INVASION: Texas Attorney General Paxton (Part 3)
Obama, Trump and Paxton infiltration battle intensifies in the courts as elections seal fate
written by patriots in Texas
Warren Kenneth (Ken) Paxton won his bid for re-election as Texas Attorney General in 2018 – in spite of the indictments against him. Democrat Justin Nelson attempted to pit integrity against indictment during the campaign against the Attorney General. Since Paxton could not discuss the case against him, he ran on the hard work he’d performed for Texas during his previous term:
There has been a long-running gag order on all sides in the securities fraud case, leaving Paxton running for re-election without the ability to address his biggest political vulnerability. He held firm on the gag order when asked about the indictment in a recent interview, saying he looks forward to discussing the case “as soon as the courts allow me to speak.”
“I’ve done my job,” he then said. “I’ve worked extremely hard to represent the people of Texas. It’s been an honor and really the greatest opportunity of my life.”
Lawfare
Stretching back before he was elected attorney general in 2014, Paxton has faced scrutiny related to his soliciting of investment clients. In late July 2015, a Collin County grand jury indicted him on two first-degree felony charges of securities fraud and a third-degree felony charge of failure to register. The charges, to which Paxton pleaded not guilty, allege that when he was a state representative, he misled investors in a North Texas technology company called Servergy, recruiting them without disclosing he was making a commission.
In the time since then, Paxton drew similar, civil charges from the U.S. Securities and Exchange Commission – and beat them. But the original, criminal case at the state level has persisted, surviving multiple attempts by Paxton’s lawyers to defeat it before trial. The case has also gone through a change in venue – prosecutors successfully pushed to have it moved from Paxton’s home county, Collin County, to Harris County – a change in judge and three delays in the trial date, with the most recent one proving indefinite.
Texas Border Invasions
Previously, Attorney General Paxton sent a letter – co-signed by nine state attorneys general and one governor – to the Trump administration, giving it until September 5 to phase out DACA or the coalition would challenge the program in court. Trump did ultimately rescind the program.
Part 2 of this series explained the intertwined nature of illegal immigration and human trafficking. One article made the connection: “Victims of trafficking brought to the United States illegally are a particularly vulnerable group. Especially now, when the Trump administration is revamping immigration policy, these are individuals at significant risk. These are people who are often afraid, alone, and frequently have had their passports and other identifying papers taken from them by their traffickers. They have no way to contact family or friends, as they are stripped of their identity and have to rely on their traffickers for survival.”1
Paxton joined a bi-partisan coalition of 49 attorneys general urging Congress to affirm that law enforcement agencies retain their traditional authority to fight sex trafficking and created a training video called “Be The One” for all people to watch in order “to inform, educate and empower Texans to prevent, recognize and report human trafficking,” Attorney General Paxton said.
Activist groups and anti-Trump politicians decried the “cages” the Trump Administration used to detain immigrant children as they renewed their concerns for the border and began virtue signaling for victims of human trafficking. “In 2019, former Trump administration acting Director of Immigration and Customs Enforcement Thomas Homan confirmed the migrant holding facilities were built during the Obama administration during a panel hosted by The Center for Immigration Studies. The center is a ‘pro-immigrant, low-immigration’ think tank, according to its website.
‘The kids are being housed in the same facilities built under the Obama administration. If you want to call them cages, call them cages. But if the left wants to call them cages, and the Democrats want to call them cages, then they have to accept the fact that they were built and funded in FY ’15, and I was there,’ Homan said, according to a transcript.”2
The Trump Administration maintained border policies for deportation, catch and release back into Mexico, and the erection of a border wall along the southern border. Trump also signed eight legislative bills into law, employed two executive orders, and issued three proclamations to combat human trafficking. Litigation continued after making the decision to phase out the DAPA/DACA policy and over his travel ban in relation to immigration. SCOTUS upheld Trump’s travel ban, which had Paxton praising the justices:
“I’m pleased but hardly surprised that the U.S. Supreme Court upheld President Trump’s travel ban. We were confident all along that the executive order on immigration is a lawful exercise of the president’s statutorily authorized executive power over foreign affairs and national security. The travel ban is a carefully crafted approach to upgrading vetting and national security procedures critical to protecting Texas and the rest of the nation from terrorism. The Constitution places decisions like that in the hands of the president and Congress, not unelected federal judges, as the Supreme Court has repeatedly recognized.”
Unconstitutional and Upheld
Texas filed a lawsuit of their own in the U.S. Southern District of Texas with Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia joining. In addition, the Attorney Generals filed for nationwide Preliminary Injunction to halt the unlawful Obama-Era DACA Program. Paxton asserts:
“Our lawsuit is about the rule of law, not the wisdom of any particular immigration policy,” Attorney General Paxton said. “Texas has argued for years that the federal executive branch lacks the power to unilaterally grant unlawfully present aliens lawful presence and work authorization. Left intact, DACA sets a dangerous precedent by giving the executive branch sweeping authority to ignore the laws enacted by Congress and change our nation’s immigration laws to suit a president’s own policy preferences.”
By the time the Trump DACA cases reached the U.S. Supreme Court, Attorney Generals filed Amicus Brief in support of the Administration’s policies. With a 5-4 vote, SCOTUS blocked the administration's plan to dismantle an Obama-era program on June 18, 2020. Chief Justice John Roberts wrote the opinion, which had Trump venting on Twitter:
These horrible & politically charged decisions coming out of the Supreme Court are shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives. We need more Justices or we will lose our 2nd. Amendment & everything else. Vote Trump 2020!
June 8, 2020
As well as Ken Paxton lamenting:
“We are disappointed with today’s SCOTUS decision, but it does not resolve the underlying issue that President Obama’s original executive order exceeded his constitutional authority. We look forward to continuing litigating that issue in our case now pending in the Southern District of Texas.”
Invasion Intensifies
Donald J. Trump apparently lost the 2020 general election, and with the emergence of Joseph Biden as President, the challenge continued to secure Texas from the onslaught of illegal immigrants crossing daily. On his first day in office, January 20, 2021, Biden performed 17 executive actions: 5 dealt with immigration, 3 of which reversed Trump policies. Over the next 100 days, he signed 7 more actions related to immigration – all of which overturned the previous administration. Because of the illegal invasion at the southern border, American citizens were being kept in a perpetual state of emergency.
Article 1, Section 9, Paragraph 2: The Privilege of the writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion the public Safety may require it.
These executive actions motivated Paxton to initiate action in the judicial system against the Biden Administration.3 Questions arose on the legality of Biden halting construction on Trump’s border wall.4 Lawmakers in Texas were then poised to find solutions to illegal invasion at the southern border.5
Attorney General Paxton sued the Biden Administration just days after the president took office. In February 2021, the Southern District of Texas after it issued a nationwide preliminary injunction halting implementation of a portion of the Biden Administration’s unlawful memorandum to the Department of Homeland Security (DHS) that directed a 100-day freeze of deportations of illegal aliens, violating congressionally enacted immigration laws.
“I fully support the Court’s decision to prevent implementation of the Biden Administration’s unlawful action and prioritize Texans’ safety and the rule of law. A freeze on deportations at this scale would undermine federal law, irreparably harm our great state, and directly endanger our citizens. Law and order must be upheld,” said Attorney General Paxton. “I will continue to defend Texas against those who unlawfully ignore United States law in favor of their own policy preferences.”
And after expiration of the Administration’s freeze:
“This is a big win for Texas and the nation. It sends a clear message to the Biden Administration that they will not be able to violate federal immigration law and endanger the lives of Texans. This Administration’s failed policies have only exacerbated the crisis at our southern border, and further exhausted the regular duties of our law enforcement officers,” Attorney General Ken Paxton said.
With the blitz at the southern border by illegal immigrants, border cities were inundated with novel issues from elevation in crime due to the population growth6 to the necessity of intervening in human trafficking.7 This prompted Governor Abbott to initiate Operation Lone Star8:
Texas Governor Greg Abbott on Wednesday announced new efforts to stamp out human trafficking related to illegal border crossings amid a surge in apprehensions, including of unaccompanied minors, at the southern border.”
The anti-human trafficking efforts will be included in the state’s “Operation Lone Star,” a mission launched at the start of the month to address the smuggling of people and drugs across the U.S.-Mexico border into Texas.9
By July 2021, Paxton had initiated 11 lawsuits against the Biden Administration, 5 of which pertained to immigration. One such case encompassed Title 42 in which Paxton claims, “Under President Trump, the federal government utilized a body of laws known as Title 42 to rapidly expel illegal aliens at the border in order to preserve Americans’ and Texans’ public health…Yet President Biden abandoned significant portions of Title 42 (and other related federal immigration laws), resulting in an explosion of illegal immigration at the border and an exponential increase in the costs Texans must bear in public resources.”
“Title 42 - when it was faithfully enforced – was extraordinarily successful in expelling illegal aliens, protecting Americans’ public health, and preserving our limited public resources,” said Attorney General Paxton. “The Biden Administration has unlawfully abandoned its legal duties, resulting in massive increase in illegal immigration at the border, and in turn forced Texas to bear additional massive costs and harms. The Court must intervene to stop this insanity.”
No Easy Victory
Trouble appeared on the horizon, though, as the tumultuous 2020 election and the rally for President Trump on January 6, 2021 (when Congress was certifying the election) proved to cause more issues for Paxton. He was outspoken and filed lawsuits in support of Trump. Texas v. Pennsylvania, et al. alleged the states did not follow their own election laws, but the Supreme Court denied hearing the case. He also attended and spoke at the January 6th rally.
The Texas Bar Association opened an investigation into the Attorney General due to his helping Trump litigate the 2020 election, questioning whether his behavior amounted to misconduct. “The State Bar of Texas initially declined to take up a Democratic Party activist’s complaint that Paxton’s petitioning of the U.S. Supreme Court to block Joe Biden’s victory was frivolous and unethical. But a tribunal that oversees grievances against lawyers overturned that decision late last month and ordered the bar to look into the accusations against the Republican official.”10 Paxton chose to go to trial rather than administrative hearing.
Paxton claimed the timing was politically motivated, coming as it did on the first week of his campaign against Texas Land Commissioner George P. Bush. The two face a May 24 runoff for the Republican nomination in the attorney general’s race after neither candidate had a majority of votes in the March 1 primary.
A district judge threw out the State Bar of Texas’ professional misconduct case against one of Attorney General Ken Paxton’s top aides, Brent Webster, for his work on this case that challenged the results of the 2020 presidential election. The State Bar of Texas case against Paxton has yet to be heard.
Additionally, some aides from Ken Paxton’s office had asked federal law enforcement to investigate him. The allegations included bribery and abuse of office. The aides calling for the investigation say they were then intimidated, retaliated against, and given a hostile work environment after making their report. The FBI opened an investigation. Allegations also arose that Paxton had an extramarital affair on during this time-frame.
October 1, 2020
Dear Mr. Simpson:
This letter is intended to serve as notice to the Office of the Attorney General that on September 30, 2020, we, the undersigned individuals, reported to an appropriate law enforcement authority a potential violation of law committed by Warren K. Paxton, Jr., in his official capacity as the current Attorney General of Texas. We have a good faith belief that the Attorney General is violating federal and/or state law, including prohibitions relating to improper influence, abuse of office, bribery, and other potential criminal offenses. Each signatory below has knowledge of facts relevant to these potential offenses and has provided statements concerning those facts to the appropriate law enforcement authority. Additionally, today, October 1, 2020, the undersigned notified the Attorney General via text message that they have reported the violations to the appropriate law enforcement authority. A copy of the text message is attached hereto.
Sincerely,
Jeffrey C. Mateer, First Assistant Attorney General
Ryan L. Bangert, Deputy First Assistant Attorney General
James Blake Brickman, Deputy Attorney General for Policy & Strategy Initiatives
Lacey E. Mase, Deputy Attorney General for Administration
Darren L. McCarty
J. Mark Penley
Activists from groups like Texas Office of Public Citizen and Texas Campaign for the Environment petitioned outside the Office of the Attorney for his resignation or removal under Article 15 of the Texas Constitution. "Texas Attorney General Ken Paxton is criminally and morally unfit for office," the group stated in a press release. "His harmful pro-Trump speech fed a violent riot charged by white supremacists in D.C., leading to the death of five people, and sought to upend the 2020 presidential election.”11
Interestingly enough, the Office of Attorney General conducted their own investigation into the aides’ allegations that arose during Fall of 2020, and Paxton was cleared of any wrong-doing. The FBI investigation stayed active, and the aides sued Paxton for retaliation. “According to the petition for review filed on Wednesday, Paxton argues that his office has the right to ‘fire its employees – especially employees whose political appointments require they act on behalf of the duly elected Attorney General – at will.’”12 He claimed the Texas Whistleblower Act did not apply to the position of Attorney General. In spite of Paxton attempting to get the courts to dismiss, the Court says the whistleblowers who accused AG Paxton are protected by Texas Whistleblower Act. And there was still that pesky securities fraud case:
Court of Criminal Appeals adds a key case to its docket today: A lower-court ruling that moved AG Ken Paxton’s securities fraud criminal case back to Collin County, Paxton’s home. Background on that ruling: statesman.com
Chuck Lindell
March 2, 2022
The Texas Court of Criminal Appeals will decide where Paxton’s security fraud trials should be heard. Prosecutors are determined to charge Paxton separately for each count. He had already twice fought off federal civil charges also tied to these same securities fraud allegations. If convicted, Paxton faces two to 10 years in prison for the third-degree felony and five to 99 years for each of the first-degree felonies, as well as fines.13
Bush Election Contest
In May 2022, Ken Paxton had to face George P. Bush in the Republican primary for the Attorney General’s seat. The Bush family has controlled politics in Texas for at least fifty years, and it appeared Mr. Bush was the candidate to dethrone the incumbent – especially in light of the cases for corruption embattling the Texas Attorney General. “Rather than run from his alleged crimes and ethical lapses, he fashioned himself a martyr—it was him and Trump against the world. There’s been no Nixonian ‘I am not a crook’ speech for the Texas AG. Paxton recently told Fox News that his legal troubles were the result of ‘the people I’ve taken on—the Biden administration, big tech.’”14
Indeed, by this point Paxton had taken on all sorts of Big Industry in his fight for the rights of Texans: big motors, big tech, big food, big pharma, big media, big production, big money, etc. Furthermore, it appears he is the ring-leader among Attorney Generals to root out and combat the Big Industry corruption that only seem to serve to defraud, enslave, and poison the people of the United States.
Could it be that the voters in Texas really believe that Ken Paxton is genuinely fighting for them rather than catering to the money handlers? Do the people in Texas truly believe that he is the Attorney General “for the people”, free from the corruption possessed by the other talking heads that would take a stab at running for political office as means to funnel the wealth of the people though large corporations in order to appropriate the funds unto themselves?
Despite accusations of wrongdoing, Ken Paxton has continued to win over voters.
In 2018, three years after he was charged with felony securities fraud, he faced no Republican primary challenger in his first reelection bid.
Four years later, amid accusations of bribery and retaliation, he faced challengers for the Republican nomination, including then-Land Commissioner George P. Bush, former Texas Supreme Court Justice Eva Guzman and then- U.S. Rep. Louie Gohmert. Buoyed by Trump’s endorsement, he handily defeated Bush in the primary runoff, then beat Democrat Rochelle Garza by nearly 10 points in the general election.
His wife, Angela Paxton, has also enjoyed consistent success with voters. She was elected to the state Senate in 2018 and reelected in 2022.
We The People Decide
Paxton boasts a rather large fan base, and the voters continue to support him – in spite of his numerous scandals and the cases stacking up against the Texas Attorney General.15
P.S. Warren, did you really run from a process server?
On Twitter, Attorney General Paxton released the following statement after the dismissal of the subpoena against him in Federal Court:
“This made-up controversy around serving me a subpoena is nothing more than a shameless stunt from my political opponents – a stunt that a federal judge dismissed today by quashing the subpoena. Here are the facts: a strange man came onto my property at home, yelled unintelligibly, and charged toward me. I perceived this person to be a threat because he was neither honest nor upfront about his intentions.
In light of the constant threats against me, for which dangerous individuals are currently incarcerated, I take a number of common sense precautions for me and my family’s safety when I’m at home. Texans do the same to protect themselves from threats, and many also exercise their Second Amendment rights to protect themselves and their families.
Given that this suspicious and erratic man charged me on my private property, he is lucky this situation did not escalate further or necessitate force. As leaders across America, from elected officials to Supreme Court Justices, face unprecedent threats of politically motivated violence, I believe this type of behavior utilized by radical activists is thoroughly disgusting and should be met with swift condemnation – not championed in the media.”
Attorney General Ken Paxton
Written Sep 27, 2022
The Lone State state remains a key battleground for the future of the republic. The targeting of Texas Attorney General reveals the hand of power in Texas, revealing those who serving paid interests or the people. Elections have consequences. Ken Paxton knows this to be true. We now need the rest of the nation to see this too.
Sources:
1 Stephen P. Wood (June 27, 2018). The Intersection of Human Trafficking and Immigration. Harvard Law. https://blog.petrieflom.law.harvard.edu/2018/06/27/the-intersection-of-human-trafficking-and-immigration/
2 Chelsey Cox (August 26, 2020). Fact check: Obama administration approved, built temporary holding enclosures at southern border. USA Today. https://www.usatoday.com/story/news/factcheck/2020/08/26/fact-check-obama-administration-built-migrant-cages-meme-true/3413683001/
3 Jack Phillips (January 22, 2021). Texas Attorney General Threatens to Sue Biden Administration Over ‘Illegal Deportation Freeze’. Epoch Times. https://www.theepochtimes.com/texas-attorney-general-threatens-to-sue-biden-administration-over-illegal-deportation-freeze_3667346.html?utm_source=news&utm_medium=email&utm_campaign=breaking-2021-01-22-1
4 Joe Hoft (January 27, 2021). Biden’s Order to Stop Trump’s Border Wall Construction Will Be Costly and Also It’s Likely Illegal. Gateway Pundit. https://www.thegatewaypundit.com/2021/01/bidens-order-stop-border-wall-construction-will-costly-also-likely-illegal/
5 Iris Poole (March 4, 2021). State Lawmaker Files Bill to Finish Trump’s Border Wall. Texas Scorecard. https://texasscorecard.com/state/state-lawmaker-files-bill-to-finish-trumps-border-wall/
6 Joshua Q. Nelson (March 11, 2021). Texas congressman, ex-sheriff: Biden admin 'almost aiding and abetting' human trafficking. Fox News. https://www.foxnews.com/politics/biden-border-crisis-human-trafficking-texas-nehls
7 Hayden Sparks (March 17, 2021). Texas Sex Trafficking Official Says Border Crisis Is a ‘Perfect Storm of Vulnerability’ for Children. The Texan. https://thetexan.news/texas-sex-trafficking-official-says-border-crisis-is-a-perfect-storm-of-vulnerability-for-children/
8 Emily Hernandez (March 30, 2022). What is Operation Lone Star? Gov. Greg Abbott’s controversial border mission, explained. Texas Tribune. https://www.texastribune.org/2022/03/30/operation-lone-star-texas-explained/
9 Mimi Nguyen (March 19, 2021). Texas Announces New Anti-Human Trafficking Efforts Related to Illegal Border Crossings. Epoch Times. https://www.theepochtimes.com/texas-announces-new-anti-human-trafficking-efforts-related-to-illegal-border-crossings_3738527.html?utm_medium=epochtimes&utm_source=telegram
10 Jake Bleiberg (June 9, 2021). AP Exclusive: State bar investigating Texas attorney general. KVUE. https://www.kvue.com/article/news/local/texas/ken-paxton-state-bar-investigating/269-954e488c-5e2d-4878-a5d0-f15b53249878
11 KVUE (January 14, 2021). Texans call for Ken Paxton's resignation outside Texas Attorney General's Office. https://www.kvue.com/article/news/local/texas/ken-paxton-protest-austin-texas/269-e2b17eb4-002f-43a1-bc71-b5a712e51f26
12 KVUE (January 7, 2022). AG Ken Paxton asks Texas Supreme Court to dismiss whistleblower lawsuit. https://www.kvue.com/article/news/politics/paxton-asks-texas-supreme-court-dismiss-whistleblower-lawsuit/269-2375528c-12e9-449e-9b19-6282a1ff6e46
13 Lauren McGaughy (March 2, 2022). Where should Texas AG Ken Paxton be tried for alleged securities fraud? Appeals court to decide. Dallas Morning News. https://www.dallasnews.com/news/politics/2022/03/02/where-should-texas-ag-ken-paxton-be-tried-for-alleged-securities-fraud-appeals-court-to-decide/
14 Forrest Wilder (May 24, 2022). The Bush Stops Here: George P.’s Loss Brings an End to the Family Dynasty. Texas Monthly. https://www.texasmonthly.com/news-politics/bush-stops-here-george-p-loss-end-family-dynasty/
15 Quotes from Paxton taken from Texas Attorney General press releases.