Texas has to turn over e-mails and memos in redistricting case

[Gothmog]

One federal court ruled that Abbott and the State of Texas had to turn over documents that Greg claimed were privileged in the voter id lawsuit and now Greg is fighting some subpoenas. http://txredistricting.org/post/84271215651/texas-voter-id-plaintiffs-respond-to-attempt-by-abbott There was a hearing last week on the subpoenas.

Yesterday, the three judge panel ordered Greg Abbott and the State of Texas to release e-mails and documents in the possession of the State of Texas in the redistricting case. http://www.nationallawjournal.com/legaltimes/id=1202654305167/Texas-Ordered-to-Disclose-Legislative-Docs-in-Voting-Case?slreturn=20140407110311

Calling part of Texas' litigation position "inconsistent," a federal trial judge has ordered the state to turn over certain legislative records to the U.S. Department of Justice in a closely watched Voting Rights Act case.

The Justice Department is seeking information from more than three dozen Texas state lawmakers that could illuminate the Legislature’s motivation in 2011 to enact congressional redistricting plans.

U.S. District Judge Orlando Garcia’s ruling on Tuesday gives the federal government some access to documents that lawyers for Texas argued were off limits. Read more: http://www.nationallawjournal.com/legaltimes/id=1202654305167/Texas-Ordered-to-Disclose-Legislative-Docs-in-Voting-Case#ixzz3138v9H2g

Included in such documents are the opinions and materials from the Texas Legislative Council. The TLC is the legal arm that does the maps and the hard numbers work in redistricting. http://pdfserver.amlaw.com/nlj/texas-subpoena-VRA.pdf Last year, I testified before the House Committee on redistricting and watched Trey Martinez Fischer question the top lawyer for the TLC. Basically, the top lawyer for the TLC agreed that the maps being proposed were not constitutional and that the approval of these maps in 2013 would not cure the racism inherent in the redistricting maps. The TLC materials in particular could be very interesting.

The fact that Greg Abbott is fighting so hard to hide these materials is very interesting. The fact that Greg lost again is not surprising in that Greg is a really bad attorney

[giftedgirl77]

1. Oh no Mr. Bill...

This should get interesting...

[Gothmog]

2. The issue of legislative privilege is coming up again and again

The issue of legislative privilege is being litigated in the North Carolina as well in the Texas voter id case. Some of these e-mails will be interesting. Here are some comments from Juanita Jean as to an earlier ruling in the Texas voter id case http://www.juanitajean.com/2014/04/08/careful-with-those-emails/

It is flat out no secret that the Voter ID bill in Texas is nothing more than a cheap trick to keep the elderly, disabled, and poor from voting.

However, now we might get to see the emails between members of the Lege about the Voter ID bill.

Any legislators’ emails that reveal a discriminatory motive for passing a 2011 Texas voter ID law, signed by Gov. Rick Perry (R), could soon come to light thanks to a federal judge’s recent ruling.

U.S. District Judge Nelva Gonzales Ramos issued an order late last weekdirecting the state of Texas to turn over legislators’ communications about the bill to the U.S. plaintiffs, on a confidential basis, by Tuesday. According to Texas, 189 state legislators had asserted legislative privilege over the documents to try to prevent this outcome.

Now, I know what “on a confidential basis” means. However, you can bet your best pair of pink boots that the really juicy ones will find their way into court records and then be read aloud on the corner of Main and Capitol in downtown Houston with a bullhorn during the Go Texan parade because, bygawd, I’m gonna do it.

Hell, those emails might as well plan to make the Book of the Month Club because they will making cahooting an Olympic sport.

Greg Abbott keeps on litigating this issue and Greg keeps on losing. Greg is a bad attorney

[freshwest]

4. Was it Dewhurst or Abbott caught fiddling with computer records after Wendy's filibuster?

Hope the Wisconsin crew isn't at work at Texas as we speak. After all, they're in the same cult.

[Gothmog]

6. That was Dewhurst and the Texas Senate republicans

Abbott was not really part of this. The killer was when Dewhurst and the Texas GOP saw the Texas Tribune video showing that the vote was not finished until after midnight and that they could not backdate the timing of the voter without erasing the Texas Tribune tape.

[freshwest]

7. They should have been tossed out for this... But things have been bad for a while.

Thanks for your detailed OP on this and other stories from Texas.

[giftedgirl77]

5. Abbott's a pompous douchebag & you can guarentee

that his greasy ass has some dirt in those emails. What I wouldn't give to dig through them.

[Gothmog]

8. I know Greg and he is not a good attorney

Greg is trying to hide something.

[giftedgirl77]

9. I've worked with a lot of attorneys & he just screams

scuzball.

[freshwest]

3. And terrifying for Abbott...

*add the sound of paper shredding and the sight of the progress bar moving to the right as files are being deleted*

[Gothmog]

10. Greg lost another discovery fight yesterday

Greg was objecting to letting the DOJ depose the people who drew the maps. The court overruled Greg's objections. http://txredistricting.org/post/85126257846/court-orders-turnover-of-documents-depositions-in-texas

In a separate order, Judge Garcia also granted a DOJ request that Abbott’s office to produce 2011 map drawers Ryan Downton and Gerardo Interiano for depositions.

Abbott had opposed the depositions, arguing that Downton and Interiano had been deposed in earlier rounds litigation over the maps and that the depositions should either be barred or limited to 2.5 hours each.

The court disagreed, however, ruling that:

The United States was not a party when the map drawers were deposed during the first round of discovery in the case, and the United States should have the opportunity to take their depositions on the claims and issues currently in dispute. While the other plaintiffs had the opportunity to depose the map drawers two years ago, they should have the opportunity to supplement their discovery by asking additional questions relating to facts, issues, and claims that have arisen in the last two years.

The court ordered that the Downton and Interiano be produced for up to four hours of depositions.

Greg is losing a number of these discovery battles