Solicitor General files “fleebagger” request with Texas Supreme Court as Paxton vacations in Europe

The solicitor general of Texas has filed a petition with the Texas Supreme Court in a lawsuit filed by Gov. Greg Abbott while Attorney General Ken Paxton is vacationing in Europe.

On Tuesday, Abbott filed an emergency petition with the state Supreme Court requesting the court to remove from office Texas House Democratic Caucus Chair Rep. Gene Wu, D-Houston. Wu led a coalition of more than 50 House Democrats to leave the state in protest of a Congressional redistricting bill. He remains defiant in his position, saying Abbott’s lawsuit was a “weaponization” of the law.

Abbott gave House Democrats until 3 p.m. Monday to return to Austin or face being arrested and removed from office, The Center Square reported. On Monday, 56 Democrats remained absent; on Tuesday 54 were. House Speaker Dustin Burrows signed civil warrants for their arrest.

In interviews 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.”

Meanwhile, Abbott filed the emergency quo warranto petition with the Texas Supreme Court.

After he filed it, the Office of Attorney General sent out a press 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 on vacation in Europe.

After Gov. Abbott filed the petition Tuesday, the OAG sent out a news release stating Paxton was taking action, attaching a letter from Solicitor General William Peterson to the Texas Supreme Court.

In it, Peterson writes, “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.’”

He also said, “the 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.’”

But Paxton himself has yet to file a quo warranto petition.

Paterson 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.”

On Tuesday night, the court responded to Abbott’s request by ordering Wu to respond by 5 pm Friday.

Abbott also 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 a separate announcement Tuesday saying Paxton will pursue “a court ruling ensuring that their seats are declared vacant,” referring t House Democrats. It also claims, “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.”

“Democrats have abandoned their offices by fleeing Texas, and a failure to respond to a call of the House constitutes a dereliction of their duty as elected officials,” Paxton says in the statement. “Starting Friday, any rogue lawmakers refusing to return to the House will be held accountable for vacating their office. The people of Texas elected lawmakers, not jet-setting runaways looking for headlines. If you don’t show up to work, you get fired.”

Burrows said that he was working with the Texas Department of. Public Safety to arrest absent Democrats and called the House to reconvene on Friday. It remains unclear how many Democrats will return by the Friday deadline.

In the meantime, U.S. Sen. John Cornyn, R-Texas, called on the FBI to assist with arresting House Democrats who remain in other states.