ONLY MANAGES THE LAND BUT DOES NOT OWN IT 

Remember Musk has already promised to sell off as much public land as he can.  People familiar with the deal have learned the subject land may belong to the people via the federal government, and Trump can just gift it to SpaceX. The source is good, but the claim is still under investigation. 

 TRUMP, THE EMPEROR WITH NO CLOTHES IS FIRST PUT IN HIS PLACE BY REPUBLICAN SENATORS, AND NOW THE FEMALE PRESIDENT OF MEXICO

4 Senators, and 1 Senator elect killed Matt Gaetz as US Attorney.  Now with a simple truth the female president of Mexico [has to be an extra hard sting] calls out Trump as a liar by saying she never agreed to close the border as a way to stop the tariffs.

This was telling, because we now know based on post-election polling, comments coming from the business community, and elected Republicans there is no interest in tariffs.  So, what does the Donald with no clothes do, he says Mexico has agreed to close its border so tariffs will not be needed.  He was called out lying and now looks weak.

As of this minute in the House of Representatives there will be no net change in how many Democrats and how many Republicans will be in the house.  But with the Democrat leading the only uncalled seat, there is chance the Democrats will be up by one seat and the Republicans will be down 1 seat.

ASK YOURSELF, YOU ARE ONE OF THE REPUBLICANS WHO WON BY A HAIR, ESPECIALLY IN A BLUE STATE, ARE YOU GOING TO RUBBER STAMP DONALD TRUMP?

Before taking office, Trump was forced to let go of Matt Gaetz as his AG nominee because Republican Senators said they will not be lapdogs. 

Now Republican members of the House are blaming Speaker Johnson for the clear failure of the Republicans in the House races.  The infighting has begun, and Trump knows unless he cuts to the middle, he may have lost both the Senate and House, before he takes office.  If Trump reverses himself on tariffs, he admits to already being a lame duck.

 

WHEN YOU NEGOTIATE FROM A FALSE SENSE OF AN UPPERHAND, YOU WILL LOSE. THERE IS ALWAYS A RATIONAL MIDDLE

 

VICENTE GONZALEZ HAS THE INSIGHT TO UNDERSTAND TRUMP'S NEXT FOUR YEARS - THE DEMOCRATIC PARTY WOULD DO WELL TO LISTEN TO OUR CONGRESSMAN

I know the simpletons will say Gonzalez complaining the losses by the Democrats on abortion and transgender rights, means he is not on board, but that is not what he is saying at all.

He is saying it seems all the Democrats cared about was abortion and transgender rights and therefor the working class was unimportant.  Had the real energy been on the working class, with abortion and transgender rights as secondary issues, the Democrats would have won the House.  It is also possible Donald Trump never would have won the LRGV.

FROM THE TEXAS TRIBUNE

"No. 1: Don’t tell him how to handle his business, he’s going to represent his district the way he knows is best. And No. 2: Clean up your own act.

In a recent interview with The Texas Tribune, the four-term Democratic congressman, with a penchant for going rogue, took a shiv to the Democratic playbook. He said the party’s fixation on abortion this cycle was “lazy” and out of touch with his majority-Catholic district. He urged the party to, in some cases, soften its defenses of transgender rights, even if that means voting against the Democratic base. He said Democrats had insufficiently attacked Republicans on economic issues. And he said the Democrats were plagued with “incompetence” in gauging the driving issues for voters in districts like his."

... .

"Gonzalez said his ability to see the social conservatism of his district and knowing when to break from the national party helped preserve his place in Congress.

“I told the entire caucus, don’t ever try to whip me again because I know my district better than anybody in this room,” Gonzalez said. “Having me 97% of the time is better than having my opponent 100% of the time. "

The National Democrats need to tell all House Members Vicente Gonzalez is the model they must follow.

CLICK FOR ARTICLE

Here is the thing not in the press.  It is very telling about how Trump may not be able to rule as he pleases.

California is counting the final mail ballots like snails.  They are still counting in CA-13, and CA-45.  The incumbents in both are Republicans, but with just a handful of ballots left in both the Democrat is winning.  In CA-13, the Democrat took the lead today.

If just one of these two go to the Democrats, then the House will remain unchanged.  Each side would have lost 8 seats and gained 8 seats.

Although held by Republicans these are not MAGA districts.  They are districts which respond to how they are treated by the elected official. 

There are many districts both Democrat and Republican wherein the winner won by a hair.

POLITICS IS LOCAL

The Republicans may have a lead of 4 members.  That is not enough for a MAGA majority.  The people who only won by a hair are going to be paying attention to how their constituency feels about Trump's policies.  Knowing they can be voted out in 2 years they may not be willing to go with Trump's policies

Remember 5 Republican Senators lead the battle to end Matt Gaetz's nomination as AG.  One was Rand Paul, and another is a Senator elect from Utah.  Trump learned he has no real mandate on every issue.  Without the votes from Congress, he has nothing. 

 IT IS TIME TO DEVOTE MY TIME TO THE THANKSGIVING HOLIDAY

I have plenty of work to complete, which comes first.  Plus, Thanksgiving is a big family holiday.  I may fly out Thursday morning.  I have plenty of points for a last-minute ticket.

I am being told the last surgery went fine.  But on Sunday I had to go on the painkillers.  My ear pressure is a mess.  Eating is very painful.  But I am being told it is like a house settling.  I will be fine.

 

SAENZ DECIDES NUCLEAR IS THE ONLY OPTION LEFT - IT WILL NOT BE "MAD" - IT WILL BE VERY ONE SIDED

I am certain there is now an investigation against Irma Gilman, who works for Judge Gabriela Garcia. We can prove she refused to comply with a direct order by Judge Banales. I can prove she received notice of a problem with several subpoenas and refused to respond.  In the case of Melissa Lucio, a death penalty case, the defense counsel filed a motion to recuse Judge Garcia based on the fact Irma Gilman is married to Saenz First Assistant DA Pete Gilman.

What is happening was not necessary, I chose to get involved in this case because [1] the Magistrate Judge dismissed the charges based on a lack of probable cause, and [2] there is a material eyewitness there was no crime.

Demanding Saenz dismiss a case is not an easy task. But, under the undisputed facts, there is no issue.  There is no case, so why is he pursuing it?

When Pete Gilman decided his wife can be thrown under the bus to satisfy Saenz, it became clear all complaints must go forward.  As early as Tuesday the Commission on Judicial Conduct will have a demand that Gabriela Garcia and Manual Banales be immediately stripped of their judicial credentials.  The facts are that strong.  As to Estela Chavez - Vasquez the sanction will be decided by the commission.

An immediate request is being made to suspend Louis Sorola, Albert Rodriguez, Lawrence Rabb and Korina Barraza, from the practice of law.  The evidence is that strong.

There is another complaint against Jesus "Chuy" Garcia, but I am still assessing the evidence for the proper remedy. 

I am nowhere near done. I have never begged a judge or DA to do anything.  I saw this getting way out of control and since before any charges were brought, based on Trey Martinez telling me Gilberto Hinojosa and Luis Saenz told him charges would be brought, I have warned Saenz against criminal charges. I have given Saenz every possible out possible.  He is driven to a nuclear end to this mess. 

IT IS TIME FOR NEW LEADERSHIP FROM CAMERON COUNTY TO THE STATE

We cannot wait one more day.  Change must come now.

THE CASE AGAINST JOHN SHERGOLD

I do not know John, and his name could be Javier Gomez and I would still be against him being the Cameron County Party Chair, because of who he is, and or anyone similar to him.

The Board of Judges are about to bet hit with a Civil Rico over their use of Pretrial Release to promote corruption in the assignment of lawyers in criminal defense cases.

There is no issue, it is real.  Can anyone explain to me how one person, especially in a non-murder case can have 4 court appointed attorneys.  This is according to a communication sent out by Regional Administrative Judge Missy Medary.

They are Albert Rodriguez, Louis Sorola, and husband and wife team, Lawrence Rabb, and Korina Barraza. 

Rodriguez who has failed to appear at one hearing, appears as counsel, and has never filed a Motion 6.01 to request he be released as counsel.  He is going to have a real hard time explaining this to the State Bar without throwing Gabriela Garcia under the bus.

Sorola, Rabb and Korina have worked overtime to hurt their client.  I have the court transcripts and emails to prove this.

The Board of Judges are all the District Court Judges.  They oversee pretrial release, meaning appointment of lawyers for indigent defendants.  They know about the fraud on the taxpayers of Cameron County and are party to the fraud and criminal conspiracy against John Doe.  The federal court will be asked to take control of Pretrial Release.

NOW COMES JOHN SHERGOLD

The Cameron County Democratic party cannot move forward if reform is not at the center of the discussion.

As Chair he cannot call out the corruption without hurting his law practice.  It is good he sues public entities, but this makes challenging the institutionalized corruption impossible.

WHAT CHANGE IS NEEDED

[1] Mass inclusion of the people.  We need organized events which informs the people of the up-and-coming partisan elections.  The first must be in January.  The people need to be told about every election, what the job entails, and the qualifications required to get your name on the Primary Ballot.

[2]   There must be public meetings which teach prospective candidates about how to get their name on the ballot.

[3]   Prospective candidates need help with filing the proper paperwork and how to manage and file their campaign finance reports.

[4] There has to be a course which instructs prospective candidates on how to conduct an election. They need instruction in basic ethics.  They need to know about free resources such as FB.  They need a roadmap on how to conduct a campaign.

[5] We need public meetings wherein the people can express their concerns with local politics.  If we are unwilling to conduct such meetings, then the people will not be heard.

[6] We need regular meetings to encourage precinct chairs to do their job. 

IF CHANGE IS NOT AT THE HEART OF THE NEW CAMERON COUNTY DEMOCRATIC PARTY, THEN THEY WILL LOSE IN 2026

Given these variables does anyone believe an active attorney can do these things without angering the sitting judges, and elected officials?

Further, no full-time attorney can do what needs to get done. The new chair needs to be someone who is retired, and who has no problem surrounding themselves with young people to do the leg work. and be the face of the Cameron County Democratic Party.

AND FOR THE RECORD, I HAVE ZERO INTEREST IN HAVING ANYTHING TO DO WITH THE TEXAS DEMOCRATIC PARTY - IT IS JUST TOO CORRUPT - I AM OFF TO NC

 

 

 

 

ELON MUSK'S $100 MILLION FOLLY

When you google "Not in My Back Yard," NIMBY on noise you will find many articles telling you people are not really complaining about noise issues.  

Elon Musk will be a fool if he relies on these bought and paid for pieces. There are plenty of complaints and studies to support limiting noise in residential areas. 

BRIGHAM YOUNG UNIVERSITY IN SOLID REPUBLICAN UTAH, RAISES ISSUES WITH SPACEX LAUNCHES AND STRUCTURAL DAMAGE TO HOMES AND BUSINESSES

You can read the study here - click.  No one can say Brigham Young is some left-wing university.

THE KEY TO THE STUDY

The impact noise has on one launch, is meaningless.  It is the impact on structures over time.  26 launches a year will have a major impact on structures near SpaceX, and that is where Elon Musk has his folly.

It is hard to know what he is doing because the press jumps on every roomer, and then we learn the story is not accurate.

But it is no secret because you can see it with your own eyes. Musk is building office space, restaurants, shopping, housing and now a big pool for his employees. 

Most of his employees are highly educated engineers.  They are not going to buy homes near SpaceX because they know about the potential structural issues. 

THIS IS NOT KNEW

I remember growing up in NY the uproar by the people near LaGuardia airport when expansion was announced.  They did not want the noise or traffic.

This happens in communities all over the country.

Then there is the nightmare of Boca Chica. I am at the intersection of Boca Chica and Billy Mitchell and the morning traffic is a nightmare.  Unless someone lets me in, I am not getting onto Boca Chica.

With the 4 Corners construction, you can sit at the light several times as traffic blocks getting across Boca Chica to continue heading east.

There is no solution to Boca Chica traffic.

So, is Elon Musk going to force his employees to buy into his noise ridden development, or is he going to find out he is building a ghost town?  THAT IS THE FOLLY 

FINALLY CHECK OUT MYRGV ON THE ISSUE OF WATER AT SPACEX - WHERE WAS SOFIA BENAVIDES EVER PROTECTING US FROM SPACEX?  SHE HAS ALWAYS BEEN THEIR YES MADAM

CLICK FOR MYRGV ARTICLE ON WATER USE BY SPACEX

Sofia Benavides has worked so hard to make sure SpaceX has the water it needs while we struggle to pay our water bill.  The Herald finally tells the truth.  I did not cover this before the election for fear of being accused of influencing the election.  The lack of Republican leadership pretty much insured no Republican could win, so Sofia has 4 more years without any challenge. 

 THEY ARE EVERYTHING WRONG IN JOURNALISM

Every long-term reader knows I am about process, not the result.  Now imagine someone sues you in a federal case, wherein you can respond Admit to every allegation. Once you have done that all that is left is damages.  

Where is the incentive to Admit to the claims if the Plaintiff can still force you into a deposition?  

If you read the article in the Texas Tribune concerning the Texas Supreme Court stopping the deposition of Ken Paxton, you would never know the argument for Ken Paxton was, since he admitted to everything there was nothing to ask him about.

Now, a side not, if the Plaintiffs could show specific questions which may go to malice which could impact damages there may be an issue.  But that was not the case.

Now the Tribune tells you Paxton settled the case, and the plaintiffs agreed to the settlement, but the Legislature refused to finance the settlement. 

Tribune

When you read the article, the tone is the Republican Texas Supreme Court ran cover for Paxton. No, that did not happen.  Paxton admitted to all the allegations thereby negating any reason for a deposition. Paxton's admissions mean the Plaintiffs win. 

The trial court in my opinion acted with malice and in total disregard for the law. We all know I do not favor disregard for the law.

When I look at this, I do not consider I do not like Paxton or the Texas Supreme Court. 

When a man walks into court and says, "I admit to everything", you do not harass him with a deposition. This was a clear abuse by the trial court.

Supreme Court Opinion

 THIS IS WHERE I LEARNED WHAT IT MEANS TO BE NICARGUAN AND A LATINO

I think I was maybe 15.  My grandmother would send me to buy fresh tortillas 3x a day.  Over time I was able to watch her roast the corn and grind it up for masa.  This is the day I learned about aloe vera.  She tried to teach me how to flip the tortilla with my hand. As I flipped my first my fingers touched the clay comal.  They burned.  I still waited for the order and when I showed my grandmother, she had the maid cut some aloe vera and she put it on my fingers.

The next day was the big day.  I learned how to make the tortilla puff.  When you see it is done you wet your palm and put it ever so lightly on the tortilla.  It puffs.  Then you can stuff it with gallo pinto.  It is refried rice and beans.  Or you can stuff it with cheese.

For Christmas I am buying myself a full Blackstone.  Prepping the tortillas is easy.  I do it by hand. Una tortillita para su mama, una tortillita para su ma ma. But it is a challenge only cooking 3 at a time on the stove, while people are grabbing them hot.  I think I will be able to prepare 12 at a time on the Blackstone.

You are not Nicaraguan because of a name, nor are you a Latino because of a name.  You are both by having lived it. 

If you haven't run out the door with your mother behind you with a slipper, I do not think you can understand. 

There was always rice and beans on the stove.  When asked how she did it, the answer was simple.  When you run out, you make more so there was always plenty for anyone who showed up.

Sorting the beans was something you learned early.  The little red Nicaraguan bean always came with small bugs and dirt.  Sitting at the table learning to sort them is what makes you who you are. With one hand you pushed the bean into a bowl, and with the other, you killed a bug or 2.

ONE LAST THING

I view my father's family as a New England family.  He actually tough us to distance ourselves from the English heritage because his family fled the religious persecution.  They arrived in the mid 1600's.  The local indigenous tribe taught them how to make small Johnny Cakes. We still eat them.

I love the fact from Central America we have the corn tortilla and NE the corn Johnny Cake.  

And for the record, a distant cousin, Elijah Wightman was one of the 300 who came with Stephen F. Austin.  His father Benjamin is the only known Revolutionary War veteran buried in Texas. He is buried in Matagorda. I say known, because he is recorded as part of the original settlement.  I am sure there are many more who were not recorded by name. 

 BALLOON SINOPLASTY AND DEVIATED SEPTUM SURGERY WENT WELL 

Just under 2 months ago another ENT surgeon in Harlingen failed at the surgery.  I am not against PAs.  When properly trained and used they provide an important service.

A good example, with my brain surgeon and spinal surgeon, during the annual checkup I see a nurse practitioner with one and a PA with the other.  But on year 4, I have to see the actual surgeon during the annual visit.

The Harlingen ENT doctor requires you see his PA twice before you can see him.  I am there with a massive infection, and nothing is getting done.

I have done enough research to know I had zero chance of being healed unless the surgery included the deviated septum.  When the PA told me I did not have a deviated septum, I should have left and asked the VA for a new surgeon.

After the surgery she told me the surgery failed because of the deviated septum. 

I got into it with the VA doctor because he wanted to try a 4th antibiotic.  That is dangerous so I forced a new CT scan.

Yep, there it was a massive infection.  I was then assigned the ENT surgeon in McAllen.

On Tuesday I saw the actual ENT surgeon. He looked at his CT scan and said the surgery failed because nothing was done to fix the deviated septum.  Two days later I was scheduled for the two surgeries, and all went well.

Also, the McAllen surgeon uses anesthesia.  The Harlingen ENT doctor used numbing medicine.  It does not work.  The pain was horrible.

These procedures can now be done in a surgical room at the doctor's office.  This saves the cost of the hospital.  

Everything went well.  I think my body is recovering.  Some mild discomfort yesterday, but nothing today.  I will not use the Tylenol 3.  

No idea why, but I could not sleep last night.  I took my sleep medicine and fell asleep for three hours.  I have been up since then.

I will try and sleep today, to allow the recovery to continue.  But all is well.

The negative is, there are rules to follow.  I know people and they will not comply.  It is hard not to blow your nose, or sniffle. 

 

 

BOBBY PULIDO TO DO LAST TOUR THEN RUN FOR OFFICE - GOVERNOR 2026?

I have confirmed he is a Democrat.  Will the Valley finally vote if one of their own is on the ballot for Governor.

He graduated St. Mary's in Poli Sci.  He says he stays current in politics.  He is active with the Latino Democrats in Washington. 

Other than governor, what office would he seek.  City Commissioner? Nope

THE FIRST STEP IS TO WIN, THE SECOND STEP IS TO GOVERN

 You do not come to the BV2 to be told what you already believe, you come to learn how things really work.

With people melting down, I explained Trump's win does not mean real power.  The House of Representatives each have to worry about 2 years down the road, The Republican controlled Senate is too slim to chance rubberstamping Trump.

As I predicted, the Senate Republicans refused to rubberstamp Trump's pick for AG, Matt Gaetz.  It cost them a House seat because Gaetz resigned from the House to avoid release of an ethics report. 

It is not over, a demand for release of the Ethics report continues.  

I think Trump knew Gaetz has no chance of being confirmed.  So why go through the dog and pony show?

Trump and others do not want the Ethics report released.

NOW HIS PICK FOR SECRETARY OF EDUCATION IN UNDER ATTACK

Apparently, she lied about having a decree in Education.  And now she is being sued related to her role with the WWE and sexual abuse involving children.  Some of the alleged victims have now sued Linda McMahon.  So, if credible evidence comes out the allegations are real, will Trump lose a second time?   A second loss for Trump will mean the Senate and House are really running the show. 

AND TRUMPS SEXUAL BATTERY CASE? 

Yes, he was found liable.  Do we begin to see a pattern?

OH, AND HOW ABOUT HIS NOMINEE FOR SECRETARY OF DEFENSE

While he is denying the claims of sexual assault, and no wrongdoing was found, just how many nominees need to be vetted on sexual misconduct before the Republicans tell Trump, enough is enough? 

 

IS JUDGE CHUY GARCIA CLEARLY A CON ARTIST HELPING JUDGE GABRIELA GARCIA TO OBSTRUCT A CRIMINAL CASE, OR A VICTIM OF JUDGE GABRIELA GARCIA?

UPDATE:  I have done some additional research, and we have a crime.  Regional Administrative Judge Missy Medary through a proper motion will be asked to stay all further proceedings and to refer the matter to the criminal section of the Texas Attorney General Ken Paxton's office.  The way the rules work the referral must come from Judge Medary.  Saenz is clearly conflicted out.  There are many examples of wrongdoing in this case and another involving Irma Guzman.  

There is also federal criminal conduct.  There was no reason for the case to go this far.   Remember the Magistrate Judge dismissed the original charges on a lack of probable cause, and there is an eyewitness no crime ever happened.

I off to bed, because I have an early morning to get to McAllen for surgery.  

This is so, so sad.  When the time comes, I will be able to prove I gave Saenz so many chances to get out of this mess.  This did not have to happen.

ORIGINAL POST

Demand on Regional Administrative Judge Missy Medary has already been made to investigate.  The problems with Gabby Garcia's staff and in particular Irma Guzman have been endless.  Irma is playing a dangerous game of "not my job, you told the wrong person."  It is one thing to play the game with a party, but another to refuse a court order by Judge Banales. 

Chuy Garcia is a JP.  He cannot act as a visiting judge in district court.  So why does the online docket sheet show he has been assigned to hear a recusal motion? 

This is what has been posted to the online docket.

Judicial Officer
Garcia, Jesus T. Chuy Jr.  Comment

Order of Assignment on Motion to Recuse or Disqualify

When you click on the order it shows an envelope.  I have the order of

 appointment. I know who the real judge is.  Now Chuy is a key target

 in the sister civil suit which the court of appeals just agreed to consider

 if John Doe's ADA's rights have been violated.

His choice is to consider facing a larger complaint or come on this page 

and deny any knowledge of what happened and clearly call for an investigation 

of Judge Garcia and her staff.  If his judicial name was used to cause problems

 in a criminal case he has a duty to denounce it and demand an investigation. 

 THURSDAY, SECOND BALLOON SINUPLASTY IN TWO MONTHS

I should have walked out of the first ENT's office when his PA told me I did not have a deviated septum.  Unskilled surgeons do not like repairing a deviated septum, especially when they have been done before. 

After the surgery she told me it failed because of my deviated septum.  She lied at the first meeting, and I knew it.  I just wanted to end the infection.

So now the VA gets me in real fast to an ENT surgeon in McAllen.  I did not have to see his PA.  He looked at the CT scan and said the first surgery failed because the surgeon did not repair the deviated septum.  Imagine putting in new air ducts in your AC, but then leaving the airflow blocked.  Without airflow the sinus cannot drain.

So, in the morning in a day surgery my septum will be repaired again, and then a second Balloon Sinuplasty in two months 

 CA-45 NOW HAS DEMOCRAT LEADING BY 397 VOTES

At the current rate of counting, we are looking at 13 more days, not including Sunday to complete the count. 

UPDATE ON ELON MUSK - NEVER IN THE TRENCHES SO CLUELESS

He has indicated a desire to get rid of the Department of Interior.  he wants to sell all public lands which do not have a federal building on it.

Here is the problem.  Both Alaska Republican Senators will say hell no.

Then he will have to deal with the Republican Senators in Idaho, Montana, Wyoming, North and South Dakota.  The residents in all of the latter states are already complaining too many people are moving into the state.  They do not want private groups developing their land. 

 

IF YOU CANNOT CHANGE YOUR PERSPECTIVE, YOU CANNOT EVOLVE 

Look, I do not like Trump, but he is correct that our government, judiciary, and press need a good kick in the butt. 

Monetary policy change came about big time when Nixon took us off the gold standard.  The top economists proclaimed disaster, and it was not.

I fully support printing as much money as we need so long as it is controlled, and the government can no longer borrow money.  If properly managed the dollar will stabilize. 

The strength of our dollar is based on the economy which in large measure is based on the people.  We need to better control spending, but as to waste.  Somethings we actually need to spend more on, at least in the short term. 

My mother worked for EOC shortly after it became law under Johnson.  Ronald Reagan ended the agency.  Today in some places in the US it operates as independent nonprofits with the same mission.  That mission is similar to what I do pro bono every day.  I help people navigate the legal system and social services.  Otherwise, these people would lose everything. 

Now I know many of you think social services are a waste of money.  It is not.  But how we address it is very inefficient.  I am willing to bet half if not more of the people I help would leave SSI disability if they had real options.  But it is scary.  You need healthcare to ensure your disability does not force you from work.

If these people can slowly be taken off of Medicaid, until they can get back on their feet, more people would opt out of SSI disability. I will get to it on another day, but Medicaid no longer pays 100%, which means more and more people are going into collections.  Thank you, Texas. 

Social workers such as they had at EOC can help people with disabilities to reenter the workforce and earn at least as much as they do on SSI and more.

I know a young lady who did time on a drug charge.  While in jail she learned logistics. She finally has her first apartment based on her wages and her children back.   She is on no public assistance except her children were put on Medicaid.  She would much rather pay Medicaid to keep her children insured than face not being able to buy insurance through her employer.

This is what EOC did for people. My mother hated generational public assistance.  She is the one who taught me it was a form of slavery.  But you see she worked hard to get people out of the system, while helping them to navigate the system,

We can save a lot of money with a reinvented EOC, even if it is just a local nonprofit. 

I cannot imagine ever embracing Trump, but I can imagine some change which in the end will make us better and stronger.

 OPPOSITIONAL DEFINANCE DISORDER IS THE NEW NORM IN REAL POLITIC

If you look to the judiciary, you will learn you cannot budge them even if you reverse them on appeal.  They will go right back to the same bad behavior.  Why?  Oppositional Defiance Disorder.  

Over 20 years ago, a federal judge nominee had no problem telling people the second she took the bench she would tell her clerks the result she wanted in any given case and then have them draft the order.  She was so open about this; she was never confirmed.

There are many good Republican and Democrat federal judges. Some from both groups not so good.  I was wrong about federal Judge Pittman.  He is not afraid to do the right thing.

Locally Judge Olvera wrote the original order which changed how TRO's are handled.  Naturally the court of appeals reversed him and then the Texas Supreme Court vindicated him.

It was not a radical ruling.  He simply said the evidence used in a TRO affidavit must be admissible the same as in any dispositive motion.  No hearsay, no conclusory statements.  Just the facts from personal knowledge or authenticated documents. How simple.  And I can tell you the judges of Cameron County still refuse to follow the law.  TROs are illegally granted on hearsay more than you can imagine.

I can think of any number of politicos who suffer from ODD.  Trump, Musk, Clinton (both). 

Think about this and see what you learn about the people who will lead us. 

If Musk really believed in making justice equal, he would create the foundation to end the judicial corruption in Texas.  The problem is, Elon Musk is clueless about the plight of the poor in the legal system, so how can he help?

He can accept his limitations as to knowledge of the problem and assign an advisor who will bring him the facts so he can tackle them with Trump's new DOJ

 CA-45 HOUSE SEAT REMAINS WITH THE DEMOCRAT BY A HAIR

The Democrat is now up by 314 votes.  With each day his margin improves.  But the fact of the matter is most of the 29,000 uncounted votes are in Orange County which leans Republicans.

 

ON THE 17TH THE ELECTORAL COLLEGE CONFIRMED DONALD TRUMP THE WINNER

Did you miss it in the news? There was no dog and pony show associated with the meeting, so the news media ignored it. 

 IT HAS BEEN CONFIRMED PRESIDENT ELECT DONALD TRUMP WILL BE AT STAR BASE FOR TUESDAY'S 4 P.M. LAUNCH

With any luck Elon Musk will invite some local politicos so they can tell Trump the people of Cameron County voted for him.

Look no matter what I think about the loss of Boca Chica Beach, with a $100 million dollar investment in Star Base, it is not going away short of a catastrophic disaster.

I do not doubt the impact each launch has on wildlife; the Democrats did not care when they used our tax dollars to build the special road from the port to Star Base.  That certainly had an impact on wildlife. 

If people would just embrace Elon Musk, maybe we can find another form of access to Boca Chica Beach.  He is not going away, so we need to compromise. 

 5TH CIRCUIT COURT OF APPEALS ORDERS TEXAS TO OPEN COURTS TO THE PUBLIC, EVEN MAGISTRATE COURTS 

The criminal process begins normally before a Magistrate Judge at Carrizales when bail is set.

Texas defended the policy of these proceedings be kept from the press.  Texas lost.  I have a case against Estela Chavez-Vasquez on this issue. It was just a regular court hearing.  They do not want to be watched.  I was ordered out of the courtroom, along with everyone else who was not a defendant or counsel.

The Court of Appeals agreed she violated my rights but then refused to remedy the problem. Well now the 5th Cir. has remedied the problem.

For me it is telling the mostly Republican conservative federal court of appeals restored court access, while the Democrats of Cameron County tried to restrict it.

Remember I had the same problem with Judge McDonald.  They do not care.

THE PROBLEM WITH FAILURE TO APPEAR

It is automatic if a criminal defendant fails to appear at a hearing, the bond is pulled, and the defendant is ordered held without bail.  Their attorney stands there and does nothing.  Cameron County attorneys know nothing about Due Process.

The constitution compels the ADA to produce evidence the defendant was ordered to appear.  I have been involved in several cases wherein the criminal defendant was never ordered to appear and then held without bond.  The ADA is not required by Cameron County judges to produce evidence before the defendant is ordered arrested and detained without bail.

In the case of John Doe who I am helping, he appeared twice although never told to appear by Louis Sorola or Judge Gabby Garcia.  You see it is a con.  If they cannot get you to take a plea, they have you arrested for failure to appear.  The goal is while sitting in jail for months, you will just plead.

In the John Doe case he appeared both times, but with a filed objection for want of notice.  Both times. Judge Gabby Garcia refused to consider the issue. 

This is an issue in the federal lawsuit which Saenz has demanded be filed before the law will govern how his office works. 

 

MYRGV HITS ROCK BOTTOM BY CLAIMING GILBERTO HINOJOSA ALLOWED OUR CONVICTED SHERIFF TO REMAIN IN OFFICE, WAS EVIDENCE OF LOYALTY.  TO WHOM? THE CORRUPT DEMOCRATS

"Hinojosa’s devotion to his party can’t be questioned. He has long been an active member, and as a member of the 13th Court of appeals he wrote the ruling that allowed former Hidalgo County Sheriff Brigido Marmolejo to stay in office after his conviction on federal bribery, money laundering and racketeering charges."

Click for full editorial

 TRUMP MAY BE FACING AN IMPOSSIBLE CONGRESS

UPDATE:

In CA-45 the Democrat now leads by 36 votes.  They only counted about 100 ballots today with 33,000 remaining.

There is no way of knowing if this will hold, but if it does, the Democrats will have a net gain of 1, while the Republicans will have a net loss of 1.

Projections are the House of Representatives will remain unchanged.  Currently the Republicans hold 218 seats won to the Democrats 212.  The remaining races show the Republicans will have 220 and the Democrats 214.  There is one uncalled race which is has a difference of 68 votes favoring the Republican.  With each update, the Democrat gets closer to a win.  

If the Democrat wins it will mean the Democrats unseated 8 Republicans to the Republicans unseating only 7 Democrats. 

This kind of final results puts way too many House Members on notice, one wrong vote and they can be tossed from office in 2 years.  This is going to be interesting to watch.

TRUMP'S CABINET NOMINEES ARE FACING AN UPHILL BATTLE IN SENATE

Fox News is reporting 6 Republican Senators who may make Trump's job more difficult.  There is strong support for a full vetting all of Trump nominees. There is no mood for Recess Appointments

See Fox News

JESUS "CHUY" GARCIA'S RUN FOR DISTRICT COURT MAY BE ABOUT TO COME TO A CRASHING END

 Chuy Garcia is a known player for Gilberto Hinojosa.  In the civil case involving the John Doe I have been talking about, late this evening the court of appeals informed John Doe it will rule on the issue of whether Reed v. The State of Illinois gives him the right to have an advocate stand beside him to explain what is happening and speak for him in court.  

Judge Gabby Garcia and Estel Chavez-Vasquez have refused to follow the law on the issue in violation of the ADA.  The ruling could impact the criminal cases.

Also, the court of appeals notified the parties it will consider John Doe's Motion for Sanctions because the case from day one had no merit, well unless Judge Chuy Garcia is the judge.

There is no record the case was transferred to him in accordance with the law.  Chuy Garcia did not care.   There is no record under HUD regulations a basis for eviction was even alleged.  Chuy Garcia did not care.

The law is so black and white.  Once John Doe moved out the nonexistent eviction required the case be dismissed as moot. Chuy Garcia did not care and refused to dismiss the case as moot and then barred John Doe from suing Come Dream Come Build as the owners of Casita Lantana.

Now I could be wrong in my conclusions.  Maybe these orders were issued to create a record they were considered.

But given how strong the HUD issues are, the court of appeals would be hanging themselves, especially since nearly the entire court of appeals was removed effective January 1, 2025.  

This is my only post for Friday.  I have a busy morning.  Also, my breathing, pulse and BP are off.  I have a massive sinus infection.  Surgery and three different antibiotics failed to fix the problem.  The infection is now affecting my left eye and could have spread to the lungs.  I see a new ENT surgeon on Tuesday.  A new CT scan clearly shows the infection remains.

 

COURT OF APPEALS REVERSES JUDGE LAURA BETANCOURT ON THE SIMPLEST QUESTION OF LAW

This will be a new feature so people can better know the judges.  Not all reversals will be noted, only those which show a clear misunderstanding of the law.  Many times, while an appeal may have merit, the law can possibly go both ways.  That is not the kind of case wherein you call out the judge.

Texas has a medical liability act law which forces the plaintiff to hire an expert to explain in an affidavit the negligence and breach of the standard of care.  I basically oppose this law because it does not first allow the plaintiff to state a primary facie cause of action which is then challenged by the defendant which would then trigger counter affidavits.  

For example, if the plaintiff alleges, he went in to have his appendix removed, but the doctor removed his foot instead, do you really need another doctor to say that is medical malpractice?  No, but the law says yes. This is why I do not like the medical liability law.  And for the record, the appendix foot case is real.

BUT IN THIS CASE, BASED ON THE COURT OF APPEALS OPINION

The plaintiff simply said he walked into the rehab facility and fell and cracked a rib.  He does not claim an obstacle.  He does not claim anything on the floor.  He was a stroke victim, and chose to enter the facility without help, but then blamed the facility for falling.

Even without the medial liability act requirement of an affidavit to show negligence, there was no case.

But judge Betancourt bought the argument no affidavit was required because it was a fall case, not a slip and fall case.  

This is the type of case why those who want tort reform win the argument.  There was no case, but Judge Betancourt forced the insurance company to continue to pay for the defense and this is the problem.

Well now the case is done, and the plaintiff has been ordered to pay attorney's fees.

Not in this case, because there was never any case, if as a plaintiff's attorney you are going to proceed without an affidavit because you cannot afford to pay an expert, you need to file a constitutional challenge to the rule.  But the case has to be right, such as removing a man's foot, instead of his appendix. 

Here is the form, and it is filed with a cover. Email it to the email provided and the Texas AG has 30 days to say if they will defend the law or allow the court to proceed without insight from the AG.