The risks of cool: Is Beto skating on thin ice with his old DWI?

Good Friday Austin.

Forty-four years ago, at the age of 20, I drove drunk and got in a minor accident.

I have no memory of what happened.  All I know is I could have killed someone. I could have killed myself.

I was two years into college at Tufts University. I had moved into a house off-campus for the first time with a friend, and we were throwing a party and, well, hardly anyone showed up (I’m not even sure  my housemate came).

In despair and humiliation, I consumed most of what was probably a 750 ml bottle of Jack Daniels, my drink of choice, having outgrown the sicklening sweetness of Southern Comfort. That summer I had made a pilgrimage in my parent’s hand-me-down Dodge Dart to the Jack Daniels distillery on my drive from Somerville, Massachusetts, to visit a college friend in Seguin. (It would also be my first visit to Austin.)

The next morning after my “party” – actually the next afternoon –  I woke up in my bed and realized I couldn’t account for the night before.

I didn’t know where my car was. I walked in circles around the neighborhood and the nearby campus looking for it, sheepishly asking friends if they had seen me the night before. (I didn’t bother to ask why they had not shown up for my party, which would have saved me from the awful dilemma I found myself in.)

Eventually, I got a call from the Somerville police. I had apparently grazed a car with my car and parked it, or nicked the other car while trying to park the Dart. There was not much damage to either car, and there had been no one in the other car, but that was sheerest good fortune.

I went to the police station. I told them what I knew, which was not much, and the officer, who was used to dealing with students from Tufts and other fancy schools in an area teeming with them, told me I had a privileged and lucky place in the world, and not to blow it.

That was it.

I felt embarrassed, ashamed, chastened and enormously privileged and lucky.

I told my family and a few friends about what happened, but have seldom mentioned it since.

To this day, a mere sniff of Jack Daniels makes me retch, though I learned in the last few years that that reaction only applies to Jack Daniels and its inferiors, and not to the many finer whiskeys now so available, which are better savored than swilled.

I am telling you about this experience because it kept coming to mind of late as I thought about how to assess Beto O’Rourke’s DWI twenty years ago, in the early morning hours of Sept. 27, 1998, following on the night of his 26th birthday.

I am back this week after two weeks back East for the wedding of my son last Saturday, and my nephew, the Sunday of Labor Day Weekend.

Just before I headed East, Gardner Selby had done a PolitiFact Texas looking at whether O’Rourke had been arrested for drunk driving back in 1998, as Silvester Reyes, the congressman he unseated in 2012, had charged in a campaign ad that year.

That DWI was not in dispute.

As Selby noted, “Democratic U.S. Senate candidate Beto O’Rourke of Texas has said that in younger days he was twice arrested in his hometown of El Paso–once, he says, for leaping a campus fence and the other time for driving while intoxicated.”

“The oldest published account of the arrests appears to be an April 2005 El Paso Times news story about O’Rourke’s successful run for a seat on the El Paso City Council. The story, which we found by searching the Nexis news database, quoted the incumbent, Anthony Cobos, stressing O’Rourke’s DWI arrest. Cobos, who later served as county judge before being convicted on embezzlement charges, said at the time: “I think you lead by example and his example speaks for itself.”

According to the story, O’Rourke was arrested on a DWI charge in September 1998 that was dismissed in 1999 after he completed a court-recommended DWI program. “I’ve been open about that since the very beginning. I have owned up to it and I have taken responsibility for it,” O’Rourke told the paper.

But, on the Friday before Labor Day I saw on my phone a tweet about a story revealing new information on the 20-year-old DWI.

The story had originated with Kevin Diaz, a Washington correspondent with the Houston Chronicle.

WASHINGTON – U.S. Rep. Beto O’Rourke has long owned up to his drunken driving arrest 20 years ago, describing it in a Houston Chronicle/San Antonio Express-News op-ed piece earlier this week as a “serious mistake for which there is no excuse.”

Although the arrest has been public knowledge, police reports of the September 1998 incident – when the Democratic Senate candidate had just turned 26 – show that it was a more serious threat to public safety than has previously been reported.

State and local police reports obtained by the Chronicle and Express-News show that O’Rourke was driving drunk at what a witness called “a high rate of speed” in a 75 mph zone on Interstate 10 about a mile from the New Mexico border. He lost control and hit a truck, sending his car careening across the center median into oncoming lanes. The witness, who stopped at the scene, later told police that O’Rourke had tried to drive away from the scene.

O’Rourke recorded a 0.136 and 0.134 on police breathalyzers, above a blood-alcohol level of 0.10, the state legal limit at the time. He was arrested at the scene and charged with DWI, but completed a court-approved diversion program and had the charges dismissed.

In a statement Thursday, O’Rourke did not address the witness account of his alleged attempt to flee.

“I drove drunk and was arrested for a DWI in 1998,” O’Rourke said. “As I’ve publicly discussed over the last 20 years, I made a serious mistake for which there is no excuse.”

That and a separate arrest for jumping a fence at a University of Texas-El Paso facility have long been a matter of record in O’Rourke’s public life, both on the El Paso City Council and in Congress. But the unexplained details of the crash and DWI in Anthony, a suburb about 20 miles north of El Paso that borders New Mexico, could now emerge as a potential attack point in his quest to unseat Texas Republican Ted Cruz.

The report (and the reporter referred to in the report, is I believe, simply a reference to a witness, not to a member of my besieged and dwindling craft) paints a far more disturbing picture of the scene than my default assumption that O’Rourke had simply been pulled over for weaving, or the like,  and found to be drunk.

His story doesn’t really add up, except perhaps as the best a drunk suspect could come up with on the fly.

But again, who am I to talk?

O’Rourke told the El Paso Times in 2012 that “he was driving an intoxicated friend home in the fall of 1998 when he was arrested for DWI.”

There is no mention of the other person in the police report.

O’Rourke was never charged with attempting to leave the scene – and it’s not clear from the report how exactly the witness kept him from fleeing. O’Rourke completed a diversion program and the charge was dismissed.

Case closed.

But, when I read the Chronicle story, I assumed it would explode.

O’Rourke had been on a most remarkable run that had made what should be an unwinnable race at least competitive. But, to sustain his momentum, everything needed to continue to break just right, and now here was that unforeseen thing breaking very wrong.

It seemed like the kind of story that could give serious pause to that small but crucial category of Texas voters who don’t usually vote Democratic but were thinking about giving this open and engaging new guy a shot.

From New York Magazine:

It’s true that drunk-driving offenses are nothing new for Texas voters — former governor George W. Bush once pleaded to driving under the influence, an incident that came out in the press just before he won the presidency in 2000, and did not seem to hurt his standing in the eyes of Texans. But O’Rourke came closer to causing death and destruction than Bush. O’Rourke has also positioned himself as a forthright chronicler of his own imperfect past, and the fact that he left out a key part of it may hurt his reputation for candor.

I thought that it certainly meant that every time he was compared to a Kennedy – which is all the time – the underside of that likeness would now kick in.

I thought that myself and other reporters – at fault for not having had the story sooner – might look at O’Rourke at least a little differently.

And I thought that even Betomania might now be tinged with some doubt, that even his supporters might pause for a moment to take it in.

But, I was wrong, at least so far – and I say so far because I am sure the Cruz campaign and/or allied super Pacs, will eventually make great use of it – because the story didn’t blow up and, so far at least, it doesn’t appear to have slowed O’Rourke’s momentum one whit.

The week between my two weddings, O’Rourke appeared on The Ellen Show, after DeGeneres, in awe of his viral tweet on NFL players kneeling during the National Anthem, tweeted …

I didn’t watch the show live, but I figured this would be a very safe space for O’Rourke to offer a fuller, more Beto-like explanation of the new facts about his long-ago DWI.

When I looked later, The Ellen Show had cut up his interview into bite-size videos, one of which had the promising title, US Senate Candidate Beto O’Rourke Gets Candid on His DUI.

 Here it is. You can watch it, and then I’ll break it down into even more bite-size morsels.

 

Yes indeedly-doodly, as Ted Cruz might saying doing his best Ned Flanders.

Ellen proceeded cautiously.

 

 

OK Beto, let ‘er rip.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

That was, in and of itself, a good answer, and one that, as someone who benefited from the same privileges twenty years earlier, I wholly subscribe to.

To Beto I say, “Right on my white brother.”

The audience loved it, and I thought, fine, now keep going. Put a little texture, some telling detail, on what happened way back when. Lay a little candor on us. At least tell us that no one showed up at your birthday party and you were drowning your sorrows

But no. That was it.

OK. I understand this isn’t Ellen’s job, but then she shouldn’t present her tropical pink set as  place where candor, and not just canned righteousness, might flourish.

I understand this was not 60 Minutes.

This was not Oprah.

I believe, as Beto told Ellen, that she is force for goodness and kindness.

But, as an interrogator here, she is who she is when she voices Dory.

Somehow – and this is how good he is – O’Rourke had turned an opportunity to come clean about a shameful moment in his past into an opportunity to be further praised and congratulated on national television for his moral virtue.

Wow.

But wait, there’s still half the 2 minutes and 37 seconds left in the Beto O’Rourke Gets Candid on his DUI segment.

There is still time to see him sweat.

And, indeed we do, as Ellen marvels at O’Rourke’s heroic journey across Texas in the dreadful heat of summer.

But Ellen is all about solutions, not just problems.

In this case it’s a custom-designed Beto for Senate fan harness to keep O’Rourke cool on the campaign trail.

 

 

OK.

Having survived Ellen, O’Rourke took his chances this week with a tougher customer – Stephen Colbert.

Colbert gave O’Rourke a lot of time – offering a four-minute  comedy monologue setting up his seven-minute interview with O’Rourke.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OK.

Texans of every political stripe know there is no shame in a super-cool booking photo.

Poster by Sabo

But O’Rourke’s DWI was dispatched by Colbert as old news that O’Rourke had already apologized for.

Colbert didn’t return to the subject in his interview with O’Rourke, though he did ask a number of other pertinent questions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It was another charming, bravura performance by the phenom.

But, while O’Rourke is consistently earnest and modest in his presentation, there does lurk the danger of simply being too cool, which can, at some point, invite the jealousy and resentment of the less cool, not to mention the uncool.

Texas Democrats do not want their underdog hero’s campaign to unspool amid the Revenge of the Nerds.

I expect the Cruz campaign to present O’Rourke as an indulged child of out-of-touch privilege who could afford to collect a cool booking photo or two along the way and not pay a price.

O’Rourke is only a year younger than Cruz, but as Colbert noted this week, he appears much younger.

 

That can be an advantage for O’Rourke, if it embodies his fresh energy.

Or it can be a disadvantage if the Cruz campaign is able to persuade voters that O’Rourke is callow, or even hollow.

When it’s all over, the defining image of O’Rourke’s campaign may be him effortlessly gliding by  – looking 20, or 40, or nearly 47 – on a skateboard in the parking lot of a Brownsville Whataburger last month.

He is cool, but the peril of being so cool and beguiling is that he can skate by on things that maybe he shouldn’t skate by on

That may be what it takes to elect a Democrat to statewide office in Texas in 2018. But, with the new details about the old DWI, the way he’s handled it so far, and the opponent he is up against, he may skating on thin ice.