Fine awaits Texas Democrats
Eric Allen for News 8, Austin TX, 8/12/2003

The Texas Supreme Court on Monday refused a GOP-led request to compel the missing lawmakers to return to Austin. Senate Republicans are going for the pocket book as they try to compel Democrats to return to Austin. On Tuesday, Republicans used a provision in the Texas constitution to fine the missing Democrats for each day they continue to stay in Albuquerque.

The state constitution says the Senate can compel the Democrats to return using the rules of the Senate. The problem is that the Senate rules for the special session say nothing about fines or other penalties for breaking a quorum. Attorney General Greg Abbott supports the Republican position.

The decision to fine the Democrats wasn't easy for some Republican Senators. Sen. Bill Ratliff, R-Mount Pleasant, wasn't happy as he walked out of a lengthy closed-door meeting. At issue was how to bring the Democrats back. The decision was to make them pay. Ratliff spoke out against redistricting, walked out of a meeting with Dewhurst and didn't stay for the vote on the resolution.

"The present members of the Senate hereby impose a penalty of $1,000 per day, doubling each day, not to exceed $5,000 each day," Sen. Jane Nelson, R-Flower Mound, said.

"This was the administrative procedure that the Senate felt was most appropriate to have the absent Senators return," Lt. Gov. David Dewhurst said.

The Democrats in Albuquerque said the Republicans lack the authority to enforce the fines because it's not authorized under current Senate rules. Sen. John Whitmire, D-Houston, who is also an attorney, spoke after the Republicans approved the fines. "It's ludicrous. I'm shocked that they couldn't get better legal advice," he said.

Whitmire also made it clear he had no intention of paying the fines. If the Democrats don't return and the fines aren't paid, the Republicans promise more penalties. "We're in the process as we speak to agree on the sanctions that will be imposed," Dewhurst said.

The Texas Senate has a long history of bipartisan spirit, but this fight could destroy the good sentiments built during the regular session. "The Texas Senate is recognized as the greatest legislative body in the world and I would suggest that it's not that today," Whitmire said.

Dewhurst said any fines paid by the Democrats would go to the state's general revenue. The fines begin accumulating Thursday.

Ratliff was clearly angry and had said before hand he stood by the notion that the Democrats have a constitutional right to break quorum. Dewhurst and the Abbott both said on Tuesday the Democrats do not have that right.

WATCH THE VIDEO: http://www.news8austin.com/shared/video/player.asp?destlist=14281

US Justice officials properly ignored GOP's requests to locate Texas legislators, internal inquiry finds

By Eric Lichtblau, THE NEW YORK TIMES, August 12, 2003

WASHINGTON — House Majority Leader Tom DeLay's office pressed the Justice Department in May to determine whether federal officials had the authority to intervene in the Texas legislative redistricting standoff, but senior department officials dismissed the idea as "wacko" and inappropriate, a Justice Department report said on Tuesday.

The report from the department's Inspector General provided fresh details about the political intrigue surrounding the flight of 51 Democrats to Oklahoma three months ago, and it suggested that DeLay's office played an even more active role in the episode than was previously known.

In addition, the report found that an FBI agent in Texas assisted state officials in determining the whereabouts of two of the legislators who fled to Oklahoma rather than face a congressional redistricting plan. Investigators found that while the unidentified agent did not appear to have violated any FBI policies, he showed poor judgment by intervening in essentially a political issue...

Report: Agencies rejected most requests to find Texas Democrats
By Jay Root, Knight Ridder Newspapers, Aug 12, 2003

AUSTIN, Texas - (KRT) - When House Democrats fled Texas to block a redistricting plan in May, the FBI, U.S. Marshals and a U.S. attorney in San Antonio were all asked if federal law enforcement could step in and help.

In all but one case, the answer was "no," according to a report issued Tuesday by the U.S. Justice Department.

"We found that DOJ employees received a total of nine requests for information or assistance in connection with the absent Texas legislators," the report said. "Eight of these requests resulted in no action being taken by the DOJ."

In the other instance, already disclosed in media reports, an FBI agent telephoned an AWOL legislator at the request of state law enforcement. The agent and the legislator, state Rep. Juan Escobar, were longtime friends and former colleagues...

...The probe also revealed that a Texas Ranger contacted the FBI in San Antonio seeking information about how to conduct "trap and trace" electronic surveillance to track missing lawmakers. The FBI told the ranger that the technique required a court order...

Nixon tried something very similar back in the 1970's -- and we all know how that turned out...

1. The Texas Supreme Court on Monday refused a GOP-led request to compel the missing lawmakers to return to Austin.

2. Republican Senator Bill Ratliff, R-Mount Pleasant, has said Democrats have a constitutional right to break quorum.

3. A Texas Ranger contacted the FBI in San Antonio seeking information about how to conduct "trap and trace" electronic surveillance to track missing lawmakers. The FBI told the ranger that the technique required a court order.