Senator's letter to Secretary of State nominee seeks additional transparency measures from husband’s organization
WASHINGTON, DC Jan. 16, 2009 -— U.S. Sen. John Cornyn, R-Texas, today sent a letter to Secretary of State nominee Hillary Clinton urging that the Clinton Foundation pledge to adopt increased disclosure requirements relating to foreign donors while serving as Secretary of State. Echoing similar concerns by the Chairman and Ranking Member of the Foreign Relations Committee, Sen. Cornyn is hopeful Mrs. Clinton, the Clinton Foundation and the President-elect’s team will work with him to find common ground to prevent any real or perceived conflict of interest.
“I remain deeply troubled that America’s foreign policy and your diplomatic mission will be encumbered by the sweeping global activities of the Clinton Foundation … unless tighter foreign fundraising restrictions and transparency protocols are adopted by your husband’s organization,” Sen. Cornyn, a longtime champion of open government and transparency reforms, wrote in the letter. “Put simply, the Foundation’s refusal of foreign-source donations while you serve as Secretary of State is in this nation’s interest. But I am willing to consider other options to reduce the likelihood of real or perceived conflicts of interest that will result from foreign donations.”
--The full text of the letter is below--
January 16, 2009
The Honorable Hillary Rodham Clinton
476 Russell Senate Office Building
Washington, D.C. 20510
Dear Senator Clinton:
Congratulations on your nomination to be America’s next Secretary of State. I have followed your confirmation proceedings closely and believe that you will be an able representative of this nation’s interests as our diplomat-in-chief. At your recent hearing before the Senate Foreign Relations Committee, you demonstrated a command of the complex challenges we face abroad and a commitment to placing our national interest first.
But, like many others, I remain deeply troubled that America’s foreign policy and your diplomatic mission will be encumbered by the sweeping global activities of the Clinton Foundation (the “Foundation”)—unless tighter foreign fundraising restrictions and transparency protocols are adopted by your husband’s organization. As you know, my concern about potential conflicts of interest is shared by Senator Richard Lugar, the top-ranking Republican on the Foreign Relations Committee. But these are not partisan concerns. Senator John Kerry, who chairs that committee, noted that “it's fair to say that Senator Lugar is not speaking from a partisan perspective. He's speaking for the committee.” And it is a matter of public record that the President-elect’s team shares these concerns and that the Foundation has recently accepted additional transparency measures beyond those previously negotiated with transition officials.
Like Senator Lugar, I believe that during your tenure as Secretary of State, the Foundation should refuse all pledges and contributions from foreign sources. As Senator Lugar noted at your confirmation hearing on Tuesday, the Foundation “exists as a temptation for any foreign entity or government that believes it could curry favor through a donation” and thus arise “potential perception problems with any action taken by the Secretary of State in relation to foreign givers or their countries.”
Put simply, the Foundation’s refusal of foreign-source donations while you serve as Secretary of State is in this nation’s interest. But I am willing to consider other options to reduce the likelihood of real or perceived conflicts of interest that will result from foreign donations. Senator Lugar has proposed several commonsense disclosure requirements. I concur with many of his proposals and would indeed go further in several instances.
As a longtime champion of open government and transparency reforms, I feel compelled to urge you, the Foundation, and the President-elect to agree to stronger measures.
I look forward to working with you to resolve these concerns.
Sincerely,
JOHN CORNYN
United States Senator
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Attorney General Abbott Supports Court Ruling Allowing Prayer In Upcoming Presidential Inauguration
AUSTIN, TX Jan. 16, 2009 -– Texas Attorney General Greg Abbott today supported a Thursday ruling by U.S. District Court Judge Reggie B. Walton clearing the way for prayer at President-elect Barack Obama’s Presidential Inauguration next week and the presidential oath of office to include the phrase, “So help me God.”
“Yesterday's federal court decision marks an important victory for all Americans’ right to freely express their religious faith,” said Attorney General Abbott. “Since President George Washington first said ‘So help me God’ in 1789, American presidents have a longstanding, historic--and constitutionally established--tradition of invoking the Almighty at their inaugural ceremonies. Recognizing that right, the federal district court rejected the plaintiffs' request and cleared the way for President-elect Obama to invoke God during his historical inauguration.”
Attorney General Abbott and attorneys general representing all 50 states and the U.S. Virgin Islands filed their amicus brief in an effort to defeat a legal challenge that activist Michael Newdow and several atheist organizations filed on Dec. 30, 2008. Late Thursday, Judge Walton refused to grant the plaintiffs’ request for a preliminary injunction – an action which could have prevented President-elect Barack Obama’s oath from including the phrase, “So help me God,” and prayer during the inauguration.
The states’ action in Michael Newdow, et al. v. Hon. John Roberts, Jr. reflects Attorney General Abbott’s latest effort to lead a multi-state defense of public acknowledgments of God. In a 2003 amicus brief that was filed with the U.S. Supreme Court on behalf of all 50 states, Attorney General Abbott successfully helped thwart Newdow’s attempt to remove the words “under God” from the U.S. Pledge of Allegiance. In 2007, he defeated a separate lawsuit attempting to remove the words “under God” from the Texas Pledge of Allegiance.
Attorney General Abbott also personally appeared before the U.S. Supreme Court, where he successfully defended a Ten Commandments monument on the Texas Capitol grounds. In that case, Van Orden v. Perry, the plaintiff sought to remove a Ten Commandments from the Texas Capitol, but the U.S. Supreme Court ruled that the monument was constitutional.
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In separate cases, Billy Joe Butler and Damien Donte Porter, both of Pittsburg, pled guilty Wednesday to conspiracy to possess with the intent to distribute cocaine before United States Magistrate Judge Chad Everingham.
MARSHALL, TX, Jan. 14, 2009 -– United States Attorney Rebecca A. Gregory announced today that two Texas men have pleaded guilty to federal drug crimes in separate cases in the Eastern District of Texas.
Billy Joe Butler 44, of Pittsburg, Texas, pleaded guilty to conspiracy to possess with the intent to distribute cocaine today before United States Magistrate Judge Chad Everingham.
In a separate case, Damien Donte Porter 31, also of Pittsburg, pleaded guilty to conspiracy to possess with the intent to distribute cocaine and felony possession of a firearm. He also stood before Judge Everingham.
According to information presented in court, Butler admitted that up until April 16, 2008, he conspired with others to distribute at least 5 kilograms of cocaine in Camp County, Texas.
Butler was indicted by a federal grand jury on June 3, 2008. He faces up to Life in federal prison. A sentencing date has not been set. The case was investigated by the Texas Department of Public Safety and prosecuted by Assistant United States Attorney Denise Simpson.
In Porter's case, he admitted that up until March 28, 2008, he conspired with others to distribute at least 5 kilograms of cocaine in Camp County, Texas.
Porter, a convicted felon, having been previously found guilty of felony distribution of drugs in federal court in 2001, also acknowledged that he was in possession of a firearm on Jan. 24, 2008. As a convicted felon, Porter is prohibited from owning or possessing firearms or ammunition.
Porter was indicted by a federal grand jury on June 3, 2008. He faces up to Life in federal prison on the drug charge and up to 10 years in federal prison for the firearms charge. Porter has also agreed to the forfeiture of two firearms. A sentencing date has not been set. The case was investigated by the Texas Department of Public Safety and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant United States Attorney Denise Simpson.
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Bradley Wayne Taylor, convicted of sexual assault in 1997 in Gilmer, plead guilty Wednesday to failing to register as a sex offender, and might receive 10 years imprisonment.
MARSHALL, TX, Jan. 14, 2009 -– United States Attorney Rebecca A. Gregory announced today that a 27-year-old Gladewater, Texas man has pleaded guilty to federal sex offender registry violations in the Eastern District of Texas.
Bradley Wayne Taylor pleaded guilty to failing to register as a sex offender, an Adam Walsh Act violation, today before United States Magistrate Judge Chad Everingham.
The Adam Walsh Act, which is found in 18 United States Code 2250, makes it a crime for a sex offender to travel in interstate commerce, and fail to register as a sex offender in the state where he plans to reside, work, or attend school.
According to information presented in court, Taylor was convicted of attempted indecency with a child sexual contact in 1996 in Galveston, Texas, and sexual assault in 1997 in Gilmer, Texas.
Taylor was notified by authorities that he was required to register as a sex offender. However, Taylor traveled in interstate commerce from Texas to Arkansas and failed to register as a sex offender with local authorities, in direct violation of the Adam Walsh Act. Taylor was indicted by a federal grand jury on Aug. 5, 2008.
Taylor faces up to 10 years in federal prison. A sentencing date has not been set.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.
Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the United States Marshals Service and prosecuted by Assistant United States Attorney Denise Simpson.
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The Texas Animal Health Commission (TAHC) reports that laboratory tests have confirmed that a stallion in Texas is infected with contagious equine metritis (CEM), a highly contagious venereal disease of horses.
The Texas-born quarter horse had spent the 2008 breeding season in Kentucky, where CEM was detected in a stallion during routine testing in mid-December.
As of January 15, a total of nine infected stallions have been detected: four in Kentucky, three in Indiana, and one each in Wisconsin and Texas. All of the infected stallions have epidemiological links to one or more CEM-infected equine during the 2007 or 2008 breeding season. State and federal authorities are continuing to seek the source of the infection.
At least 38 states are involved in a nationwide epidemiological investigation and testing of about 275 horses that may have been exposed to CEM through natural breeding or artificial insemination. The disease can be spread among stallions, if strict biosecurity measures are not maintained during the collection of semen.
CEM is not routinely spread through casual contact or shared boarding facilities, and horses can be treated with disinfectants and antibiotics to wipe out the infection. Potentially exposed and infected equine animals are being held under movement restrictions by state animal health authorities, until they test negative for the disease or they complete veterinary treatment and are certified as CEM-negative.
Currently, the TAHC is working with accredited private veterinary practitioners to test another stallion and 21 mares with potential exposure to CEM. In some cases, CEM may cause infected mares to abort.
CEM is not known to affect humans. The equine disease was first detected in the U.S. in 1978, then again in 1979. In both instances, the limited outbreaks were eradicated.
Additional national CEM information may be found on the USDA’s web site at:
http://www.aphis.usda.gov/newsroom/hot_issues/cem/index.shtml
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On the heels of bad economic news, governor emphasizes pro business climate and workforce development.
AUSTIN – Gov. Rick Perry today emphasized the need for continued conservative fiscal principles and strengthening of the state’s workforce to help bolster Texas’ economy as it begins to feel the strain of the national economic downturn. The governor spoke at the Texas Workforce Commission Economic Summit: Putting America Back to Work.
“As we move forward, we must ensure that the challenges of the financial downturn are handled with confidence and discipline,” Gov. Perry said. “With a recent revenue estimate that came in below working numbers, we must devote this legislative session to those programs and initiatives that make the biggest difference to Texans.”
The governor credited Texas’ low taxes, reasonable regulatory structure, and economic development incentives such as the Texas Enterprise Fund and Texas Emerging Technology Fund with creating jobs for Texans by attracting businesses to relocate to the state. Approximately 70 percent of the jobs created in the U.S. from November 2007-2008 were in Texas, with 7,300 jobs created in November 2008 alone. Texas’ unemployment rate is one point lower than the national average, and the state’s annual growth rate was 2.1 percent last year, compared to -1.4 percent nationally.
The governor also credited workforce programs such as the Skills Development Fund, which provides funding to community and technical colleges that prepare workers for skill-based technical jobs, with building the state’s capable and educated workforce.
“As we move into this legislative session, the biggest challenge we face is bolstering our state to withstand the economic crisis that has toppled businesses and economies around the world,” Gov. Perry said. “Fortunately, thanks to some tough decisions we made in 2003, Texas has not suffered as much as other states, but we must look ahead with an eye to responsibility and the best interests of Texans at heart.”
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In the past, Upshur County has responded to calls to bury dead livestock on private property free of charge. That practice might be illegal, and is certainly in question.
GILMER, TX Jan. 15, 2009 -- At today's Commissioner's Court meeting, Commissioner Lloyd Crabtree (Pct. 3), called into question whether the county should be providing the service, and if the owners of the animals should be paying for it.
Acknowledging that were some instances that diseased animals might pose a health problem and need to be buried, he said that county workers were sometimes called upon on overtime to bury the animals.
County Road Administrator Bubba Pendarvis confirmed that he received calls to bury animals at all hours and on weekends, saying some residents were even setting up appointments to correspond to veterinarian visits to put the animals down.
Commissioner Joe Ferguson, (Pct. 2), stated he had looked into legal statutes regarding the issue in the past, and thought it might be illegal for the county to continue the practice.
County Judge Dean Fowler said he would look into the statutes involved, and instructed Pendarvis to limit the practice to normal working hours in the mean time.
In other court business, the Commissioners accepted high bids on all properties foreclosed on for tax delinquencies, and agreed to bring any issues involving roadwork they couldn't resolve with Pendarvis to the court as an agenda item.
The Commissioners assured Fowler that they had been able, thus far, to work with Pendarvis on roadwork needed in their precincts.
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Upshur County District Attorney Billy Byrd reports that the 115th Judicial District Court heard 11 guilty pleas for the period.
GILMER, Tx, Jan. 13 -- With Judge Lauren Parrish presiding, the court heard eleven criminal cases, all resulting in guilty pleas.
Michael Decco, 44, White Oak, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.
James Allen Bell, 32, Gladewater, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.
Daniel Wayne Porter, 21, Gilmer, TX
Theft
Pled guilty.
Shawn Heim, 17, Ore City, TX
Burglary
Pled guilty.
Dale Edwin Johnson, 52, Dallas, TX
Driving while intoxicated
Pled guilty.
David Lester Mcalhany, 49, Longview, TX
False statement to obtain credit
Pled guilty.
Gary Don Elliott, 42, Mt. Pleasant, TX
Theft
Pled guilty.
Louis Franklin Gilmore, 65, Pittsburg, TX
Aggravated sexual assault of a child, Indecency with a child
Pled guilty.
Josiah Andrew Mitchell, 18, Longview, TX
Burglary
Pled guilty.
Kimberly Bunch, 44, Big Sandy, TX
Theft
Pled guilty.
Sarina Danner, 21, Gilmer, TX
Possession of a controlled substance (methamphetamine)
Pled guilty.
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Mitchell Glenn Aills indicted for possession of methamphetamine and illegal handguns.
TYLER, TX Jan. 6, 2009 -— United States Attorney Rebecca A. Gregory announced that a federal grand jury returned indictments today charging multiple individuals in separate cases of federal violations in the Eastern District of Texas.
MITCHELL GLENN AILLS, 27, of Gilmer, Texas, is charged with possession of methamphetamine and firearms during a drug trafficking crime.
According to the indictment, DEA Task Force Officers and Upshur County authorities executed a search warrant in Upshur County, Texas and recovered approximately 1 oz. of methamphetamine and 2 handguns.
If convicted, Aills faces up to five years in federal prison for each charge.
The case is being investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Jim Middleton.
ANSELMO ESPINOZA-GONZALEZ, 35, of Longview, Texas, is charged with being an illegal alien present in the U.S. after deportation.
According to the indictment, Gonzalez, a Mexican national, was originally deported to Mexico in 1998 after driving while intoxicated. He reentered the United States on an unknown date and was convicted of the felony offense of Injury to a Child in Anderson County in 2001. He was arrested again in Anderson County in November and ordered detained pending these charges.
If convicted the defendant faces up to 2 years in federal prison. The case is being investigated by the Department of Homeland Security and the Bureau of Customs and Immigration Enforcement and prosecuted by Assistant U.S. Attorney Allen Hurst.
MICHAEL SHANE TALLEY, 24, is being charged with being a felon in possession of a firearm, and possession of an unregistered firearm.
According to the indictment, Talley was previously convicted in Anderson County of felony charges of manufacture and delivery of a controlled substance, and was subsequently found in possession of a weapon made from a shotgun in Anderson County after a traffic stop.
If convicted, Talley faces up to 10 years in federal prison. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration. Assistant U.S. Attorney Richard Moore is prosecuting the case.
EMILIO MARTINEZ-MAGDALENA, of Gregg County, has been charged with illegally being in the United States after having been previously deported.
According to the indictment, the defendant, a Mexican national, was originally deported to Mexico back in 2000 after an aggravated felony conviction for Injury to a Child out of Upshur County, Texas. He reentered the United States on an unknown date, and was charged with driving while intoxicated in Gregg County, Texas in early 2007. Immigration authorities physically found Martinez at the Bradshaw State Jail facility in Rusk County, Texas, on May 21, 2007. He was released from TDC to ICE custody in December of 2008.
If convicted, t he Defendant faces up to 20 years in federal prison. The case is being investigated by the Department of Homeland Security Immigration Customs Enforcement and prosecuted by Assistant U.S. Attorney Allen Hurst.
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Texas senator teams with Dianne Feinstein to increase aid funding.
WASHINGTON, DC Jan. 8, 2009 -— U.S. Sen. John Cornyn, the top Republican on the Judiciary Committee’s Immigration, Border Security and Refugees subcommittee, today announced he will once again cosponsor legislation to expand the State Criminal Alien Assistance Program (SCAAP) to reimburse Texas communities for the cost of incarcerating criminal illegal immigrants.
Sen. Cornyn was an original cosponsor of this legislation in the 110th Congress. U.S. Sen. Diane Feinstein, D-CA, reintroduced the legislation, S. 168, today.
As it stands, SCAAP reimburses $24 million to Texas every year, but through this legislation, Sen. Cornyn is pushing for the expansion of this program to provide additional reimbursement to Texas communities who struggle to afford the costs associated with criminal illegal aliens in their cities.
“Our federal immigration system is deeply flawed and partisanship in Congress has prevented real reform. Even so, our law enforcement and border patrol personnel in Texas work tirelessly each day to enforce the rule of law and keep our neighborhoods safe. Local entities should not be forced to shoulder the financial burden associated with incarcerating and prosecuting criminal illegal immigrants. I’m please to lend my full support again to this important legislation to significantly expand SCAAP reimbursements for Texas communities who are doing their part to keep our state safe and secure,” Sen. Cornyn said.
“While this legislation is a much-needed step, we are still a far cry from addressing immigration reform in a comprehensive manner. With a new Congress and new leadership in the White House, I’m hopeful we can work together to tackle immigration reform as soon as possible. Further inaction is unacceptable and jeopardizes our national security.”
--- BYLINE
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Upshur County receives $63,000, Cities and towns share $131,000.
AUSTIN, TX Jan. 9, 2009 -- Comptroller Susan Combs announced today that the state collected $1.86 billion in sales tax revenue in December, up 2 percent compared to December 2007.
“State sales tax collections have grown 3.9 percent for the first four months of state fiscal year 2009,” Combs said. “Growth in overall collections has slowed compared to recent years, while remittances from key sectors such as construction and retail trade have declined.”
Combs sent cities, counties, transit systems and special purpose taxing districts their first sales tax allocations of 2009 — $459.2 million, up 2.4 percent compared to January 2008.
Combs sent January sales tax allocations of $309.9 million to Texas cities, up 2.2 percent compared to January 2008. Texas counties received sales tax payments of $29 million, up 8.2 percent compared to last January.
In addition, $18.3 million went to 148 special purpose taxing districts around the state, up 23.5 percent compared to last January. Ten local transit systems received $101.9 million in sales tax allocations, down 1.4 percent compared to a year ago.
December state sales tax collections and January allocations to local governments represent sales that occurred in November.
Upshur County and Cities Tax Allocations
| City / County | Current Payment | 2009 Total | 2008 Comparable | % Change |
| Big Sandy | $20.580.00 | 20,580.00 | 22,123.89 | -6.97% |
| East Mountain | $1,742.38 | 1,742.38 | 1,702.35 | +2.35% |
| Gilmer | $97,673.71 | 97,673.71 | 92,857.82 | +5.18% |
| Ore City | $10,859.77 | 10,859.77 | 8,279.78 | +31.16% |
| Union Grove | $215.43 | 215.43 | 517.56
| -58.37% |
| Upshur County | $63,069.87 | 63,069.87 | 55,715.75 | +13.19 |
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TCEQ awarded $2 million for clean diesel projects
DALLAS, TX Jan 9, 2009 -- The North Central Texas Council of Governments has been awarded $1.5 million, and the Texas Commission on Environmental Quality will receive $500,000 from the Environmental Protection Agency to help reduce diesel emissions.
EPA and the Blue Skyways Collaborative awarded the grants as part of the National Clean Diesel Funding Assistance Program.
“Blue Skyways and the EPA clean diesel program are delivering cleaner engines and cleaner air for America’s heartland,” said EPA Regional Administrator Richard E. Greene. “This program gives communities another effective tool to improve air quality and public health.”
Communities will use the grants for clean diesel projects that significantly reduce emissions through the use of retrofit technologies, engine replacements, and idle reduction technologies.
Reducing emissions from diesel engines is one of the most important air quality challenges facing the country. Even with EPA's more stringent heavy-duty highway and non-road engine standards set to take effect over the next decade, millions of diesel engines already in use will continue to emit large amounts of nitrogen oxides, particulate matter and air toxics, which contribute to serious public health problems. EPA and the Blue Skyways Collaborative provide funding for projects to help reduce these heavy-duty diesel emissions.
The Blue Skyways Collaborative is a group of businesses, communities and government agencies spanning 10 states that work together voluntarily to reduce air pollution in North America's central corridor. With its 183 partners, the collaborative is implementing about $1.1 billion in projects that use innovations in diesel engines, alternative fuels and renewable energy technologies to reduce air emissions along major transportation corridors. These innovations save 76 million gallons of fuel per year, cut 1.6 million tons per year in greenhouse gases and reduce toxic air pollutants by 51,626 tons per year.
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Abbott leads 50-state coalition in defense of prayer, presidential oath of office.
AUSTIN, TX Jan 8, 2009 -- Texas Attorney General Greg Abbott and a bipartisan coalition of Attorneys General representing all fifty states and the U.S. Virgin Islands today took legal action to defend the constitutionality of prayer during President-elect Barack Obama’s Presidential Inauguration.
In an amicus brief that was authored by Attorney General Abbott and filed with the U.S. District Court for the District of Columbia, the state Attorneys General also defended the President-elect’s right to say the words “so help me God” while reciting the presidential oath of office.
"Since President George Washington uttered the words ‘so help me God’ at his first inauguration in 1789, American presidents have a longstanding, historic tradition of invoking the Almighty at their inaugural ceremonies,” said Attorney General Greg Abbott. “Despite more than two hundred years of established tradition – and no legal precedent for their challenge – a group of activists have asked the courts to interfere with President-elect Obama’s right to pray and invoke God during his inauguration as forty-fourth President of the United States.
Today’s legal action reflects a concerted bipartisan, fifty-state effort to defend a constitutional acknowledgement of faith during an inaugural celebration.”
The states filed their amicus brief in an effort to defeat a legal challenge that activist Michael Newdow and several atheist organizations filed on Dec. 30, 2008. Their lawsuit claims that the longstanding inaugural traditions—prayer and an oath of office that includes the words ‘so help me God’—violate the First Amendment’s Establishment Clause.
Public acknowledgements of God at official functions have been customary since the nation’s founding. President George Washington began an unbroken, 200-year tradition when he inserted the phrase “so help me God” at the end of his oath of office in 1789. Today it is common for prayers and oaths invoking God to be incorporated into swearing-in ceremonies across the country. For example, Article XVI, Section 1 of the Texas Constitution provides that all appointed and elected officers shall take an oath of office – and that constitutional oath includes the phrase “so help me God.”
At the federal level, members of the United States Congress are also sworn-in using an oath that invokes the Almighty. When the 111th Congress convened Tuesday, the House and Senate Chaplains delivered a prayer just before Senators and Representatives recited an oath of office that incorporated the phrase “so help me God.”
The constitutionality of public acknowledgements of God by governmental institutions has been repeatedly affirmed by the United States Supreme Court. In Marsh v. Chambers, the high court upheld the constitutionality of opening every legislative session with a clergy-led prayer. As Justice Sandra Day O’Connor has noted, such religious observances are used for “solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society.”
Explaining the states’ legal position, Texas Solicitor General James Ho said: “Plaintiffs are not just challenging Presidential traditions; they are effectively attacking the laws and customs of virtually every state in the Union, including oaths of office in at least 20 state constitutions. But they are unable to cite a single state authority to cite their challenge. From daily prayers during legislative sessions to monuments on public property displaying the Ten Commandments, the United States Supreme Court has repeatedly upheld the constitutionality of official acknowledgments of faith."
The states’ brief in Michael Newdow, et al. v. Hon. John Roberts, Jr. reflects Attorney General Abbott’s latest effort to lead a multi-state defense of public acknowledgments of God. In a 2003 amicus brief that was filed with the U.S. Supreme Court on behalf of all 50 states, Attorney General Abbott successfully helped thwart Newdow’s attempt to remove the words “under God” from the U.S. Pledge of Allegiance. In 2007, he defeated a separate lawsuit attempting to remove the words “under God” from the Texas Pledge of Allegiance.
Attorney General Abbott also personally appeared before the U.S. Supreme Court, where he successfully defended a Ten Commandments monument on the Texas Capitol grounds. In that case, Van Orden v. Perry, the plaintiff sought to remove a Ten Commandments from the Texas Capitol, but the U.S. Supreme Court ruled that the monument was constitutional.
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Police seek help in nabbing the Carmike Theater bandit.
On January 2, 2009 at around 11:38 a.m., Longview Police received a call about
a robbery that had just occurred at the Carmike 10 Theater at 201 Tall Pines
Drive.
Theater employees reported that while they were preparing to open the theater,
an unknown white male suspect wearing a ski mask and armed with a handgun
robbed them. Since the doors to the theater were locked at the time, employees
aren’t sure how the suspect entered the theater.
Arriving Longview Officers searched the theater for the suspect, but he was not
found at the location. The suspect is described as a white male, 5’10” tall with a medium build, wearing all dark clothing, a black ski
mask, black shoes with white stripes, gloves and armed with a handgun.
No one was injured during the robbery.
Anyone with information should call the Detective Terry Davis at 903-237-1110 or
Crime Stoppers at 903-236-STOP or at www.greggcountycrimestoppers.com
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CDC Issues Final Births Data for 2006
NEWS RELEASE -- The teen birth rate increased in more than half of all 50 states in 2006, according to a report by the Centers for Disease Control and Prevention.
CDC had reported in December 2007 that the teen birth rate for the nation as a whole increased for the first time in 15 years in 2006 from 40.5 births per 1,000 women aged 15-19 in 2005 to 41.9 in 2006. That information was based on 99 percent of all birth certificates in the United States for 2006.
The latest report from CDC′s National Center for Health Statistics, “Births: Final Data for 2006,” includes state-by-state teen birth rate information based on all birth certificates issued in the United States in 2006.
The data show teen birth rates were highest in the South and Southwest, with the highest rate recorded in Mississippi (68.4), followed by New Mexico (64.1) and Texas (63.1).
Teen birth rates in 2006 were lowest in the Northeast in 2006, with the lowest rates occurring in New Hampshire (18.7), Vermont (20.8), and Massachusetts (21.3). The only states with a decrease in teen birth rates between 2005 and 2006 were North Dakota, Rhode Island, and New York.
The report also features birth data on a variety of topics, including state-based and national information on teen, unmarried, and multiple births, along with health data on smoking during pregnancy, Caesarean delivery, preterm birth, and low birthweight.
The full report is available at www.cdc.gov/nchs.
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Senator lists economy, immigration and energy policies as priorities over the next six years.
WASHINGTON, DC Jan. 6, 2008 -— U.S. Sen. John Cornyn, R-Texas, made the following statement after he was sworn-in today on the Senate floor.
“Today, I had the honor of being officially sworn-in to the United States Senate to represent the people of Texas for another six years. I’m looking forward to working on behalf of all Texans and working with my colleagues on both sides of the aisle to pass real solutions to the problems that confront our country – from putting our economy on the right track to comprehensive immigration reform to energy independence. I am ready to hit the ground running, and ensure a productive new year in which the needs and priorities of Texans are fully addressed on the federal level.”
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Attorney says legal ramifications will be the board's last resort.
GLENWOOD ACRES -- If there is anything that the Glenwood Acres Landowners Association Board and disgruntled residents can agree on, it is that things need to change.
Tim Caricker, the attorney hired to represent the landowners association in deed enforcement actions, said yesterday that the board hasn't targeted anyone, and is instead engaged in righting problems related to deed restrictions that have been allowed to go uncorrected for too long.
Caricker says that board members don't want to take anyone to court, and called attention to the six month grace period included in clean-up demands the board has made of some residents. He said that allowed residents until May of this year to comply.
Commenting on the impeachment drive to oust board president, Jason Lundy, Caricker said "The board is disappointed that it has received this response to what they are trying to do, which is to clean up Glenwood Acres".
He also said the board was aware that petition leader Russell McFadin had been cleaning up his lot, saying "The board acknowledges Mr. McFadin's efforts, and we encourage him to continue those efforts".
According To McFadin, though, what needs to be cleaned up is the board itself, starting with the removal of Lundy.
McFadin will need 20% of the association's members to sign the petition in order to force an impeachment vote, but no one is sure what the exact number of signatures that needs to be.
During an informal meeting of petition supporters Sunday, McFadin said that the board had been unwilling or unable to provide him with a count of members in good standing, or their names.
Caricker said the board is in the process of generating that list, but it has been complicated by the need to not only identify the members in good standing, but also to determine which of them have gotten married or divorced, since the spouses of members have votes as well.
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A resident of Glenwood Acres is circulating the petition, aimed at removing Jason Lundy, president of the landowner's association board.
The simmering feud between the board of the Glenwood Acres Landowner's Association and Russell McFadin, a resident of the development since 1995, has bubbled over into an effort to unseat board president Jason Lundy.
In a 3 page letter he delivered to the board Monday, McFadin asks for the immediate resignation of Lundy.
In the letter, as well as in an interview with the Advocate, McFadin alleges harassment of himself by the board, unequal and unfair application of rules and restrictions, and says that the board has not followed it's own protocols and procedures. Lundy is accuses of recklessness and poor leadership.
The dispute stems from what McFadin says are efforts to single him out, and force him out of the community.
In November, McFadin, along with several other residents, received notices from the association threatening court action unless efforts were made to clean up their lots. Part of that demand by the board might have involved a structure that McFadin built on his lot, that might not comply with deed restrictions.
McFadin says he has been working on complying with the clean up demand, hauling off scrap from his lot over the last month.
He also has run afoul of the board in the past because of delinquent association dues. In September, the board filed a lien with Upshur county to force payment of those.
That issue, however, has been resolved. McFadin produced a lien release and other documents proving he had negotiated a settlement with the board, and was current on his dues.
That could be important to his impeachment effort, since a resident of the development is required to be current on their dues in order to vote on association business.
Yesterday, Mcfadin set up camp at the entrance to the development, asking residents to sign the petition.
According to bylaws of the association shown to the Advocate, McFadin needs one fifth of the estimated 1000 members of the association to sign the petition in order to force an impeachment vote.
When contacted late Friday, Mr. Lundy, through his secretary, declined immediate comment, saying the board's attorney would contact us with a statement.
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Citing the poor condition of copiers and file time-stamp equipment, County Commissioners voted Wednesday to spend $6000 on replacements.
After brief discussion, in which Commissioners heard that the existing machines were out of warranty and not repairable, Court voting was unanimous to replace one county copy machine, and two time stamp machines, used to record the date and time that the county receives documents.
The copier, a Sharp machine, will cost the county $5426.00 to purchase, and 1 cent per copy for upkeep and maintenance. TLC Office Systems will supply the new machine.
The Court approved another $1600.00 expenditures for the two file stamp machines. The exact cost was not known, but the approved amount was decided based on prices found online.
In other business, the Commissioners considered the following items:
* Accept for recording all payroll changes. Motion by Ferguson, second by Crittenden, ayes unanimous.
* Approval of county payroll. Motion by Ferguson, second by Crabtree, ayes unanimous.
* Approval of Budget Amendments. No action taken.
* Approval of Accounts Payable. Commissioner Crittenden asked for and received clarification on the bond forfeitures, line item 202. After the disbursement of funds coming into the county from bail bondsmen was explained, he seemed satisfied. Motion to approve was made by Commissioner Ferguson, and seconded by Campbell. The ayes were unanimous.
* Approval to accept various Court documents including audit reports, bonds, oaths, deputations and certificates. Motion to approve by Crittenden, seconded by Crabtree, ayes unanimous.
* Approval to accept for recording the monthly report of State and County taxes. Motion to approve was made by Crabtree, seconded by Crittenden, ayes unanimous.
The floor was opened at the beginning of the meeting for public comment, and one county resident rose to speak.
Russell Mcfadin, a resident of Glenwood Acres, addressed what he called character assassination at last month's Commissioners Court meeting.
He refrained from going into details or naming names, choosing instead to thank the Court for the opportunity of presenting his side of what has been a long running dispute between certain residents of the subdivision and the Glenwood Acres Landowners Association.
The subdivision is in Upshur Precinct #1, Commissioner Crittenden's precinct.
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Sheriff, Deputies, Tax Assessor and County Commissioners sworn in Wednesday.
GILMER, Dec. 31, 2008 -- County Judge Dean Fowler swore in a room full of Upshur County elected officials, deputies and staff workers Wednesday.
In a ceremony attended by approximately 70 people, Fowler administered the oath of office for the county officials elected in November.
Standing in the jury box of the 115th District courtroom, they all raised their right hands and swore to uphold the Constitution of the United States, and to uphold the duties of their office faithfully.
Officials sworn in were:
* Sheriff Anthony Betterton and Deputies of the Upshur County Sheriff's Department.
* Tax Assessor Mike Smith and his staff.
* Constable Russel Harris, Pct. 1.
* Constable Jason Weeks, Pct. 2.
* Constable Jerry Kuhn, Pct. 3.
* Constable Phillip Hill, Pct. 4.
* County Commissioner James Crittenden, Pct. 1.
* County Commissioner Lloyd Crabtree, Pct. 3.
The Advocate congratulates all of our fine public servants, and wishes them well in the discharge of their duties
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