2.27.2019

Random Wednesday Morning Thoughts


  • I didn't need to start my day by seeing this on my TV from WFAA.
  • The Messenger is making changes. They are doing away with the free All-Around Wise which was published mid-week and going to two regular paid weekly papers. They are running a special for $15 a year for both weekly issues which you can subscribe to by going here (see page 14.) Online subscribing is not currently available. (This is not a paid ad, but I've stolen so much from them over the years I feel guilty.)
    (The first headline could have been worded better)
  • The kid is probably just doing a bit to get a rise out of everyone, but if the school bans anything selectively based upon certain content, I'll support her. (I've seen different reports about the school's policy. ) 
Naive Person (Left)
  • We will all be reminded today of who the character of the person who sits in the Oval Office (when he shows up for work.) 
  • And Cohen will even produce an installment check Trump wrote to him while President to reimburse him for paying off Stormy Daniels. Here's a timeline and the check:

  • This Congressman possibly broke federal law yesterday with this intimidation. He has since "apologized" and deleted it. (And it's a weird strategy to defend Trump by calling out someone's supposed sexual and marital infidelity.)
                                     
  • I mentioned I was reading a book on Texas history, and I'm at a point which coincides with the anniversary of the Alamo siege.  Even a book which tries to put Texas in its best light makes it clear that our sanitized version of  what led up to "The Alamo", as well as the defense of it, is not what most believe.
  • I don't really follow Decatur basketball that much, but they may end up in Austin for the state tournament if they keep it up. They crushed Burkburnett 79-42 in the playoffs last night. 
  • There was a murder on Twitter this morning by John McCain's daughter. (And how a guy who faked bone spurs to avoid Vietnam can send out that tweet is mind-boggling.) 
  • Dallas Cowboy (now free agent) David Irving has probably violated the NFL's drug policy again. 
    "Who me?"
  • A club in Wichita Falls is being sued for not paying licensing fees for the music they play. "The average cost to bars or restaurants is less than $2 per day for the right to play unlimited music at their establishments, according to [the Plaintiff's] news release."
  • I had a conversation yesterday with a Baylor lawyer about having to recite Rule 279 in law school. That means nothing to 99.9% of you. To the 0.1%, it is still the subject of nightmares. 
  • Messenger: Above the Fold. (Links above.)





2.26.2019

Random Tuesday Morning Thoughts



  • Dak Prescott's dog bit someone which has made the news. Oddly, within the last 24 hours both Fox 4 and WBAP have aired viewer/listener complaints of, "This wouldn't be news if it wasn't the Cowboys quarterback!" First, who gets so bent out of shape to even make that complaint? Secondly, both news organizations had an odd reply (Steve Eagar from Fox 4 and Steve Lamb from WBAP) by saying "Of course, we would!" Uh, no, you wouldn't. You might do a story about a dog mauling but not a dog bite which has to happen every single day in the metroplex.
  • I was over at the Denton County courthouse yesterday going through security when some cute county employee comes down to pick up a Jimmy John's order. It was high comedy when the Jimmy John's guy asks her to sign for the order, and the courthouse employee asks, "Does anyone have a pen?" At that moment, at least three Denton County deputies raced to produce a pen for her to use -- all holding their pen out for her choice. She then did the cute-girl-laugh.
  • Some of the Waco Biker cases are now in the hands of special prosecutors. Three more of those cases were dismissed yesterday. "The prosecutor called the way the McLennan County District Attorney's Office handled the 2015 deadly shootout a 'harebrained scheme' that was 'patently offensive' to him."  I've just always called him, "The Dumbest DA In The State."  That whole cluster will be a documentary one of these days. 
  • Well I guess, like land, "they ain't making any more of it." ("But why at gun shows?" I ask rhetorically.)
  • Overestimate is one word. 
  • It's hard to figure out where this Administration comes down on "when life begins" these days. It can't possibly be different based upon nationality or skin color, right?
  • Lady Gaga was on MTV's Boiling Point in 2005.
  • I'll never understand Robert Kraft walking into a "spa" for 14 minutes in Jupiter, FL on the morning of the AFC Championship game in Kansas City later that day. There's so much going on there. 
    Literally later that day.
  • There's another "Does Roundup cause cancer" case (it doesn't) going on in federal court in California. The Plaintiff's lawyer is in big trouble when the judge issues an order immediately after opening statements are delivered. (I've got a lawyer buddy in Abilene with the last name of Wagstaff, and I prayed it was him. It wasn't.)
  • A former Bridgeport High graduate is now a head football coach in Tyler. 
  • From the Wall Street Journal this morning. That "documents" thing got my attention. 
  • Little Rocket Man is in Vietnam to meet with Trump. Get this: He traveled 2,485 miles by train
  • BagOfNothing got a ticket for parking slightly on his own grass in his alley! He violated City Ordinance 15-134b! I can understand an HOA violation, but to have the government make the conduct illegal is amazing. I have no idea what the constitutional standard is -- perhaps the "takings clause" when the regs are so onerous that your property loses value? -- but this seems very heavy handed. I know the government regulates things like chickens in your backyard. And it can prevent you from putting up billboards on private land you own by a highway so long as the ban is not content based. It's not an area I dabble in.




2.25.2019

Random Monday Morning Thoughts



  • Mrs. LL somehow got hooked into a marathon of Dirty Jobs. I've got to admit, that guy is funny.
  • This case was in the newspaper in Mineral Wells, the Dallas Morning News, and Star-Telegram where it was implied that possibly Palo Pinto authorities released a murder suspect on a PR bond because they didn't want to pay for his surgery. Once it went national, the story wasn't quite as nuanced. 
  • A nude wedding in Wise County made it to a photo in the New York Times. (Credit: Faithful reader, Joe.)

  • The Tarrant County DA is mad that the Tarrant County Purchasing Agent wants all purchases by the DA's office to go through him. So mad that she has requested an Attorney General's opinion.
  • This Denton County DA didn't like the way a story was reported by the Record-Chronicle when a woman was sentenced to probation for theft of $345,000. (Side note: The Denton County DA's twitter account normally looks like it is controlled by a teenage girl since it is generally consumed with "getting follows" and nothing else.)

  • The interesting and/or odd murder case against the designer of the Schlitterbahn ride in Kansas was dismissed. But the dismissal was for a very odd reason: Inadmissible evidence was presented to the grand jury. (I've never heard of a dismissal based on those reasons.)
  • Bob Sturm of The Ticket said that  "most" people, meaning greater than 50%, who call themselves "Cowboy fans" could not name three defensive players on the team.  I think he's right. 
  • Last Saturday was the 25th anniversary of the announcement that Baylor, UT, Tech, and aTm were joining the Big 8 Conference. Twenty-five years ago. (aTm, Missouri, Colorado, and Nebraska would eventually bail.)
  • Trump wants to hijack the 4th of July in D.C. for a political rally. Nixon tried that as well and it did not go well.
    "Your favorite President." He's a man-child.
  • Should we call this "socialism", welfare, or just drug test farmers and complain about it?
  • The current origin of "Fake News" referred to truly fake stories on the Internet (not simply negative press based upon facts.) A perfect example is the current mass of fake reports that Kamala Harris is the aunt of Jussie Smollett. It's shocking how people believe that and promote it.
  • Trees always bloom right around March 10th. That's in a couple of weeks -- we had no winter. 
  • Spike Lee won an Oscar last night for Best Adapted Screenplay for BlacKkKlansman, and referred to the next presidential election by saying, “Let’s all be on the right side of history. Make the moral choice between love versus hate.” Trump was not happy.
  • And we all know Trump isn't a racist (despite saying there being "fine people" on "both sides" in Charlottesville.) He even proved it this weekend by tweeting a picture of the token African-Americans from Fox News.  (If you aren't familiar with the fine work of Diamond and Silk, here's a recent example.)
  • There was confusing news about two Apple stores closing in Frisco and Plano but opening one in the Galleria in Dallas. A smart person figured out why: It is based upon a Supreme Court ruling in 2017 regarding patent venue. By moving just a few miles, they will be out of the Eastern District of Texas -  a patent infringement happy jurisdiction. 
  • That's a bunch of cocaine that seized at a port of entry. I thought that stuff was just on the backs of people crossing the Rio Grande?
  • There was a kayaking death on Lake Ray Hubbard on Saturday. Being pretty much an expert kayaker myself, you would have to have been out of your mind to take one out in those winds. 

2.22.2019

It's Friday. Let's Get Out Of Here.






















Random Friday Morning Thoughts



  • We had something happen in Wise County yesterday which I've never heard of in our fair county: It looks like we had a federal drug raid the DEA. By 5:00, we had nine folks booked into and transferred out of the Wise County Jail.  Four were from Bridgeport, two from Paradise, one Rhome and, oddly, one Euless and one Springtown. 
  • I've pointed out the Proud Boys for quite some time, and noted when one of them, a lawyer, made an appearance in the Wise County courthouse in November, 2017.  Uh, we have a development on him
  • There's a shirtless Lincoln statue at a federal courthouse in Los Angles? 
  • You might remember the lawyer in Dallas who was apparently murdered via fire in his home in the Park Cities. No arrest has been made and now the Dallas police won't release reports despite an order from a district judge. They are appealing the order. Trivia #1: The district judge who signed the order is now on the appellate court which will rule on the appropriateness of the order. (He'll recuse himself.) Trivia #2: I met Ira Tobolowsky once in the 1980s at a deposition at his office and afterwards a gave him a lift to the Mansion for dinner with his wife. 
  • Lawyer gets punched by client after 47 year sentence handed down. Video.
  • Stranded at Donner Pass!!!
  • Random Trivia: Was Chester Arthur a U.S. President? True or False. (That was on Last Week Tonight, and I was completely wrong.)
  • Man, there's a lot of new coverage of the Jussie Smollett false report. It's news but not that big of news.  But I can't believe he still claims the attack is true after the last two days. It's time to fall on the proverbial sword.
  • Meanwhile, the White Nationalist who was arrested two days ago is already out of the news. 
  • Michael Cohen will testify before a Congressional hearing next week. That will be a circus of biblical proportions. "In connection with the President instructing you to pay the National Enquirer to kill the Stormy Daniels story, what did Mr. Trump say exactly transpired between he and Stormy Daniels that he wished to cover up? Please give details." "And when Mr. Trump engaged in the acts of [describing them], his third wife was pregnant with Barron, is that correct?"
  • One of the Smartest Guys in The Room is free. In 2001, he was paid $132 million. 
  • I didn't know that in Texas if you get appointed to a high ranking position (district judge and above), you sometimes have to be confirmed by the Senate. Most of the time this never happens because the appointments occur while the legislature is out of session and the appointed person wins an election before they meet again. (That's not the case of the recently appointed Texas Secretary of State who concocted the voter purge attempt and who may not get confirmed. Question: Did we ever find out how many on the "list" for Wise County were actually not citizens? Eight counties aren't even going to check.)
  • Funny: https://www.hasrogerstoneviolatedhisgagorderyet.com/
  • If I'm Zion Williamson, I'm not playing another second for Duke. The school makes millions, the coach makes millions, ESPN makes millions broadcasting college sports, and Nike makes millions. I think it's his turn without risking blowing out a knee. 
Abilene? He makes the front page in Abilene?

2.21.2019

Random Thursday Morning Thoughts



  • A Coast Guard Lieutenant, who just happens to be a White Supremacist, was arrested with a ton of weapons (unless you're in Texas where it would just be a normal stash). Law enforcement believed he was about to go on a killing spree, and he did sound a little nuts: "Much blood will have to be spilled to get whitey off the couch . . . . " But this is a heck of a way to start a Motion filed by the U.S. Attorney: 

  • Provocative cover. (But, to be honest, I don't know who "we" are which has the right to "sell" the airport. Dallas?)
  • Sheriff Joe is coming to Arlington after all! "Arpaio will speak April 8 at the Howell Family Farms event venue in an event hosted by mayoral challenger Ashton Stauffer, a promoter said Tuesday." This is Ms. Stauffer:
  • Dad: "We are obviously conservative so we have certain news stations on." Kid: "Some people are mad and call me 'Little Hitler'".  Mom: "Somehow it's gotten skewed where we are teaching our son to hate, and I don't understand where that comes from." Link.
  • Zion Williamson, the freshman from Duke who is probably the #1 pick in the draft, almost blew out his ACL last night when his Nike disintegrated. Here's a slow motion video of it. Here is President Obama in the background simultaneously saying, "His shoe broke!" 
  • There was news earlier this week that the "Trump administration launches global effort to end criminalization of homosexuality." Yesterday, the press asked Trump about it and apparently someone forgot to tell him
    "We have many reports"?
  • Houston raid-gone-wrong fallout announced yesterday:
  • This lady was arrested for filming a school fight in Louisiana and posting it online. That's a great Free Speech question right there. (Although the law does require the person also be a "principal or accessory" to the crime they filmed and posted. Side note: Don't we want stupid people posting videos of their crimes?)

  • Law school time (feel free to drop this class): Yesterday the Supreme Court held that the Excessive Fine Clause in the Bill of Rights applies to the states in civil forfeiture cases. Got Tired Head already? Here's a break down:
    • The good and practical news is that State governments now have limits on how much they can take from people. A felony carries with it a maximum fine of $10,000 and they want to seize a car worth $40,000? Good luck with that.
    • What's this "applies to the States" stuff? Don't constitutional rights apply to all of government? Nope. Each of the Bill of Rights were written with only Congress, who makes federal law, in mind. If the State of New York or the Commonwealth of Virginia wanted to make it illegal to be a Catholic, ban all guns, or shut down any paper, they could. Why? Because the Bill of Rights limits what federal laws Congress could pass. States were free to do what the wanted. Ergo, "State's Rights."
    • Really? The States could ban stuff like that? Well, they could until the Supreme Court made up something called the Incorporation Doctrine. That court made up a "law" that said, in essence, the Supreme Court could look at each and every right in the Bill of Rights and decide if it "applies" to the individual states "through the Due Process Clause" of the 14th Amendment. Confused? Feel free. Like I said, they made it up.
    • So what test is used to decide what right in the Bill of Rights applies to the states? Here you go: Is the right “fundamental to our scheme of ordered liberty,” or “deeply rooted in this Nation’s history and tradition.” Got it? Did I mention they made it up?
    • So when, say, Freedom of Speech was held to "apply" to the states, that meant the Texas legislature can't legally pass a law preventing flag burning on your own property. That's speech. And now that's protected by the First Amendment even though the First Amendment specifically says it only applies to Congress.
    • So yesterday the Court decided that the Excessive Fines Clause in the Bill of Rights keeps the states from enacting crazy forfeiture laws because that Clause is  “fundamental to our scheme of ordered liberty,” or “deeply rooted in this Nation’s history and tradition.” 
    • Hey, I'm not saying the Incorporation Doctrine is a bad thing, I am saying is that everyone needs to tap the brakes before the say "The Constitution is the greatest document ever written" because the Supreme Court has to go through mental gymnastics to keep citizens from getting screwed over by State governments.
  • This guy is the Editor-in- Chief for D Magazine. I'm telling you, I'm hearing more and more about this.
  • The Wifi must be down in the White House this morning. (There is no 6G, by the way.) And now I'm thinking about There's Something About Mary and can hear Ben Stiller say, "6G? That sounds great but what if someone invents 7G?"
  • I said from Day One this story was fishy. I'm just not sure I understand why some people so giddy that he was caught in a lie. (Well, I actually do understand it.):