Yesterday, the City of Bastrop Ethics Commission voted unanimously to issue a letter of reprimand against Mayor Lyle Nelson for allegedly “interfering” with an investigation by refusing to turn over his private, personal device data.
Oh, the irony.
This happened at the same time that members of Congress scuttled FISA 702 over the issue of warrantless searches of Americans’ digital data. Our Congressman, Michael Cloud (CD-27), voted against the current iteration of FISA 702, stating “The Constitution is not a set of recommendations or suggestions,” said Rep. Cloud. “It is the limit on our government. Our first job in Congress should be to protect the peoples’ liberties from government intrusion, and allowing for warrantless spying on American citizens is a grave violation of those liberties. This is a red line for me and should not be a partisan issue. If you need to surveil someone, get a warrant.“
Nelson’s lawyer stated “Even as a public official, people have their right to privacy and the minutiae of their private lives are not fair game just because a City Council seeks to pry into their lives.”
No warrant was issued for Nelson’s private device data. While the original allegation was misappropriation of VisitBastrop funds, which are predominantly taxpayer funds, no action has been taken against the former executive director of that organization, the person with the authority to make financial decisions. (In fact, effective January 1, 2024, she officially joined the board of the national DI organization.) Nelson was not a VisitBastrop board member, City Council member or mayor at the time of the allegations.
Based on the Ethics Commission decision, who in their right mind would want to serve on any board or commission in the City? Who would put their name forward knowing that, at any time, the City Council can demand their personal data be provided to an investigator without a warrant; and a refusal to provide that data, demanded without a warrant, would result in a public reprimand or possibly loss of office?
I’ve served on many boards and commissions, both by appointment and by running for office. Luckily, that was prior to the personal proliferation of cell phones. This is why today many elected officials use encryption apps like Signal. Want the password to my Signal account? Get a warrant. Want my personal data? Get a warrant.
The Fourth Amendment of the US Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
While a majority of the US Congress stood for the Fourth Amendment yesterday, these City of Bastrop appointees and elected officials chose to ignore it. Oh, the irony.