Jul 31, 2010

Another SETPR Investigation

2 comments
In an article this week, Philip R. Klein wrote of Mark Derouen:
As well, the Review is taking a look at the campaign contribution laws. As Derouen accused Reid of irregularities - apparently Derouen accepted corporate funds which is a violation of State Election Laws.
Not true, according to the Texas Election Code, which prohibits contributions from political corporations, but not regular businesses:
CORPORATE CONTRIBUTIONS

The campaign finance law generally prohibits corporate political contributions. This restriction does not apply to contributions from professional corporations. Partnerships that include one or more corporate partners are subject to the prohibition.
Philip repeated this falsehood on his reader mail page, where he wrote the question and answered it too:
"By having contributions from a business, would that disqualify Derouen from the upcoming election?"

Answer : No - but it does violate election laws. The problem? Someone has to file a complaint. Not gonna happen - it is a Parker thing.
My prediction: look for this claim in the trash heap with Klein's other alleged weekly investigations. Isn't it time for an update on Hatch Act Investigation? 

Jul 30, 2010

Is Philip R. Klein a Pubic Figure?

5 comments
On the lawsuit page of the SET Political Review, Philip R. Klein wrote today (emphasis is mine):
Counsel for STE and OKW refuse and pass to file a brief. Counsel for Klein files their brief in front of the Texas Supreme Court on July 12, 2010.
Counsel for STE and OKW file a response barley under the deadline.
Philip's chronic dyslexia is readily apparent: John Morgan, Esq. dated "their brief " on July 21, not July 12, as Klein claims. See for yourself on the documents above, anonymously linked from Klein's site.

According to the Texas Supreme Court site:
  • Event Type:    Brief filed.
  • Description:    Real Parties in Interest 
  • Date:    7/23/2010
The briefing schedule specifies 15 days to respond with our final brief after John Morgan and Philip Klein filed their reply brief.
Relators shall file any reply brief within fifteen days after receiving real party/parties in interest brief (no later than August 10, 2010).
Our attorney, Jeffrey L. Dorelll, indeed filed our final reply brief today. Readers can decide for themselves whether we filed "barley under the deadline," since this was due on August 5 at the earliest.

Our attorneys debated the status of Philip R. Klein as a public figure.

John S. Morgan: Mr. Philip Klein is not a public figure.
Relators assume falsely that Mr. Philip Klein, individually, and the owner of PRK Enterprises, Inc., and Klein Investments, Inc., is a public figure. In considering the constitutional issues, if any, this Court should be aware that Mr. Klein is not a “public figure” as that term is defined by the United States Supreme Court in Gertz v. Robert Welch, Inc., 418 U.S. 323, 344, 94 S.Ct. 2997, 3009 (1974).

Mr. Klein is a private investigator and a professional bodyguard, as well as a part-time fireman. He holds no public office, he is not a politician, he has not run for office and his only exposure in the media have been for short spots on CNN, Fox News, Dateline NBC, and some local stations regarding specific cases that he has investigated; as well as some local talk radio appearances at 6:30 a.m. for three minutes each. Mr. Klein has drawn the ire of powerful plaintiff attorneys in Southeast Texas, because Mr. Klein was active in the tort reform movement and was a spokesperson for Citizens Against Lawsuit Abuse. At no time has Mr. Klein satisfied the standards for a public figure for purposes of constitutional analysis. In short, Mr. Klein and his companies have never sought nor obtained a role of special prominence in the affairs of society. Id. at 3009.
Jeffrey L. Dorrell: Is Klein a Public Figure (emphasis is original)?
The U.S. Supreme Court in New York Times v. Sullivan, 376 U.S. 254, 279-80 (1964), required public officials to prove actual malice when suing for defamation involving public issues. Bentley v. Bunton, 94 S.W.3d 561, 590 (Tex. 2002). Later, the court extended the New York Times actual-malice standard to public figures. Curtis Publ’g v. Butts, 388 U.S. 130, 155 (1967). Thus, whether or not Klein is a public figure is centrally important to whether he will be required to show actual malice by Relators as part of his case for defamation.

Klein’s strained attempt to deny that he is a public figure in his brief does more to prove that he is a public figure than that he is not. Again without citations to the record or any appendix, Klein claims to be a “private investigator,” “professional bodyguard,” and “part-time fireman.” Klein’s Brief, p. 8. Klein forgets that he testified in the case at bar he is actually employed as the owner and editor of an Internet website known as the “Southeast Texas Political Review” (Tab J of Relators’ petition, 5:10-21). In previous litigation, Klein has admitted that he uses this blog to regularly “publish [] commentary on local issues.” See, e.g., Klein & Assocs. Political Rels. v. Port Arthur Indep. Sch. Dist., 92 S.W.3d 889, 892 (Tex. App.— Beaumont 2002, pet. denied). Somewhat surprisingly, Klein judicially admits that he has appeared on the national television networks CNN and Fox News, the national television program Dateline NBC, and that he has regular appearances on local talk radio programs in the southeast Texas area. Klein’s Brief, p. 8. Klein admits he was “active in the tort reform movement” and was even a spokesperson for Citizens Against Lawsuit Abuse. Id. As a result, Klein admits he has “drawn the ire of powerful plaintiff attorneys in Southeast Texas.” Id.

Klein apparently fails to recognize that to determine whether he is a public figure, courts will examine whether Klein (i) actually sought publicity surrounding the controversy; (ii) had access to the media; and (iii) voluntarily engaged in activities that necessarily involved the risk of increased exposure and injury to reputation. See, e.g., McLemore, 978 S.W.2d at 572-73 (plaintiff invited public attention by becoming involved in Branch Davidian controversy); Einhorn v. LaChance, 823 S.W.2d 405, 411-12 (Tex. App.—Houston [1st Dist.] 1992, writ dism’d) (pilots engaged public’s attention in attempt to influence airborne emergency-medical-services industry). By his own admissions, Klein scores three for three. Furthermore, in at least one previous case in which the litigious Klein sued a local school district and its trustees for defaming him (after the district sued Klein for defamation first), Klein admitted in his brief he was a limited-purpose public figure.[1] Klein & Assocs. Political Rels., 92 S.W.3d at 897 (“Klein says he is a limited-purpose public figure.”). This admission proved fatal to Klein’s defamation suit, as Klein failed to make the required showing of actual malice. Id.

Klein cannot show actual malice in the case at bar, either. Klein’s oversimplified and conclusory argument that malice is shown by Relators’ “hateful and vicious comments”[2] (Klein’s Brief, p. 14) betrays an ignorance of the Court’s jurisprudence on this issue. Publishing a statement with ill will, spite, hatred, or wanton desire to injure does not constitute malice. Masson v. New Yorker Mag., Inc., 501 U.S. 496, 510 (1991); Freedom Newspapers v. Cantu, 168 S.W.3d 847, 855 (Tex. 2005). Neither, of course, does satirical parody. Hustler Mag. v. Falwell, 485 U.S. 46, 54 (1988); New Times, Inc. v. Isaaks, 146 S.W.3d 144, 161 (Tex. 2004).

As even a limited-purpose public figure, Klein must show actual malice on the part of Relators by clear and convincing evidence in order to compel disclosure of documents revealing their identity. Forbes Inc. v. Granada Biosciences, Inc., 124 S.W.3d 167, 172, (Tex. 2003). Klein cannot show even a scintilla of evidence of actual malice. Therefore, Klein cannot—at this point, at least—compel the destruction of Relators’ constitutionally protected anonymity.

[1] Limited-purpose public figures are public figures for a limited range of issues surrounding a particular public controversy. McLemore, 978 S.W.2d at 571.
[2] Klein’s Brief, p. 14.
My Commentary: Philip R. Klein is a weasel.

Philip's Fuzzy Math

3 comments
In recent postings on the Southeast Texas Political Review, Philip R. Klein has claimed that Jefferson County is bankrupt because of a shortfall in projected revenue:
We said it to you last week and will say it again this week. Jefferson County Texas is bankrupt. And the real number is going to be $21.5 million. But don't say anything.
While Philip has more experience with bankruptcy than the average citizen, his claims about Jefferson County constitute overt demagoguery. According to the Beaumont Enterprise:
County Auditor Patrick Swain received property tax values from the appraisal district Thursday. The values will be down $3,012,116 from last year after the county makes payments to Motiva and Total under a local government code agreement. Swain said he was anticipating values to be down $8 million from last year.
They'll still need to make cuts, Swain said, adding that the county needs to cut another $5 million or $6 million from its fund balance to break even.
In the reality, Jefferson County is in a much better financial position than the State of Texas:
The state government's fiscal outlook worsened Tuesday as the chief budget writer in the House said a projected shortfall facing lawmakers is at least $18 billion.

The latest estimate by House Appropriations Committee Chairman Jim Pitts, R-Waxahachie, was considerably higher than previous projections and came on a day filled with mostly bad news as Pitts' committee looked toward the looming budget crunch.
But don't say anything!

Jul 28, 2010

Cop Talk

2 comments
Philip R. Klein' claims in his latest posting:
The Review has learned that some of the county constables have contacted CLEAT for backing and assistance - only to be shut down.
Read about other things the SET Political Review has learned here.

Typically
, Klein quotes multiple anonymous sources who repeat Philip's simplistic statements from his previous postings:
"CLEAT was not there to help us Mr. Klein. They are too worried about pg off the Sheriff of Jefferson County, and not about our jobs and the people of Jefferson County," said one of the deputies in fear of their job this morning.

"Look - we are all cops. And it ps me off that we can have a ### Navy on the Neches in Jefferson County that costs taxpayers over a million and a half dollars but we are going to cut law enforcement on land? I wonder what the terrorism rate is on the water verses the land. Go talk to some folks in China or Hampshire. They will tell you that they want to see the Navy disbanded," said the source.

We spoke with two sources that do business on the Neches.


"It is overkill. I am sorry to say it. But they are as worthless as ts on a bore hog. We have the game wardens and coast guard that do a great job. These guys are running around burning gas and we have to charge our clients lugging cargo into our docks dollars. It is stupid," said the source.


Another told us : "It is a big joke around here. But what can we do? They are the government. And the government is the government. They give and they take away. We just past the costs up the ladder and you pay for it in the end. It is pretty simple," said the source.
See this article, this article, and this article.

Several times in the past, Klein has denigrated the Deputy Constables. My favorite: allegations of another so-called investigation, based on this:
Constable Joe Stevenson has put into place a program to "inspire" the employees that work for him by assigning police cars and putting his deputies names on them.
 Klein later recycled this theme into a purported investigation of Jefferson County officials under the Hatch Act.  After losing track of the original topic, Philip returned to the original subject with this gibberish:
As for CLEAT? Really? That is all we have to say RECALL CARL. BTW - how is the Walker clan working for your cops now CLEAT? ER...uh....RECALL CARL? You got yours right? Screw the Constables? Right?
Recall Carl? Low points in the English language for this article (Caution: Klein's crude language is unedited):
  • But they are worthless as tits on a bore hog.
  • A lesson learned for you guys in the rank in file POPO.
  • They are the government. And the government is the government.

Jul 27, 2010

Minimum Wage

6 comments
In his latest posting on the SET Political Review, Philip R. Klein distorts the minimum wage issue. Specifically, he quoted a fringe study, without proper citation, from a suspect group. This so-called institute is attached to a Washington lobbying firm with a long history of active campaigns against minimum wage increases:
The democrats hang their hats on it. Unions support it. And the American people - well they suffer again.

The numbers are out on the affect (s) of the increase in the minimum wage increase this past year in the first two quarters of 2010. And it is...well....not good. So here are some numbers :


Teenagers : Before the increase unemployment was 9.2%, now post wage increase 30%.

20-25 years of age : Before the increase unemployment was 8.22%, now 19%.

But it is the recession - right? Wrong.


Get these numbers :


Persons who are in the earning bracket 30k to 100k - in the same time period :

Unemployment was 5.3% now at 9%.


Persons who are in the earning bracket 101k to 500 k - in the same time period :

Unemployment was 5.4% now at 11%.
Klein meant "effects," not "affects of the increase." Here are the documents that Klein failed to properly cite.
I enjoyed this news story on the study from the NBC affiliate in Dallas-Fort Worth. I'm always suspicious when a purported academic study has a biased title referencing some "crisis."

A group called the Employment Policies Institute conducted this study. According to Source Watch:
The Employment Policies Institute (EPI) is one of several front groups created by Berman & Co., a Washington, DC public affairs firm owned by Rick Berman, who lobbies for the restaurant, hotel, alcoholic beverage and tobacco industries. While most commonly referred to as EPI, it is registered as a 501(c)(3) tax-exempt organization under the name of "Employment Policies Institute Foundation." In its annual Internal Revenue Service return, EPI states that it "shares office space with Berman & Company on a cost pass through basis".
In other words, this group is the information arm for a Washington lobbyist. Rick Berman has his own fact-checking site, just like Operation Kleinwatch. His firm has been quite active on the minimum wage issue:
EPI has has been widely quoted in news stories regarding minimum wage issues, and although a few of those stories have correctly described it as a "think tank financed by business," most stories fail to provide any identification that would enable readers to identify the vested interests behind its pronouncements.

Instead, it is usually described exactly the way it describes itself, as a "non-profit research organization dedicated to studying public policy issues surrounding employment growth" that "focuses on issues that affect entry-level employment." In reality, EPI's mission is to keep the minimum wage low so Berman's clients can continue to pay their workers as little as possible.
While the source is clearly not credible, Philip Klein further obfuscated the issue by misrepresenting the findings of this suspect source. As one example, while the study clearly references teen unemployment in only 19 states, Klein's statement implies that the "numbers are out" and the study applies to all Americans in all 50 states.

As another example, Klein stated:
Teenagers : Before the increase unemployment was 9.2%, now post wage increase 30%.
According to the study, this 30 percent unemployment figure is for those teens between the ages 16 and 17 only.

After these distortions, PRK reaches his bottom line with this shrewd example of Idionomics, which has nothing whatsoever to do with minimum wage:
The market will make the decisions on how much a person is worth. Their work ethics - and if they even show up to work. As with government employees - they are paid in increases based upon how many years of service they have had - not on performance. In the public sector their jobs are based upon what you do and how productive you are. That is why the unions have failed. They do not base anything on how productive you are - they base things on years of service. It is a mind set that is changing in the United States. The union leaders have bucked it to the point that Unions are dying. And it is what it is. You cannot press socialistic ideas such as years of service v. productivity in a capitalistic business environment. It is that simple.
Philip's simplistic analysis underscores his inability to comprehend complex subjects such as economics. For example, unions and collective bargaining are as much a part of competitive free market capitalism as are corporate profits.  In reality, Klein is arguing for laissez-faire capitalism.

Here's the real bottom line in an open economy:

Y = C + Id + G + X - M

Where equilibrium (Y) is equal to a number of determinants.* Here's a graphic display of what this means:

It's that simple.

*These determinants are:

  • Y = the equilibrium level of national income
  • C = domestic household consumption of goods and services
  • I = domestic real investment in buildings, equipments, software, and inventories
  • G = government spending on goods and services
  • X = foreign purchase of the country's exports of goods and services
  • M = the country's purchase of import of goods and services from other countries

Jul 26, 2010

Nightmare on Arnold Street

4 comments
Philip R. Klein recycles a recurring theme in this posting on the Southeast Texas Political Review:
Eddie Arnold is in serious trouble. Bad bad political trouble.
From December 2007:
Two are waiting in the wings to run the only GOPER for any seat - being Eddie Arnold.

Arnold we are told is getting a fundraiser together with some local democrats.
Arnold ran unopposed for his second term as Jefferson County Commissioner. Since he had no competition in the race, he had no fundraisers. Oops, Klein missed again.

Typically, Klein's information came from his anonymous sources:
Sources close to the GOP in Southeast Texas say anger is being heard inside the party regarding Eddie Arnold and comments he has made on air - trying to protect Eddie's pet project - the $1.5 million courthouse security. As well - his refusal to get serious concerning cut backs at the Jefferson County Courthouse.
This is apparently the same party who pulled Klein's invitation to speak to the Golden Triangle Republican Women after he attacked Commissioner Arnold earlier this year. Klein doctored an email message from Commissioner Arnold, who objected to Klein's idiocy.

In this comment in today's posting, PRK apparently used a term that he read on the internets without knowing what it meant:
In the back ground Arnold has been talking about unfunded mandates that the county must follow? Like the Navy?
Klein clearly doesn't understand the funding mechanism of the Marine Division of the Jefferson County Sheriff's Office. Nothing new here.

Hawks

5 comments
In this posting, Philip R. Klein offers little substance but lots of nonsensical opinion:
Stop the frigging presses. Everyone hold on? Maybe we woke up in Candyland this morning - but gezzzz....now all of a sudden we are in the middle of fiscal hawk land? Demanding that budgets be cut and that we have smaller government and calling upon the private sector to pick up the slack?

Hello? Where the did we wake up? Click our heals three times and take us back to Jefferson County please!
Klein presents yet another figure for the potential shortfall between revenue and expenditures in the 2011 Jefferson County budget (emphasis is mine):
We said it to you last week and will say it again this week. Jefferson County Texas is bankrupt. And the real number is going to be $21.5 million. But don't say anything.
If Jefferson County is bankrupt, so must be the State of Texas with its $18 billion budget shortfall. For dimwitted political consultants, that's "billion" with a "b."

On Friday of last week, Philip claimed the shortfall was $13.5 million:
Math - Hmm....13.5 minus 4 million in cuts is.....still 9 million. How is that courthouse security and navy looking now?
On Wednesday of last week, Klein claimed the shortfall was $8 million:
Well - the Review has learned that the smart old guys that watch your money on commissioners court have come up with a plan...uh but wait. Is that $8 million?
By the end of this week, Philip will claim the shortfall is greater than the U.S. deficit.

PRK also presented random quotes from three elected officials taken out of context. I've included the links to the articles below, so that readers can determine the proper context for themselves (the emphasis is Philip's):
FLASHBACK - ELECTION TIME - JANUARY 4, 2004 KFDM THE NEWSLEADER!


Commissioner Mark Domingue:

"Not everything that's happened is their fault but they're gonna have to prove themselves so we can at least break even if not make money at the complex, so there will not be a continuous and significant drain on our county resources." KFDM TV
Commissioner Mark Domingue:

"I think some of the expectations of reduction in force, especially the district attorney's office, our correctional facility and sheriff's office will have a hard time meeting obligations and at the same time cutting costs as drastically as the budget officer programmed."
Only Philip R. Klein would take a quote from this article and not mention the Father of Ford Park, Judge Carl Griffith:
County Judge, Commissioner Answer Questions About Ford Park

Griffith and Domingue disagreed about whether taxpayers should have been able to vote on the entertainment complex.

Griffith says no one could have predicted the economic downturn tied to September 11th.

Domingue says the issue should have gone to the voters.
From the Beaumont Enterprise:
Former Jefferson County Judge Carl Griffith in 1997 was the mastermind behind the entertainment complex.

Four years later, the county issued $55 million in bonds to pay for it. By the time the facility is paid off in 2025, the debt service will push that figure to $127 million.
By the time the facility was finished, the cost had increased to about $75 million without debt service.

In one of his Nitwit Tidbits, Philip wrote this about Carl Griffith at the same time Griffith was selling his boondoggle to the citizens of Jefferson County:
Carl R. Griffith Jr. - Oh boy. Here is our man...The leader of all leaders (and we are serious about that). The guy has his ticket written and the media loves him.
Near the end of Griffith's administration, 14 elected officials refused to participate in a management study, referenced by Klein in this article, when it became obvious that the purpose was to find ways to pay for Griffith's albatross at the expense of other departments. This study was supported by Judge Griffith and funded privately by local businesses. I've often wondered who solicited the money from those local firms that paid for the MGT performance review and how much Philip contributed.

With this perspective, consider these quotes posted by Klein (emphasis is Philip's):
Judge Layne Walker :

Judge Layne Walker of the 252nd District Court has notified the county's purchasing agent that he will not participate in what he calls a "political, overreaching, self-serving maneuver by our county judge to once again deflect the true blame for our county's financial crisis. The purpose of this study is to point fingers at innocent people, thereby shielding himself from the pathetic choices made while serving as county judge."


Walker says he realizes that he is subject to political retribution from Griffith, but believes it's time for people to "stand for what is right, true, and just."

Walker concludes by saying, "the result of the bogus study will be that innocent people will lose their jobs and Griffith will be able to blame the study instead of himself."

District Attorney Tom Maness:


"This is not about the study--it's far from it. There's not an elected official here who wouldn't willingly, assuming they had trust and confidence in the fourth floor, in Judge Griffith and his office, would welcome the study. And I can almost assure you that if Judge LeBlanc were still judge, or Judge Leonard Giblin were still judge, that wouldn't be any problem at all. As a matter of fact, if they decided to do something of this nature, they would call all the elected departments, talk about it, see the best way to do it. I've never been called; I've never been asked my opinion about it. The judge continues to say there's millions of dollars. We'll, he hasn't told me where it is in my shop."
Klein posted only one link in this article, which led readers to the MGT performance review. :
Remember the Management study? You know - this one that predicts what was to come if the county went out of control spending. It was supported by local businesses and did not cost the county a dime. And those sitting in office - 14 elected officials that did not participate because they knew better?
Even the most cursory examination shows Klein hasn't actually read this document. Echoing Judge Layne Walker's comments, the performance review found that under Judge Griffith's administration (emphasis is mine): 
Jefferson County’s revenue growth has been sluggish in recent years, yet its expenditures rose in all but one year since fiscal 1999. Consequently, the county has experienced repeated budget deficits since fiscal 2000.

To finance these deficits, the county has relied heavily on its fund balances. The General Fund balance fell from $25.4 million in fiscal 1999 to $5.1 million in fiscal 2004, a drop of 80 percent. The Government Finance Officers Association recommends that governments maintain an unreserved fund balance of 15 percent of general fund expenditures or two months of general fund operating expenditures.

In addition, Jefferson County’s Enterprise Fund has been operating in the red.

From fiscal 2000 to fiscal 2004, the airport ran a deficit averaging $1.7 million per year, while Ford Park’s deficit ballooned to $3.6 million in fiscal 2004. These deficits are partly financed by transfers from the General Fund, thus increasing its problems.
As shown in another recent article, Klein is clearly confused about the nature of the unreserved balance in the general fund, which he has called the "rainy day fund.  Regarding Judge Griffith's legacy to Jefferson County, the study made these conclusions regarding administration of Ford Park under Judge Carl Griffith.
Shortly after the project began, the nation entered an economic downturn that affected the park’s financial prospects. In addition, the park has been plagued with management problems, including flawed financial projections, poor record-keeping and underestimated funding  requests. The county has not yet developed a long-term strategy for the park.
 Klein mentioned none of this, but instead made this bizarre claim:
This is just too sweet! And there has been only one group that as been warning of this for years - it is us.

Right now there are business leaders that are looking for Carl Griffith to bring us out of this mess. But you voted for it....and you got it.
How's that divorce going?

The Idiot and the Sea

1 comments
Philip R. Klein admitted ignorance in this posting from two weeks ago (emphasis is mine):
Well - the Marine Division - which is the Jefferson County Navy - a part of the Jefferson County Sheriffs Department. Why this is not a part of the SO budget...well we do not know. But it is here and you the taxpayers are paying over a million dollars for boats to cruise the Neches River looking for Amada or Rashid - or someone drinking a cold beer on their boat.
I explained in my response that the Marine division of the JCSO is funded through a tariff at the Port, not by taxes from local residents. See the Intergovernmental Agreement here.  Last week, Philip wrote:
Jefferson County Sheriff Mitch Woods told the commissioners court that taxpayers don't pay for the Jefferson County Navy...He tells commissioners that the money comes from a freight tonnage fee (tax) to ships that park up and down the Neches. Uh.....wait? Who is going to pay the "fee" (Tax) - business who does what? Passes the cost (s) to you? Really Mitch? Come on!!!
As I pointed out, most traffic at the Port is international in nature and engaged in exports. The fees are paid by foreign companies, not local citizens. Here are the current ships in dock at the Port of Beaumont, according to the Beaumont Enterprise:
Port of Beaumont: Alexandria, Greece, wheat for Brazil; Josco Suzhou, Hong King, inbound with steel billets; Sonja C, Isle of Man, potash for Guatemala; Potosi, Antigua and Barbuda, potash for Mexico.
Of four ships currently in dock, all are under a foreign registry and only one from China has inbound traffic. Quoting another writer who first ridiculed ignorance anonymously under the name Mark Twain:
[He] was endowed with a stupidity which by the least little stretch would go around the globe four times and tie.
 Another fine example of the Philip R. Klein School of Idionomics.

Jul 23, 2010

Nitwit Tidbits

7 comments
Okay, let's get going:
Coon - Lot's of emails. No we are not picking on him.
Yes, "they" are.
The Number - Shhhhhh....we are in act one - it just finished. Now we are going to act II - this is called the "Whine" - the number is............13.5 million short. Watch for that to drop Monday.
To be revisited after Monday. In the meantime, I'm still waiting on this update:
Sources in Austin tell the Review that the senator [Robert Nichols] has opened warfare on the City of Port Arthur.

Gezzzz.....we will keep you updated on this.
As noted, this was another of Klein's blatant lies.
Math - Hmm....13.5 minus 4 million in cuts is.....still 9 million. How is that courthouse security and navy looking now?
Klein is still confused about funding for the Marine Division of the Jefferson County Sheriff's Office. See this story for the latest version of Philip R. Klein's Idionomics.
Like Type - Jefferson County Budget increase over 4 years - 30 million or 29.2%. Hardin County in 4 years - 3 million less than 2%. Layoffs in Hardin? Not gonna happen. Get the drift?
Actually, Philip missed the "drift." Hardin County won't have many layoffs, since the primary economic base of Hardin County is Jefferson County. Depending upon the phase of the moon, Philip has claimed budget increases in Jefferson County of 40 percent or more over the past five years.
Eddie Looking Bad - We had this sent over to use from a media guy. Said he thought it told the story - reminder to you GOPERS - Arnold voted FOR EVER BUDGET OVER THE LAST FOUR YEARS. Massive government growth. Such the silence and the "look" :
I'm not sure Commissioner Arnold looks bad, but I'm certain that Klein looks stupid when he writes, "Arnold voted FOR EVER BUDGET...."
Dancing With The Devil - When you dance with the devil...you get....the devil. It is what we have warned Arnold about for years.
The Operation Kleinwatch Corollary: When one dances with the Devil, one often ends up two-stepping with Philip R. Klein.
Oh Please - Notice how quiet City Council has been in Beaumont? What is up? When it is quiet it is.....well...you know.
It's only been quiet for those not paying attention. See here, here, and here for three examples.
Airport Junk - Here is a good one. Domingue needs a few more years to help his retirement account and help him.....well....you know. Yes, the same Dominuge that got kicked out of office by Brent Weaver. So he goes on a trip with incoming judge Jeff Branick. Now rumors fly he will "take over" the Jack Brooks Airport. Hal? Bye bye?
To be revisited, although I'm not sure whether Klein meant Commissioner Mark Domingue, or Dominiuge, the homeless guy who sleeps in the lot behind Philip's office on Nederland Avenue.
Speaking Of Brent Weaver - "My name is chuck and that's not my muck" Weaver is nowhere in site? Not a peep? Huh?
Klein's ignorance of simple civics is showing again - why would Brent Weaver have anything to do with this budget, since he doesn't take office until 2011? . 
Media Needs - FOX 4 is KILLING the others over breaking stories. What is up with that?
Apparently, their ratings haven't caught up. For a great example of Philip's claim, see this breaking story where an "editorialist" claimed that Jefferson County is bankrupt without being questioned. He claimed the City of Beaumont was bankrupt in April.  The integrity and accuracy of the "breaking story" is apparently not as important as presenting confused, misleading, and often false claims first.
Building For Sale - We hear the Beaumont Enterprise building will go up for sale "pretty soon." Got that from a realtor. We will believe it when it happens. Downsizing still. Maybe if they...
Philip also claimed, among other things, that the Beaumont Enterprise would be an insert in the Houston Chronicle and a employees would stage a mass exodus at KFDM.
Constables - Furious. And we kind of agree. They do a great service. But the bottom line is this - pet projects first guys. You didn't listen to us - we told you it was coming!
What Klein really said:
The constables. Yes they do. They are going after the cops that serve paper for the courts. Which if were for real would be okay - if they cops would get out on the streets and do their thing.
Nine constables think the budget cuts are for real, but Philip was for the staff cuts before he was against them.

I particularly enjoyed this observation this week:
Remember - in the past four years they (commissioners) have increased the budget close to $40 Million Dollars a year to the tune of $73 million more taken out of the SET local economy in four years.
According to the Philip R. Klein School for Idionomics, $40 Million is equal to $73 million.

Lagniappe:  Philip Klein and his Attorney, John Morgan, Esq, filed their Reply Brief with the Texas Supreme Court this week. I'll post the documents, after we verify that the version posted by Philip is the version that was actually filed with the court.

This reply brief states:
Relators filed an Appeal to the Ninth Circuit Court of Appeals in Beaumont, Texas.
Sam and I (the Relators) filed an appeal in the Ninth Court of Appeals, a Texas state court. The Ninth Circuit Court of Appeals, a federal court, is in San Francisco. An important part of our legal strategy is to know which court we're currently in.

Jul 22, 2010

Symptom Two (A Continuing Series)

9 comments
Philip R. Klein's latest posting on the Southeast Texas Political Review is inenarrable and has little redeeming content; it's primarily a personal attack on local attorney Brent Coon based on Klein's personal grudge. However, PRK wrote near the end of the article:
But again - it is just our "Opinion" read by over 40,000 readers a week...
Philip's latest poll about himself generated only 55 votes after three weeks, not what one would expect from a site that has over "40,000 readers a week." Two sites that monitor website traffic corroborate each other, but not Philip's claims:

The Diagnostic and Statistical Manual of Mental Disorders defines Narcissistic Personality Disorder (301.81) as:
A pervasive pattern of grandiosity (in fantasy or behavior), need for admiration, and lack of empathy, beginning by early adulthood and present in a variety of contexts, as indicated by five (or more) of the following [symptoms]:

2. is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love
To be continued. Read the rest of the articles in the series.

Denial (Klein's Idionomics Strike Again)

5 comments
Philip R. Klein has uncovered another conspiracy in Jefferson County, as detailed in his latest posting on the Southeast Texas Political Review:
We told you. We told you. We told you. We told you. And we told you. And it has begun - the excuses for why government cannot cut back. Meaning - get your frigging check books out - residents of Jefferson County and Business are now witnessing the FINAL ACT of Jefferson County and its financial health.

Well - the Review has learned that the smart old guys that watch your money on commissioners court have come up with a plan. And it was what we told you months ago they were going to do. So here is the plan for you in the media that want to write your page six story - or your blurb story after the weather.


The Plan :

  1. Cut into the "Rainy Day Fund" - take almost all of it.
  2. Increase Fees and Taxes
  3. Get rid of political foes and neuter their staffs.
And there you have it - uh but wait. Is that $8 million?
Klein's $8 million reference shows he's not remotely familiar with the facts. The county will end its fiscal year with $21,017,129 in its rainy day fund, more properly the unreserved fund balance. See for yourself. Likewise, I'm not sure how getting "rid of political foes and neuter[ing] their staffs" will reduce the budget deficit, but this apparently makes sense to Philip R. Klein.

The real story: Jefferson County is predicting a shortfall of $8 to $20 million; Commissioners will have better definition at the end of the budget hearings. Here are some steps taken so far:
I suspect that if Klein had any real insight into the budget process, he would have mentioned cutting the Jefferson County library and 9 constables positions.  I'm sure he'd learn more if he actually attended the hearings, rather than just manufacturing a story to cover his ignorance of the subject matter.

Jefferson County is in a better position that the State of Texas, who faces a budget shortfall of between $11 and $18 billion (that's billion with a "b", Philip):
$11 billion budget shortfall projected for Texas

John O'Brien, director of the Legislative Budget Board, told a legislative committee Monday that the estimate is conservative and could grow to as much as $15 billion.

The shortfall is a result of several factors, including lower-than-expected sales tax receipts.
State agencies have submitted proposals to cut their current-year budgets by 5 percent, as requested by Gov. Rick Perry. Those savings will only amount to about $1.7 billion, O'Brien said.
According to the Wall Street Journal, this shortfall could amount to about 20 percent of the overall Texas state budget:
But as the state's budget shortfall widens—to as much as $18 billion, or about 20% of the next two-year budget, according to the state legislature's latest analysis released earlier this month—critics are complaining that Mr. Perry's policies have left the state with little room to reduce spending.

"There is no way that they will be able to come up with $18 billion in cuts," said Eva DeLuna Castro, a senior budget analyst at the Center for Public Policy Priorities, a nonprofit that advocates for low-income Texans. "They would have to shut down our prison system."
Likewise, almost every state is having similar budgetary problems. See for yourself. The contributing factor, a worldwide recession, is obvious to most rational adults. Yet, Philip R. Klein published this comment  in 2007 just before the bottom fell out of the economy:
"It is the economy stupid. And it is doing pretty good."
In that article, I pointed to a number of factors that proved the economy was shaky.  As another example of Klein's confusion, he admitted he didn't know what he was talking about in this posting two weeks ago:
Well - the Marine Division - which is the Jefferson County Navy - a part of the Jefferson County Sheriffs Department. Why this is not a part of the SO budget...well we do not know. But it is here and you the taxpayers are paying over a million dollars for boats to cruise the Neches River looking for Amada or Rashid - or someone drinking a cold beer on their boat.
As I pointed out at the time, the Marine division of the JCSO is funded through a tariff at the Port, not by taxes from local residents. See the Intergovernmental Agreement here.

In this latest article, Klein's ignorance of the Marine division is again evident:
Jefferson County Sheriff Mitch Woods told the commissioners court that taxpayers don't pay for the Jefferson County Navy. You know - the marine division that was a MUST!!!! Had to have. Big boats with 50 caliber (giggle) machine guns on the front of it - all the while only three mid-night patrol cars on the streets of Jefferson County. He tells commissioners that the money comes from a freight tonnage fee (tax) to ships that park up and down the Neches. Uh.....wait? Who is going to pay the "fee" (Tax) - business who does what? Passes the cost (s) to you? Really Mitch? Come on!!!
Klein still exhibits profound ignorance of the real issue. Most traffic through the port is international in nature, so the bill is being paid by foreign companies with a tariff on our exports, not local taxpayers. PRK's bottom line:
HELLO DEPARTMENT HEADS - JEFFERSON COUNTY IS BANKRUPT. End of story.
While Klein has a great deal of experience in this area, the county is not even close to bankruptcy, nor is this being discussed by anyone but Philip R. Klein. KBTV Channel 4 should have questioned Klein on this when he repeated this lie several times during his "commentary" (I use the term loosely) this week. This is unethical.

Jul 20, 2010

Somewhere Over the Cuckoo's Nest

2 comments
On the SET Political Review Reader Mail page today, Philip answered his self-written question:
Most that I have come across like the writer that writes me about once a month (twice this month) like to challenge me in what I write. But they are too scared to sign their names. Then they get frustrated and call names. Funny thing - they have an agenda but then again maybe not so much. I think they are just confused. So a play with them a little. It gets their blood going and you always know when - when they call names.
In yesterday's "reader mail," Philip wrote:
Since I do not read [Operation Kleinwatch] - and cannot comment due to litigation - this is the machine in Jefferson County. They fear and will attempt to do anything they can to stop anyone from running against them or say anything about them. But they don't have the guts to sign their names or be proud of their stance. Think about it - if you are a baby killer are you going to stand up and say I AM A BABY KILLER and be proud. It is the example of honorable guys like Chairman Adams v. a wus like OKW. Throw a rock and run like a little school girl.
A description of Narcissistic Personality Disorder (NPD) notes:
Vulnerability in self-esteem makes individuals with this disorder very sensitive to criticism or defeat. Although they may not show it outwardly, criticism may haunt these individuals these individuals and may leave them feeling humiliated, degraded, hollow, and empty. They may react with disdain, rage, or defiant counterattack.
According to the World Health Organization, this criteria must be met when diagnosing NPD:
  1. markedly dysharmonious attitudes and behaviour, involving usually several areas of functioning, e.g. affectivity, arousal, impulse control, ways of perceiving and thinking, and style of relating to others;
  2. the abnormal behaviour pattern is enduring, of long standing, and not limited to episodes of mental illness;
  3. the abnormal behaviour pattern is pervasive and clearly maladaptive to a broad range of personal and social situations;
  4. the above manifestations always appear during childhood or adolescence and continue into adulthood;
  5. the disorder leads to considerable personal distress but this may only become apparent late in its course;
  6. the disorder is usually, but not invariably, associated with significant problems in occupational and social performance.
Disclosure Statement: In the interest of fairness, I have called Philip names upon occasion, including but not limited to fat private investigator, idiot, cretin, and muttonhead. In all cases, these references described actions and opinions expressed by Philip R. Klein.

For more information:

Shock (TWI again)

5 comments
In another case of typing while intoxicated, Philip R. Klein posted this article on the SET Political Review:
This is one of those that you just cannot make up. Seriously. It is about as crazy as it gets.

This past week County Judge Ron Walker took Independent candidate for Justice of the Peace Marc Derouen off the ballot for certain pages that he says that were no signed or signed in the wrong place. Thus starting attorney's for Derouen to prepare to take the case to the 9th court and politically painting Derouen as a scared democrat trying to take out his opponent from the race.
Fact check: Derouen captured the Democratic nomination during the primaries, while Robert Reid is the independent candidate who was taken off the ballot. Reid would properly appeal Judge Walker's decision, not Marc Derouen.

I'm sure Philip will change this once he sobers up and reads my article, so here's a screen shot to preserve the moment for posterity:

The rest of the article is gibberish, too, but Klein clearly doesn't know what he's talking about.

Another Blow

3 comments
In his latest posting on the SET Political Review, Philip R. Klein's previous prediction comes true:
Reporter and morning Anchor Jessica Holloway has left KFDM for greener pastures according to two sources over at KFDM. She leaves as the company and the newsroom continues to struggle with cut back budgets and being pounded by the other two stations in the gathering of news.
From March 26, 2010:
KFDM Loses Another One - Ashley Rodrigue is gone gone gone. It seems (according to our sources) Ashley is going to Baton Rouge (LSU Baby!) and will take a reporters job. More money - bigger market for a talented young lady. They are really bailing now.
From April 16, 2010:
KFDM - Keep your ears open next week. Here come the changes. Watch for a mass exodus.
Apparently, this slow-motion mass exodus includes two reporters in five months. By my calculations, the entire staff will be gone by August 2037.

Jul 19, 2010

Summer of Crime

3 comments
In this posting on the Southeast Texas Political Review, Philip R. Klein recycles some old material (emphasis is mine):
Last week we mentioned it - that is - the summer of crime that seemingly had gripped Jefferson County, Texas.
Almost every summer, Philip predicts a long "summer of crime" at some point. When crime was especially low during summer 2009, he published this mea culpa (emphasis is mine) at the end of August:
Officers with the Port Arthur Police Department report that the summer of crime predicted in Port Arthur was not as bad as everyone thought it would be during the spring crime spree.
Note that Philip was the only person predicting a "summer of crime." I'm not sure how anyone could confuse this gibberish with serious political commentary:
Can you say wow! A few homicides - some bodies hanging around that have been out in the woods - and drive-bys....which are nothing but usual? 

Did we mention the record about of robberies this past week?


Where did that money come from? You and I - and we are left. Everyone other has left.


Yes - we agree that the DA's office sucks.


Yes - there are some very happy county employees......opppss....there were.
Typically, Klein misstates the facts:
Did we mention employment? The HIGHEST UNEMPLOYMENT RATE IN TEXAS. Over 11.9% of the public is unemployed.
In this case, he's off by roughly a percentage point, according to the numbers published in the Beaumont Enterprise:
Employment is up in Southeast Texas by 600 jobs for June, but so is the unemployment rate - to 11.2 percent...
Neither does Beaumont/Port Arthur have the highest unemployment rates. According to the Texas Workforce Commission, Jefferson County is third and McAllen again topped the state at 12.2 percent. This ranking has been the same for the past three decades.

Keep moving, please. There is no intelligent life here.

Symptoms of the China Syndrome

3 comments
Philip experienced a meltdown this morning - one can always tell through his abusive language, confusion over "I" and "We,"  and frequent lapses into incoherence. By 9:50 AM, he had published two messages on his Reader Mail page which dealt directly with Operation Kleinwatch.

In the first message, he published without citation a comment left on a Beaumont Enterprise editorial. I addressed the actual comment here. Philip wrote: 
Perfect example. This is how they think. Anything it takes to kill the indepedent. Since I do not read the site - and cannot comment due to litigation - this is the machine in Jefferson County. They fear and will attempt to do anything they can to stop anyone from running against them or say anything about them. But they don't have the guts to sign their names or be proud of their stance. Think about it - if you are a baby killer are you going to stand up and say I AM A BABY KILLER and be proud. It is the example of honorable guys like Chairman Adams v. a wus like OKW. Throw a rock and run like a little school girl. Side bar - if Reid goes back to court and wins - he is now the front runner. Derouen has political baggage now.
In Klein's next response, he tried to defend his lie concerning Senator Robert Nichols. I exposed that here. He wrote (I've redacted his crude and profane language, and the emphasis is mine):
We love it. This is what happens when you call them out. Are you stupid? Or maybe you were still having mommy change your PoPo diaper four years ago when Patrick Swain told commissioners court BEFORE THE ELECTION that the county was in terrible financial shape and that everything was horrible and terrible - then amazingly after the election there was millions in surplus (that is called over taxation)? Oh...all the time working the polls and running push cards for Ron Walker? You know - the independent from politics that is hired by the county district judges that let him get away with it? Really - if you are going to send a letter to us - don't try and change history. As for the Senator - that is funny - really funny. I guess we spoke to staff that....well....hmmm....we have to trust you right? Once again - stupid.  I will take my weasel and raise you a ...... dumb ? This folks is another example of political stupidity. Side bar - this letter is not signed as usual. He / she is a regular hate writer but we like them because they are so politically silly.
The notion of Philip Klein calling anyone stupid seems surreal, but no other commentary is necessary.

Jul 18, 2010

Another Bald-faced Lie from Philip R. Klein

13 comments
In an article on the Southeast Texas Political Review last week, Philip R. Klein wrote:
Oh boy. We all knew Port Arthur did not want the big biker rally. And frankly we do not understand why a biker rally would come to Port Arthur? Kind of silly huh? But the story has taken a bad turn this week when Austin political forces got an earful from State Senator Robert Nichols.

The short story? According to organizers, Senator Nichols did a motorcycle ride down to the rally this past week in Port Arthur. He crossed the bridge and came to the gate (s) where the event was held. He was wearing his nice leathers and had a cool jacket on due to the rain he came through. He was stopped by a police officer at the gate - one from reportedly chambers county. The officer - not knowing who the senator was - asked him if he had a weapon on him. He replied to the officer that he could not ask him that question - to which the officer said - no I can't but I don't have to let you in and "we don't like your kind around here."


Uh....oh......


So the Senator simply drove off and down the road.......and.....well you can guess the rest.


Here we go.


Sources in Austin tell the Review that the senator has opened warfare on the City of Port Arthur. He has staff looking over issues that "cover Port Arthur." Meaning - it is going to be a rough time for those Port Arthur Delegates that will be going to Port Arthur Day in Austin this next year. If you know what we are saying.
Fact Check: Senator Nichols was at his lake house on July 2, 2010, and hasn't been to Port Arthur in years. He knew nothing about this purported incident, nor did he know that Philip R. Klein splashed his name across the Southeast Texas Political Review.

Verify for yourself through Senator Robert Nichols' office.

I have some questions:
  1. Did Klein simply invent this story?
  2. If not, did Philip know this story wasn't true before publishing?
  3. If truly based on Klein's "anonymous sources," were these "sources" setting Philip up?
  4. Instead of checking with his spurious "sources in Austin," why didn't Klein simply call Senator Nichols' office and verify before unethically posting on the Southeast Texas Political Review?
Philip wrote:
Gezzzz.....we will keep you updated on this.
I'm really looking forward to this update - to be revisited.

Jul 17, 2010

The Rajun Cajun (RC)

1 comments
The Beaumont Enterprise published a pro and con editorial concerning Marc Derouen and Robert Reid.

RAJUN CAJUN (RC) responded with a comment that included a quote from my previous posting. I've split this comment into two pieces, since my blog and the JP race are two different issues. RC seems to be obfuscating one issue with the other: 
Cut and pasted from the Blog site Operation Klein Watch 2010 "Philip R. Klein, self-proclaimed political consultant, can't recognize a shrewd campaign strategy when he sees one. Why should any candidate waste money on a potentially expensive campaign when contesting irregularities in an application can eliminate an opponent? "

Maybe because all Americans, not just Democrats, have a constitutional right to VOTE for the candidate of their choosing. A peak under the veil of this blog exposes one of its main contributors, no need to go further, but it speaks volumes to the mind set of the political machine running for the JP office in Pre. 2.
On this subject of my blog, RC implied that I have a personal interest in this matter, but not the nature of this interest, how RC managed to "peak [sic] under the veil of this blog," or how RC "exposed one of it's main contributors."  I suspect RC has indulged in Philip R. Klein's prune-flavored Kool-Aid.

Actually, there is only one contributor to this blog and the buck stops here. Mr. Cajun's anonymous argument seems inconsistent, but I certainly agree that all Americans have a constitutional right to vote for the candidate of their choosing.

When one votes in the November Precinct 2 JP race, a voter can write in Robert Reid, Philip Klein, or any other name. Mickey Mouse received several thousand votes during the last presidential election, based on his write-in campaign. I'm certain that even Philip Klein would receive a few votes during a write-in campaign - I'm reminded of statements on fooling the electorate by Presidents George W. Bush and Abraham Lincoln.

As such, this case has nothing to do with whether the rights of RC or Precinct 2 residents were abridged because Reid was removed from the ballot. Instead, the issue is whether Marc Derouen followed the proper rule of law.

The rest of RC's comment corroborates this confusion (emphasis is mine): 
By his own admission Mr. Derouen has bragged about the tremendous financial war chest he has accumulated so if he doesn't have to run an expensive campaign where does the money go. Not to worry, Mr. Derouen DOES have the experience of running a campaign where the monies collected didn't need to be spent on the campaign itself. Should make for another heck of an election night party. The real question remains: Why would Mr. Derouen expose himself to the extreme risk of negative publicity, already being encounter by HIS challenge of Mr. Reids petition, if he has the Democratic Party Machine behind him(including by some observers the most astute politician in Southeast Texas, Former State Sen. Carl Parker) a massive (by his own admission) campaign war chest with which he can easily out spend any opponent two to three maybe four times to one, and has the backing of the voters of Pr. 2 ? Maybe he just likes to throw big election night parties or MAYBE he knows he doesn't have the backing of the voters of Pr. 2 in this horse race. Kind of strange, the injured horse shoots the healthy horse and wins the race. Hopefully not only in America and not in Jefferson County.
I had a hard time following RC's logic, but the real questions are as follows:
  1. Did Robert Reid submit an invalid petition according to Sec. 141.064 of the Texas Election Code?
  2. Can Reid be removed from the ballot after his petition is certified according to Sec. Sec. 141.032.
  3. Does Judge Ron Walker have the authority to remove Reid from the ballot, according to Sec. 142.005.
I've addressed most of this here and here.  One would expect a judicial candidate to follow the proper rule of law in filing a petition and application for a place on the ballot.  In my opinion today, Marc Derouen's case seems sound.

If not, Robert Reid has a capable attorney, Rick Williams, who can proffer an opposing argument.  As someone who enjoys politics as a spectator sport, I'm looking forward to watching this unfold in the proper venue and hearing Reid's legal arguments. If Reid can demonstrate that Derouen's arguments lack merit, I reserve the right to change my opinion.

Putting all of this into perspective, Derouen's ballot challenge is standard Texas politics and not limited by party or county.
Like many of Philip R. Klein's postings, JC's argument relies on fallacious logic, specifically red herrings, straw men, and an appeal to emotion. Perhaps it's better to examine the objective arguments in this case without introducing speculative and inflammatory rhetoric into the mix to confuse the real questions.

Jul 16, 2010

The Ever Changing Story

13 comments
Last week, Philip R. Klein described the irregularities in Robert Reid's petition for a place on the ballot in the Jefferson County Precinct 2 Justice of the Peace race (emphasis is mine):
Well the Review went to the court today and found that there are two reasons - FIRST : Reid did not put his name in a blank on a page when he turned in his ballot (yes we are being serious) and SECOND : He signed his name in areas to which he should not have signed his name (yes we are being serious again).
Klein's description didn't match that of reporter Mary Meaux with the Port Arthur News, who named her source:
According to Derouen, a candidate is required to take an oath to attest that he witnessed each individual signer place their name on the petition. But Reid had at least three other people helping circulate the petition thus meaning Reid himself did not witness each signature.
After I pointed this out on Wednesday, Philip published a new "editorial" (I use the term loosely) on Thursday where he changed his story (emphasis is mine):
5) Derouen hired a Parker and another attorney (Lewis).

6) They got a petition and ran around asking people if they had signed it and canvassing the signatures.


7) They got eight of a number that would put Reid below the mandated number to run and got them to sign affidavits saying that Reid was not there during signature time and there was two signatures in the wrong place.
This is an excellent example of why Philip refuses to archive his older stories for public review (pun intended).

Philip R. Klein also revealed his personal agenda in this posting (emphasis is again mine):
As I have met Mark a few times, once when he served me with the Gilliam lawsuit papers, once at a function (to yes I made a very rare public appearance) and once maybe around town or at the courthouse. I have always thought of him as a nice young man - although very stand offish - as many are that do not understand the political game.
Since the Gillam v. Klein suit has no relevance whatsoever to the race for Justice of the Peace Precinct 2, Klein is apparently nursing another personal grudge similar to those against Tom Maness and David Sheffield. As an investigator, Derouen is also a professional rival of Philip R. Klein.

Derouen obviously understands the "political game" better than PRK. By simply contesting the irregularities in Reid's petition, Marc eliminated his opponent and avoided an expensive campaign. As noted, self-proclaimed political consultant Philip R. Klein can't recognize a real political strategy when sees one.

We'll revisit this statement in coming weeks:
Reid hires legal counsel and prepares a lawsuit and appeal in the 9th - which by all indications will throw Walker out on his ear and embarrass Derouen and his attorney's.
To be continued.

Jul 14, 2010

On Klein, Derouen, and Reid

5 comments
In a posting last week, Philip R. Klein claimed to have seen the complaint concerning Robert Reid's application for a place on the ballot in the Jefferson County Justice of the Peace Precinct 2 race:
Well the Review went to the court today and found that there are two reasons - FIRST : Reid did not put his name in a blank on a page when he turned in his ballot (yes we are being serious) and SECOND : He signed his name in areas to which he should not have signed his name (yes we are being serious again).
There is no such provision in the Texas Election Code. Compare Klein's version with the story posted by reporter Mary Meaux of the Port Arthur News, who named her source:
According to Derouen, a candidate is required to take an oath to attest that he witnessed each individual signer place their name on the petition. But Reid had at least three other people helping circulate the petition thus meaning Reid himself did not witness each signature.
Derouen's argument is based on Section 141.064 of the Texas Election Code:
Sec. 141.064.  METHOD OF ACQUIRING SIGNATURE.  A person circulating a petition must:
  1. before permitting a person to sign, point out and read to the person each statement pertaining to the signer that appears on the petition;
  2. witness each signature;
  3. ascertain that each date of signing is correct; and
  4. before the petition is filed, verify each signer's registration status and ascertain that each registration number entered on the petition is correct.
Klein claimed in his article yesterday:
Independent candidate Robert Reid was kicked off the ballot by the democratic leader - Judge Ron Walker this afternoon in what has been dubbed an "Illegal Hearing." Sources tell the Review that an appeal is being tendered to the 9th court of appeals and a complaint has been drafted against Judge Walker (like he cares)- away from candidate Reid.

"What happened here is an illegal hearing. There was no case number. There was no process of service. The county judge abused his authority. He is not king of Jefferson County. He is county judge. He certified the candidacy and that is all he can do. He cannot decertify. We are not going to stand by and watch this," said a source away from candidate Reid.
Philip's "sources" aren't familiar with that part of the Texas Election Code that names the authority in a county race:
Sec. 142.005AUTHORITY WITH WHOM APPLICATION FILED.  An application for a place on the ballot must be filed with:
  1. the secretary of state, for a statewide or district office;  or
  2. the county judge, for a county or precinct office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Philip R. Klein, self-proclaimed political consultant, can't recognize a shrewd campaign strategy when he sees one. Why should any candidate waste money on a potentially expensive campaign when contesting irregularities in an application can eliminate an opponent?

Welcome to Texas Politics, where aggressive campaign strategy isn't limited to Jefferson County or the Democratic Party:
Other examples are legion.

Regarding Reid, Gator on The BE Bayou noted that he is a Democrat who ran as an independent:
Reid was originally going to run as a Democrat, later opting to go as an Independent. Derouen won the Dems primary, while Reid chose to — in lieu of paying a hefty filing fee — get signatures for a petition. He needed 231, but got 271.
But Klein claims that Reid has the support of the Tea Party (Klein's crude and offensive language is redacted):
Now for the wild card - the Tea Party. There is no doubt that if Reid goes down - he is the political poster boy for the Tea Party Kids and this is going to  off some big wigs in town.
PRK had no comment on the size of the Tea Party vote in Precinct 2, where recent developments are relevant and may affect that constituency.

This critique reflects my objective opinions of Philip's comments on these issues, but not necessarily my personal political views. However, I think Marc Derouen previously ran a great race for Jefferson County Inspector of Hides and Animals. I strongly disagree with Klein's opinion:
When you live in the MOST CORRUPT COUNTY IN TEXAS and you are a FOW - THE LAW MEANS NOTHING!
In this case, it seems to me that one JP candidate got beat by another with a better knowledge of campaign law. Maybe that's not a bad thing someone seeking a judicial office.

Philip, Your Tests Results Are In

3 comments
Philip wrote earlier this week:
And then the media went really gaga until about 24 hours later when......oh......no......it was not BP oil and it was really just regular seepage from oil seeping into the ocean from the ocean floor.

And we all giggle.


No - no BP oil on Texas soil kids. Just natural leakage ..... and as we all giggle a little because of the media gaga - we step back and take a look at why?
As I pointed out, two original tests on the tar balls produced conflicting results, but results from a new, more comprehensive test were released yesterday
Chief Warrant Officer Lionel Bryant said Tuesday that tar balls found on a Galveston beach last week are from the ruptured BP-operated Deepwater Horizon oil well.

Tar balls located July 5 on McFaddin Beach, a stretch of coast east of Bolivar Peninsula, were the first confirmation that crude from the massive BP oil spill had reached Texas shores.

Last week, new laboratory results had officials backing off claims that many of the tar balls that had recently washed up on Texas shores were from the April 20 oil rig disaster. The confusion was attributed to contradictory test results from two labs.
How the tar balls got to our local beaches is still under investigation, but this is not "natural seepage."

Jul 13, 2010

Setting New Records

2 comments
I suspect Philip R. Klein has set a new record for the Southeast Texas Political Review with six postings in 48 hours.  Apparently, business in the private investigation sector is pretty slow right now.

Most of Klein's content concerns Robert Reid, an independent candidate in the race for Jefferson County Justice of the Peace Precinct 2. Marc Derouen won the Democratic nomination and no Republicans filed. After struggling through Klein's frequent breakdowns in logic, serial spelling mistakes, rampant redundancies, and multiple instances of mangled grammar, I'll try to address the low points.
Independent candidate Robert Reid was kicked off the ballot by the democratic leader - Judge Ron Walker this afternoon in what has been dubbed an "Illegal Hearing." Sources tell the Review that an appeal is being tendered to the 9th court of appeals and a complaint has been drafted against Judge Walker (like he cares)- away from candidate Reid.
As Chair of the Jefferson County Democratic Party, Gilbert Adams is the "democratic leader." Klein previously claimed that Judge Ron Walker was the head of a conspiracy to replace Carolyn Guidry with Rhonda Dugas.

Standard procedure for the Klein School of Journalism includes anonymous sources who speak exactly like Klein writes: 
"What happened here is an illegal hearing. There was no case number. There was no process of service. The county judge abused his authority. He is not king of Jefferson County. He is county judge. He certified the candidacy and that is all he can do. He cannot decertify. We are not going to stand by and watch this," said a source away from candidate Reid.

We contacted a ACLU representative in Houston and they too were shocked.


"A county judge does not have the right to remove anyone from a ballot. He has a right to certify the ballot and he did so or should have back in May? If he did that the only way for the candidate to do such is in suit. Are you telling me a county judge threw someone off a ballot?" Asked the ACLU source.
Klein's posting include a liberal (pun intended) dose of hysterical and inflammatory hate speech:
Our take? This goes nowhere but ugly now. But we told you  - when you live in the MOST CORRUPT COUNTY IN TEXAS and you are a FOW - THE LAW MEANS NOTHING! Except in the 9th?

We say GUTLESS. The democrats are GUTLESS. Not even having the courtesy to call?
[Marc Derouen] started it - now he must live with his actions. He is now the poster boy for the corrupt democratic party.

Port Arthur citizens - you do not get to vote. You get who the democrats told you - that you want.
I haven't seen the real details of this action yet. For instance, The Examiner reports that Derouen "challenged the validity of some signatures on the petitions Reid filed to get on the ballot," while The Enterprise referenced "irregularities in Reid's petition." I'll reserve comment I can do so objectively and intelligently.

To be revisited.

Jul 11, 2010

Tar Balls

3 comments
In his first posting of the week on the Southeast Texas Political Review, Philip R. Klein writes (I use the term loosely):
This past week is another example of how things can get out of control - being the same thing the media accuses this web site of doing from time to time. Which is? Well - this past week there were reports that there were tar balls on the beach. And then with that report government sprung into action. And then government said - it was the BP spill.

And then the media went really gaga until about 24 hours later when......oh......no......it was not BP oil and it was really just regular seepage from oil seeping into the ocean from the ocean floor.


And we all giggle.


No - no BP oil on Texas soil kids. Just natural leakage ..... and as we all giggle a little because of the media gaga - we step back and take a look at why?
Compare Philip's version with reality (emphasis is mine):
HOUSTON July 9 (Reuters) - Additional testing on tar balls that began appearing on Texas beaches over the July 4 holiday indicates only some of the crude may be linked to BP Plc's (BP.L: Quote) (BP.N: Quote) blown-out Macondo oil well, a state official said on Friday.

[edit]

Some tar balls collected in Jefferson County closer to the Texas/Louisiana border continued to match oil from the BP well, Suydam said.
According to statements made by The US Coast Guard and Land Commissioner Jerry Patterson during a press conference in Galveston yesterday, authorities are still not sure where these spurious tar balls  originated:
The U.S. Coast Guard and Patterson said definitive test results should be back Monday or Tuesday indicating the source of the two different substances found along Texas' coasts since July 3 — whether all or some of it came from the BP spill.

Over the last week, conflicting test results from the two labs — one in Louisiana, the other in Connecticut — have created confusion as to how much of the Texas samples is from the BP spill. Testing produces an oil fingerprint, determining where it's from, Brahm said.
Typically, Klein misrepresents the facts: 
No - no BP oil on Texas soil kids. Just natural leakage ..... and as we all giggle a little because of the media gaga - we step back and take a look at why?

We want you to remember what has happened to BP. Remember BP and its executives supported the Obama administration. Not only did they support them during the campaign - they (and get this) were the ones that signed off on the permit to drill the well.

Thus.....meaning?


Well nothing. You see BP - who provides millions of dollars (now billions) to the gulf coast area in Jobs has been shut down. As well - with the hyper sensitivity - Obama shuts down all drilling putting more people on the public unemployment line.
The Obama Administration followed the National Energy Policy, enacted as the Energy Policy Act of 2005. The Congressional Budget Office determined that the Act would increase direct spending by $2.2 billion over the 2006-2010 period, and by $1.6 billion over the 2006-2015 period. The Committee on Taxation estimated that the legislation would reduce revenues by $7.9 billion over the 2005-2010 period and by $12.3 billion over the 2005-2015 period. 

At the same time in 2005, the Minerals Management Service of the US Department of Interior surrendered regulatory responsibilities to the oil industry, arguing they were in the best position to determine the environmental impacts of their operations. As an example, environmental impact statements were no longer required for deepwater drilling, 

The final domino fell into place in 2008, when the Bush administration removed the deep-water drilling moratorium in the eastern Gulf of Mexico established in 1990 by President George H.W. Bush.

The real factors that contributed to this disaster are apparently more complex than Klein's limited comprehension skills can grasp. Neither the Obama or Bush Administrations had anything to do with BP's decision to replace the heavy drilling fluid with lighter seawater, which is what ultimately caused the blowout.

Instead, Philip R. Klein simplistically argues that this has to do with campaign contributions without explaining why. I suspect it's something that PRK accepted from the internets without verification.