Democrats say San Marcos officials didn’t respond to “Trump Train” that harassed Biden bus

San Marcos city officials were notified more than 24 hours in advance about a planned campaign event Friday on behalf of Joe Biden, the Democratic presidential nominee. Lisa Prewitt, a Democratic candidate for Hays County Commission, flagged local law enforcement early Thursday afternoon for the campaign to share safety concerns about the visit.

She called again the next day to report the dozens of cars and trucks with Trump flags surrounded the campaign bus on Interstate 35, creating a so-called “Trump Train” that led to a minor collision and an FBI investigation.

But San Marcos police never made it to the scene.

Prewitt, a former City Council member, said in an interview with The Texas Tribune that she called Chase Stapp, San Marcos’ director of public safety, on Friday and said that the bus was 30 minutes away from the event location in San Marcos and was being followed by 50 or so vehicles with Trump flags.

“I let [Stapp] know what was going on and [asked] if we were going to be receiving San Marcos [Police Department] backup, and I was reassured once again that would happen,” she said. “We never did see any law enforcement from the county nor the city show up to assist the Biden bus.”

A spokesperson for the city of San Marcos said police responded to requests to assist the bus, but traffic prevented officers from catching up before the bus left the city limits. The campaign had decided to cancel the San Marcos event and drive straight through to Austin because of the caravan behind the bus.

Stapp said in a statement that Prewitt never specifically requested a police escort or said the “Trump Train” was causing issues on I-35.

“With the exception of the two phone calls to me from Ms. Prewitt, at no time did anyone from the campaign request assistance from the San Marcos Police Department in advance of the event so that the request could be evaluated and prepared for,” Stapp said in a statement.

The confrontation, which garnered national attention, came just a few days before a contentious presidential election, as Democrats close ground in a state that is polling like a potential battleground in the race for president. Law enforcement agencies in at least four major cities, including Austin and San Antonio, have said they are planning for potential unrest around the election.

Prewitt said she expected that when she reported the activity, San Marcos police would respond with an escort for the bus and officers waiting at the site of the destination.

“I would assume that knowing the political atmosphere, knowing what was already taking place along the corridor, they would have also had police officers and county sheriffs available, too, to ensure things like that car accident didn’t happen and endanger all the lives of people on the highway, as well as people in the Biden campaign bus,” she said.

The Biden campaign did not respond to multiple requests for comment.

San Marcos city officials said they had staff available to assist at the event, but they did not respond to requests for additional details about how many officers attempted to respond to the incident on the interstate.

At least one elected official accused police of playing politics ahead of Tuesday’s election.

New Braunfels police responded to 911 calls for assistance Friday and provided an escort throughout their jurisdiction. Spokespeople for Kyle police, Buda police and the Hays County sheriff said they did not know of the campaign event before Friday. A spokesperson for Hays County sheriff said given advance notice, all law enforcement agencies work together to make a plan for events like this. When asked whether San Marcos police should have alerted the Hays County sheriff’s office of the event, Lt. Dennis Gutierrez said no.

“They must have felt that they had it under control for the event in the city, but when the caravan kept heading north, it changed the dynamics tremendously,” Gutierrez said.

But Becerra said it’s disturbing that the sheriff’s office did not know of the event because the agencies share radios.

“If we had one sheriff’s department vehicle moving through with them, just one vehicle, none of this would have happened,” he said.

Meanwhile, U.S. Rep. Lloyd Doggett, D-Austin, condemned the Trump supporters’ behavior, and State Rep. Terry Canales, D-Edinburg, sent a letter to the Texas Department of Public Safety asking the agency to open an investigation into the “multi-county, criminal behavior on I-35” and “use the full weight of its resources to hold these criminals accountable.”

https://www.texastribune.org/2020/11/02/texas-democrats-trump-train-biden-bus/

Gov. Newsom overstepped his power with executive order on election, California judge says

Gov. Gavin Newsom overstepped his executive authority when he issued an executive order in June specifying how counties should carry out a mostly vote-by-mail election, a Sutter County judge said in a preliminary decision on Monday.

The ruling will not affect the 2020 election, although it invalidates the election process executive order.

Judge Sarah Heckman wrote Newsom exceeded his authority and violated the separation of powers between the three branches of government when he issued Executive Order N-67-20 directing county election officials to take certain steps leading up to the general election. Newsom’s order cited the coronavirus outbreak as an emergency that warranted additional election protocol.

His order specified how many polling places and ballot drop boxes counties must have. An earlier executive order, N-64-20, required counties to send mail ballots to all registered voters.

Shortly after he issued the election orders, the Legislature passed two bills that effectively put his directives into law.

Republican Assemblymen James Gallagher of Yuba City and Kevin Kiley of Rocklin filed the lawsuit, contesting Newsom’s use of his powers.

The governor’s attorneys argued that the executive order was within the bounds of the California Emergency Services Act, which gives the governor broad authority in a state of emergency, such as the coronavirus pandemic.

But Heckman on Tuesday said the act only gives the governor power to issue orders and regulations and to suspend certain statutes — not create new ones.

“The governor does not have the power or authority to assume the Legislature’s role of creating legislative policy and enactments,” Heckman wrote in her opinion.

The court also prohibited Newsom from further exercising any power under the act which amends, alters or changes existing statutory law, or makes new statutory law or legislative policy.

The suit has received widespread public attention, especially from those who feel Newsom has acted unfairly and unilaterally in restricting economic activity during the pandemic. The hearing, conducted via live stream on Oct. 21, received thousands of views on Facebook.

Kiley and Gallagher applauded the court’s decision on Monday.

“We have been arguing that the California Emergency Services Act does not provide for one-man rule. Today, the court agreed with us,” the lawmakers said in a joint statement. “This is a victory for separation of powers. The governor has continued to create and change state law without public input and without the deliberative process provided by the Legislature. Today the judicial branch again gave him the check that was needed and that the Constitution requires.”

Jesse Melgar, press secretary to the governor, said in a statement that the ruling makes clear that Newsom’s statutory emergency authority is broad and constitutional, and that he has the authority in emergencies to suspend statutes and issue orders to protect Californians.

“Additionally, this ruling has absolutely no effect whatsoever on the current election,” Melgar said. “We strongly disagree with specific limitations the ruling places on the exercise of the governor’s emergency authority and are evaluating next steps.”

https://www.sacbee.com/news/politics-government/capitol-alert/article246906342.html