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"This seat doesn't belong to him or me—it belongs to the people," one targeted legislator defiantly declared.
Republican Texas Attorney General Ken Paxton on Friday sued former Congressman Beto O'Rourke and his political action committee in what critics called a "baseless" bid to oust 13 Democratic lawmakers who left the state in an effort to thwart a GOP gerrymandering scheme.
Paxton's office claimed that O'Rourke, a Democrat, and his Powered by People PAC illegally solicited donations to cover personal expenses for Democratic state legislators who fled Texas in an effort to block a Republican plan to rig the state's congressional map at the behest of President Donald Trump.
Paxton is seeking a temporary restraining order and an injunction to stop O'Rourke and Powered by People from raising or distributing funds to support the more than 50 Democratic lawmakers who left Texas. The attorney general argued that 13 state legislative seats "have been vacated due to continued unlawful absences."
"Democrat runaways are likely accepting Beto Bribes to underwrite their jet-setting sideshow in far-flung places and misleadingly raising political funds to pay for personal expenses," Paxton alleged in a statement. "This out-of-state, cowardly cabal is abandoning their constitutional duties. I will not allow failed political has-beens to buy off Texas elected officials."
This, after Paxton and Texas House Speaker Dustin Burrows (R-83) asked an Illinois court to enforce civil arrest warrants issued Monday in a bid to compel Democratic state legislators to return to Austin to vote on the legislation. U.S. Sen. John Cornyn (R-Texas) also enlisted the FBI's assistance to track down and arrest the absconding Democrats.
O'Rourke said Friday that Powered by People filed a retaliatory lawsuit accusing Paxton of using "the power of the state of Texas to try and intimidate Mr. O'Rourke from challenging defendant in a free and fair election."
"The guy impeached for bribery is going after the folks trying to stop the theft of five congressional seats," O'Rourke told KVUE. "Let's stop these thugs before they steal our country."
Targeted Democratic lawmakers also waxed defiant, backed by officials in the states to which they fled including Illinois, where Gov. JB Pritzer asserted that "there literally is no federal law applicable to this situation."
Texas state Rep. James Talarico (D-50) said on social media that "Ken Paxton just filed a lawsuit to remove me from office. But this seat doesn't belong to him or me—it belongs to the people."
Advocacy groups also denounced Paxton's lawsuit, with Brett Edkins, managing director of policy and political affairs at Stand Up America, contending that the attorney general and Texas Republicans "are so desperate to pass their partisan redistricting scheme that they're launching a baseless legal assault to unseat democratically elected lawmakers."
"It's just the latest threat against lawmakers who refuse to carry out Trump's demands and rig congressional maps to bank five new Republican congressional districts," Edkins added. "The courts shouldn't entertain this undemocratic attack for even one second."
"They're grandstanding. There literally is no federal law applicable to this situation—none," said the governor of Illinois, which is hosting some of the lawmakers trying to prevent GOP gerrymandering.
U.S. Sen. John Cornyn announced Thursday that the Federal Bureau of Investigation has agreed to help track down Texas lawmakers who left the state in a bid to block a new congressional map rigged to favor Republicans, sparking fears of a potential standoff between various law enforcement agencies or even illegal arrests by the FBI.
Republican Texas Gov. Greg Abbott and his allies in the state Legislature are trying to force through the map for 2026 during a special session to appease President Donald Trump. After over 50 elected Democrats fled to Illinois, Massachusetts, and New York on Sunday, their GOP colleagues issued civil arrest warrants, and Cornyn sent a letter requesting federal assistance.
"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 (R-Texas) said in a Thursday statement. "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."
The Texas Tribune reported that "a spokesperson for Cornyn declined to provide additional information about the specifics of the FBI's involvement, and the bureau did not immediately respond to a request for comment."
Responding in a statement, Christina Harvey, executive director of the progressive advocacy group Stand Up America, said that "the idea that the FBI would be weaponized to hunt down democratically elected lawmakers because they are standing in the way of President Trump's partisan political agenda should alarm every American."
"It's taking a page out of the authoritarian playbook to intimidate political opponents and force a vote on rigged electoral maps that would help MAGA Republicans cling to power," she added. "We stand with the brave Democratic lawmakers who are putting everything on the line to resist this partisan power grab orchestrated by Trump and Gov. Abbott, and we urge them to keep up the fight."
Lisa Gilbert, co-president of the group Public Citizen, said that "when politicians deploy federal law enforcement against state elected officials simply for opposing their agenda, they attack our system and put our American freedoms at risk. We stand with the patriotic legislators who are resisting this authoritarian overreach. This moment represents a deep-seated threat to our democracy as we know it."
Experts and elected officials, including Democratic Illinois Gov. JB Pritzker, have emphasized that the FBI does not have the authority to enforce the civil warrants, and the Texas Democrats don't face any criminal ones. On Wednesday, News Not Noise's Jessica Yellin asked Pritzker about Cornyn's request to the FBI and Trump's comment that the agency "may have to" get involved.
"Well, they're grandstanding," the Illinois governor said. "There literally is no federal law applicable to this situation—none. They can say that they're sending FBI. FBI agents might show up just to—I don't know—again, to put a show on."
"But the fact is that, you know, our local law enforcement protect everybody in Illinois," he continued. "Our state troopers protect everybody in Illinois and anybody who's here in Illinois. And so, whether it's federal agents coming to Illinois or state rangers from Texas, if you haven't broken federal law, you're basically unwelcome, and there's no way that our state legislators here—the Texas state legislators—can be arrested."
Pritzker also stressed that the entire series of events "is really all about politics," explaining that Abbott is an "avid follower" of Trump, and Republican Texas Attorney General Ken Paxton is challenging Cornyn for his Senate seat, "so they're fighting, bickering over who can be tougher on this topic."
The gerrymandering battle has also generated at least one major threat of violence. Early Wednesday, a hotel in the Chicago suburbs where some Texas Democrats are staying had to be evacuated due to a bomb threat. Local law enforcement searched the building before allowing guests to return.
"All members are safe; everything is fine, and we are charting the course forward," Kendall Scudder, chair of the Texas Democratic Party, said after the evacuation. "It's going to take more than a couple of threats to try to scare Texas Democrats off of this course. It is essential to us and what we believe as Democrats that people deserve representation in our government, and we are moving full steam ahead."
Reporting on Cornyn's Thursday statement about the FBI, The New York Times noted that "several Democrats said that as of Thursday morning no federal agents had been seen or reported at their hotel, in St. Charles, Illinois."
"This is simply John Cornyn asking for unconstitutional, lawless, and arbitrary federal power," said one legal expert.
"Entirely unhinged" was how one constitutional law expert described a letter U.S. Sen. John Cornyn sent to the FBI Tuesday, demanding that the top federal law enforcement agency intervene "to locate or arrest potential lawbreakers who have fled" Texas—meaning the Democratic state legislators who left the state this week to prevent Republicans from advancing a congressional map that would likely net the GOP five more U.S. House seats.
Cornyn (R-Texas) didn't mention the Republican Party's redistricting effort, which has been backed by the Trump administration and is aimed at changing district lines that formed districts with Black and Latino majorities, in his letter to FBI Director Kash Patel. Instead, he claimed the dozens of Democratic state lawmakers who left Texas on Sunday were stopping the state House from addressing proposed disaster relief following deadly floods last month.
Republicans had added the redistricting efforts to the legislative agenda of a special session, making the flood relief a lesser priority—and angering state Democrats who have been in states including Illinois and New York since leaving Sunday, with Democratic Govs. JB Pritzker and Kathy Hochul providing protection against GOP Texas Gov. Greg Abbott's threat to arrest them.
Cornyn claimed in his letter to Patel that the Texas Department of Public Safety may need the FBI's help in locating and arresting the "fleeing lawmakers," and accused the state Democrats of potentially running afoul of anti-bribery laws by accepting the support of Prtizker, Hochul, and other out-of-state officials who have helped them since they left Texas.
"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," wrote Cornyn. "These legislators have committed potential criminal acts in their rush to avoid their constitutional responsibilities and must be fully investigated and held accountable."
Anthony Michael Kreis, a law professor at Georgia State University, said Cornyn's plea for help from Patel amounted to "police state hogwash from a guy who should know better."
"There is no reasonable basis that arresting Texas legislators will prevent the commission of a federal crime," he said. "This is simply John Cornyn asking for unconstitutional, lawless, and arbitrary federal power."
As Common Dreams reported Monday, Texas state House Speaker Dustin Burrows (R-83) signed civil arrest warrants for the more than 50 Democrats who left the state to deny the chamber a quorum, but one expert said the warrants would not be enforceable outside Texas.
Under legislative rules the state House members face $500 daily fines for each day they miss of the session, and they could be formally reprimanded, censured, and expelled if two-thirds of the chamber vote in support of those measures—but legal experts have said Abbott and other Republican leaders in Texas would have a difficult time proving the lawmakers have committed any civil or criminal offenses.
"They have not committed a crime. They are not fugitives," said Kreis. "There's no offense against the United States."