There is no border – cutouts to cut it out



Chris Davis, Commanding Officer of the Boots on the Ground Militia contingent, Von Ormy, Texas

The traffic lights turn blue tomorrow…” – Jimi Hendrix

Woman is a vessel; good luck to those who sail in her…” – an anonymous feminist

Levarse na petra di mi scarpa.”  (Take the stone from my shoe) – Carlos Marcello

South Texas – It’s agreed. Had lame duck Texas Governor Rick Perry not bid for a whirl on the small and flickering screens of the electronic village by his pronouncement that the federales are not quite hacking the job of protecting the border, there would be no conflict, no discussion, no need to agree to disagree.

He wants to be the President. Who the hell would wish that on their worst enemy?

Patriots have responded with an attitude, a feeling, a frank and pugnacious thrust to their conversation, the parry and counter, strophe and antistrophe of the ancient dramatic formulae of the tragicomedy, wherein the politicos and other psychos drive to the middle of the stage and alternately hold up the smile and frown mask, while the chorus trumpets their every word.

Perhaps the most bodacious and ineffectual stab at the pork barrel came during the Bush administration, when the Department of Homeland Security contracted with Boeing to build a virtual electronic fence, the Strategic Border Initiative, then spent $1 billion trying to install $750 million worth of off-the-shelf video, microwave, night vision, and radar technology – much of it served up by a Waco-based electronics subcontractor with offices on the grounds of Ft. Hood.

How did that work out?

They walked away in a spectacular cancellation of the project after building towers along a 28-mile stretch of Arizona border and another 53-mile segment in the Sonora desert – all of this to defend a three thousand-plus mile wilderness border that stretches from Matamoros in the east to Tijuana in the west. Somehow, throwing the tax payers’ money at a problem usually results in the most spectacular examples of snatching defeat from the jaws of victory. The moral to the story may be summed up in a simple two-word, declarative sentence:

Reality cartoons.

At least, that’s what the guys with the green eyeshades and calculators explain to me

This virtual electronic fence worked very well in the mountains of Afghanistan and the passes of Pakistan, they say. What happened on the border following the Perry alarum?

Not much, according to knowledgeable militia sources like Third Brigade Commander Mike Salinas of the San Antonio contingent of the Texas Citizens Militia.

According to Salinas, the Governor has reassigned certain elements of the Department of Public Safety to new positions along the border, where they are monitoring the kind of illicit traffic that brings narcotics and immigrants without papers at huge prices – $6,000 a head for smuggled construction workers, culinary help, lawn maintenance operators, chambermaids, nannies, and farm workers. Dope? Well, you know, the sky is the limit. The higher you get, the higher you get. A self-employed proprietor of a security company, he has many years of experience as a private security contractor who worked for a London-based company doing much the same work as American troopers in Afghanistan and Iraq – oil field security, guard duty in Baghdad’s Green Zone, building security at supply depots and government offices.

The consensus is this. DHS, the Border Patrol, the drones, the choppers and all the rest of the technological, bureaucratic stew is there, not to shut off illicit traffic, but to manage it.

The powers that be consider it a cost of doing business. American citizens living on shoestring budgets, deprived of good-paying industrial and manufacturing work, consider it an outrage

And then, a funny thing happened in a virtual version of the old farm and ranch rural telephone service party line. A lady known only as “Kelli” put out a “call to action,” a very feminine missive from the war department that sounded a whole lot like what any cave woman would tell her old man when the wolf is at the door

***ACTION ALERT*** All Texas & National Militia Available Please Converge Immediately Status GO: Mission close down Laredo Crossing for starters ((All need to be closed)) Operation complete when border fence is in place and secure Name: Love’s #298 Love’s Travel Stop 28527 Interstate 35, Encinal, TX 78019 (956) 948-7044 Location: I 35 & Hwy 44, Encinal, TX Distance from Encino: 93.7 miles Contact numbers: for location and or pick up 580 889 1036 423 333 8872 Militia
***ACTION ALERT*** All Texas & National Militia Available Please Converge Immediately Status GO: Mission close down Laredo Crossing for starters ((All need to be closed)) Operation complete when border fence is in place and secure Name: Love’s #298 Love’s Travel Stop 28527 Interstate 35, Encinal, TX 78019 (956) 948-7044 Location: I 35 & Hwy 44, Encinal, TX Distance from Encino: 93.7 miles Contact numbers: for location and or pick up 580 889 1036 423 333 8872 Militia Conference Number 24/7 For info and assistance 559 726 1300 access 639939# It’s time to bring down the thunder. Activating the Patriots willing to stand up for America GO GO GO. III% Kelli in Texas USA Let’s share this like the brushfires of Liberty.

It is a non-linear, avant global electronic village response to their great grandmothers’ telephone technology of the crank phone and the party line. As Marshall McLuhan wrote when he predicted the internet 50 years ago: “World War III will be a guerrilla information war with no division between military and civilian participation.” – Marshall McLuhan, author of “Understanding Media”

Exactly two men responded, greeting those who called or arrived at the truck stop with instructions to call another number and report to a location in a rural area south of San Antonio, there to await further instructions. As our man in England, George Bernard Shaw, once concluded, men and women think, react, organize and behave much, much differently. Every time. All the time. In stereo. You might say, in the terms of tradecraft, that it’s a cutout.

What was learned? There is no border. It’s gone. Long gone.

Long before the fat lady sang, the hounds of hell bayed out the tattoo of gotterdammerung, and the players and nay sayers, loud mouths and keyboard commandos filed in to make the appropriate noises.

It sounded a whole lot like this, as Blog Talk Radio host Chuck Smith weighed in with his typical bully pulpit fashion.

What was learned? The Texas militia consists of three components, the National Guard, which is under the nominal command of the Governor, the Texas Guard, which is made up of commissioned officers who buy their ranks with political contributions, South American style, and enlisted men who get paid a stipend of $161 per day when the Governor calls them out by publishing an “SOP,” or standard operating procedure that spells out in lawyerly style what happens if a non-com backs a six-by-six into a building, a soldier instructed in the finer arts of the knife and garrote, rifle and pistol, signals and intel, hauls off and kills somebody, and who pays what – and why, and how.

So far, Perry has not done this. Getting on TV with the promise to spend up to $1.3 million per week seems to suit him just fine. Then there’s the citizens militia, or unorganized militia, the one guaranteed to be a God-given right to self defense, the old concept of pre-revolutionary, Colonial Committees of Safety that flourished in the 13 original states. They are the Texas Citizens Militia, of which Salinas is a brigade commander, the 28th Texas Militia, and the Bowie Platoon of the Alamo Militia, commanded by Chris “Three-Percenter” Davis.

There are those who counsel getting with the program, but cooler heads, the ones with the ultimate responsibility to a man say they’re not going anywhere to do anything unless they have proper constitutional authority. That was a problem Col. William Barrett Travis could not overcome during his 13 days to glory, the siege of the Alamo. Travis was a pirate. He had no writ because there was no constitutionally authorized action available. General Lopez de Santa Ana could do anything with him and his men he chose, and his choice was brutal, to say the least.

This is what it looks like when a nation starts to flex up and sally around, posturing and feinting, jockeying for position.

Of the men of the militias, the women who join and fight side by side with them? They are keeping their mouths shut and their ears wide open, preparing for what looks to be a prolonged war of words and wit, information and lies, supplies and deprivation.

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Wetbacks as refugees

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 Columns of refugees streaming out of Mexico into border states like Texas makes it easy for drug cartels to insert advance guards, a Green Beret predicted in 2010. Reprinted from ‘The Legendary,’ May 21, 2010. The implications for terrorists to use the same tactic are startling.

Waco – It was one of those get-out-the-vote meetings, the kind of thing political operatives do at primary time – every time. But this year was different. It was the year 2010.

A seasoned special ops warrior who began his life in Mexico, became naturalized when his father flew airplanes in the World War Two-era Army Air Corps, then served as a Green Beret, operating in exile in Laos and Cambodia where Americans were not supposed to be found, briefed the rank and file.

The Sinaloa Cartel, the Gulf Cartel, and the Zetas “are creating waves of refugees into the U.S. that also carry the advance elements of these cartels into our country,” said Bert Hernandez, a reserve police officer and the general manager of a local Ford dealership.

He and other TEA Party operatives set up an insurgency inside the local Republican Party structure that rocked and shocked the old guard, delivered a solid turnout of Hispanic votes, a swing element where before, none had existed.

He began his lesson in tactics by recalling the rivers of humanity that streamed down the roads of Europe as the Nazis displaced them. Similarly, the Soviets made the people of Eastern Europe walk across the face of the Warsaw Pact nations, just as the Czar had made Jews flee prior to the revolution of 1914.

What’s it all about?

“These human rivers of unfortunates were designed not just to impede their opponents by forcing them to maneuver around them, but also to deprive them of resources because they had to try to take care of their own people, who had turned from ordinary citizens into refugees.”

But there is more to be revealed, Hernandez counseled. “A side benefit of the creation of refugees was that it enabled them to mix in their advance elements and to reconnoiter for the main forces…Of course, they didn’t invent this tactic. Probably Attila the Hun invented it.”

What does this have to do with America’s borders? Drug cartels are purposely creating such miserable conditions throughout central America and Mexico that people are happy to gamble with their lives by bugging out for the U.S.

Mexican and Central American drug cartels are carrying out wars on three fronts. They are a natural result of drug wars in their home countries.

MS-13 is a gang that formed during intense fighting between left-wing militias and contra forces for the resources to create cash flow for their cause by selling marijuana and cocaine to Americans they turn into addicts.

These illicit substances intercrop well with bananas and coffee. The surrounding jungles provide excellent cover for refining laboratories, which produce the stuff that is used to make crack and crank.

Well-meaning people in churches and humanitarian aid organizations allowed these illegal immigrants to come in and get established in the U.S. They thought they were doing the right thing by allowing them sanctuary in our nation.

“All they were really doing was allowing the advance guard into the country to set up a base of operations for those who followed.

“I’m not saying that every illegal immigrant is  bad. I’m just saying that’s how they got their advance elements in place.

“Where law and order is not respected and enforced, matters are simplified for the lawless who find it easy to operate in underground societies.”

In days gone by, Hispanic gangs operated within neighborhoods. They exhibited codes of honor and respected members of opponents’ families and churches.

“Even the Mexican Mafia had a code of honor that they enforced. But the Cartels have changed that in their all-or-nothing wars on each other and the government of Mexico for control of the drug and human trafficking routes into the US. If you are an opponent of the Cartels, you and your family are not safe anywhere, ever.”

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Balancing oil boom budget on the border

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NOTICE: Patriots interested in occupying the Texas-Mexican border, call 580-726-1300 and enter 639939# to get further instructions and information


Laredo, Webb County, Texas – Most of the 90,000 children who authorities predict will cross the border illegally this year and be held for detention will be found by Border Patrolmen on the streets of the colonias and turned over to Immigration and Customs Enforcement (ICE) agents.

That’s a figure that has increased dramatically from 2011 – 28,000 – and 2013, with about 40,000.

Half a million people live on the Texas-Mexican border in squalid and unsanitary conditions in 2,294 subdivisions called colonias – developments platted and approved by Commissioners Courts without even the most basic provisions for sewage, water, and storm drainage.

Most of these are located in flood plains unsuitable for building, areas which have no natural drainage, where raw sewage mixes with runoff to choke creeks and ditches, then flow into the Rio Grande, where border towns get their drinking water.

They are breeding grounds for disease. According to Texas Department of Health reports, “hepatitis A, salmonellosis, dysentery, cholera and other diseases occur at much higher rates in colonias than in Texas as a whole. Tuberculosis is also a common health threat, occurring almost twice as frequently along the border…”

The homeowners cross into America illegally in their quest for work, buy lots in these communities, but receive no guarantee of clear title as they make payments in owner-financed schemes.

They build their shacks piecemeal, as funds become available to build on with makeshift materials. The result is that building inspectors refuse to sign off on the structures in approval of grant and loan programs that would allow them to be improved with plumbing and sewer services. The people haul their water in 55-gallon drums, or pay tanker truck drivers to fill 2,500-gallon tanks. The effluent of their bathrooms? Who knows. There are everything from outhouses to septic tanks that don’t drain into lateral lines.

Here’s a clue. When you see a pile of toilet paper on the floor next to a commode in a public toilet, you are looking at a place where undocumented aliens who have crossed the border illegally go to relieve themselves. They are conditioned to do so because the sewer systems they use in Mexico and on the border will not accept toilet paper, just won’t wash it down. They burn it, but if there’s no receptacle in which to place it, they just throw it on the floor.


About 42 percent of the population of the colonias lives in Hidalgo County. They do farm work on both sides of the border. That work, according to conservative politicians, is work that Americans refuse to do. So that makes it okay.

Undocumented aliens occupy a major place in the national economy, as a foundation stone in a system that consumes their produce, yet makes no provision for their quality of life – any compensation for the impact that has on the rest of the population.

There are 15 such colonias in and around Laredo and Webb County, the largest inland port in the nation, which in the past decade has outstripped Detroit as the place where far more goods cross the border on any given day than any other place.

What funding is available to help with public health concerns in the colonias is ephemeral. One border county reports spending about a quarter of a million dollars from various public sources on water and sewer improvements. The authors of the report don’t say where the money came from, nor do they project the future source of any more such funds.

The truth is, the money came from sources as diverse as the State Energy Conservation Office, which was established to dole out money from the Oil Overcharge Fund, a line item in the General Revenue Fund. This source of funding was set aside after U.S. Department of Energy officials determined that oil companies had charged far too much money for crude produced during the 80’s and 90’s.

The outcome of the litigation is murky, amid holdings that funds that were obtained from Exxon, for instance, may be used only in energy conservation projects in five specific areas. Funds obtained from operators of stripper wells and Diamond Shamrock, on the other hand, are “less restrictive,” according to state officials. They may be used in anything from providing traffic signals to converting public vehicle fleets to run on natural gas, or tuning up balky engines.

Money that was not spent during a 10-year period is freed to do the job as the Legislature approves. That approval is slow in coming. Its bestowal most sparing.

As of August, 1992, $390.2 million were allocated to Texas, the largest share in the nation. Of these, $371.2 million were set aside for specific projects such as fixing the sewage problems in colonias, but there’s a catch.

The Legislature must approve the expenditures, and though $262.9 million was obligated, actual expenditures amounted to only $132.6 million.

Like other state funds, the officials who ride herd on these dollars earmark them, but then neglect to spend the money; instead, they carry the amount forward in a faux budget-balancing sleight of hand that makes it look as if there is little or no deficit spending in the Texas system.

Poring through the list of funds, one is moved to laughter. For instance, for the purpose of oil field cleanup, a purpose with an account number and the works, “$0.” Rape victims compensation, “$24.19.”

How much is invested in mortgage backed securities? Get a load of this one. “$2,206,698,449.”

Then there’s the $811.3 million that has been collected at .65 per 1,000 kilowatt hours from consumers of electrical power to compensate the poorest Texans pay their bill – a group that in 2011 numbered at nearly a milion, 915,281. That’s one in six. It’s all allocated, but only a very small percentage has been spent.

The State of Texas Cash Report and the Legislature’s General Appropriations Act for the 2014-2015 Biennium both show there are funds designated to be spent on improving water and sewage conditions of living in the colonias. But it’s like Ragú, “It’s in there.”

Where it’s located – and an exact figure on how much – is very obscure fact, a great mystery to be sure, but it’s in there, somewhere.

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This is the border fence


Floyd Breshears at video shoot of border ‘fence’

NOTICE: Patriots interested in occupying the Texas-Mexican border, call 580-726-1300 and enter 639939# to get further instructions and information


Let me tell you about my border. There were two walls and a muddy mine field running down the center of a DMZ. At least, it was one place I could understand…” – Floyd Breshears

Carrizo Springs, Texas – Riding through the oil fields along muddy clay and sand haul roads, swampy, soupy rutted tracks traversed by giant rigs hauling fracturing pressure pumping equipment, tanks of mud, water, and acid, the closer you get to the border, the more prevalent become the high wire fences designed to keep deer in and people out, and the more frequent the appearance of corporate security gates manned by private guards.

There is no public access to miles upon miles of the rattlesnake and scorpion-infested, wild hog and thorny cactus-choked brush country that slopes down to the bed of the Rio Grande. Looking around in wonder as motor route after motor route of county roads and Farm to Market roads to the river are blocked off by dead ends at multiple security gates that give no right of way in any direction, Floyd Breshears, the interim commander of coalition militias who is walking point in the build-up of citizen soldiers hell bent on guarding the border, says, “Border fence, nothin’. This IS the border fence!”

He gestures at the hostile landscape, gesticulating at the limp remains of two very large rattlesnakes flung into the muddy road by the driver of a spattered four-wheel drive pickup that passed in a hail of light brown droplets of soupy clay and sand.

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The rule is the same today as it was when President Andrew Jackson engineered one of the greatest land grabs on record, the Texas Revolution.

Beginning at the banks of the Sabine River, the western border of the United States is defined by a natural boundary of some of the most bodacious hell country on the planet, an area hundreds of miles in breadth and more than a thousand in length that stretches all the way to the Pacific Ocean.

By design, this factor was intended to keep aggression of armies that would invade America at bay, balking at the lean, mean, predatory nature of the dragon-hide tough underbelly of a bountiful continent. It’s still working. Only the most determined get through the maze, and this area northwest of Laredo is one of the most active in drug cartel smuggling and human trafficking on the 1,600-plus mile border route to California. Just as important, money flows back in the opposite direction – enough cash to lure dozens upon dozens of multinational banking outlets to establish branch offices in countryfied Texas Rio Grande Valley towns from Matamoros to Juarez.

Their function: to launder the proceeds by wire transferring them to Ireland, thence to Liechtenstein, the Caymans, Panama, South Africa, Hong Kong – through a impenetrable maze of shell corporations and subsidiaries, where the billions of dollars generated are stacked away in the tax free havens of nations used as flags of convenience by multinational corporations that behave like the captains of cash-laden tramp steamers laden with human misery, bound for the lucrative market of the Land of the Big PX, America.

If there wasn’t such a market for illicit narcotics here in America, there would be no border problem,” Breshears snorts. He makes reference to Governer Rick Perry’s avowed intention to spend as much as $1.3 million per week in state funds to help the federal government do its constitutional job of protecting American borders.

Give me a million dollars and I would solve your problem. They would be happy to swim back to Mexico,” he laughs. Then he sobers. He insists that the militias’ goal is to protect both the American interest in freedom from fear and the pestilence of drug problems, as well as the hopes for freedom of generations of Mexican youths to come.

We’re not here to run and gun. We’re here to fight for you. I am your soldier,” he says. “I will not run and I will not stand down.” He and his men see it as a human right and a constitutional duty to take a personal interest in protecting the American border from the aggression of money-rich special interests.

Asked why the oil companies would wish to deny border and river access in this sector to Americans, both Breshears and a couple of good old boy company men from Chesapeake Energy who have stopped their four-wheel-drive company pickups to chat by the side of the road respond with bemused skepticism.

One of the men speaks up in the near-universal chuckling and chortling tone of the good old country boy. “Shoot, bubba. It’s not the oil companies. They don’t much care. It’s the land owners.”

We set up by a crossroads to shoot Breshears’  brief video statement of militia objectives. He refers to the owners of the property on the other side of the game fence as “the enemy.”

Though he didn’t elaborate, it’s impossible to miss his meaning. Wealthy land owners became wealthy and bought previously undesirable land at rock bottom prices – and now the boom town atmosphere is suddenly worth its weight in gold – black gold, gold gold, and Acapulco Gold…

Back at his trailer park cabin headquarters, Breshears fields questions from callers who responded to a Call to Arms that advertised a conference call number. Each is told to call an operator at yet another conference line, where they will be directed to a certain hub located on good state highways and interstate routes, a staging area in a rural area of metropolitan San Antonio.

It’s a place to group, leave vehicles, dispatch in teams to border sectors to observe and keep an eye on what goes on in the dead of night and the glare of noon. Surveillance teams will hold their areas, call law enforcement for assistance, and rotate when relieved. In the offing: Coordination with local Sheriff’s departments and state Department of Public Safety officers to learn the best way to cooperate.

Wherever I am, the border is occupied. I am defending it,” says Breshears. He fixes himself another cup of coffee and starts a ramble about his time at a U.S. Army outpost in rural Germany, a place on the Czechoslovakian border.

It was the place where I felt more like myself, more human,” he says, with a grin. “I lived it, breathed it, crawled through it, and loved every minute of it.” 


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Boomtown call to arms

Boomtown Truck Stop

NOTICE: Patriots interested in occupying the Texas-Mexican border, call 580-726-1300 and enter 639939# to get further instructions and information

I am being taxed to provide benefits for people who do not deserve them, benefits I cannot afford for myself and family.” – a militiaman

Encinal, Texas – Torrential rain poured from the heavens as Soldier 1 and Soldier 2, both of them Oathkeepers, fielded phone calls from a 24/7 hotline for militiamen seeking to answer a Call to Arms at this border outpost, a truck stop at the 39 mile marker, just north of Laredo.

Their mission: “Close down Laredo Crossing…” The Facebook proclamation was headed “ACTION ALERT,” and it went up live on computer screens nationwide on Wednesday evening.

It’s axiomatic in Texas politics that when great periods of agitation begin over border disputes at the Rio Grande, war soon follows, whether the war is in Europe (1913), the interior of Mexico (1846), or America (1861-65) .

As pathfinders, the Oath Keepers are here to assist fellow citizen soldiers to find their way to this ultra-busy corner of the oil patch, where cross-border truck traffic keeps the highway hot, ordinary motel rooms go for $300 per night, and the world has come to a once-barren stretch of prairie dominated by mesquite and javelina, white tail and coyotes – and not much else.

It’s a hot box of illegal border crossings, this area northwest of Laredo where people from Mexico wait for transportation to spirit them on the next leg of their journey. It’s nothing new. It always was the kind of place where you saw locomotives stopped on sidetracks, the trains behind them brightly lit by Border Patrol searchlights as brown people ran through the brush in mad dashes for freedom.

Now they wait in the brush amid injection wells, brine ponds, mud yards, strings of pipe, drilling and makeover rigs.

The Oath Keepers, who are sworn to keep their original vow as members of the Armed Forces to protect the Constitution of the United States “against all enemies, foreign and domestic,” stepped in, answering a nationwide call to arms when the Texas Militia left in a huff earlier in the week and declared in Facebook statements that they are “washing their hands” of the border because Texas authorities won’t let them do much more than housekeeping and hospitality tasks – fetching bottles of water, policing the grounds of trash and carrying messages – in their quest to keep undocumented aliens from making illegal border crossings.

It’s a task for which Governor Rick Perry, a lame duck looking to crack the presidential primaries in 2014, and Lt. Gov. David Dewhurst, who failed in a bid for re-election, declared they are prepared to spend millions. Their mission, to stanch the abnormally large flow of aliens from Mexico into Texas towns. They have ordered a “surge” of Department of Public Safety troopers to fall in on the border and catch undocumented aliens in the act of cross in Rio Grande, then turn them in to lockups operated for the Border Patrol and the Immigration and Customs Enforcement Division (ICE) of the Department of Homeland Security. The federal government, tasked with the job by the U.S. Constitution, is clearly unable to handle it, they both declared.

Up for grabs, a hot and heavy immigration reform package that has the body politic in this oil-rich, business-friendly state frothing at the mouth.

Internet agitators have people believing that ICE Agents are stuffing cash into the hands of bus operators to take undocumented aliens fresh from Texas jails into other areas of the nation.

Can they prove it? Yes.

How? No one is really sure. It was on the internet. Oh.

Obama did it. Who else? One sees, as the blind man, when he really couldn’t see.

McLennan County Sheriff Parnell McNamara went on the air in an early morning Waco talk show to explain that his department did not provide security at a summer camp normally used for Jewish children after ICE agents housed undocumented alien Mexican children who have crossed the border illegally. The deputies were either paid by the federal government for their work, or they chose to volunteer their services, he told his audience.

There was a sense of urgency in the early morning broadcast.

It was aimed at an audience primed by a week-long campaign of accounts of bus operators taking money to ship the Mexican kids to towns deeper In the interior of America. Again, no one offered any real proof. It just goes with the territory in a state that seems to despise all things liberal.

Soldier 1 – he is loathe to use either his nom de guerre, or his real name, fearing reprisal from the Department of Homeland Security – asks a rhetorical question, as he pauses between phone calls he fields at a corner table in a fast food franchise at the truck stop.

You know, the only thing the Constitution limits is the power of the federal government. A state can order you to wear pink polka dots on Tuesdays, and if you refuse, they can shoot paint balls at you. If you don’t like it, what can you do? You can move,” he says in a bemused tone.

No passport required to move from state to state, inside the borders of the nation, his listener says.

He chuckles, nods, pauses, answers another phone call from someone looking for the way to get to the rendezvous.

Returning to his original thought, he adds, “How terrible was old King George, anyway? Folks had a functional society, but they didn’t have representation and they passed a three-percent tax…Today, every dollar is taxed at the rate of 64 cents. That’s in the poverty level.”

We leave him with this question. Everyone involved in the continuing dialogue over illegal immigration, unconstitutional federal power grabs, taxation, they all are firmly convinced that something is going to happen. They’re not sure exactly what, but they are sure it’s going to happen and that’s when “shit hits the fan.”

He thinks for a moment, sighs, and says, “If you’re white; you believe you deserve to own property; you don’t want the government running your life – you’re a very dangerous person.  According to the federal government, you need to go to jail!”

Soldier 2 speaks up and says, with a grin, “If you love the constitution, you are the most dangerous person in the world – for tyranny and tyrants.”

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To cross the rabbi’s eyes

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Amarillo – To defend yourself against the charge of murdering your own parents, you should plead that, since you are now an orphan, you deserve leniency.

Not. That’s chutzpah. This is meshuga.

The McLennan County Appraisal District moved out of office space leased from Hoppenstein Properties, Inc., of Amarillo, even though there was still time to run on its agreement. When the tax men moved out, they still owed either $474,638, or $418, 591.27 – or maybe, as the jury wound up seeing things, $373,638, or as the Seventh District Court of Appeals at Amarillo decided by their own calculations, $461,995.16.

It gets complicated, but one thing the appeals court definitely decided in the dispute is that when a Waco jury in the 170th District Court “simply awarded a judgment of $373,638,” it was unsupported by any fact, figure, or basis of contract law.

How it derived that that sum is unknown…Nor does the District cite us to any evidence or methodology from the…amount can be calculated.”

What happened is simple enough. One day in the year 2009, the District took the advice of its chief appraiser and decided to move out of the building it had leased from Hoppenstein in favor purchasing a new building.

How to beat the lease?

The appraiser showed them the way. He recommended, in the words of the appeals court, that “a new building be purchased, and advised it that the District had the discretion to end the contract by simply omitting from future budgets money earmarked for lease payments.”

Such a deal. The appeals court explains it this way.

They concluded that, “we note that the conduct of the District tends to run afoul of general contract principles. For instance, where one assumes an obligation, he generally cannot excuse his non-performance by voluntarily pursuing a course of conduct that leaves him unable to perform.”

Predictably, no one is happy.

Though the jurors rendered judgment in favor of the former landlord, Hoppenstein, “neither party was satisfied.”

According to Hoppenstein, “the trial court should have 1) granted its motion for judgment notwithstanding the verdict on the amount of lost rent to which it was entitled and 2) awarded it attorney’s fees.”

The District’s appeal held “that 1) the trial court should have granted its motions for summary judgment and judgment notwithstanding the verdict on the basis there was no funding for the lease after December 31, 2009, thereby bringing into effect a contract provision which specifically released it from liability, 2) the contract impermissibly created debt and was void, and 3) the trial court erred in not excusing two jurors for cause.”

It’s hard to say, but it’s safe to assume that no one is less unhappy now that in May of this year, the 17th District Appeals Court affirmed the jury’s judgment.

Hoppenstein gets not a penny more in lost rent and attorney’s fees because of two well-chiseled provisions of the law.

In the first place, the trial court did not err by denying a motion for a judgment notwithstanding the verdict because a couple of cases on point established that, as Hoppenstein asserted in their appeal, “The movant must establish both that no evidence supports the jury’s answer and that the evidence conclusively establishes the answer sought in the motion.”

The appeals panel agreed heartily, and responded by saying “To that, we add a principle uttered by our Supreme Court in City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005). There we were told that it is not necessary to have testimony from both parties before a jury may disbelieve either; yet, a jury may not ignore undisputed testimony that is clear, positive, direct, otherwise credible, free from contradictions and inconsistencies, and could have been easily controverted.”

From there, the Court gave a recital of the testimony of Hoppenstein’s bookkeeper, $474,638.24; entries in the general rent ledger, $477,778.39, and the District’s calculation that the outstanding amount was $461,995.16.

Attorney’s fees?

It’s a provision of the Local Government Code that “Attorney’s fees incurred by a local government entity or any other party in the adjudication of a claim by or against a local governmental entity shall not be awarded to any party in the adjudication unless the local governmental entity has entered into a written agreement that expressly authorizes the prevailing party in the adjudication to recover its reasonable and necessary attorney’s fees by specific reference to this section.”

There is no such written agreement that “expressly authorizes” the payment of attorney’s fees in the record. The lease stipulated only that the matter be settled by existing law.

The big enchilada on the District’s plate:


The appeals court countered very neatly by replying in this way.

There is evidence of record illustrating the coffer used to fund the District’s expenses contained monies sufficient to satisfy the lease obligation. But, instead of using the monies for that purpose, the board of directors charged with disbursing or budgeting the funds opted to use them to acquire another facility…In other words, monies were available to satisfy the District’s lease obligation, but the District not only opted to use them for another purpose but also swayed those in charge of their dispersal to divert them to that other purpose. Under those circumstances, it cannot be said that the funds were unavailable.”

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River tale – east and west

Waco – This is a tale of the river.Screen Shot 2014-06-03 at 6.40.19 PM


Cross the Brazos, and where have you gone? If you head east, you’re in a place where all the rules apply, whether you’ve broken them, or not.

Head west, and you enter a world of privilege, power, political connections. It means a lot, most days, and every night.

Let’s take a look at the case against James Johnson. One day in 2013, he was driving through East Waco in his 1996 Cadillac, the one with the big gangster wheels and the skinny little tires. A cop thought he saw something wrong, so he pulled him over and took him to the station for a breath-a-lyzer test, under suspicion of DWI.

He blew less than the legal limit for intoxication, but that didn’t matter. The cops pressed their charge, anyway.

Prosecutors finally withdrew from the case, saying there was  little likelihood of obtaining a conviction.

But all was not well, not for Johnson. More on that later.

Screen Shot 2014-06-03 at 6.38.58 PMThen there’s another 2013 case, this one made against Sarah Cross.

She is a business owner who is married to a local business owner, a man in the security business. Her employer, a Mr. Hobbs, learned she had embezzled more than $40,000 from his company, given herself a raise, paid her family’s health insurance premiums, banked his money.

He pressed charges. At her arraignment, she entered a plea of guilty. The judge ordered her to pay restitution of slightly less than $400 per month, to start soon after her probation period for the suspended sentence began, to continue until she had paid back $30,000. So far, so good.

At this point, Eric Carrizales, an investigator for the McLennan County Criminal District Attorney who was hired especially to look into cases of possible fraud in obtaining legal services for the indigent, entered the picture.

When he looked into the Johnson case, he learned that there were more than the one nearly 20-year-old Cadillac registered in Johnson’s name. There was an even older Caddy and a Chevrolet slightly older than both. A clear case of fraud. You see, Johnson is a permanently and totally disabled SSI client who is unable to work.

In fact, if you ask Jeff Foxworthy, he would tell you that if you mow your yard and find a couple of cars you didn’t even know you owned, you might be a redneck. Maybe, maybe not. Either way, Johnson gets less than $1,000 per month from his disability check.

Cue the laugh track, Mr. Foxworthy.

Carrizales did not look into the appointment of Cross’s lawyer. He didn’t even make a cameo appearance because that appointment never generated any paperwork. Judge Ralph T. Strother of the 19th District Criminal Court appointed a lawyer. He signed an order. No papers are filed in the indigent defense coordinator’s office.

He charged Johnson with fraud by tampering with a government document.

Ms. Cross filled out no documentation in the appointment of her lawyer, but if she had done so, honestly, it would have revealed she had a sizable income from her tanning salon business, a business with a healthy inventory of goods.

Here’s the upshot.  Neither one of them were convicted for fraud in obtaining legal services.

Go figure.

Johnson’s address is east of the river; Cross’s abode is located to the west of that mighty organ.

Johnson stands guilty of driving while black; Cross is guilty by her own admission of stealing tens of thousands of dollars from her employer. When contacted, Mr. Hobbs revealed that he was never informed of any forward progress in the case. Suddenly, one day it was settled, and that was that.

And the floggings will continue until morale improves.

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Of a one-man crime wave

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One man, one dog…a helicopter…

Valley Mills – Sgt. Randy Threlkeld knows his people, and he knows Brad Taylor as a man with rabbit in his blood. “He’s a runner,” he said, minutes after he and other officers rousted the 37-year-old, 220-pound six-footer out of the woods behind a trailer where an informant said he could be found last Thursday night, May 29.

He’s run from the law previously, so he’s charged with the enhancement of a prior conviction for the offense – along with robbery, and obstruction or retaliation – in Bosque County.

There are two other warrants for Taylor’s arrest  obtained by the Waco police, and Sgt. Threlkeld found out he could apprehend him at a residence on “the hill,” an area of Valley Mills heavily populated with the family of pro ball player Barry Sadler, last Tuesday.

True to form, Taylor made a run for it and gave K-9 officers and patrolmen the slip.

Lot #9 on Green Meadow Circle is part of Misty Valley Trailer Park. It backs up to a creek.

In the tense moments before the inevitable knock on the door, Deputy Kyle Williams of the Bosque County Sheriff’s Office took up his station at the rear door of the trailer – just in case Taylor decided to make his usual escape out the back.

According to Sgt. Threlkeld, he could see a white man and a black man he knew has Taylor making tracks for the back door, but Taylor couldn’t get the door open.

That’s when he head the door break with a loud crack, and Taylor tumbled out into the bushes, headed for the creek bed. K-9 Buck bit his pants leg, holding him in place while Deputy Williams shot him with his Taser. A Department of Public Safety helicopter kept the heavily wooded area lit up like a baseball diamond all the while as passersby stopped their cars on the highway to watch and hundreds of people stood around in the trailer park keeping the cops and their quarry under close scrutiny.

When Taylor tried to get up and run again, he only made it 10 feet before the deputy gave him another jolt.

That’s when he gave up, and they slapped the cuffs on him.

It was only then that the deputy noticed he was bleeding from numerous cuts and scratches he got flying through the bushes in pursuit of Taylor. Both he and the suspect were treated at Goodall-Witcher Hospital in Clifton – Deputy Williams to head for the cop shop to finish his reports, and Taylor for the lock-up and an appointment with the Magistrate.

He is held under three $50,000 bonds for a total of $150,000, and considered a flight risk. Two other charges await him at Waco.

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Feds lock horns – West evidence blocked by ATF

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West, Texas – Think of it this way. If you were the King or Emperor, wouldn’t you prefer to have subordinate agencies fighting with each other for influence rather than a cohesive power base beneath your station that could easily rise up and attack, depose you, cause a need for abdication?

From the minute the Adair Seed Co., doing business as West Fertilizer, blew sky high in a burnt orange mushroom cloud in April, 2013, taking fifteen lives, damaging 200 homes, three schools and injuring hundreds, there was an unreal air of secrecy about nearly everything connected to this weird event.

Let’s start with the wildly varying and ridiculously inaccurate estimates of the death toll and damages. Everyone from CNN to “The Daily News” of New York, the Washington “Post,” and the Wall Street “Journal” got into the act, and they all used the same sequence of numbers – 160, 16, 600, and no, not 666 – that totally enigmatic sequence used when hard changes come on Satanic holidays, or when it’s totally apparent that the media d’mainstream is on a fishing trip because 1) no one knows, and 2) the authorities aren’t telling.

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Indeed, they were. You couldn’t talk to officials, ask questions, look around, take pictures – or do much of anything else. And it didn’t feel good, no matter how down-home and friendly the good old boy map salesman put it with a chuckle in his voice. Stinks to be on top of a big story and get absolutely nowhere because of a bunch of hardheaded cops.

But it was a crime scene that revealed no crime, and few clues as to why the fire and explosion occurred, and that’s simple enough to understand. The ATF and State Fire Marshal’s Office ordered in bulldozers, trucks and trailers, cranes and loaders to haul off the scrap. They blocked any investigation by other agencies such as the U.S. Chemical Safety Board.

Follow these links to learn more:

Safety Board says law enforcement nationwide ……/cheThe Dallas Morning News

by Reese DunklinMay 23, 2013 – Updated, 7:15 P.M.: I’ve received a Chemical Safety Board … the country have hampered its work investigating deadly chemical industrial accidents. … The state and ATFattempted to fully cooperate,” even so, and cited examples: … evidence and keep other agencies from blocking access to records.

Federal chemical safety agency complains of lack of access …The Dallas Morning News

by Todd Gillmanin 64 Google+ circles

May 21, 2013 – The agency probing the fertilizer blast in West says turf fights with other … The U.S. Chemical Safety Board, in a letter released Tuesday, accused the … Firearms and Explosives of hampering its work by blocking access to key … and his team gain access to debris and other evidence removed by ATF and … › newslocal

National Chemical Safety Board Says ATF Investigators …

May 22, 2013 – Safety Board Says ATF Blocking West Probe … injured about 200 others, hampering its investigation, the panel’s chairman said. … However, a Boxer spokeswoman said the senator had asked the agencies to respond … In his letter, Moure-Eraso said the board sent 18 investigators and other experts to West …

ATF Accused Of Blocking Investigation Of West Explosion ……/atf-accused-of-blockinginvestigation-of-west…

May 22, 2013 – It’s among the lead agencies investigating the fire and explosion at the West … The U.S. Chemical Safety Board is required by federal statute to conduct … Moure-Eraso says the ATF actually turned away two board members, …

Agencies accused of blocking West blast probe – Houston …

May 21, 2013 – The ATF removed key chemical evidence from the site without consulting the … Chemical Safety and Hazard Investigation Board – often found itself on the outside … Coast Guard and other agencies took charge of the investigation. … wrong, the board has yet to conclude its investigation and issue its findings.

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And then there was the story propagated by independent insurance adjuster Cynthia Colvin-Montgomery (“We work for you not the insurance company”).

Ms. Montgomery is a former ship fumigator who has extensive experience with pest control on seed grain-hauliing ships in the Port of Houston. She claims that an electrician who sought her services worked earlier on the day of the blast to determine the cause of a fire in the area where the explosion later took place.

There was damage to an electrical circuit when a battery charger for a golf cart went out of whack, she said. The man had delayed his repair to prepare an estimate, she said.

ATF officials later repeatedly denied there was any truth to it, but did acknowledge that there were pieces of the golf cart found as far away as two miles, indicating the buggy was near the epicenter of the explosion, and that it was a possibility that the problem may have arisen in electrical circuitry in the building.

Finally, a check of law enforcement records revealed that there were hundreds of break-ins and intrusions at the plant over a period of decades that yielded pilferers quantities of anhydrous ammonia for making meth, vehicles they stole, components for agricultural equipment, heavy machinery, computers – and the like.

There were no burglar or fire alarms, sprinkler systems, fences, video – nothing to say go away, stay away, this means you.

And then there was the abortive “press conference” in the County Commissioners Chamber in which the McLennan County Disaster Coordinator stonewalled, backpedaled, and managed to avoid answering a single question while the county’s attorney snarled and threatened, and County Commissioner Will Jones sat by and looked pretty.

The media – national, local and metromess – departed wailing and with a gnashing of teeth.

Now comes the Chemical Safety Board and says the entire thing was avoidable. A fire protection system would have seen to that, but who knows how it started, why, or where?

No one.


Because the ATF and State Fire Marshals office had bulldozers and front end loaders, cranes, and trucks take all the debris away before they let the other investigators on board the “crime scene.” For Pete’s sake. I am sincere. I have spoken.– The Legendary

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