The Campaign For DA

3.24.2015

Random Tuesday Morning Thoughts


  • New Dallas County DA on why she fired her most trusted assistant after three months: “He’s first assistant, I’m the district attorney, and when there is tension between the two of us and conflict between the two of us, this office deserves more.” - Susan Hawk. Let me tell you, something beyond weird has to be going on in that office. 
  • A Dallas police helicopter had its windshield blown out by a bird last night? That just seems weird to me. 
  • Controversial new Cowboy Greg Hardy last night on Instagram: “I don’t Care If U Like Me, I Like Me and God knows all so I pray he Blesses America, The Cowboys and no place else #happy to have an opportunity #WorkLikeUAlwaysDo#Harder#Hardy#sackscoming#goodmorning all real Kraken fans I love u guys.”  My head is spinning. 
  • The Cowboys are doing an awful job putting a spin on his signing. Instead of pointing out he was never convicted and we really don't know the facts, they paint the signing as a chance to "rehabilitate" him. Come on. Just say, "He can rush the passer. That will make us better. That will allow us to win. When we win, we make more money." In this day and time we'd all respect that since we all know it is true. 
  • Two churches in Decatur close to the square have fantastic music which kicks off at the top of every hour. But they go off at the exact same time which causes the greatest noise pollution ever. We've got a Methodist vs. Baptist music smackdown going down. 
  • I'm still giddy about Ted Cruz running for president. How can a guy so smart (yep, he is) not know what is about to hit him? This is going to be brutal. It reminds me of Grizzly Man -- oblivious to danger.
  • I blew past Bill O'Reilly last night when he was reading email and someone criticized the Wounded Warriors Project for spending up to almost 50% of contributions for "administrative costs" when other organization take a fraction of that. O'Reilly explained the percentage was higher because the Wounded Warrior organization was "larger" so it had more marketing costs. I hit the pause button and just thought, "What? That makes no sense." (A little Googling shows that O'Reilly and that project are a little too cozy. Meaning: He and Fox News are a big part of the marketing costs.)
  • Did I see where Cruz got a whole hour on Hannity last night? Fair and Balanced? How much would that cost if it were an infomercial which it basically is.
  • Mrs. LL's mom saw me jogging yesterday, stopped and handed me a birthday card for Mrs. LL, and then I jogged the rest of the way holding it. (It was a short distance but I kind of felt like a super UPS guy.) 
  • From the Update: "The Decatur City Council yesterday agreed to move forward with phase 2 of the initial period study for the expansion of the Decatur Civic Center which includes a Fairfield Inn and Suites which would be built next to the facility." Does this involve taxpayer funds? And does any small town have more hotels than Decatur? 
  • "A 12-year-old boy was taken arrested at school on Friday on manslaughter charges. The juvenile suspect admitted to police that he had been playing with the gun at his friend's house. He said he thought it was unloaded when he pulled the trigger. 'We truly believe, that this 12-year-old believed this gun wasn't loaded at the time he pulled the trigger,' said Joe Harn of Garland police."  Whatever lawyer defends that kid has the easiest job in the world. That's the second time in a week that cops have charged someone and called the event an accident. Edit: For those questioning this, you might want to study the word reckless as it is defined in the Texas Penal Code. How can he be actually "aware of but consciously disregard" a risk when he "truly believe[d]" there was no risk?  He wasn't charged with criminally negligent homicide. And aside from any legal defense, you want to prosecute that kid after that cop's statement? Edit 2: Buddy, when the legislature defines a term, it no longer matters what you were predisposed to believe what that term means. That link above was to an opinion explaining everything you need to know between the difference between criminal recklessness and criminal negligence. I'm not being critical. Most criminal defense lawyers and practitioners have no idea about the difference. Edit 3: Let's do it this way. I put a bullet in a revolver, spin the chamber like in Russian Roulette, and fire at my buddy because I'm a moron. I don't intend for him to die (murder). I don't know he is going to die (also murder). But I'm actually aware of that risk of death and I consciously disregard it (manslaughter). But in the news story the cop said the kid didn't believe the gun was loaded. That is, he did not have actual awareness there was a risk. He maybe ought to have known of the risk (now were getting into the area of criminal negligence), but it's not manslaughter. 

61 comments:

Anonymous said...

Don't underestimate his Hispanic last name. Just like Obama received every African-American vote, a huge number of uneducated voters will see that last name and check the box.

Anonymous said...

So Skippy, are you saying Cruz is a smart nutcase?

Katy Anders said...

I'm not sure about the "smart" thing with Cruz. I know that all of his (liberal) professors are running around saying he was the best student they ever had. I know that solicitors general go to him when they're prepping to argue in front of the Supremes.

But his record in the senate has been abysmal. It's all blown up in his face spectacularly and he's alienated his own party Senators...

I think he might believe his own hype. Which happens a lot in show business.

He might have book smarts. But I haven't seen any evidence lately that he can apply it to the real world.

Anonymous said...

Anyone else NOT surprised as to the winning "estimate" for the bleachers at DISD stadium? smh
Cronyism is alive and well at Decatur ISD!!

Anonymous said...

Bird strike. F=d(mv)/dt.

Anonymous said...

Did I see where Cruz got a whole hour on Hannity last night? Fair and Balanced?

Oh, that is right. You are a liberal, so the definition of fair and balanced to you is NO conservative conversation on TV or radio ever.

It's not enough that every commercial, radio station, tv station, internet news (with the exception of a few) spew out liberal commie crap all day long.

Anonymous said...

Katy, alienating his own party Senators is exactly what is called for right now. Also he shut down the government all by himself, so he must be doing something right. I haven't seen a politician yet that doesn't believe their own hype.

Anonymous said...

There are no accidents when it comes to firearms. I agree the kid is not responsible. The responsible party are the parents, who have clearly not educated him enough about guns but yet gave him access to one.
The magazine may have been dropped, but there's still one bullet in the chamber.

SpanishWarDonkey said...

8:56

I'm mildly surprised there is another reader on here that knows this equation. Tip of the hat to you.

Anonymous said...

Cruz is a megalomaniac. Beware.

Anonymous said...

It's a sad day when someone runs for office, especially President, and everyone thinks the decision to run should only be about whether or not you can win. Popularity should not be the measuring stick. Whether you agree with Cruz or not, you should admire that he has firm beliefs and will run on those beliefs and not what the GOP establishment thinks he should believe.

Anonymous said...

So now, SpanishWarDonkey believes they should be LL Math Wizard. Think highly of self much?

DF 1+2=X Guy

Anonymous said...

Ted Cruz is not a natural born citizen. Both his parents were not citizens and his birth was not within the jurisdiction of the U.S (it was in Canada). I hope that this goes to the Supreme Court and they read the same book that defined Natural Born Citizen and that was in the libraries of most of the framers of the Constitution. The Constitution is not amended by changing the definition of words, as they were understood at the time the original document was written.

wordkyle said...

Re Fox News, "fair and balanced" - You can bet your eye teeth that if Hillary Clinton is a candidate, Hannity would be happy to offer her an hour on his show. Would she take it? Not under the usual conditions. Why should she put herself in the position of having to answer tough questions?

Katy Anders said...

9:00: I think that would be true if it won him something. The shut-down certainly didn't.

His stunt late last year - where he prevented the Senate from adjourning for a few days - actually got several of Obama's nominees confirmed who wouldn't have otherwise been confirmed. His fellow GOP Senators were shrugging at the cameras and saying, "I don't know what he's trying to do."

Alienating the old boys of your party is fine if you act like a "maverick" and win. But when you try to shake things up and it blows up in your face, that actually reaffirms and solidifies the old boys' club.

We'll see how he does. He might be a betetr Presidential candidate than he is a Senator.

Anonymous said...

Hey folks, math went wrong along time ago when they starting mixing numbers and letters...I'm just saying!!!

DF E.O. Wilson

Anonymous said...

BIRD LIVES MATTER!!!!!

Anonymous said...

@9:01. Thanks although technically since the mass of the bird is not changing the equation would reduce to the LL friendly version F=ma.

wordkyle said...

912 - If one is a citizen at birth, does that not make one a "natural-born" citizen?

Katy Anders said...

Constitutionally, "natural born citizen" is one of those rare weird instances where the reading of the Constitution really does depend on legislation. Congress gets to define what "natural born citizen" means, and in light of the fact that Cruz's mom was a citizen at the time of his birth, he is a natural born citizen for purposes of qualifiying for President.

It seems to me that people who don't want him as President would be better served focusing on other things.

Anonymous said...

I must have missed where the police called the manslaughter an accident. Believing the gun isn't loaded doesn't make the incident an accident. The kid pointed the gun and pulled the trigger, recklessly causing the death of another. It's the definition of manslaughter - otherwise they would have charged him with murder.

Triple Fake... said...

Obama is a megalomaniac. You were warned.

Grizzly Man was a film about a man so demented he believed he could live with, and survive among, bears in the wild. Grizzly bears! And he was literally eaten alive because of it. That, sir, is the true definition of being oblivious to danger. Weak analogy.
Ted Cruz is fully aware of what awaits him. Anybody who has been on the national political scene, even for a short time as he has, knows what is involved in a presidential campaign. You assume he has no idea because it seemingly doesn't faze him. Saying he has no idea or is oblivious to what will happen only contributes to the smear tactics used by the media.
What's wrong with just saying: "I disagree with him on these issues, and here is why I believe he is wrong about them."

Anonymous said...

Great Girl today!!! You install that spotlight???

Triple Fake... said...

BOOM!
Wise County's answer to Atticus Finch just got schooled by the poster at 10:05

Anonymous said...

@10:06 What's wrong with just saying: "I disagree with him on these issues, and here is why I believe he is wrong about them."

Because that kind of response would require some kind of discussion of why they disagree with him on the issues. A liberal would rather discredit someone on innuendo as opposed to an actual debate of the issues.

Anonymous said...

Kudos for you RTGs these past few days. Very high quality, IMHO.

Anonymous said...

You install that spotlight???

...you could even say it glows.

DF Rudy Reign-Dierre

Anonymous said...

I guess the mention of Cruz got WK to crawl out from under his rock these last couple of days. Can we stop talking about him so he'll go back?

Wurdkyle said...

You can also bet your eye teeth that Americans will never elect a climate change denier... uh... I mean Climate Change Dummy... sorry... president.

And for those of you that aren't well versed in phrases that only a total douchebag would use, here's the definition of eyetooth:

give one's eyeteeth, to give something one considers very precious, usually in exchange for an object or situation one desires:
She would give her eyeteeth for that job.

Anonymous said...

The speed and fervor with which liberals are discounting Ted Cruz is telling. It clearly serves two purposes. First off, from the media standpoint it is purely propaganda, planting the seed that he cannot win counting on the second purpose of the psychological payoff when he does not. They are that badly in need of this reaffirmation of their own values and beliefs; that is how much Obama has eroded the liberal brand.

If Cruz was the spare that they claim he is, why waste the ink. There were 4 different stories today on CNN alone about Cruz, 4 more on HuffPo, 2 on Slate, and 2 on MSNBC ..telling in itself since they only put 10 things on their main page. Not to mention the bevy of other sites and blogs who were red hot to bash Cruz yesterday and today. II think the liberal backlash shows a streak of fear as well. Obama hid his ideological extremes until he got elected, and then got reelected after showing his true far left self. Cruz is so similar to Obama in many ways I think down deep they have an irrational fear of him. I myself don’t support Cruz but he is intriguing.

Anonymous said...

I would give my eyeteeth for both Word and Wurd to embrace their sexuality and announce their life partnership!

Anonymous said...

Did I see where Cruz got a whole hour on Hannity last night? Fair and Balanced? How much would that cost if it were an infomercial which it basically is.

Fair and balanced went away when Reagan did away with the fairness doctrine by executive order opening the door for the Rush Limbaugh crowds to say whatever propaganda they choose.

Anonymous said...

Obama is a naturally born N from Kenya.

Nobody seemed to care about that.

Anonymous said...

Talk about head spinning, the anointed queen H. Clinton makes mine spin when she comes out with that smirk on her face, dressed in a 70's pants suit, and then opens her lying mouth. America, wake up to this she-devil!

Anonymous said...

8:54 that is just a small part of this F'ed up DISD school board. If you are feed up with the bunch vote no to all bond packages is all we can do until next election

VOTE NO TO ALL BOND PACKAGES..

Anonymous said...

Just like the ag barn that went 9 months over schedule. I guess thats ok lets hire him again

Anonymous said...

Katy, I will need to review what I think I know but I believe Congress can set the standards for citizenship but that has nothing to do with the class of citizen called a "Natural Born Citizen". My mother never became a citizen but her siblings became naturalized citizens, not natural born citizens. Citizenship is not the only prerequisite required to become president. They must be natural born, that is must be born of parents (plural) both who are citizens (naturalized or natural born). Natural born has the further requirement that the child be born in American or beyond the U.S. in territory under the jurisdiction of the U.S. I believe that to include, on the seas on American ships.

Two good references are Vattel's "Laws of Nations" and Minor vs Happersett, the 1875 case heard before the Supreme Court. "Laws of Nations' was the book to read and found in the libraries of our founding fathers.

Anonymous said...

"We've got a Methodist vs. Baptist music smackdown going down."

Just imagine if there was an Adhan, the Muslim call to prayer. They would be lined up around the corner to complain about the noise.

Anonymous said...

You, counselor, don't understand "reckless". I'm not a high-powered lawyer or anything, but lemme break it down for ya:

If I run you over with my car because I'm digging in the floorboard for the remainder of my burrito that just ran down my chest, I don't believe I'll run you over. Yet I disregarded the risk it could happen. I am reckless.

If I point a gun at you thinking it is not loaded, I don't think I'll shoot you, but there is a risk I might if I pull the trigger. When I actually do pull the trigger on the gun an put a small hole right between your eyes, that risk becomes unreasonable. Again, I am reckless.

Had I thought I was going to kill you and went for the burrito anyway(or pulled the trigger anyway), I am then acting knowingly or possibly intentionally, which is murder.

Short and simple: If the kid didn't think the gun was loaded it doesn't negate the culpable mental state, it lessens it.

Let me know if I can offer further remediation.

Katy Anders said...

12:16: Have a look, but I am pretty sure I'm right about this. Congress defines what constitutes citizenship, including "natural born."

Well, except when the President is making up his own rules, I mean.

In 2008, when Senator McCain was running for President, Congress passed something to ensure that he was deemed "natural born," and there was a lot of discussion of their role in definning it then.

Anonymous said...

It's not enough that every commercial, radio station, tv station, internet news (with the exception of a few) spew out liberal commie crap all day long.-8:58

Wow, which do you keep your bunker stocked in, Lipton's or Luzianne?

Anonymous said...

I would give my eyeteeth for both Word and Wurd to embrace their sexuality and announce their life partnership!- 11:25

Word is still on the DL as evidenced by his responses yesterday.

Anonymous said...

Fair and balanced went away when Reagan did away with the fairness doctrine by executive order opening the door for the Rush Limbaugh crowds to say whatever propaganda they choose.-11:27

Lies! Saint Ronald would never circumvent the Congress and rule by decree. That's reserved for Obammy!

DF Revisionist Historian

Anonymous said...

It's me again, counselor. I'm 10:05 and 12:23 - your legal nemesis and teacher.

Look, I think you are confusing his belief that the gun was unloaded with his mental state. I read the link. The "risk creation" here was PULLING THE TRIGGER. The act of pointing a gun and pulling the trigger without properly checking the weapon is that "devil may care" attitude the court talked about. His belief that the gun was empty doesn't mean a thing - pulling the trigger demonstrates recklessness.

Bet I could bury you in court. Wish I had gone to law school.

Anonymous said...

11:27, Does your radio have an on and off switch or more than one channel?

Anonymous said...

Keep in mind the new Ag building, which was built by the same contractor, was constructed 10' OFF THE ORIGINAL PLAN!!!!
Now the auto shop has to roll the vehicles in on skids, they don't have enough room to back a vehicle in regularly.

Anonymous said...

@10:25, 12:23, 1:03

You are the king of know it all that helps lawyers like me make more money. I have to come clean up the messes that your do it yourself mentality creates. You didn't "school" Barry in any form or fashion. You actually left out the very key factors of the Defendant's age, experience, and intelligence. Pipe down, there's a wet cleanup on aisle 12 Cleatus.

Anonymous said...

I kinda like do-it-yourself lawyering...

DF Bob Vila, Esq.

Anonymous said...

@11:25

Fine! But you better pony up those eyeteeth!

I am a proud heterosexual, and the lovely Mrs. Wordkyle is my life partner.

There, I said it!

Feels good to finally be free.

Anonymous said...

9:02 AM

Please name me one politician in the current administration that does not suffer from megalomania.

How about the Clinton's or Al Gore or Rahm Emanuel or ... there's not enough time or space on this thread to complete the list.



Anonymous said...

Even American Coots don't like cops.

DF Hands up, don't COOT!

Anonymous said...

Can someone please tell me how in the hell officer Graham got his job back?!?!? smh

Anonymous said...

3:48

I think industrial strength knee pads were involved.

Anonymous said...

What is the Deerhunter?

Double Fake Christopher Walken

Anonymous said...

Hey 1:39

I've literally saved thousands of dollars in legal fees by avoiding smug assholes like you. Criminal or civil, my record is great - though low-volume.

As far as the boy's age, experience and intelligence, by the time he's 12 he has seen hundreds or thousands of violent acts on tv or in games. Even if you assume he has no firearms experience (a stretch), he KNOWS when you pull the trigger the gun goes BANG and someone does. The prosecutor should plead him down to manslaughter.

Be sure to take plenty of paper towels to that cleanup, junior.

Anonymous said...

https://www.facebook.com/TexasHighways?fref=nf

Anonymous said...

LOL @ 'Oliver Wendell 10:01'. You use assumptions in your arguments? You would get chewed up like a frog in a blender in open court. There's a reason they have bar exams.

Anonymous said...

Here is what Vattel wrote in "Laws of Nations", the book that was well read by the framers of the Constitution: “The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights."

Only one of Cruze's parents was a citizen. Vattel's deffinition requires both be citizens as he uses the plural. Neither was Cruz born in America so he does not fit Vattel's requirements to be a Natural Born Citizen.

The Natural Born Citizen requirement written into the Constitution was based on Vattel's and the framer's of the Constitution understanding of the words. The meaning of words may change but it requires an amendment to change the Constitution.

Katy Anders said...
This comment has been removed by the author.
Anonymous said...

@10:01
" Criminal or civil, my record is great - though low-volume. "

Low volume....that's funny.

I don't give a shit about your speeding tickets and your pro se divorce in 2004.

Now supersize my order boy!

Anonymous said...

On the two churches - It use to be pleasant to be outside and hear the Methodist bells chime the hour and the music. Now with the Baptist church doing the same, it has all become just a bunch of noise. And being closer to the Baptist church, you can hear the music in my house even with the television on. It's too loud.