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      Texas sheriff files criminal case over DeSantis flights to Martha’s Vineyard

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      A Texas sheriff’s office has recommended criminal charges over flights that the Florida governor, Ron DeSantis, arranged to deport 49 South American migrants from San Antonio to Martha’s Vineyard, in Massachusetts, last year.In a statement on Monday, the Bexar county sheriff’s office said it had filed a criminal case with the local district attorney over the flight. The Bexar county sheriff, Javier Salazar, has previously said the migrants were “lured under false pretenses” into traveling to Martha’s Vineyard, a wealthy liberal town.The recommendation comes after the governor of California, Gavin Newsom, threatened DeSantis with kidnapping charges on Monday, after Florida flew a group of people seeking asylum to Sacramento. It was the second time in four days Florida had used taxpayer money to fly asylum seekers to California.“The charge filed is unlawful restraint and several accounts were filed, both misdemeanor and felony,” the Bexar county sheriff’s office said in a statement provided to KSAT News.“At this time, the case is being reviewed by the DA’s office. Once an update is available, it will be provided to the public.”DeSantis arranged for two planes to carry migrants, including women and children, to Martha’s Vineyard in September 2022.The groups were told they would have jobs and housing if they boarded the planes, but in reality officials in Martha’s Vineyard had been given no advance notice of the arrival of the 49 people, most of whom had traveled from Venezuela.DeSantis created an “urgent humanitarian situation” in deporting the migrants, officials said. The far-right Floridian, who announced he was running for president in May, was widely criticized for what was seen as a political stunt.On Monday, Newsom called DeSantis a “small, pathetic man” after Florida chartered a private jet and flew 16 South American people to Sacramento before abandoning them outside a church.California’s attorney general, Rob Bonta, said the people may have been duped into boarding flights to the state. On Twitter, Newsom suggested the Florida governor could be subject to “kidnapping charges”.DeSantis has made immigration one of the central issues of his political career.In May, he signed a heavily criticized law which invalidated out-of-state driver’s licenses issued to undocumented immigrants and required companies with more than 25 members of staff to check employees’ immigration status.The law also provides a specific fund to deport undocumented immigrants to other states.After the law was signed by DeSantis the League of United Latin American Citizens, a Latino advocacy group, issued a travel advisory urging people not to travel to Florida. More

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      Texas’s use of ‘invasion’ clause against immigrants is racist and dangerous, rights groups say

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      Texas is challenging federal control of policy on the US-Mexico border by exploiting what it sees as a constitutional loophole around the definition of an “invasion” but that migrants rights activists see as dangerously ramping up fears with racist language.Immigration policy has long been under the purview of the US federal government – not individual states – since the US supreme court ruled so in a landmark United States v Arizona case in 2012.But in November of 2022, rightwing Republican governor Greg Abbott invoked the “invasion” clauses found in the Texas and US constitutions, likening migrants at the border to a public foreign enemy that therefore gave him the power to enact his own border policies.The Texas Civil Rights Project called the move a “political ploy”.“Calling immigrants an invasion is extremely dangerous,” said Roberto Lopez, senior advocacy manager for the organization’s “Beyond the Border” program.Lopez added: “We have seen so many shootings and more rise in hate crimes [against migrants.] This is all connected to this rhetoric of associating people who are trying to seek safety with being like a literal attack on the United States. That is just giving a lot of fire and energy to militia groups and people who are filled with hate.”Abbott is already seeking to take Texas border control into his own hands, as evidenced by the state’s recent announcement of a new “border force” that could allow its agents to “arrest, apprehend or detain persons crossing the Texas-Mexico border unlawfully”, if it gets past the state legislature. And with a conservative-majority in both the Texas state house and senate, that likelihood is high.Abbott has made his interpretation of the “invasion clauses” clear. At the time of announcing his border force, Abbott said: “I invoked the Invasion Clauses of the US and Texas Constitutions to fully authorize Texas to take unprecedented measures to defend our state against an invasion.”“I’m using that constitutional authority, and other authorization and Executive Orders to keep our state & country safe.”But the legal language Abbot is citing is not that simple, according to Barbara Hines, a law professor at the University of Texas and founder of its law school Immigration Clinic.Hines called the state’s justification for creating its own immigration laws “unprecedented and extreme”.“Federal immigration law is a federal issue. It’s not based on the Texas constitution,” Hines said.Article four of the Texas constitution states: “[The governor] shall be Commander-in-Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.”Abbott argues the increase of migrants at the border merits drastic actions such as establishing a state police force specifically to rein in immigration.Migrant rights groups say people crossing the border – many of whom are seeking to legally claim refugee status – does not constitute an invasion. Instead, they say such language is racist and inflammatory. In 2019 a white supremacist attacked a Walmart in El Paso, seeking to kill Latinos and fueled by anti-immigration rhetoric. The gunman killed 23 people.Many legal scholars believe rightwing arguments over the invasion clause in the Texas constitution are neutralised by the supremacy clause in the US constitution. That states that “the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions,” according to Cornell Law School’s Legal Information Institute.But in the US constitution, the word “invasion” is mentioned twice: once in article one, section 10 and again in article four, section four. That gives Abbott, and some rightwing activists, hope that their arguments might prevail on a conservative supreme court.In the first instance, the US constitution specifically limits the power of states to keep troops, like Operation Lone Star a border force, unless invaded..
      “No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
      When invasion is mentioned for the second time, the constitution more broadly says that the federal government is responsible for protecting its states against an invasion.
      “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
      Hines explained that although the word “invasion” is mentioned twice in different contexts, “there’s this theory of law that the same term or word in the constitution, should mean the same thing [if repeated].” The key question is likely to be whether or not “invasion” in this context means solely by another state or armed force.Abbott’s policies, like his potential border force and the existing initiative Operation Lone Star, are already being questioned as illegal by civil rights groups others. They have faced legal challenges by civil rights advocacy groups and an investigation by the US Department of Justice.If such a case against Texas materializes and moves up through the courts – especially all the way up to the US supreme court – it’s possible the US will have to revisit the question of who gets to control the border.Some say that’s exactly what Texas lawmakers in favor of state control of the border want, especially as the current supreme court is dominated by hardline conservative judges.Texas’s far-right attorney general Ken Paxton said as much in a senate committee hearing on the subject:“We’re in unchartered territory as far as knowing what states can do because states have never had to wonder or really test this,” Paxton said. “So, I think part of this is going to be, we’re going to have to figure out where are the areas that we want to test. And that’s part of why I’ve been saying for two years, we should test U.S. v Arizona. We should test to see if the states can protect themselves, given the circumstances we’re in that we’ve never been in before.”Hines said: “This supreme court has not respected precedent in other situations, for example, in the abortion case. And this state legislature has been willing to pass unconstitutional laws to test them.”“I am hopeful that as conservative as the supreme court is that they’re going to respect precedent. It is unheard of that states could enforce federal law as to who is entering the United States without permission and who is not, and to create a state trespass law for people entering the United States that has been in sole federal power since the late 1800s.” More

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      Texas Passes Bills Targeting Elections in Democratic Stronghold

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      The bills’ passage was the culmination of a Republican effort to increase oversight of voting in Harris County, which includes Houston.The LatestThe Texas Legislature gave final approval on Sunday to a new round of voting bills to increase penalties for illegal voting and expand state oversight of local elections specifically in Harris County, which includes Houston, where Democrats have become dominant.The measures, which now head to Gov. Greg Abbott to sign, include a bill that would upend elections in Houston a few months before the city’s mayoral race in November by forcing the county to change how it runs elections and return to a previous system.That bill, known as Senate Bill 1750, was crafted so that it applies only to Harris County. So was another bill, Senate Bill 1933, that would give broad new powers to the secretary of state, appointed by the governor, to direct how elections are run in the county if there are complaints and to petition a court to replace the top election officials when deemed necessary.Election workers organized paperwork from each polling location at NRG Arena in Houston, Texas, in November.Annie Mulligan for The New York TimesWhy It Matters: Harris County could tilt the power balance in Texas.Harris County, the state’s most populous county, has become a reliable Democratic stronghold.The passage of the bills marked the culmination of a monthslong effort by Texas Republicans to contest some of that dominance. They highlighted Election Day problems last November in Harris County as justification for challenging results that favored Democrats and call into question the way the Democratic-led county runs its elections.“It was a stated intention of some of the folks in the Legislature to take action against Harris County election administration,” said Daniel Griffith, the senior policy director at Secure Democracy USA, a nonpartisan organization focused on elections and voter access.Senate Bill 1750 eliminates the appointed position of elections administrator, which has been in place in Harris County only since late 2020. If the bill becomes law with the governor’s signature, the county must return to its previous system of running elections, in which the county clerk and the county tax collector-assessor split responsibilities. Both positions are currently occupied by elected Democrats.“The Legislature’s support for S.B. 1750 and S.B. 1933 is because Harris County is not too big to fail, but too big to ignore,” State Senator Paul Bettencourt, a Houston Republican and sponsor of several election bills, said in a statement. “The public’s trust in elections in Harris County must be restored.”Another bill, Senate Bill 1070, removes Texas from an interstate system for crosschecking voter registration information run by a nonprofit, the Electronic Registration Information Center, or ERIC. The system has been the target of conservative attacks in several states in part because it requires states using it to also conduct voter outreach when new voters move in from out of state. The Texas measure bars the state from entering into any crosschecking system that requires voter outreach.Yet another bill, House Bill 1243, increases the penalty for illegal voting from a misdemeanor to a felony.The measures that passed were opposed by Democratic representatives and voting rights groups. But advocates of greater access to the polls were relieved that other, more restrictive measures put forward and passed in the State Senate — including one that would have required voters to use their assigned polling place instead of being able to vote anywhere in the county, and another that would have created a system for the state to order new elections under certain circumstances in Harris County — failed in the Texas House.“Those haven’t moved and that’s definitely a good thing,” Mr. Griffith said.What’s Next: a lawsuit and a microscope on upcoming elections.The bills invite new scrutiny of elections, especially in Harris County, where officials would be expected to revamp their system just months before important elections.Under the new legislation, future complaints about the functioning of elections in the Democratic-run county could create the real possibility that the secretary of state, a former Republican state senator, could step in and oversee elections as early as next year, as the county votes for president.The bills, said Mayor Sylvester Turner of Houston, “create more problems than they allegedly solve.”Top officials in Harris County have vowed to go to court to challenge both measures aimed at the county once the laws go into effect (Sept. 1, if the governor signs), meaning the fight over elections in the county remains far from over. More

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      Texas attorney general impeached by Republican-led House in historic vote

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      Texas’ Republican-led House of Representatives impeached state attorney general Ken Paxton on Saturday on articles including bribery and abuse of public trust, a historic rebuke of a GOP official who rose to be a star of the conservative legal movement despite years of scandal and alleged crimes.Impeachment triggers Paxton’s immediate suspension from office pending the outcome of a trial in the state Senate and empowers Republican governor Greg Abbott to appoint someone else as Texas’ top lawyer in the interim.The 121-23 vote constitutes an abrupt downfall for one of the Republican party’s most prominent legal combatants, who in 2020 asked the US supreme court to overturn president Joe Biden’s electoral defeat of Donald Trump. It makes Paxton only the third sitting official in Texas’ nearly 200-year history to have been impeached.Paxton, 60, decried the move moments after many members of his own party voted to impeach, and his office pointed to internal reports that found no wrongdoing.“The ugly spectacle in the Texas House today confirmed the outrageous impeachment plot against me was never meant to be fair or just,” Paxton said. “It was a politically motivated sham from the beginning,”Paxton has been under FBI investigation for years over accusations that he used his office to help a donor and was separately indicted on securities fraud charges in 2015, though he has yet to stand trial. His fellow Republicans had long taken a muted stance on the allegations, but that changed this week.“No one person should be above the law, least not the top law enforcement officer of the state of Texas,” David Spiller, a Republican member of the committee that investigated Paxton, said in opening statements. Another Republican committee member Charlie Geren said without elaborating that Paxton had called some lawmakers before the vote and threatened them with political “consequences”.Lawmakers allied with Paxton tried to discredit the investigation by noting that hired investigators, not panel members, interviewed witnesses. They also said several of the investigators had voted in Democratic primaries, tainting the impeachment, and that they had too little time to review evidence.“I perceive it could be political weaponization,” Tony Tinderholt, one of the House’s most conservative members, said before the vote.Paxton is automatically suspended from office pending the Senate trial. Final removal would require a two-thirds vote in the Senate, where Paxton’s wife, Angela, is a member.Representatives of the governor, who lauded Paxton while swearing him in for a third term in January, did not immediately respond to requests for comment on a temporary replacement.Before the vote on Saturday, Trump and senator Ted Cruz came to Paxton’s defense, with Cruz calling the impeachment process “a travesty” and saying the attorney general’s legal troubles should be left to the courts.“Free Ken Paxton,” Trump wrote on his social media platform Truth Social, warning that if House Republicans proceeded with impeachment, “I will fight you.” More

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      Impeachment proceedings against scandal-hit Texas attorney general begin

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      Texas’s Republican-led house of representatives launched historic impeachment proceedings against attorney general Ken Paxton on Saturday as the scandal-plagued lawyer called on supporters to protest a vote that could lead to his ouster and Donald Trump came to his defense.The house convened on Saturday afternoon to debate whether to impeach and suspend Paxton from office over allegations of bribery, abuse of public trust and that he is unfit for office. They’re just some of the accusations that have trailed Texas’s top lawyer for most of his three terms.In opening statements, the state congressman Charlie Geren, a member of the committee that investigated Paxton, said the attorney general had called lawmakers and threatened them with political “consequences”.As the charges against Paxton were read, some lawmakers shook their heads. Impeachment is expected to be debated for four hours, followed by closing remarks and the vote.The hearing could result in a remarkably sudden downfall for one of the Republican party’s most prominent legal combatants, who in 2020 asked the US supreme court to overturn president Joe Biden’s electoral defeat of Donald Trump. Only two officials in Texas’s nearly 200-year history have been impeached.Paxton, 60, has called the impeachment proceedings “political theater” and on Friday, he asked supporters “to peacefully come let their voices be heard at the Capitol tomorrow”.Paxton has been under FBI investigation for years over accusations that he used his office to help a donor and was separately indicted on securities fraud charges in 2015, though he has yet to stand trial.If impeached, Paxton would be removed from office pending a senate trial, and it would fall to the Republican governor, Greg Abbott, to appoint an interim replacement. Final removal would require a two-thirds vote in the senate, where Paxton’s wife’s, Angela, is a member.To Paxton’s detractors, the rebuke was years overdue.In 2014, he admitted to violating Texas securities law, and a year later he was indicted on securities fraud charges in his hometown near Dallas, accused of defrauding investors in a tech startup. He pleaded not guilty to two felony counts carrying a potential sentence of five to 99 years.He opened a legal defense fund and accepted $100,000 from an executive whose company was under investigation by Paxton’s office for Medicaid fraud. An additional $50,000 was donated by an Arizona retiree whose son Paxton later hired to a high-ranking job but was soon fired after displaying child pornography in a meeting. In 2020, Paxton intervened in a Colorado mountain community where a Texas donor and college classmate faced removal from his lakeside home under coronavirus orders.But what ultimately unleashed the impeachment push was Paxton’s relationship with the Austin real estate developer Nate Paul.In 2020, eight top aides told the FBI they were concerned Paxton was misusing his office to help Paul over the developer’s unproven claims that an elaborate conspiracy to steal $200m of his properties was afoot. The FBI searched Paul’s home in 2019, but he has not been charged and denies wrongdoing. Paxton also told staff members he had an affair with a woman who, it later emerged, worked for Paul.The impeachment accuses Paxton of attempting to interfere in foreclosure lawsuits and issuing legal opinions to benefit Paul. Its bribery charges allege that Paul employed the woman with whom Paxton had an affair in exchange for legal help and that he paid for expensive renovations to the attorney general’s home.A senior lawyer for Paxton’s office, Chris Hilton, said on Friday that the attorney general paid for all repairs and renovations. More

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      Texas attorney general calls for state capitol protests before impeachment vote – video

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      The Texas attorney general has called for his supporters to protest at the state capitol when Republicans in the House of Representatives take up historical impeachment proceedings against him. The state house has set a Saturday vote to consider impeaching Republican Ken Paxton and suspending him from office over allegations of bribery, unfitness for office and abuse of public trust. ‘I want to invite my fellow citizens and friends to peacefully come let their voices be heard at the capitol tomorrow,’ Paxton said at a news conference on Friday. The request echoes that of the former president Donald Trump for people to protest against his electoral defeat on 6 January 2021, when a mob violently stormed the US Capitol in Washington. More

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      Texas attorney general urges supporters to protest at capitol ahead of impeachment vote

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      The Texas attorney general, Ken Paxton, has urged his supporters to protest at the state capitol when Republicans in the House of Representatives take up historic impeachment proceedings against him.The state House has set a Saturday vote to consider impeaching Paxton and suspending him from office over allegations of bribery, unfitness for office and abuse of public trust – just some of the accusations that have trailed him for most of his three terms.Paxton, a 60-year-old Republican, decried the impeachment proceedings as “political theater” that will “inflict lasting damage on the Texas House”, adding to his earlier claims that it was an effort to disfranchise the voters who returned him to office in November.“I want to invite my fellow citizens and friends to peacefully come let their voices be heard at the capitol tomorrow,” he said at a news conference, without taking any questions. “Exercise your right to petition your government.”The request echoes former president Donald Trump’s call for people to protest against his electoral defeat on 6 January 2021, when a mob violently stormed the US Capitol in Washington. Paxton, who spoke at the rally that preceded that insurrection, called his supporters to the Texas capitol on a day when the governor is supposed to deliver a Memorial Day address to lawmakers.If impeached, Paxton would be suspended from office immediately and the Republican governor, Greg Abbott, would appoint an interim replacement.The Republican-led committee spent months quietly investigating Paxton and recommended his impeachment on Thursday on 20 articles. Paxton has said the charges are based on “hearsay and gossip, parroting long-disproven claims”.As reported by the Texas Tribune, four investigators, testifying before the House general investigating committee on Wednesday, described in “painstaking and methodical detail” ways in which they said Paxton violated multiple state laws.Investigators said they believed Paxton wrongly spent official funds and misused his authority to help a friend and financial backer, the Tribune said.Prominent conservatives have been notably quiet on Paxton, but some began to rally around him on Friday. The chairman of the state Republican party, Matt Rinaldi, criticised the process as a “sham” and urged the Republican-controlled Senate to acquit Paxton if he stood trial in that chamber.“It is based on allegations already litigated by voters, led by a liberal speaker trying to undermine his conservative adversaries,” Rinaldi said, echoing Paxton’s criticism of Republican House speaker Dade Phelan. He said the Senate would have to “restore sanity and reason” by acquitting Paxton.It’s unclear how many supporters Paxton may have in the House, but only a simple majority is needed to impeach. That means just a small fraction of the 85 Republican members would need to vote against Paxton if all 64 Democrats do. Final removal would require two-thirds support in the Senate, where Paxton’s wife, Angela, is a member.The move to impeach Paxton sets up what could be a remarkably sudden downfall for one of the Republican party’s most prominent legal combatants, who in 2020 asked the US supreme court to overturn President Joe Biden’s victory.Paxton has been under FBI investigation for years over accusations that he used his office to help a donor. He was separately indicted on securities fraud charges in 2015, but has yet to stand trial.When the five-member committee’s investigation came to light on Tuesday, Paxton suggested it was a political attack by Phelan, calling for his resignation. Phelan’s office brushed this off as an attempt to “save face”. More

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      Texas panel hears allegations of years of misconduct by state attorney general

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      In a dramatic state hearing on Wednesday, the Republican attorney general of Texas, Ken Paxton, faced allegations of years of misconduct.As reported by the Texas Tribune, four investigators, testifying before the house general investigating committee, described in “painstaking and methodical detail” ways in which they said Paxton violated multiple state laws.Investigators said they believed Paxton wrongly spent official funds and misused his authority to help a friend and financial backer, the Tribune said.In response, Paxton maintained his innocence and vowed “to continue my fight for conservative Texas values”.Paxton was elected in 2014 and has won re-election twice. He has faced significant legal scrutiny before. In 2015, Paxton was indicted on securities fraud charges on which he is yet to stand trial. The US justice department is also investigating Paxton over alleged corruption, according to the Associated Press.In Texas, the state investigators initially looked into a possible $3.3m deal to settle a whistleblower complaint brought by four top deputies who were terminated after alleging Paxton pocketed bribes and engaged in other improper conduct.Andrew Murr, the committee chair, said the settlement would have to be allowed by the state. Murr also said a settlement would thwart a trial in which accusations against Paxton could be litigated publicly.Members of the committee asked whether legislators were being made part of a cover-up, the Tribune said.Murr said: “It is alarming and very serious having this discussion when millions of taxpayer dollars have been asked [for] to remedy what is alleged to be some wrong. That’s something we have to grapple with. It’s challenging.”While many accusations against Paxton were previously known, Wednesday’s hearing indicated the broad scope of investigations. The committee has extensive powers and can recommend punishment to the Texas house.Donna Cameron, one of the investigators, reportedly said some of Paxton’s alleged misconduct could constitute felony offenses including abuse of official capacity, misapplication of fiduciary property and misuse of public information.Investigators believe Paxton made top-level employees do tasks that helped his friend and donor, Nate Paul, a real-estate investor. Another allegation against Paxton is that he gave Paul an FBI dossier about an investigation into him, the Tribune reported.Paul did not immediately respond to a Guardian request for comment.skip past newsletter promotionafter newsletter promotionMaintaining his innocence, Paxton claimed a politically motivated effort to “sabotage my work”.“The false testimony of highly partisan Democrat [sic] lawyers with the goal of manipulation and misleading the public is reprehensible,” Paxton said on Twitter. “Every allegation is easily disproved, and I look forward to continuing my fight for conservative Texas values.”Paxton has long faced criticism and legal scrutiny. Recently, his investigation of gender-affirming care for youth prompted doctors at an adolescent medicine department in Austin to leave the facility en masse.Paxton alleged the investigation was needed because care children were receiving at Dell children’s clinic was illegal, due to their age.While gender-affirming care for minors is legal in Texas, Paxton and the rightwing governor, Greg Abbott, have described such treatment as child abuse and sought to punish providers and guardians through other legal avenues.Last summer, on the day Roe v Wade was overturned, Paxton issued a notice to encourage local prosecutors to swiftly bring criminal charges against Texans who help people obtain abortions.In February, a federal judge granted a preliminary injunction, barring several prosecutors from pursuing organizations that assist with out-of-state abortion care. More