March 14, 2018      5:17 PM
Federal Judge to rule before the end of the week in Empower Texans case over anti-Geren mailers
Judge David Counts tells Empower Texans’ attorneys that what it seems they want the federal court to do is “tie the hands of elected district attorneys from doing what they’re elected to do”
– A federal judge in West Texas said Wednesday afternoon that he will decide by
the end of the week whether to block local prosecutors in Austin, Fort Worth,
and here in Midland from possibly prosecuting Empower Texans over
deceptive mail pieces sent to voters using the DBA “Texas Ethics Disclosure Board.”
civil rights claim was filed here in the Permian Basin even though no district
attorney here or anywhere else has threatened to prosecute Chairman Tim Dunn’s group over the mail pieces,
which may have violated state law banning impersonation of a government
official or entity.
being sued because I exist,” said Midland County District Attorney Laura Nodolf shortly after the two-hour
hearing at the George H. W. Bush Federal Courthouse. None of what has been
alleged to have happened occurred within Nodolf’s jurisdiction, her attorney Eric Johnston noted in court.
By Scott Braddock