ABC 7 Xtra: 8th Court of Appeals Decision on Cook Case

Ya know, before the decision handed down by the 8th Court of Appeals, the central players in the recall movement wouldn't shut up. They were everywhere. A running camera and an open mic where their best friends.

Now, they are no where to be found. Theresa Caballero, who is in the middle of a campaign for a judicial position, and who has run basically on the argument that she is a champion for justice, is no where to be found.

Interestingly during her comments to the El Paso Young Stonewall Democrats endorsement meeting Caballero talked about how she has been "fighting for gays, fighting for blacks, fighting for Mexicans, fighting for women, fighting for whites..." and even went so far as to distance herself from Pastor Brown's views on homosexuality.

But its in her effort to distance herself from Brown's comments that I find most interesting. They start at around 3:50 mark of the video below. She specifically said that she didn't want the views of some of the people she has represented to be confused with her own. She also spoke about defending a cross-section of people and being a professional.

Which is a valid argument if you were talking about someone's constitutional right to a defense. But she wasn't representing Brown and the El Pasoans for Traditional Family Values in a criminal matter. She was not appointed to be their counsel. She CHOSE to represent them. Let's not confuse the facts about that.

Later she went on to say that she signed the recall petition because members of city council threw out the vote and that "...its is a pillar of Democracy that the vote must be respected..."



Well, I would beg to differ. The Supreme Court ruled in Gore V. Bush to the contrary.

She closed by saying she will "defend anybody who is wronged by the process". Well, once again, Caballero was not defending Brown and the EPFTFV. It was not a criminal proceeding. Furthermore, her basic premise is wrong. No one was wrong by the process.

Our city charter, ratified by the voters, expressly conveys the power to overturn the ordinance to members of council. People should understand that and stop saying that something that isn't true.

They are either purposely lying or ignorant to the facts.

The members of council that were facing the recall should've corrected people every time they said that. But they didn't, and thats why people think the city council did something wrong. But they didn't. They were entirely within the powers conveyed to them by the city charter.

During the ABC 7 Xtra show on Sunday, someone actually contacted the show and called their actions "unconstitutional".

Understand the process. Its important.

I'm looking forward to what Caballero and Brown have to say on the ruling of the 8th Court of Appeals. It appears now that all 4 judges that reviewed the case (Alvarez and the 3 members of the 8th Court of Appeals) all came to the same conclusion...that the EPFTFV illegally obtained signatures.

Brown appears to have said something along the lines of the 8th Court of Appeals had their own agenda. Which is interesting because Brown invoked the 5th Amendment repeatedly during the trial. And what is even more interesting is that the decision was unanimous. The Court is comprised of three members, one of whom is Republican Chris Antcliff.

Can't wait to hear some reaction from those on the side of the recall....