Intimidation by Joe Straus Camp

by Donna Garner | December 31, 2010 |

A letter (dated 12.29.10) was sent out by Rep. Doc Anderson (R-Waco) to Rep. Larry Taylor, Chairman of the Texas House Republican Caucus. In this letter, Anderson poses a number of questions about the Constitutional illegalities of holding a Republican Caucus to select a Speaker choice.

It is obvious from the legal verbiage used in the letter that Anderson did not write it; he is a veterinarian and is not an attorney.  He was simply chosen as Straus’ pawn to submit the letter to Rep. Taylor.  (According to the Dallas Morning News, Straus gave Anderson $265,000 for his re-election campaign.)

STRAUS’ CONSULTANTS BEHIND ANDERSON’S LETTER

Anderson’s letter undoubtedly came from Joe Straus’ team of consultants.  According to Mike Hailey’s article published in the Capitol Inside Editor on 12.23.10, these include Todd Smith who is Rep. Doc Anderson’s consultant.

Smith also represents State Reps. Sid Miller, Bill Callegari, Allen Fletcher, and Larry Taylor.

Rep. Taylor had publicly stated some weeks ago that he would not call a GOP Caucus to vote on a consensus Speaker candidate.  However, under much pressure from thousands of conservatives all around the state, on 12.28.10 Taylor changed his mind and said he would hold a Republican Caucus on Jan. 10 at 1:00 P. M. in Austin.

Others named in Hailey’s article as Straus consultants are Gordon Johnson, Karen Hughes, Cyndi Krier Taylor, Bryan Eppstein, Keats Norfleet, Jason Johnson, Reb Wayne, Eric Bearse, Allen Blakemore, Craig Murphy, Chris Turner, Steve Ray, Jordan Berry. Bill Bragg, and Marc DelSignore.

Straus is a powerful man with deep-pocket gambling ties and has raised millions of campaign dollars for his coffers.  Evidently he can afford all of these consultants.

STATEMENT FROM KELLY SHACKELFORD, CONSTITUTIONAL LAWYER

When asked on 12.30.10 about the Constitutional issues raised in Rep. Anderson’s letter, Kelly Shackelford, a Constitutional attorney with Liberty Institute who has argued Constitutional cases before the U. S. and Texas Supreme Courts, stated:

This is foolishness and a clear attempt at a smokescreen for people who want to avoid the caucus.  The Texas Constitution merely requires that the official vote for Speaker take place on the floor of the House. People can do whatever they wish beforehand; that is irrelevant Constitutionally.

In other words, if the GOP Caucus wants to meet for twelve months and discuss the “price of rice in the Antarctic,” that is their prerogative just so long as they follow the Texas Constitution provisions that apply to the vote for the Speakership taken on the floor of the House on Jan. 11, 2011.

CAN NEWLY ELECTED REPUBLICANS MEET WITH CAUCUS?

Another issue raised in Anderson’s letter is whether newly elected Texas Republican Representatives can vote in the Caucus.  The answer is “Yes.”  Once a Republican is elected, he can be a part of the caucus.

CAN THE CONSERVATIVE REPS. WIN?

By my count, we now have 101 Republicans in the House with the addition of Democrats turned Republican (Reps. Pena and Ritter) which leaves 49 Democrat Representatives.  When the vote is taken on the floor of the House on Jan. 11, a Speaker candidate must have at least 76 votes to win.

In an interview on 11.23.10, David Barton explained that in the last legislative session, the Republican majority in the Texas House was only 76 to 74.

After the 11.2.10 conservative tsunami, we Texans elected a Republican majority of 99 to 51 (updated now to 101 to 49) with 82 of the 99 being solid conservatives.

If conservative Republican Dan Neil should win his recount appeal against liberal-Democrat Rep. Donna Howard, the Texas House would have at least 83 out of 101 conservatives.  It only takes 76 to elect a conservative Speaker of the House.

MY THOUGHTS — TEXAS OPEN MEETINGS ACT

I am certainly not a Constitutional lawyer, but here are my thoughts based upon pure old common sense:

Why would the caucus rules give Rep. Larry Taylor the authority to call for a caucus (i.e., at least 10 members must make the request) if the Representatives when they get there are not allowed to discuss issues because of the Texas Open Meetings Act?

I believe this “concern” as explained in Anderson’s letter is contrived and is meant to intimidate conservative Representatives into silence.

Rep. Anderson’s letter refers to the Texas Open Meetings Act, but this is what I found when I went here.

TEXAS GOVERNMENT CODE CHAPTER 551. OPEN MEETINGS

Subchapter A. General Provisions

§ 551.001. Definitions

(2) “Deliberation” means a verbal exchange during a meeting between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business.

(3) “Governmental body” means:

(A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members;

A GOP Caucus is not “a board, commission, department, committee, or agency.”  Therefore, it does not appear to me that this even applies to a GOP Caucus where no formal action will be taken — just an informal vote expressing a person’s possible choice for Speaker.

That said, what would be the harm in having an open meeting for the Caucus?  Even if the public is allowed to attend, the voting could still be taken with a secret ballot.  In fact, it would be fun for activists to get to watch and tape record the caucus debate.  Straus’ lieutenants might couch their rhetoric and their arm-twisting if they knew the public was listening to them.

VIOLATION OF TEXAS CONSTITUTION?

Rep. Anderson’s letter also states that the GOP Caucus violates Article 3, Section 9B of the Texas Constitution.  Really?  This is what that section says:

(b)  The House of Representatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election of a Speaker from its own members.

This section says nothing about a Republican Caucus.  Obviously nobody has suggested that the Caucus is meant to be a substitute for the election of the Speaker on the floor of the House which is to occur on Jan. 11.

MORE OF THE SAME INTIMIDATING TACTICS FROM STRAUS’ CAMP

Rep. Anderson’s letter appears to me to be a way for the Straus camp to try to intimidate conservative Representatives and voters across our state.

This letter is a similar tactic to the one that Rep. Chuck Hopson used when he sent out his intimidating letter on official Texas House stationery on 11.15.10.  Hopson’s letter was meant to scare the public into silence about the Speaker’s race.

This is the very same Rep. Chuck Hopson who accepted $29,500 in campaign contributions from Straus in this last general election.

Hopson is the Chair of the General Investigating and Ethics Committee; and ironically, this committee is charged with investigating whether Speaker Joe Straus’ team threatened reprisals against those Representatives who chose not to support him for Speaker!

Here is the letter by Liberty Institute Attorney Kelly Shackelford which explains that citizens certainly have every right to become involved in advocating for the person they want to be Speaker of the House:

As Speaker last session, Straus chose former Democrat Hopson as the chair of the General Investigating and Ethics Committee.

Under Craddick, Rep. Larry Phillips was the chair (80th Legislative Session).

YCT rated Phillips with a 92% while rating Hopson (81st Legislative Session) with a 35%.

The ever-vigilant Young Conservatives of Texas has asked Rep. Hopson to recuse himself from investigating Straus, the deep-pockets Speaker who gave Hopson $29,500 to help him get elected.

INTIMIDATING TACTIC USED AGAINST TEA PARTIERS

Another intimidation tactic that was used by Straus advocates occurred some weeks ago when they tried to silence the tea partiers. Because of unsettling rumors being passed among them, I sought legal counsel about whether 501 (c) (3) and 501 (c) (4) organizations can legally support a particular candidate for the Texas House Speaker’s race.  Here is what a Constitutional attorney from Liberty Institute wrote back to me:

As to Tea Parties and any c3 or c4, they are perfectly free to speak out on the Speaker race.  It is not an election; it is a legislative vote.  Speaking out on this vote is no different from speaking out on Obama care or any other bill. Supporting a candidate is simply supporting a vote in the Legislature.

Bottomline:  Tea party groups can legally support a specific candidate for Speaker of the Texas House.

TAKE HEART.  DON’T GET DISCOURAGED, TEXAS CONSERVATIVES!

I appreciate so very much the hard work and planning that the good folks in the Kaufman, Texas, area are doing.  They have come up with a great idea  – a staging area to help the tea partiers all around the state to get organized for the upcoming legislative session.

A conference room at La Quinta – Capitol (300 E. 11th Street, Austin, Texas) has been secured for Jan. 10 and 11, from 8:00 A. M. to 8:00 P. M. both days.

This staging area is not to replace any protests or rallies  planned at the capitol; it is just to have a central meeting place and staging area for all tea partiers to congregate, network, and plan for how to move forward in 2011 and beyond.

People are asked to go by the staging area, register their presence, pick up materials such as surveys and information to hand-deliver to the State Reps.’ offices. This will be especially important Monday morning, Jan. 10, before the Republican caucus to choose a Speaker.

A huge outpouring of conservatives all milling around the Capitol is a great way to get legislators’ attention.

If you need further information about the staging area, please contact Alice Linahan, –  alice@resolutemediagroup.com, 888-345-2628 Ext. 103.

GIGANTIC RALLY PLANNED FOR JAN. 11, 2011

Texas conservatives are planning a huge rally on the steps of the Texas Capitol, January 11, 2011, from 12:00 to 3:00 to say, “We want a conservative Speaker of the House; Joe Straus isn’t a conservative.”

THE EVER-GROWING LIST OF CONSERVATIVE SUPPORTERS

12.29.10 — I have updated the list of Texas House members who have said they will not support Straus as Speaker.   If I have missed some Representatives, please let me know and also send me documentation to verify their position.   Thanks.  — Donna Garner]

These members refused to sign the Straus pledge at the outset:

• Chisum, Warren
• Berman, Leo
• Christian, Wayne
• Flynn, Dan
• Taylor, Van
• Howard, Charlie
• King, Phil

These members have decided not to support Straus as Speaker:

• Weber, Randy
• Hughes, Bryan
• Laubenberg, Jodie
• Legler, Ken
• Parker, Tan
• Paxton, Ken
• Riddle, Debbie
• Zerwas, John    — 11.24.10 — Zerwas told me he is supporting Straus.
• Zedler, Bill

New members who have refused to sign pledge for Straus:

• Perry, Charles
• Landtroop, Jim
• Simpson, David
• White, James
• Sheets, Kenneth
• Burkett, Cindy
• Cain, Erwin

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Letters and Statements of Conservative Policy Organizations and Activists (CLICK to Open):

Coalition Letter Calling for Change in House Leadership:

Empower Texans : 6,200 Texans Sign Letter Calling for Change in Leadership

Resolution of the State Republican Executive Committee

Statement of Young Conservatives of Texas:

Statement of Texas Republican Liberty Caucus:

Liberty Institute Call to Action on the Speakers’ Race

Why Americans for Prosperity is Weighing in on the Speakers’ Race

Statement of Collin County Conservative Republicans

Message from Gun Owners of America

Message from NumbersUSA (Immigration)

Message from RNC Life (Pro-Life)

Cathie Adams (Texas Eagle Forum) : Straus is NOT Pro-Life

Message of David Barton of Wallbuilders (Traditional Constitutionalist)

Message from RedState.com:

Message from Gov. Mike Huckabee / HUCKPAC:

Message from Dick Armey / FreedomWorks

Texas Pastor Council : Why the Texas House Needs A Conservative Speaker

Texas Eagle Forum Alert on the Speakers’ Race

Texas Home School Coalition : Minority Mentality

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The following groups have either said they want a conservative Speaker of the House, and/or a Republican caucus, and/or a secret ballot at the Republican caucus.

• Texas Republican Assembly Board of Directors
• Texas Alliance for Life
• Kaufman County Tea Party
• Kaufman County Republican Party Executive Committee
• Rockwall County Republican Executive Committee
• Clear Lake Tea Party
• Cass County Republican Party
• Ellis County Republican Party
• Galveston Republican Party
• Travis County Republican Party
• Hood County Republican Executive Committee
• Denton County Republicans Party Leadership
• Johnson County Tea Party
• Harris County GOP Executive Committee
• Comal County Republican Party
• Bexar County Precinct Chairman
• Johnson County Republican Party
• Golden Corridor Republican Women

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DALLAS, Dec. 20, 2010 – In the opening round of a telephone poll of 28,980 Republican primary voters in 77 GOP-held Texas House districts, nearly 9 in 10 responding indicated they want the State House led by a Speaker more conservative than the previous Legislature’s choice, Joe Straus III.

“No matter which GOP district we poll, we find none where the Representative can credibly claim that his supporters want a moderate Speaker,” Michael Smith, Executive Vice President of Heritage Alliance, said.

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A PARTIAL LIST OF THOSE LEADERS AND ORGANIZATIONS WHO DO NOT SUPPORT JOE STRAUS!

Texas Conservative Digest -Monday, November 22, 2010

Michael Quinn Sullivan
President, Empower Texans

Peggy Venable
Americans for Prosperity – Texas Director

Kelly Shackelford, Esq.
President & CEO, Liberty Institute

Tim Lambert
President, Home School Coalition

Elizabeth Graham
Director, Texas Right to Life

Richard Ford
President, Heritage Alliance

Tony McDonald
Senior Vice Chair, Young Conservatives of Texas

Pat Carlson
President, Texas Eagle Forum

David Barton
President, WallBuilders
Former Vice Chair, Republican Party of Texas

Cathie Adams
Former Chairman, Republican Party of Texas
Texas Eagle Forum, Legislative Liaison

Julie Drenner
The Heartland Institute, Texas Director

Melissa Salas Blair
President, Texas Puentes Initiative

Nancy Goettman
President, Awake America Ministries

Rebecca Forest
Executive Director, Texas Alliance for America Legal Defense & Education Fund

Ann Hettinger
Texas State Director, Concerned Woman for America

Margaret Hotze
Legislative Director, Life Advocates

Peter Morrison
The Peter Morrison Report

Lou Ann Anderson
Creator, EstateofDenial.com

Carol Everett
Founder and CEO, The Heidi Group

Adryana Boyne
National Director, VOCES Action

Maria G. Martinez
Exec. Dir., Immigration Reform Coalition of Texas

Jonathan Saenz, Esq.
Director of Legislative Affairs, Liberty Institute

Rick Scarborough
President, Vision America Action

Michael Smith
Executive VP, Heritage Alliance

Dave Welch
Executive Director, Texas Pastor Council

Louise Whiteford
President, Texans for Immigration Reform, Inc

Brendan Steinhauser
FreedomWorks
Former Chair, UT-YCT

TEA Party, 9-12 and Citizen Organizers

Greg Holloway
Board member, Austin Tea Party Patriots

Felicia Craven
Houston Tea Party

Toby Marie Walker
President, Waco Tea Party

Lee Barlow
President, Erath 9-12 Project

Tammy Blair
Chair-Tyler Tea Party

Konni Burton
Vice President, NE Tarrant Tea Party

Angela Cox
President, Johnson County Tea Party

Rachel Delgado
President, Galveston County TEA Party

Ken Emanuelson
Board Member, Dallas Tea Party

Suzanne Guggenheim
Founder, The Woodlands Tea Party Society
Texas Tea Party Patriots PAC

Jennifer Heiden
President, Katy Tea Party

James V. Long
Vice President, McKinney Tea Party

Leslie Haight
Board Member, Fredericksburg Tea Party

John White
Organizer, Rockwall County TEA Party

Sharon Hall
Supporter, San Antonio Tea Party

Donna McClure
Corpus Christi Tea Party/ 9-12 Project

Jodi Maner
President, Amarillo Tea Party Patriots

Lorie Medina
Co-Leader, Frisco Tea Party

Charles Molyneaux
Board Member, Allen Area Patriots

Katrina Pierson
Dallas Tea Party

Russell J. Ramsland, Jr.
Leader – Dallas Tea Party

Elizabeth Wooldridge
President, Odessa Tea Party

Amy Knickerbocker
Coordinator, Lone Star Tea Party

Mel Moss
President, Arlington Tea Party

Ray Myers
Coordinator, Kaufman County Tea Party

Catherine Engelbrecht
President, King Street Patriots

John Tweedell
Hideaway Grassroots WTP

Marshall Holland, Chairman
Citizens for the Constitution

Jodi Maner
President, Amarillo Tea Party Patriots

T.J. Fabby
Ellis County Conservatives

Scott and Rachell McKim
Dallas Tea Party Neighborhood Coordinators
Mesquite-Sunnyvale-Balch Springs-Royse City

Danny Combs
Navarro County Conservatives

Debbie Gregory
Hill County Tea Party

Truman Trekell
Austin Tea Party Patriots

Maria Acosta
President, CenTex 9/12

Cindy and Mike Schwartz
Co-Founders, Longview We The People

JoAnn Fleming
Executive Director, Grassroots America / We the People

Steve Baysinger
Coordinator, South Texas Tenth Amendment Center

Bruce Kennedy
Board member, Austin Tea Party Patriots

Edward A. Shuler
Co-founder of Kerr County 9-12 Patriots
Associate member of Kerr County Republican Women

Michelle McCown
Board of Directors, Grass Roots El Paso

Dr. George Parker
Parker Forensics, Austin, TX

Judy Holloway
Board member, Austin Tea Party Patriots

Torin Archbold
Advisory board member, Austin Tea Party Patriots

Deborah Grimes
Board member, 912 Project Fort Worth

Michael Openshaw
Roundtable Member, North Texas Tea Party

Nicholas & Thelma Taormina
Founders, We The People Are The 9-12 Association

Karen Albright & Ann Gokey
Co-Chairs, Freestone County Tea Party

Eric and Barb Bruechner
Co-founders, Mt. Pleasant Tea Party

Roger O’Dell
Executive Director, Model Cities – El Paso

Barbara Harless
Texas Director, Articles of Freedom

Ted Mumaw
Garland Tea Party

Pamela Engstrom
Wylie Tea Party

Andrew Piziali
Board Member, Allen Area Patriots

Barry A. Schlech
VP, Texas Patriots Tea Party

Bert Mueller
President, Tea Party Films

Tony Corsaut
Wichita Falls Tea Party

John Stacy
President, NotInTexas.org

Linda & Harlon Bounds, Jr
Leaders, Ellis County Tea Party

Kelly Cooper
Chair, Prosper Tea Party

Matt Armstrong
President, Castle Hills Conservative Club

Shari Wyatt
Bastrop County TEA Party

Mel Moss
President Arlington Tea Party Inc.

Sharon Roberts
Co-Chair, National Grassroots Election Committee

Sheryl Kelly Howieson
Plano Tea Party

Jeana Blackford
Coordinator San Jacinto Tea Party (Baytown)

Republican Party leaders

Jason Moore
State Republican Executive Committee

Robin Armstrong
Former vice chairman, Republican Party of Texas

George Strake, Jr.
Former Texas Secretary of State
Former Chair, Republican Party of Texas

David L. MacEwan
President, Williamson County Republican Assembly
Vice-President, Texas Republican Assembly

Diana Fuller
SD 31, State Republican Executive Committeewoman

Barbara Mabray
Republican Precinct Chairman, Precinct 381, Williamson County
Immigration Reform Coalition of Texas, Georgetown Coordinator

Holly Hansen
Public Relations Chair, Texas Federation of Republican Women

Bonnie Lugo
SD 13, State Republican Executive Committee

Leigh Porterfield
Chairman, Shelby County Republican Party

Eliza S. Vielma
Former State Chairman, Texas Federation of College Republicans

Justin G. Till
State Chairman, Texas College Republicans

Scott Specht
President, Austin Young Republicans

Lawrence A. Wainer
Republican Precinct Chairman, Precinct 1220, Dallas County

Rena Peden
State Republican Executive Committee

Charlene Irwin
Chairman, Morris County Republican

Bob Long
Chaplain, Republican Party of Texas

Albert L. Ellison, Chairman
Bastrop County Republican Party

Steve Hollern
Former Chairman, Tarrant County Republican Party
Former President, texas Republican Assembly

Curtis McCaffity
President, Tarrant Republican Club

Sue Evenwell
Chairman, Titus County Republican Party

Ashton Oravetz, III
Chairman, Smith County Republican

Sheila Head
Chairman, Rusk County Republican Party

Robert Eggleston
Chairman, Cooke County Republican Party

Eileen Collins
Chair, Cass County Republican Party

Paul Braswell
Chairman, Republican Party of Montague County

Skeet Workman
former Committeewoman, State Republican Executive Committee

John Kruntorad
Chairman, Lamar County Republican Party

Valoree Swanson
SD7, State Republican Executive Committeewoman

Zan Prince
Parker County Republican Chair

Rosemary Edwards
Chair, Travis County Republican Party

Steve Findley
SD1, State Republican Executive Committeeman

Tom McCorkill
Republican Party Chairman, Wichita County

Michael Gallops
President, Texas Republican Assembly

Dianne Caron
SD3, State Republican Executive Committeewoman

Timothy E. Bradberry
National Committeeman, Texas Republican Assembly

Sharon Van Baale, Chair
Republican Party of Jack County

David Bellow
SD3, State Repubilcan Executive Committeeman

Clint Moore
SD7, State Republican Executive Committeeman

J.B. “Josh” Flynn
State Republican Executive Committee

Mike Barre
President, Travis County Republican Liberty Caucus

Rebecca Gregory
Past President, Hill County Republican Women

And of course, it goes without saying: Anyone and Everyone associated with TEXAS CONSERVATIVE DIGEST!

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