Texas GOP AG says prosecuting Democrats who fled state will be a 'challenge'
Texas Gov. Greg Abbott says he wants to oust and replace Democratic lawmakers who fled the state in an attempt to prevent Republican redistricting efforts and charge them with felonies. But that might be a challenge and take some time, the state's attorney general said Monday.
Abbott said if legislators did not return to Texas by 3 p.m. CT, he would remove them then "swiftly" fill the vacancies.
"I believe they have forfeited their seats in the state legislature because they're not doing the job they were elected to do," he said Monday on Fox News.
The governor also said the Democrats could be committing felonies if they solicit funds to pay the $500 daily fines they face for skipping the session.
Republican state Attorney General Ken Paxton said those threats might not be practical.
"We'd have to go through a court process, and we'd have to file that maybe in districts that are not friendly to Republicans. So it's a challenge because every district would be different. We'd have to go sue in every legislator's home district," Paxton said in a Monday interview with conservative commentator Benny Johnson.
Democratic Texas state Rep. Jolanda Jones, an attorney, said Abbott's threat was merely "smoke and mirrors" during a press conference on Monday from Albany, New York.
"There is no felony in the Texas penal code for what he says. So respectfully, he's making up some s---," Jones said. "Subpoenas from Texas don't work in New York, so he's going to come get us how?"
New York Gov. Kathy Hochul said at the news conference that Democrats were "not breaking the law."
"This is a legitimate process that has been used before," Hochul said.
Democratic Texas state Rep. Mihaela Plesa, also speaking from Albany, said Abbott is "trying to manipulate the situation to make it play in his favor. It's not going to work."
Experts say Abbott’s threats are more effective as intimidation than as legally enforceable action.
“The governor doesn't have unilateral power to charge members with bribery or to vacate their seats,” said Brandon Rottinghaus, a political science professor at the University of Houston.
But, “Even if it's not the case that he can do this, it's certainly the case that he's made the high stakes very obvious to Democrats,” he added.
Rice University political science professor Mark Jones told ABC News there would be "no legitimate way" under current law for other states' law enforcement to collaborate with Texas to force the Democrats back to the state.
“Neither other states nor the federal government would have any authority or ability to detain these representatives simply because they have left Texas and are not providing quorum in the Texas House,” Jones said.
Despite the challenge, Paxton said he was "optimistic" the governor would prevail in the standoff with Democrats. Texas Democrats have said they plan to stay out of state until the end of this special session in two weeks, but Abbott is able to call another special session after that.
"If he keeps calling them back, it's going to be a challenge for all 51 of them to stay out of the state for the rest of their lives," Paxton said.
State Rep. Gene Wu, Texas House Democratic Caucus Chair, said Sunday that the lawmakers have received an “outpouring of support from people, from Americans around the country” to help pay their fines.
“My phone has not stopped ringing of people texting us, like, keep going, tell us what you need, give me the donation link,” Wu said during a press conference with Illinois Gov. JB Pritzker.
