Unfortunately, a “legendary” Democratic Party Judge ruled against the King Street Patriots today in a meritless lawsuit filed by the Texas Democratic Party. Shocking, I know. But true. From Joe Holley’s recap in the Houston Chronicle:
A Travis County district court judge ruled this week that a Houston-based tea party group is not a nonprofit corporation as it claims, but an unregistered political action committee that illegally aided the Republican Party through its poll-watching efforts during the 2010 elections.
The summary judgment by Judge John Dietz upheld several Texas campaign finance laws that had been challenged on constitutional grounds by King Street Patriots, a tea party organization known for its “True the Vote” effort to uncover voter fraud.
The ruling grew out of a 2010 lawsuit filed by the Texas Democratic Party against the King Street Patriots. The Democrats charged that the organization made unlawful political contributions to the Texas Republican Party and various Republican candidates by training poll watchers in cooperation with the party and its candidates and by holding candidate forums only for GOP candidates.
Obviously, King Street is going to appeal this ruling, as indicated in Holley’s recap. Here is a statement from King Street spokesman Bill Ouren:
FOR IMMEDIATE RELEASE
March 29, 2012
Contact :
Bill Ouren
Email: [email protected]
KING STREET PATRIOTS APPEALING RULING
ON NON-PROFIT STATUS
HOUSTON — The following is a statement by King Street spokesmen Bill Ouren, reacting to a Travis County district court judge ruling this week that the organization is a Political Action Committee and not a nonprofit corporation.
“While we respect the judge’s authority, we disagree with his findings on the constitutional questions on which he ruled and are aggressively appealing the ruling. It is hard to understand why the Texas Democratic Party continues to pursue this frivolous lawsuit based on a total absence of facts and complete ignorance of our organization. We are grateful that we will have the opportunity for a hearing in the Austin Court of Appeals. Until then, we wish to thank the thousands of caring citizens across Texas and around America who support our educational efforts for their good wishes.”
I can easily understand why the Texas Democratic Party is pursuing this frivolous lawsuit: (1) they had a friendly judge and (2) that is what Democrats do – try to steal elections.
So, you don’t think they had a friendly judge? Really? Seriously? Huh. Well, let’s take a look at the “legendary” Judge John Dietz, courtesy of…the Travis County Democratic Party! This blurb is dated December 1, 2009 and titled The Legendary Judge Dietz.
To help us assess this position, we turned to Judge John Dietz, a legendary courthouse figure who currently sits on the 250th District Civil Court. (The 250th and the 353rd share a central docket, so he’s particularly informed on this topic.) Dietz’s knowledge of court history in Travis County runs deep, and so does his commitment to the Democratic Party.
QUESTION: Why is it important to elect Democratic judges?
DIETZ:At one point this county was huddled up in a sea of Republicanism, but it’s a little bit different these days. We’ve had a very long, almost unbroken tradition of electing Democratic judges. And yes, that’s a good thing. Travis County courts are uniquely situated, because we’re in the Capital, that we get cases that are panoramic in scope. On the Travis County bench, you have the opportunity to get things that are weighty and panoramic.
Prediction: this ruling will be overturned. Getting a “friendly” judge in Travis County to do your dirty work might be the modus operandi of the Texas Democratic Party but that is exactly what appeals courts and ultimately the Texas Supreme Court are for. Truth and justice will prevail.
Until then, you should consider going to an actual King Street Patriots meeting and seeing for yourself what they are about. They have them every Monday night starting at 7pm.
Don’t believe the lies of the Texas Democratic Party.
Marcy says
University of Houston Law Professor Johnny Buckles blogged about the KSP case today: “Exercise Caution when Reading about Recent Ruling on King Street Patriots.” Here is the post if you are interested: http://lawprofessors.typepad.com/nonprofit/2012/03/exercise-caution-when-reading-about-recent-ruling-on-king-street-patriots.html
“The first sentence in the story in the Chronicle is unsupported by the summary judgment declarations. (At least the story’s second sentence excerpted above correctly reports the essence of the judge’s declarations.)
The declarations made by the judge, which uphold the constitutionality of several provisions of the Texas Election Code, do not reach the merits of the underlying causes of action raised against King Street. What’s more, I would expect those merits not to be addressed as long as the constitutional issues are litigated through the appeals process. I further expect a lengthy appeals process.
What should one make of this report? For now, all I will say is, it looks like someone has prematurely crashed a tea party!”
David Jennings says
Thanks, Marcy!