Cornyn: FBI to assist with locating, arresting Texas Dems who fled state

The FBI on Thursday agreed to assist with arresting Texas Democrats who fled the state to prevent the Texas House from reaching a quorum and conducting official business.

On Sunday, more than 50 Democrats fled the state, many to Chicago, to prevent a House vote on redistricting, and all other votes during a special session of the legislature, by preventing a quorum from being reached. They also fled Texas to avoid being arrested by state law enforcement.

On Monday, House Speaker Dustin Burrows, R-Lubbock, signed civil arrest warrants and by Tuesday, only eight Democrats showed up for work. Gov. Greg Abbott ordered the missing Democrats to return to Austin by Monday or face being arrested and removed from office. He directed Texas Department of Public Safety officers to arrest them once in Texas and Texas Rangers to investigate them for potential bribery charges. He also filed an emergency petition with the Texas Supreme Court to remove House Democratic Caucus Chair Rep. Gene Wu, D-Houston, from office.

Former Texas attorney general and Texas Supreme Court justice, U.S. Sen. John Cornyn, R-Texas, on Tuesday requested FBI Director Kash Patel to have the FBI locate House Democrats out of state and arrest them. Several dozen are in Chicago.

On Thursday, Cornyn announced the request was granted.

“I am proud to announce that Director Kash Patel has approved my request for the FBI to assist state and local law enforcement in locating runaway Texas House Democrats,” Cornyn said. “I thank President Trump and Director Patel for supporting and swiftly acting on my call for the federal government to hold these supposed lawmakers accountable for fleeing Texas. We cannot allow these rogue legislators to avoid their constitutional responsibilities.”

At a White House news conference on Wednesday, President Donald Trump was asked about Cornyn’s FBI request to assist with locating missing Democrats. He replied, “Well, they may have to,” he said of the FBI. “I know they want them back,” he said of Texas leadership. “The Governor of Texas is demanding they come back. So, a lot of people are demanding they come back. You can’t just sit it out. You have to go back. You have to fight it. That’s what elections are about.”

Attorney General Ken Paxton, who is challenging Cornyn for his Senate seat, has waffled on his response.

On Tuesday, he said on a podcast, “This is a state issue. I don’t know what the FBI would have to do with this – nothing. This is a purely state issue.”

Cornyn said “the FBI has tools to aid state law enforcement when parties cross state lines, including to avoid testifying or fleeing a scene of a crime. Specifically, I am concerned that legislators who solicited or accepted funds to aid in their efforts to avoid their legislative duties may be guilty of bribery or other public corruption offenses.”

On Monday, Paxton said it was unlikely his office could do anything and the responsibility to pursue charges laid with county attorneys. He told Fox News, “Ultimately, it’s up to local District Attorneys, most of these are Democratic District Attorneys by the way, for these Democrats to prosecute. I think it’s unlikely – a small probability.”

After Abbott filed the emergency quo warranto petition with the Texas Supreme Court, the Office of Attorney General published a news release saying Paxon “has led the fight to hold the runaway Democrats accountable for breaking quorum,” without citing what legal actions Paxton had taken while vacationing in Europe.

It also published a letter from Solicitor General William Peterson to the Texas Supreme Court saying Abbott didn’t have the authority to file the petition, The Center Square reported.

“The Attorney General appreciates the Governor’s passion for ensuring that the Texas House reestablishes the quorum that is necessary to discharge the important business of the Legislature, this Court’s precedent is clear that a ‘quo warranto’ proceeding ‘can only be brought by the attorney general, a county attorney, or a district attorney.’” The Texas Constitution “charges ‘the Attorney General’ with the obligation ‘to represent the State in all suits and pleas in the Supreme Court of the State in which the State may be a party,’” Peterson wrote.

Paxton has yet to file a quo warranto petition.

Peterson also asked the court not to dismiss Abbott’s petition “until the Speaker’s Friday deadline passes and the Attorney General can be heard on these weighty issues.”

The court didn’t dismiss the case and ordered Wu’s response for Friday.

Abbott then issued a statement clarifying his lawsuit, stating, “To be clear, the lawsuit I filed today seeks relief directly from the Supreme Court based on authority of the Texas Constitution, Section 22 of the Government Code & Supreme Court precedent. I am not seeking relief from a trial court under Chapter 66 of the Civil Practice & Remedies Code. The runaway Democrats must be held accountable immediately. This letter is filed with the Texas Supreme Court to make clear the authority I have to bring this lawsuit.”

The OAG issued another statement Tuesday saying Paxton would pursue “a court ruling ensuring that their seats are declared vacant,” referring to the missing Democrats. “Any lawmaker who has not been arrested and returned or fails to appear by the Speaker’s deadline will be subject to aggressive legal action by Attorney General Paxton.”