In Dawes v. Dallas County, a related case to the O'Donnell and Russell Harris County bail bond cases, the Fifth Circuit laid out the rules for Texas in pretrial bail. The court in essence rejects the position taken by the Democratic Harris County Commissioners Hidalgo, Garcia and Ellis, and affirms the position of DA Kim Ogg and Attorney General Ken Paxton.
The decision found as follows per Ken Good, attorney at law at
- "Bail schedules are constitutional and provide for the speedy and convenient release of those who have no difficulty in meeting its requirements."
- "Without procedures in place to give the poor an opportunity to ask for a deviation from the scheduled bail amount, federal courts will apply intermediate scrutiny. In Odell I, there was essentially no opportunity for the poor to ask for a deviation from the bail schedule which is handled by our present system.
- "With procedural protections in place, appellate review reverts to a rational basis review. This is the lowest review applied by the courts and under this review, procedures will most likely be upheld.
- "Contrary to the arguments of plaintiffs for the past four years, the federal constitution does not require release, but instead requires a robust hearing process."
This should spell the end of the felony bond jail break being attempted in the Russell case pending in the United States District Court in Houston.
Questions do remain, does Harris County get back the millions in attorney fees paid to the now losing side in O'Donnell?
That money was used to fuel similar lawsuits in Dallas County (Daves) and others. If not, the Harris County Democrat Commissioners are subsidizing attacks on the foundation of our criminal justice system. Another reason to replace them in November.
TCR Comment: Rachel Palmer's insight is also worth reading:
Harris County Republican Party
Progress Under New Leadership Chair Cindy Siegel
The HCRP under new Chair Cindy Siegel is making impressive progress. First, the return to involvement in "non-partisan" elections. Her successful foray into critical school board elections resulted in victories for pro-children education conservatives. It also placed a shot across the bow of the woke left which nationally is doing all it can to destroy our public education system.
The HCRP also led an aggressive effort to recruit candidates for 2022. Siegel also rejected efforts by some consultants to remove primary candidates from the ballot. Clearly, it is not the job of the Party to remove candidates based on specious petition challenges. Any primary candidate seeking to remove a fellow Republican from the ballot in TCR's opinion violated Ronald Reagan's 11th Commandment, "Thou shalt not speak ill of a fellow Republican."
Digital Money = Danger To Freedom And Privacy
If you follow unintended consequences of the Covid pandemic - digital money, you probably noticed many businesses only want credit cards, not cash.
It also seems the federal government would like to eliminate cash. Why is this? It says here less cash in circulation, means there will be more digital payments, making all your spending trackable. Trackable spending is the cornerstone of a self-respecting surveillance state which is incompatible with our freedom.
In "Can You Believe This" Department, New York Now Has Racist Preferential Covid Treatments
Democratic analysts John Judis and Roy Teixera reported in Friday's Wall Street Journal that New York state has published guidelines for dispensing life-saving monoclonal antibodies and oral antivirals to people suffering from Covid-19. The guideline says "whites may not be eligible for these treatments while non-whites are."
More Stupidity From County Judge Hidalgo,
Not Considering Prior Criminal Records
For Harris County Employment
This past week, Commissioners Court Democrats passed this stupid idea. It seems like it's don't ask, don't tell. As usual, they got it wrong. Full disclosure of ones prior criminal record is critical and we can still help those who want to work and are rehabilitating themselves while being consistent with public safety.
Here we go again. Accidental County Judge Hildalgo is at it again. Back to red level for COVID. The science says otherwise. Hidalgo has even suggested canceling the rodeo again. This is not responsible leadership. It is decisions by panic. She has done incredible damage to the Harris County economy and our children. Once we are rid of this feckless politician it will take years to recover.
Biden Brings Us Record Inflation,
It Impacts Your Taxes Too
Inflation rages due to runaway Federal spending by Joe Biden and his Democrat allies. John Williams of www.shadowstats.com uses the numbers based on how CPI was calculated from 1980 and 2017 (real numbers), before the politicians took out a number of factors that results in the understatement of inflation.
For 2021, actual inflation rate was 15%. It does not just result in higher prices, but inflation also drives your taxes higher.
Here is a list of federal taxes not indexed for inflation:
Perry Radoff RIP
- Mortgage debt cap to which interest is deductible
- Exemption for sale of a home
- State and local tax deduction
- Deductions for capital losses
- Thresholds for the 3.8% surtax on net investment income
- Threshold for paying taxes on Social Security payments, not adjusted since 1994!
- No adjustment for inflation's impact on investment income
Last week we lost my brother-in-law Perry Radoff at age 81. Perry was a terrific real estate lawyer, husband, father and community activist.
He was one of President Bush's thousand points of light. Perry was an impactful community leader on the issue of landlord's responsibility for crime on their properties.
He was also a veteran, serving as a Captain in the U.S. Army. He did not always agree with your Editor on public policy and politics but he was good natured, a good listener, and a respectable foil for your Editor.
Antarctica - Another World Visit
Your Editor had the privilege in December of visiting Antarctica. It has been described as the closest thing on earth to visiting another planet, and it was.
Covid was a challenge on this trip, we had five (5) Covid tests over three weeks (all negative). Travel is a privilege and your Editor urges all to do so when you have the opportunity, don't wait or you may miss one of life's great adventures.
China Is Eating The U.S.'s Lunch
And In The Future Our Dinner Too
By Brian Ettinger, Contributing Editor
The past U.S. administrations have allowed China to join the world community starting with President Nixon opening up recognition of the Communist regime, President Clinton allowing entry into the World Trade Organization, President Bush and President Obama allowing expansion of trade with China and President Trump entering a trade agreement and then placing certain tariffs on China for the cause of Covid 19. This was done with good intentions but China's communist regime plays long ball strategy as the U.S. policy changes every four or eight years and is not consistent. Now, because of building up China's industries and its economy with its cheap slave labor, stealing our intellectual property, owning our U.S. government debt and manipulation of our currency, the U.S. And other European nations created a monster. Our business industries from high technology, green energy like solar panels manufacturing cannot compete under this unfair market system. Our labor force has fallen behind due to the cost of manufacturing goods in the U.S. because of government regulations, labor cost and shortage of skilled labor. Our biggest industries, technology companies such as Apple and financial banking companies such as JP Morgan have entered into transactions with China and in the long term will do more harm to the U.S. economy and its citizens. For example, China was not affected by the financial crisis of 2008 as they did not allow our financial institutions to do business in China as they are currently doing. Now, these financial institutions do direct financial business which will include buying China's bad debt assets and if the China economy takes a financial downturn these decisions will lead to a worldwide economic situation that would make the Great Depression look like small potatoes.
Apple and other high-tech companies have entered into agreements worth billions of dollars to use Chinese labor and slave labor to build their products. When will we learn you cannot control a tiger by pulling on its tail as it has your head in its mouth and will eat you up? We need to act now by placing massive tariffs and duties on all the products coming from China and tax these U.S. companies for doing business with them. The weak leadership we currently have needs to go as China wants to be the world's dominant power and not just military but economically and considers its systems and people to be far more intelligent than we are or the Europeans. Place our nuclear weapons in our base off the coast of Japan to show China they do not have free reign over the China Sea. Let China know that Taiwan is off limits and if they fly more flights over Taiwan and interfere with this nation, the U.S. will station Air Force fighter jets and shoot down these Chinese aircraft. Start acting as a superpower that the U.S. used to be. Do not depend on the United Nations or Europeans. Next, consider not defaulting on the U.S. debt China holds but not paying off this debt until attaching all assets China holds in the U.S. to cover the cost of damage caused by Covid, the loss of life by the Chinese releasing the Covid virus on the U.S. and worldwide and not taking any responsibility. This would amount to trillions of dollars in damages. Initiate these steps NOW or watch China's domination of the U.S. and world nations and it will be too late to stop their aggressive actions. If we are not hungry and get our will and direction to stand up for our values and way of life, then China will eat our lunch and dinner.
Brian Ettinger is a practicing attorney and contributing editor to TCR. He is a strong conservative who is concerned about America's future.
TCR on the Air
Gary Polland is now a regular on "What's Your Point?" hosted by Greg Groogan on Fox 26 Houston, appearing every other week. Tune in or set your recorder for 7:00 am Sundays.
Red, White, and Blue featuring TCR Editor Gary Polland on Fridays at 7:30 pm on Houston Public Media TV 8, replaying Saturday at 6:30 p.m. on Channel 8, Monday at 11:30 pm on Channel 8.2 and on the web at www.houstonpublicmedia.org.
Red, White & Blue returns in who knows?
About Your Editor
Gary Polland is a long-time conservative and Republican spokesman, fund-raiser, and leader who completed three terms as the Harris County Republican Chairman. During his three terms, Gary was described as the most successful county Chairman in America by Human Events - The National Conservative Weekly. He is in his twenty-sixth year of editing a newsletter dealing with key conservative and Republican issues. The last twenty-one years he has edited Texas Conservative Review. As a public service for the last 18 years, Gary has published election guides for the GOP primary, general elections and city elections, all with the purpose of assisting conservative candidates. Gary is also in his 21st year of co-hosting Red, White and Blue on Houston Public Media TV 8 PBS Houston, longest running political talk show in Texas history. Gary serves on the Board of Directors of American Values, a national pro-family, pro-faith, conservative organization supporting the unity of the American people around the vision of our founding fathers and dedicated to reminding the public of the conservative principles fundamental to the survival of our nation. Gary is a practicing attorney and strategic consultant. He can be reached at (713) 621-6335.