The TV news is an ass, the sequel

I failed to give credit where it was due when I wrote early yesterday about how television “news” ignored the dramatic events at the Texas state capitol.  There was a filibuster-to-adjournment over a bill that would drastically reduce the availability of abortions in Texas and that caused citizens to fill the galleries, and later to express their anger when they saw, plain as day, the lieutenant governor and his supporters try to railroad the process, and at one point saw that an official record of a vote had been changed.  I was annoyed that I couldn’t follow the story on television–it was not being covered on any of my local stations in Houston nor on any of the national cable “news” channels.  I was keeping up on Twitter.

What I neglected to do was to consult other avenues available on the Inter-Webs, and I was reminded of that today by Time and by Rachel Sklar.  The state senate was live-streaming itself, and the big show was available on other live streams, too, with some great work done by the Austin American-Statesman.  Congratulations to them all for recognizing a newsworthy event when they saw one and doing something to let the rest of us keep up.

Time: “As protesters massed in the gallery, the GOP majority attempted to close debate and bring a vote, and Democrats maneuvered to stall after their rivals forced [Senator Wendy] Davis to stop speaking on procedural grounds, well over 100,000 YouTube viewers were tuned to the channel–closer to 200,000 as zero hour approached. That’s a six-figure viewership, after primetime in most time zones, watching legislators argue over Robert’s Rules of Order and who properly held the floor.”

Sklar: “The clock struck midnight. Victory! They had run out the clock! The chants continued. Twitter exploded. But that was weird, it seemed like that vague roll call was still going on. What, exactly, was going on in that huddle by the Chair?

This is what was going on: They were taking the vote. It was after midnight, and suddenly that strict adherence to rules didn’t seem so strict anymore. Whispers were trickling out, confirmed by the AP: SB5 had passed, 17-12.

Twitter was going bananas. I checked the networks again. CNN was re-running Anderson Cooper. MSNBC was re-running Lawrence O’Donnell. Fox was re-running Greta van Susteren. Journalist Lizzie O’Leary tweeted, ‘Interesting choice you made tonight, cable news executives.'”

By now you’ve heard how it turned out: the good old boys intent on changing a law that most Texans thought didn’t need changing (and despite having failed in their effort to change the law during the regular session, by the way) were gobsmacked at the reaction of the crowd, yet tried to push ahead and took a vote on the bill after the deadline and declared victory, only to be confronted with not only the evidence of their failure to act within the rules of the chamber but evidence that someone messed with the records (Anthony De Rosa posted screenshots of the evidence, here and then here) and ultimately conceded defeat of the bill on other technical grounds.  And just as expected, Governor Haircut issued a call for another special session starting next week so legislators can have a third bite at the apple.

Yeah, but we didn’t need to see any of that live as it happened, did we…

UPDATE 6/28 8:00 am CT: Patti Kilday Hart at Houston’s Leading Information Source solves the mystery over the conflicting reports of when the Texas Senate voted on the abortion restriction bill, and it turns out there was no hanky-panky.  The respected secretary of the Senate Patsy Spaw explains that the vote started before the special session ended at midnight–she knows because it’s her job to check the clock before starting the roll call–and the rules allow such a vote to count; because of the noise in the chamber the staffer charged with recording the vote had to leave her desk to hear the result, and it was past midnight when she returned to her workstation to enter the result; someone later manually changed the date in the system to reflect the correct date of passage.  But the bill ultimately was not passed legally because, as Lt. Gov. Dewhurst said at the time, it hadn’t been signed by the presiding officer “in the presence of the Senate” as required by the state constitution: all official action of the special session ended the moment the senators left the chamber (because of the noise) after midnight, and could not resume when they returned some time later Wednesday morning.

Michael Berry was wrong before he was right, I was just wrong

One of the things I learned from the whole affair was that I can get as lazy as anyone about paying attention, and I need to watch that.  In this case, not only was I sucked in by the trick and missed the obvious transgression, I got schooled on the thing by the guy I was delighted to believe was going to suffer—not only for his own alleged unlawful behavior but from what I assumed is the bigotry of his fans.

The facts are MBerrythese: late last month a Chevy Tahoe registered to local radio talk show host and former Houston City Council member Michael Berry was implicated in an traffic accident in which witnesses saw the vehicle strike an unoccupied parked car and then leave the scene.  The vehicle was later witnessed driving around the block back to the scene a second and a third time without stopping, and on those subsequent passes the driver was ID’ed as Berry; Berry was also visible in surveillance footage shot inside a nearby business just before the accident happened.  Police investigated, filed no charges; Berry subsequently acknowledged being inside the nearby business at the time in question, but has not admitted or denied being behind the wheel when the accident occurred.  Well, that’s all very, well, (yawn)…

But that wasn’t the story when I heard it.  The Big Story that was broken by a local television station last week (which I didn’t see) and was then followed up by Houston’s Leading Information Source (which I did) was that a local conservative talk show host was implicated in a hit-and-run outside a gay bar.  The “conservative” (like there’s any other kind on a political show these days?) and the “gay bar” are also factually accurate, but entirely beside the point if you were to assume that any actual news here is “prominent Houstonian investigated for hit-and-run” and not “conservative loudmouth attends drag show at gay bar (and sideswipes a parked car without leaving his information).”

I admit: when I read the story in the paper my first thought was to assume that Berry was going to get roasted by his hard-core conservative radio audience for patronizing a gay bar, and I smiled a little smile of satisfaction…and, yes, my second thought was that it was wrong of him to back into a parked car and then leave, although to me the “illegal leaving” made sense if he was trying to keep from being caught up in the “gay bar” part of the situation.  It was just funny that someone who was trying to keep from being caught would drive by the scene again—twice!—and if he was going to be that dumb then he deserved what he was going to get.

Berry said nothing publicly about the matter until he opened up his radio show yesterday, and then he spent an entire hour on it.  It took him 34:42 into the hour before he got to the hit and run allegation at the center of the case and then he said he couldn’t talk about it because it’s a pending legal matter; he reminded listeners that he hasn’t been charged with anything, and stated that he has cooperated with the police fully.  That all makes good sense legally but it’s jarring to the sensibilities: if you’re talking about the incident at all, how can you refuse to address the central issue?

What he did talk about, though, was the attack on him by the TV station, and he was right about that, to a point.  KPRC-TV led its newscast—led the newscast, mind you; ostensibly the most important event of the day—with a story about a two-week-old, injury-less, hit-and-run accident in which a former city council member and prominent local media member was implicated, but had it all dressed up with screams of “gay bar” and “drag show.”  That’s got to be in someone’s textbook as an example of how to unfairly and misleadingly characterize a simple set of facts.  The station’s report included proof that a traffic accident occurred and that Berry’s vehicle was involved, but otherwise served only to raise the titillation quotient and crank up the rumor-mongering machinery.  KPRC-TV should be ashamed of itself, but probably is not; it lost its soul when the local owners sold it to Post-Newsweek in 1994.

So for me, if Berry had left it there he’d be declared the hands-down winner in this little bit of business.  But no.  The man to whom I once wrote a nice letter about his expressed hope that any mosque built near Ground Zero would be bombed couldn’t let it rest.

I listened to Berry’s on-air response posted on the station’s website.  He claimed he was being smeared with reports from “unnamed sources” that he intimated may not actually exist..and then he threatened to respond with reports from his own “unnamed sources” and their (wink, wink) “allegations” about KPRC people.  Berry asserted that the “gay bar” story was “shopped around” to local reporters by political insiders (whom he did not name) and enemies he’s made over the years.

He said he went to the bar in question, where gay patrons were present, because he wanted a beer, thought he wouldn’t be recognized there, and didn’t want to be bothered.  Fine.  He also refuted the assumption that all conservatives hate gay people, and pointed out that he himself has taken on gay-bashers in the past, Pat Robertson in particular.  But I thought he showed an inability to control his own temper: anger at being wrongly accused may be understandable, but Berry’s display of flashes of that anger, and his childish name-calling, showed a lack of self-control.

So anyways, thanks Michael Berry, for reminding me that if I am ever being tortured by being made to watch the news on KPRC-TV that I make damn sure to have the BS filter cleaned and installed ahead of time.  And thanks to you, too, Patti Kilday Hart, for invoking the memory of the late, great Bob Bullock to teach a lesson to people like me:

The recovering alcoholic, chain-smoking, serial husband would remind us that life’s darkest moments offer opportunity for profound change.  He’d tell Berry to listen to his lawyer and shut up.

Then he’d give the rest of us a dark scowl and suggest what we should give up for Lent: Schadenfreude, the personal enjoyment of another’s suffering.  Bullock knew something about personal foibles.  We all have them.

Beware of those peddling politics for dummies

The chattering classes say Republicans are in trouble because of House Budget Committee Chairman Paul Ryan’s proposed changes to Medicare.  They say that because, across the land, there has not been a rousing call for its adoption by acclamation, and therefore we can ascertain that the proposers are on the outs with the American people.  In fact some people do object, and for a number of reasons, but I don’t know how much trouble the whole GOP is in over this issue, since I try not to make the sweeping generalization my first conclusion or give myself credit for being able to see the future or into the minds of others.

But I think that what’s happening right now on this subject is a good thing.  We need to talk about details if we’re going to find a way out of our federal budget mess.  No one has wanted to talk specifics because, well, talking about paying more and spending less is not fun.  But beyond that, few in power dare to address specifics for fear that the short attention span American voter and the heat-before-light American news media will fixate only on the fact that someone proposed something and rain down ridicule and ignominy upon them until the end of days (no, not until October 21, for much longer than that).  Any open discussion or real give and take on a serious issue becomes more and more unlikely as it becomes more and more clear that the discussion will be intentionally twisted into a negative campaign ad.

We have to talk specifics on this, but that doesn’t mean that we have to do everything that is proposed, or that every unadopted proposal is a failure.  Ryan’s plan may never become law, but it already served the purpose of getting us talking about details.  Now we need to keep talking, not recoil from the negative reaction to the first serious plan and never say anything ever again.

The budget crunches in this country are real and can’t be solved just with accounting tricks; it’s going to mean painful cuts in programs that people need as well as ones they want.  For example: here in Texas our state law requires a balanced budget and there’s only so much money available this time around—tens of billions of dollars less than the current budget.  Absent a multi-billion dollar windfall of biblical proportions, the only way out means someone’s ox gets gored…or likely in this case, everyone’s oxen.  As Patricia Kilday Hart made the point in a recent column, the discussion is about what gets defined as an “essential” government program.  In order not to reach into the state’s savings account this time, there are budget plans that make some changes:

It cuts state Child Protective Services “intake” offices so severely that officials predict 85,000 calls about abused children will not be answered.

It shortchanges school districts for the 80,000 new students expected to show up at the front doors of public schools next year.

It cuts Medicaid reimbursement rates to nursing homes so drastically that the industry predicts 75 percent of the nursing homes in Texas will shut their doors, leaving 60,000 elderly Texans without care and 47,000 employees without jobs.

The polls have been showing for a while that people want the budget fixed, they just don’t want the fix to hurt them.  Well, “they” are going to have to get over that or “we” will get nowhere…except closer to the edge as the wind picks up a little bit.

Don’t let the rules of evidence get in the way of a guilty verdict, not when you can change the rules

Did I grow up on another planet?  Was my education about the basics of a criminal trial, or even just the nature of plain old fairness, totally alien?  Apparently so, when I read what the Texas Legislature is up to

We here in the Texas state senate are voting to change a rule of evidence in criminal trials.  Now, this wouldn’t be for every criminal trial, just a special kind of case, one where the defendant is accused of rape or sexual assault.  Y’see, people accused of rape or sexual assault—not convicted or admitted rapists, mind you, but accused rapists—they are so clearly evil (evident by the fact that they have been accused) that we think our good God-fearing prosecutors deserve a little help inflaming the passions of connecting with the jury.

This bill would make it legal in rape and sexual assault cases for the state to present evidence to a jury—after the judge hears the evidence outside the presence of the jury and decides that it is relevant—that at some time in the past there had been similar allegations of rape or sexual assault made against this same defendant.  Now, we’re not talking about telling the jury about a person’s record of criminal convictions during the punishment phase of the trial, after they already found the guy guilty of the new charge; that’s already in the law.  No, we mean telling the jury before they reach a verdict in this case about any time in the past when the same defendant was ever even accused of a similar crime.

Now, just to be clear: we’re not saying the jury should know that this guy was once arrested, or indicted, or tried on a similar charge; that’s OK and all, but we mean we want it to be OK for the jury that hasn’t yet decided if this scumbag’s defendant’s guilty of this crime to be told if he was ever accused of any similar crime—doesn’t matter if he was never arrested, or indicted, or tried on the previous accusation.

You and I both know that there’s some of them whiny types (folks who came here from New York City, probably) who’d say we’re ignoring fundamental rights and revving up some kind of witch hunt, but they just don’t understand how we do things here in Texas, is all.  We’re putting this together to go with a new package of laws we think’ll be good for Texas, stuff like:

Not getting all spun up about $27 billion in state budget “challenges” and starting the session off with having Governor Haircut declare that things like mandatory pre-abortion sonograms and outlawing sanctuary cities and demanding Congress pass a balanced budget amendment are emergencies, and need to go to the head of the legislative line; and

Making sure we get our money’s worth out of our lazy-ass liberal college professors by putting a premium on productivity and emphasizing more time in the classroom, not that egg-headed research they’re so keen on; and

Seeing to it that the long-suffering public servants in the Legislature get the treatment they deserve and can carry their concealed handguns in places like bars and amusement parks, places where we already decided it wouldn’t be safe to have everyone packing.

Any questions?  Well, thanks for your attention.

These are my favorite stories about the Texas Legislature:

There was a “typo” when they wrote the state constitution back in 1876—they didn’t mean to have the legislature in session for 140 days every two years, they meant for it to be two days every 140 years.

In the 1970s the mayor of Austin, who was noted for an irreverent sense of humor, was holding his weekly news conference and a reporter idly mentioned, “Well, the Legislature’s coming back to town soon.”  The mayor’s immediate response: “Lock up the kids and dogs!”