2nd gentleman Douglas Emhoff raises more than a million in Texas

SAN ANTONIO – The Texas Tribune reports that second Gentleman Douglas Emhoff raised more than $1 million at a San Antonio fundraiser for Kamala Harris presidential campaign Monday night, the largest presidential fundraiser in the city’s history.

San Antonio Mayor Ron Nirenberg made the announcement at a reception hosted by Frank and Cecilia Herrera that was attended by prominent area Democrats like Henry Cisneros, a former San Antonio mayor and former U.S. Secretary of Housing and Development, State Sen. José Menéndez, and U.S. Rep. Greg Casar.

“We have to work, even here in Texas,” Emhoff told the guests at the fundraiser. “We can’t take any state off the map. We gotta make sure we’re doing the work here. And even if we can’t turn Texas blue this time around you have a good chance of sending [U.S. Rep.] Colin Allred to the Senate.”

Emhoff also said that voters could also make “serious changes” to the state by flipping some statehouse races and their statewide leaders.

He acknowledged that the presidential election was very close and urged the guests to knock on doors, register to vote and help raise more money for the campaign to continue its fight all over the electoral map.

Earlier in the day, Emhoff attended a rally organized by Texas Democrats in San Antonio. He stumped with down-ballot Texas Democrats and railed against Republican efforts that he said were “attacking the right to vote.”

“Under the guise of election integrity, they have made it harder to vote,” Emhoff said. “They know the only way they can win is if fewer people vote. … Texas, unfortunately, has been ground zero for unchecked MAGA power grab.”

Emhoff, who was making his first visit to Texas since his wife, Vice President Kamala Harris, became the Democratic presidential nominee, said if Trump returned to the White House it would usher a national abortion ban, more inaction on mass shootings and policies that benefited only the wealthy.

But he sounded a note of confidence even as a New York Times/Siena Poll Monday morning showed Trump leading Harris in Arizona by five percentage points and also ahead in the battleground states of North Carolina and Georgia.

“I am really excited about Texas. Are you?” he said to applause from about 1,200 people in the gymnasium at the Candler Physical Education Center at San Antonio College. “Are we going to send my wife Kamala Harris to the White House?”

The rally included brothers Julián Castro, a former San Antonio mayor and U.S. Secretary of Housing and Urban Development, and U.S. Rep. Joaquin Castro of San Antonio.

The effort was part of the Texas Democratic Party’s “Texas Offense,” an effort to coordinate voter contact efforts and political resources from the top to the bottom of the ticket. Comedian and actress Cristela Alonzo and social media influencer and political activist Olivia Julianna also attended the event.

The Democratic speakers attacked Republican state officials for what they said were efforts to suppress the votes of people who do not align with their political views. They pointed to recent investigations by Attorney General Ken Paxton on Latino groups who work to register people to vote. The speakers urged the crowd to make their voice heard in November by casting ballots for Democrats.

Texas Democratic Party Chair Gilberto Hinojosa told the crowd that Republican officials like Attorney General Ken Paxton were “attacking the vote” because of the tight races for president and U.S. Senate.

“He knows they’re in trouble,” Hinojosa said.

Emhoff’s visit is a boost for Texas Democrats. National politicos may not see the state as a battleground — despite the state party’s best efforts — but any boost to down-ballot candidates could help the minority party make up ground in state elections. It also gets those candidates in front of new potential voters.

Texas political leaders tried to energize the crowd through Emhoff’s visit.

“Texas is in play and if you need proof of that, we’ve got second gentleman Douglas Emhoff here,” Casar said.

The event also included Kristian Carranza and Laurel Jordan Swift, two San Antonio Democrats vying to unseat Republican incumbents in crucial statehouse races.

Republicans hold a majority in the Texas House and are likely to push for legislation that would allow for the use of public money to pay for private education at least in some way. The issue is a top priority for Republican Gov. Greg Abbott. Democrats are trying to make dents in the majority to hold the line against that type of legislation.

Carranza’s race against Republican John Lujan is seen as one of the top targets for Democrats and Swift is running for a seat that is vacant because moderate Republican incumbent, Steve Allison, was defeated in the primaries by Marc LaHood, a Republican challenger who is further to the right.

John Harrison, 72, of Kerrville who drove about an hour to attend the event with his wife Jo, said Emhoff’s visit showed that national Democrats were still throwing some support behind the state.

“It means they haven’t given up in Texas and that they can turn some races blue,” Harrison said. “I hope we can beat Cruz and Trump. It’ll be tough but still possible.”

CrowdStrike executive apologizes to Congress for tech outage

WASHINGTON (AP) — An executive at the Austin-based cybersecurity company CrowdStrike apologized in testimony to Congress for sparking a global technology outage over the summer.

“We let our customers down,” said Adam Meyers, who leads CrowdStrike’s threat intelligence division, in a hearing before a U.S. House cybersecurity subcommittee Tuesday.

Austin, Texas-based CrowdStrike has blamed a bug in an update that allowed its cybersecurity systems to push bad data out to millions of customer computers, setting off a global tech outage in July that grounded flights, took TV broadcasts off air and disrupted banks, hospitals and retailers.

“We’re deeply sorry and we are determined to prevent this from ever happening again,” Meyers told lawmakers.

CrowdStrike’s faulty software update crashed about 8.5 million computers running Microsoft’s Windows operating system.

Meyers said he wanted to “underscore that this was not a cyberattack” but was, instead, caused by a faulty “rapid-response content update” focused on addressing new threats. The company has since bolstered its content update procedures, he said.

Shelby County authorities find one dead, another injured

SHELBY COUNTY – Our news partners at KETK report a man was found dead from a gunshot wound and another person injured Monday afternoon, according to the the Shelby County Sheriff’s Office.

According to the sheriff’s office, at around 5:45 p.m. deputies were called to County Road 1459 in Center.

When authorities arrived, a 26-year-old man, identified as James Ray Daniels, of Center, was found dead from a gunshot wound, the SCSO said. According to deputies another person, whose identity has not been released, was also found injured.

“This case is under investigation and no further information will be released at this time,” Shelby County Sheriff Kevin W. Windham said.

Kilgore recognized as a Purple Heart City

Kilgore recognized as a Purple Heart CityKILGORE — Kilgore is known for the world’s richest acre and the World Famous Rangerettes and on Tuesday night the city added a new honor to that list. According to our news partner KETK, Kilgore is now recognized as a Purple Heart City in a ceremony at the city hall. The city’s new title carries a lot of weight for long time resident and veteran Daniel Abram, because he understands the sacrifice veterans have made for their country.

“We think it’s wonderful,” Abrams said. “I think it should be respected, men paid an awful price for that.”

The Kilgore mayor said resident Vickie Raymond brought this idea to the city and immediately had full support. The designation comes from the Military Order of the Purple Heart Chapter 1513, to honor veterans who live in Kilgore and make sure they feel appreciated. Continue reading Kilgore recognized as a Purple Heart City

Smith County appoints new Justice of the Peace for Precinct 5

Smith County appoints new Justice of the Peace for Precinct 5TYLER — The Smith County Commissioners Court voted to appoint a new Justice of the Peace for Precinct 5 after the retirement announcement of Judge Jon Johnson. According to a release, Danny Brown was unanimously voted to be appointed as JP 5 for Smith County on Tuesday morning. The county said that Brown has served as Tyler ISD Police Chief for the past 12 years and is looking forward to serve his community of Lindale.

“I have always driven to Tyler to work,” Brown said. “I want to serve in Lindale where I have lived all these years.”

According to the release, Brown worked for the Tyler Police Department for 21 years, then for Child Protective Services for five years before becoming the chief for the Tyler ISD Police Department. Continue reading Smith County appoints new Justice of the Peace for Precinct 5

Ken Paxton sues Biden administration over listing Texas lizard as endangered

AUSTIN (AP) – Texas Attorney General Ken Paxton announced Monday that his office is suing the U.S. Department of the Interior, the U.S. Fish and Wildlife Service, and Biden administration officials for declaring a rare lizard endangered earlier this year.

The dunes sagebrush lizard burrows in the sand dunes in the Mescalero-Monahans ecosystem 30 miles west of Odessa — the same West Texas land that supports the state’s biggest oil and gas fields.

For four decades, biologists warned federal regulators about the existential threat that oil and gas exploration and development poses for the reptile’s habitat, while industry representatives fought against the designation, saying it would scare off companies interested in drilling in the nation’s most lucrative oil and natural gas basin.

In May, federal regulators ruled that the industry’s expansion posed a grave threat to the lizard’s survival when listing it as endangered.

Now, the state’s top lawyer is suing.

“The Biden-Harris Administration’s unlawful misuse of environmental law is a backdoor attempt to undermine Texas’s oil and gas industries which help keep the lights on for America,” Paxton said. “I warned that we would sue over this illegal move, and now we will see them in court.”

Paxton’s statement said the listing of the lizard was a violation of the Endangered Species Act, adding that the Fish and Wildlife Service “failed to rely on the best scientific and commercial data” when declaring the lizard endangered and did not take into account conservation efforts already in place to protect the lizard.

The 2.5-inch-long lizard only lives in about 4% of the 86,000-square-mile Permian Basin, which spans Texas and New Mexico, according to the Fish and Wildlife Service. In Texas, the lizard has been found in Andrews, Crane, Gaines, Ward and Winkler counties.

According to a 2023 analysis by the Fish and Wildlife Service, the lizard is “functionally extinct” across 47% of its range.

The listing requires oil and gas companies to avoid operating in areas the lizard inhabits, but the Fish and Wildlife Service has yet to determine where those areas are because it is still gathering information. Oil and gas companies could incur fines up to $50,000 and prison time, depending on the violation, if they operate in those areas.

Paxton’s office said that because the Fish and Wildlife Service has not specified those areas, it has left operators and landowners uncertain about what they can do with their own land.

Longshoremen from Maine to Texas appear likely to go on strike, seaport CEO says

SAVANNAH, Ga. (AP) — The chief executive over Georgia’s two booming seaports said Tuesday that a strike next week by dockworkers across the U.S. East and Gulf coasts appears likely, though he’s hopeful the resulting shutdown would last only a few days.

“We should probably expect there to be a work stoppage and we shouldn’t get surprised if there is one,” Griff Lynch, CEO of the Georgia Ports Authority, told The Associated Press in an interview. “The question is: How long?”

U.S. ports from Maine to Texas are preparing for a potential shutdown in a week, when the union representing 45,000 dockworkers in that region has threatened to strike starting Oct. 1. That’s when the contract expires between the International Longshoremen’s Association and the United States Maritime Alliance, which represents the ports. Negotiations on a new contract halted in June.

A strike would shut down 36 ports that handle roughly half the nations’ cargo from ships. Lynch oversees two of the busiest in Georgia. The Port of Savannah ranks No. 4 in the U.S. for container cargo that includes retail goods ranging from consumer electronics to frozen chickens. The Port of Brunswick is America’s second-busiest for automobiles.

Lynch said he’s holding out hope that a strike can be averted, though he added: “The stark reality is they are not talking right now.” Represented by the maritime alliance, the Georgia Ports Authority has no direct role in negotiating.

As for how long a strike might last, “no one really knows for sure,” said Lynch, Georgia’s top ports executive since 2016 and a three-decade veteran of the maritime industry. “I would think we should expect four to five days, and hopefully not beyond that.”

Businesses have been preparing for a potential strike for months, importing extra inventory to fill their warehouses. Lynch said that’s one reason container volumes in Savannah increased 13.7% in July and August compared to the same period a year ago.

Georgia dockworkers are putting in extra hours trying to ensure ships get unloaded and return to sea before next Tuesday’s deadline. Truck gates at the Port of Savannah, normally closed on Sundays, will be open throughout this weekend.

At the Georgia Ports Authority’s monthly board meeting Tuesday, Lynch praised the roughly 2,000 union workers responsible for loading and unloading ships in Savannah and Brunswick, saying “they have done great work” ahead of a possible strike. He said the ports would keep operating until the last minute.

“We’re seeing phenomenal productivity out of them right now,” he said. “You wouldn’t know this was going to happen if you hadn’t been told.”

There hasn’t been a national longshoremen’s strike in the U.S. since 1977. Experts say a strike of even a few weeks probably wouldn’t result in any major shortages of retail goods, though it would still cause disruptions as shippers reroute cargo to West Coast ports. Lynch and other experts say every day of a port strike could take up to a week to clear up once union workers return to their jobs.

A prolonged strike would almost certainly hurt the U.S. economy.

The maritime alliance said Monday it has been contacted by the U.S. Labor Department and is open to working with federal mediators. The union’s president, Harold Daggett, said in a statement his members are ready to strike over what he called an unacceptable “low-ball wage package.”

“We’re hopeful that they’ll get it worked out,” said Kent Fountain, the Georgia Ports Authority’s board chairman. “But if not, we’re going to do everything we can to make it as seamless as possible and as easy as it could possibly be on our customers and team members.”

Ex-officer charged with couple’s death in Houston drug raid awaits jury’s verdict

HOUSTON (AP) — A jury on Tuesday began deliberating the fate of a former Houston police officer accused of being responsible for the 2019 deaths of a couple during a raid that prompted a probe which revealed systemic corruption problems within the police department’s narcotics unit.

Gerald Goines is charged with two counts of murder in the January 2019 deaths of Dennis Tuttle, 59, and his 58-year-old wife Rhogena Nicholas. Goines has pleaded not guilty.

The couple, along with their dog, were were fatally shot after officers burst into their home using a “no-knock” warrant that didn’t require them to announce themselves before entering.

Jurors could also convict Goines of a lesser charge of tampering with a governmental record over allegations he falsified the search warrant used to justify the raid of the couple’s home.

The jury deliberated for about three hours Tuesday afternoon before breaking for the day. Deliberations were set to resume Wednesday.

During closing arguments in a trial that began Sept. 9, prosecutors told jurors Goines, 59, fabricated a confidential informant and manipulated people in order to get a search warrant for the couple’s home that falsely portrayed them as dangerous drug dealers.

Prosecutor Keaton Forcht told jurors everything that happened in the home, including the couple’s deaths and the injuries to officers, “flowed directly” from the falsified search warrant and Goines’ lies. During the raid, four officers were shot and wounded, and a fifth was injured.

“The deaths of Rhogena Nicholas and Dennis Tuttle are a grave, grave injustice,” said Forcht, with the Harris County District Attorney’s Office.

Goines attorneys admitted the ex-officer lied to get the search warrant but tried to minimize the impact of his false statements. They said Nicholas and Tuttle were responsible for their own deaths.

Tuttle and Nicholas “did not die because there was a bad warrant and officers came into their house” but because they failed to listen to officers’ commands and fired at them, putting the officers’ lives in danger, said George Secrest, one of Goines’ attorneys.

“You can hate Gerald … but he’s not guilty of murder,” Secrest said.

Nicole DeBorde, another of Goines’ attorneys, suggested to jurors that Tuttle’s history of psychiatric problems might have played a role in the shooting. She also suggested evidence did show the couple were armed and dangerous drug dealers.

But prosecutor Tanisha Manning told jurors Tuttle was a military veteran who had a long history of medical problems and that he had every right to fire his gun and defend his home from individuals who had burst through his front door.

Manning said prosecutors weren’t placing blame on the other officers in the house who didn’t know about the falsified search warrant and were justified in defending themselves.

“The only person responsible for that volley of bullets was Gerald Goines,” Manning said.

Investigators said they only found small amounts of marijuana and cocaine in the house.

During the trial, Jeff Wolf, a Texas ranger who investigated the shooting, testified officers fired first when they entered the home and shot the couple’s dog. Wolf said the gunfire and Nicholas screaming at officers likely resulted in Tuttle coming from his bedroom and opening fire at the officers.

Goines’ attorneys have said that officers had identified themselves before entering the home but Wolf testified the couple might never have heard this before gunfire erupted.

Goines’ attorneys argued during the trial that it was Tuttle and not officers who was the first to fire at another person.

An officer who took part in the raid and the judge who had approved the search warrant testified the raid would never have happened had they known Goines had lied to get the warrant.

If convicted of murder, Goines faces up to life in prison.

The probe into the drug raid also uncovered allegations of systemic corruption.

A dozen officers tied to the narcotics squad that carried out the raid, including Goines, were later indicted on other charges following a corruption probe. A judge in June dismissed charges against some of them.

Since the raid, prosecutors have reviewed thousands of cases handled by the narcotics unit.

The Texas Court of Criminal Appeals has overturned at least 22 convictions linked to Goines, who also faces federal charges.

One of the other cases tied to Goines that remains under scrutiny is his 2004 drug arrest in Houston of George Floyd, whose 2020 death at the hands of a Minnesota police officer sparked a nationwide reckoning on racism in policing. A Texas board in 2022 declined a request that Floyd be granted a posthumous pardon for his drug conviction stemming from his arrest by Goines.

Federal civil rights lawsuits the families of Tuttle and Nicholas have filed against Goines and 12 other officers involved in the raid and the city of Houston are set to be tried in November.

Judge to approve auctions liquidating Alex Jones’ Infowars to help pay Sandy Hook families

AUSTIN (AP) - Conspiracy theorist Alex Jones ‘ Infowars media platform and its assets will be sold off piece by piece in auctions this fall to help pay the more than $1 billion he owes relatives of victims of the Sandy Hook Elementary School shooting, under an order expected to be approved by a federal judge.

U.S. Bankruptcy Judge Christopher Lopez in Houston said during a court hearing Tuesday that he will approve the auctions that start in November. But he said he first must change a previous order to make it clear that the trustee overseeing Jones’ personal bankruptcy case controls all the assets of Infowars parent company Free Speech Systems, which is owned 100% by Jones.

Despite the pending loss of his company, Jones vows to continue his talk shows through other means, possibly including a new website and his personal social media accounts. He also has suggested that Infowars’ assets could be bought by his supporters, allowing him to continue hosting his show as an employee under the Infowars brand in their home city of Austin, Texas.

“It’s very cut and dry that the assets of Free Speech Systems, the website, the equipment, the shopping cart, all that, can be sold,” Jones said on a recent show. “And they know full well that there are a bunch of patriot buyers, and then the operation can ease on.”

Jones and his company both filed for bankruptcy protection in 2022 — the same year Sandy Hook families won nearly $1.5 billion in defamation and emotional distress lawsuits against Jones for his repeatedly calling the 2012 school shooting a hoax staged by “crisis actors” to get more gun control legislation passed. Twenty first graders and six educators were killed in the Newtown, Connecticut shooting.

During two civil trials in Texas and Connecticut, parents and children of many of the victims testified that they were traumatized by Jones’ hoax conspiracies and his followers’ actions. They said they were harassed and threatened by Jones’ believers, some of whom confronted the grieving families in person saying the shooting never happened and their children never existed. One parent said someone threatened to dig up his dead son’s grave.

Jones is appealing the civil jury verdicts, citing free speech rights and questioning whether the families proved any connection between his comments, and the people who harassed and threatened the relatives. He has since acknowledged that the shooting did happen.

In June, Lopez converted Jones’ personal bankruptcy reorganization case into a liquidation, meaning many of his assets will be sold off to pay creditors except for his main home and other exempt property. The same day, Lopez also dismissed Free Speech Systems’ bankruptcy case after Jones and the families could not reach agreement on a final plan.

The sell-off order Lopez intends to approve would put Infowars’ intellectual property up for auction on Nov. 13 including its trademarks, copyrighted material, social media accounts and websites. Jones’ personal social media sites, including his account on the social platform X, which has 2.8 million followers, would not be included.

However, the trustee overseeing Jones’ bankruptcy case, Christopher Murray, said Tuesday that he may soon seek court permission to also liquidate Jones’ personal social media accounts and his other intellectual property — which Jones’ attorneys have opposed. That issue could develop into another court fight in the bankruptcy case. Murray also is expected to sell many of Jones’ personal assets.

The Sandy Hook families who won the Connecticut lawsuit want Jones to lose his personal social media accounts. Their lawyers further contend that the families should get a chunk of all of Jones’ future earnings to help pay off his more than $1 billion debt.

Christopher Mattei, a lawyer for the Sandy Hook families in the Connecticut lawsuit, said the judge’s signing of the auction order will be “a significant step forward” in the family’s efforts to make Jones pay for his hoax lies.

“Alex Jones will no longer own or control the company he built,” Mattei said in a statement Tuesday. “This brings the families closer to their goal of holding him accountable for the harm he has caused.”

The rest of Infowars’ assets, including computers, video cameras and other studio equipment, would be sold at a different auction on Dec. 10.

Jones has made millions of dollars over the years selling dietary supplements, apparel, survival gear, books and other items he promotes on his shows, which air on the internet and dozens of radio stations. It’s unclear how much money would be raised by selling Infowars and Jones’ assets, and how much money the Sandy Hook families would get.

Jones has about $9 million in personal assets, according to court filings. Free Speech Systems has about $6 million in cash on hand and about $1.2 million worth of inventory, according to previous court testimony.

Lawyers, financial experts and others who worked on Jones’ bankruptcy cases — who have racked up millions of dollars in fees and expenses — are expected to be paid first.

A remaining legal dispute in the bankruptcy case is whether Free Speech Systems owes more than $50 million to another Jones-owned company, PQPR Holdings Limited. Free Speech Systems buys dietary supplements from PQPR to sell on the Infowars website. PQPR said it wasn’t paid for many of the supplements and filed liens. Sandy Hook lawyers allege the debt is bogus.

If the debt is found to be valid, that could reduce any amount the Sandy Hook families ultimately get from the liquidations.

Man who waived his right to appeal death sentence is executed for killing infant son

HUNTSVILLE (AP) — A Texas man who had waived his right to appeal his death sentence received a lethal injection Tuesday evening for killing his 3-month-old son more than 16 years ago, one of five executions scheduled within a week’s time in the U.S.

Travis Mullis, 38, was pronounced dead at 7:01 p.m. CDT following the injection at the state penitentiary in Huntsville. He was condemned for stomping to death his son Alijah in January 2008.

“I’d like to thank everyone … that accepted me for the man I became during my best and worst moments,” Mullis, while strapped to the death chamber gurney, said after his spiritual adviser offered a brief prayer over him.

He also thanked prison officials and staff for “changes made across the system” that allowed “even the men on death row to show it is possible to be rehabilitated and not deemed a threat and not the men we were when we came into this system.”

He added that while he “took the legal steps to expedite to include assisted suicide, I don’t regret this decision, to legally expedite this process. … I do regret the decision to take the life of my son.” He apologized to his son’s mother, to her family and said he had no ill will toward anyone involved in the punishment.

“It was my decision that put me here,” he said.

The execution was delayed about 20 minutes while technicians worked to find a suitable vein. One needle carrying the lethal dose of the sedative pentobarbital was inserted in his right arm, the usual procedure. A second needle, rather than entering his left arm, was inserted in his left foot.

He closed his eyes as the drug began taking effect and took seven barely audible breaths before his breathing abruptly stopped. He was pronounced dead 20 minutes late

Mullis was the fourth inmate put to death this year in Texas, the nation’s busiest capital punishment state. Another execution was carried out Tuesday evening in Missouri, and executions were also scheduled to take place Thursday in Oklahoma and Alabama. South Carolina conducted an execution Friday.

Authorities said Mullis, then 21 and living in Brazoria County, drove to nearby Galveston with his son after fighting with his girlfriend. Mullis parked his car and sexually assaulted his son. After the infant began to cry uncontrollably, Mullis began strangling the child before taking him out of the car and stomping on his head, according to authorities.

The infant’s body was later found on the roadside. Mullis fled the state but was later arrested after surrendering to police in Philadelphia.

Mullis’ execution proceeded after one of his attorneys, Shawn Nolan, said Tuesday afternoon that he planned no late appeals in a bid to spare the inmate’s life. Nolan also said in a statement that Texas would be executing a “redeemed man” who has always accepted responsibility for committing “an awful crime.”

In a letter submitted in February to U.S. District Judge George Hanks in Houston, Mullis wrote that he had no desire to challenge his case any further. Mullis has previously taken responsibility for his son’s death and has said “his punishment fit the crime.”

At Mullis’ trial, prosecutors said Mullis was a “monster” who manipulated people, was deceitful and refused the medical and psychiatric help he had been offered.

Since his conviction in 2011, Mullis has long been at odds with his various attorneys over whether to appeal his case. At times, Mullis had asked that his appeals be waived, only to later change his mind.

The U.S. Supreme Court has prohibited the application of the death penalty for the intellectually disabled, but not for people with serious mental illness.

If the scheduled executions in Alabama and Oklahoma are carried out as planned, it will mark the first time in more than 20 years — since July 2003 — that five were held in seven days, according to the nonprofit Death Penalty Information Center, which takes no position on capital punishment but has criticized the way states carry out executions.

The first took place Friday when South Carolina put inmate Freddie Owens to death. Also Tuesday, Marcellus Williams was executed in Missouri. On Thursday, executions are scheduled for Alan Miller in Alabama and Emmanuel Littlejohn in Oklahoma.

A Texas county has told an appeals court it has a right to cull books on sex, gender and racism

NEW ORLEANS (AP) — A Texas county that wants to keep 17 books off its shelves — some dealing humorously with flatulence and others with issues including sex, gender identity and racism — argued its case Tuesday before 18 federal appeals court judges amid questions on whether the rights of the patrons or county officials were at risk.

Library patrons filed suit in 2022 against numerous officials with the Llano County library system and the county government after the books were removed. A federal district judge in Texas issued a preliminary injunction requiring that the books be returned in 2023. But the outlook became murkier when three judges of the 5th U.S. Circuit Court of Appeals split three ways on the issue in June — one saying all 17 books should stay on the shelves, another saying only eight had to stay, and another saying the court should leave it up to the county.

The upshot was that eight books were to be kept on the shelves. But the full court voted to toss that ruling and rehear the case. Tuesday’s arguments were heard by the 17 full-time judges of the 5th Circuit, plus Jacques Wiener, a senior 5th Circuit judge with a reduced workload who was part of the original panel.

It is unclear when the full court will rule.

Tuesday’s arguments
Judges closely questioned attorneys on both sides as attorneys supporting the county said government officials’ decisions in curating a library’s book selection amount to protected government speech.

Judge Leslie Southwick expressed concern that allowing the officials to remove certain books amounts to repression of viewpoints,.

Judge Stuart Kyle Duncan was more sympathetic to the county, noting a litany of “weeding” guidelines libraries use in deciding which books to stock based on a variety of factors from the age and condition of the book to subject matter that could be considered outdated or racist.

He raised questions of whether a library could be allowed to remove an overtly racist book by former Ku Klux Klan leader David Duke or the children’s book “The Cat in the Hat,” which has been criticized for allegedly drawing on racist minstrel show culture.
What are the books?

The books at issue in the case include “Caste: The Origins of Our Discontent” by Isabel Wilkerson; “They Called Themselves the K.K.K: The Birth of an American Terrorist Group,” by Susan Campbell Bartoletti; “In the Night Kitchen” by Maurice Sendak; “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health” by Robie H. Harris; and “Being Jazz: My Life as a (Transgender) Teen” by Jazz Jennings.

Other titles include “Larry the Farting Leprechaun” by Jane Bexley and “My Butt is So Noisy!” by Dawn McMillan.

Already divided

In June’s panel ruling, Wiener, who was nominated to the 5th Circuit by former President George H. W. Bush, said the books were clearly removed at the behest of county officials who disagreed with the books’ messages.

Another panel member was Southwick, a nominee of former President George W. Bush, who agreed with Wiener — partially. He argued that some of the removals might stand a court test as the case progresses, noting that some of the books dealt more with “juvenile, flatulent humor” than weightier subjects.

“I do not find those books were removed on the basis of a dislike for the ideas within them when it has not been shown the books contain any ideas with which to disagree,” Southwick wrote.

Also on that panel was Duncan, a nominee of former President Donald Trump, who dissented fully. “The commission hanging in my office says ‘Judge,’ not ‘Librarian.’ ” Duncan wrote.

Hiland Dairy to expand Tyler location

Hiland Dairy to expand Tyler locationTYLER – Hiland Dairy Foods Co. announced the 90,000 square-foot expansion of their facility in Tyler. According to our news partner KETK, the company said, the expansion of Hiland’s Tyler location will include “state-of-the-art processing, filling casing, palletizing, load-out, storage areas and a new laboratory.”

Hiland Dairy President Rick Beaman said, “This expansion is more than just growth in our physical footprint; it’s a commitment to the future of Tyler, We deeply appreciate the support we’ve received from the city, and we’re excited to continue providing good-paying, stable jobs for this community for years to come.”

Hiland said that the expansion is expected to be completed by the first quarter of 2026.

Fifth inmate in less than 2 months dies at Bexar County jail

SAN ANTONIO – The San antonio Express-News reports a Bexar County jail inmate’s death Sunday marks the fifth inmate to die in less that 2 months. The woman “experienced a medical episode exacerbated by her detoxing conditions,” according to the Bexar County Sheriff’s Office. Andrea Nicole Garcia, 31, was in the process of getting booked into the jail at 3:13 a.m. on Sunday when she became unresponsive. Other inmates who were in the same holding cell as Garcia noticed she did not look well and alerted nearby deputies. The sheriff’s office said they immediately called for additional medical assistance and began performing life-saving measures. First responders with the San Antonio Fire Department pronounced Garcia dead at 3:45 a.m. Investigators said they suspect that Garcia’s medical episode was exacerbated by her “detoxing conditions.”

Elon Musk’s X is putting HQ in Central Texas

AUSTIN – The Dallas Morning News says Elon Musk’s X, formerly Twitter, has found a new home for its headquarters in a city outside of Austin. The social media company — after Musk declared it was leaving California for Texas — has zeroed in on the city of Bastrop, which is roughly 30 miles east of the state capitol, according to a court filing in San Francisco. Although X has office space in Austin, it has leased the property in the smaller city to be its official headquarters and it will ultimately move its employees in the Austin office to the new Bastrop location, the filing said. Last month, X CEO Linda Yaccarino sent an email to employees announcing that X’s San Francisco office would be closing “over the next few weeks,” and those who had been working in that office would need to switch to working out of other X offices, the filing said. X has closed the California office and has taken a number of steps to officially change the address of its headquarters. It employs nearly 120 full-time employees who live and work in Texas.

“X plans to significantly grow its Texas footprint, including by opening new offices, and hiring additional X employees, following its formal headquarters change,” the filing said. Bastrop, which has a population of about 9,700 as of 2020, has positioned itself as a magnet for companies looking to expand to Texas. The city is “perfectly located in the heart of the Texas Triangle, with easy access to Austin, Houston, San Antonio and Dallas/Fort Worth’s large commercial and labor markets,” the Bastrop Economic Development Corporation said on its website. Musk has been investing in Texas. Already, electric vehicle company Tesla has shifted its headquarters to Austin from California. In July of this year, Musk posted that SpaceX, the rocket and exploration company, was moving its headquarters in the Golden State to Boca Chica, Texas, which Musk refers to as Starbase. He followed up the X post with another saying the social media company also would move to Texas. “This is the final straw,” Musk posted, linking to a separate post about a new California law that Newsom signed that prohibited mandating that teachers notify families about student gender identity changes. He said “this law and the many others that preceded it” attack both families and companies. Musk, known early on in the Silicon Valley for his work with PayPal, now sits atop the list of the world’s richest people, according to Bloomberg. Musk agreed to buy Twitter in 2022 for $44 billion, using one of the biggest leveraged buyout deals in history to take private a 16-year-old social networking platform.