Texas Attorney General Ken Paxton was reportedly in Illinois last Friday, arguing that Texas has the right to apprehend people in that state for the crime of refusing to sign on a ridiculous gerrymander. Legally, what Paxton is doing has no standing.
Of course, what’s legal, moral, and obviously correct provides zero leverage in this year of Donald Trump, John Roberts, and Mike Johnson. It’s entirely possible that the FBI, ICE, or a squadron of Marines could deliver Democrats back to Texas in chains while the Republicans dance around them. Then Greg Abbott could ceremonially piss on the Constitution while Fox News calls for “enhanced interrogation.”
However, despite the long cast of Scooby Doo villains who have assembled for this moment sans mask, it’s really Paxton who is the party’s North Star. The patron saint of perfidy.
Taylor Goldenstein
In May 2023, Paxton was impeached by the Texas House of Representatives. His misuse of his office was so obvious and blatant that even a Republican-dominated House, confronted with the evidence, impeached him on 16 counts. Those charges included using the Attorney General's office to intervene in a private lawsuit on behalf of his largest donor, hiring attorneys to harass those bringing suit against the donor, accepting a substantial bribe from that donor, and persecuting whistleblowers.
In the middle of this, it was revealed that Paxton not only had an extramarital affair, he pressured the donor to hire his mistress. The donor even paid for the Uber account that Paxton used when visiting the woman.
Paxton's misuse of office could not be more blatant. His neglect of doing his actual job by refusing to defend Texas agencies in court was maddening. And his messy affair only added to the ugliness of the whole event.
There was a moment, early in summer 2023, when it seemed that Paxton's impeachment by the Texas Senate was a sure thing. And then ... they let him go. None of the counts came even close to gaining the necessary majority.
On the surface, it may seem that the reason for this abrupt sea change might be a tweet that Donald Trump issued calling the House Republicans "RINOs" and warning that anyone who voted against Paxton would be subject to a primary. But really, it was more than that.
After all, in 2023, Trump was not only out of office but still in the midst of his own legal battles. What really pulled the moment together for Texas Republicans—and Republicans everywhere—was the realization that when it came to doing the right thing … they didn't have to.
The Supreme Court had already shown itself willing to play dead to boost Republican chances, Trump was snoozing through trials with no concern over the outcome, and Merrick Garland was making it clear that he was never (never, never) going to do anything to touch even one leader of an attempted coup that had threatened the lives of Congress and left shit on the walls of the Capitol.
Best of all, Republicans had confirmation that their voters simply did not give a flying f**k about justice.
Just three months earlier, a jury found Trump liable for sexual assault. He was facing felony charges in both New York and Georgia. Every day seemed to bring out more information about his crimes, his lies, and his affairs. But his poll numbers were still going up with Republican voters every month.
Those same voters had started out agreeing that Paxton should be punished for his crimes. However, by the time the trial in the Senate rolled around, Paxton enjoyed a massive margin with only 28% of Republicans still saying he deserved impeachment.
Donald Trump's reelection may have sealed the deal, but the moment in which Ken Paxton was given a pass on bribery, misuse of office, and a free Uber account for illicit afternoon delight was when Republicans everywhere intrinsically understood that it wasn't just Trump. That all of them, every Republican in power, need never concern themselves about facing justice again.
They could do anything, and Republican voters would still be there.
As of Tuesday, Fox News was reporting that Texas Democrats were planning to return now that Republicans have passed their partisan gerrymander in the Senate. That may be true. Or not.
But even if Democrats don't return, don't be surprised if Texas Republicans simply do as they please anywhere. After all, what are Democrats going to do? Take it to the Supreme Court?
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