Texas Democrats are under mounting pressure to return to the state as Republicans push for a quorum to advance key legislative measures Friday.
Dozens of state Democrats left Texas earlier this week to block a special session agenda that includes redrawing voting maps in a way that could give Republicans five more House seats. The session is also set to address funding for flooding victims and other issues, CBS 12 reported.
In an effort to compel Democrats back to Austin, Texas House Speaker Dustin Burrows sent a memo to House members requiring those who broke quorum to collect their paychecks in person. House leaders announced direct deposits will be suspended until a quorum is restored, meaning enough members must be present to conduct business.
On Thursday, the FBI agreed to assist in apprehending the Texas Democrats who fled to block the House from meeting, according to a top U.S. senator representing the state.
More than 50 Democratic lawmakers left Texas on Sunday, many traveling to Chicago, to stop a scheduled vote on redistricting and freeze all legislative activity during the special session. Their departure also allowed them to avoid potential arrest by state law enforcement.
U.S. Sen. John Cornyn, R-Texas, said Tuesday he had asked FBI Director Kash Patel to help state and local law enforcement locate and detain the Democrats.
“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 said.
“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,” he added.
During a White House press conference Wednesday, President Trump was asked about Cornyn’s request.
“Well, they may have to,” he said of FBI involvement. “I know they want them back. The Governor of Texas is demanding they come back. So, a lot of people are demanding they come back. You can’t just sit it out. You have to go back. You have to fight it. That’s what elections are about.”
The move, along with actions from Texas Attorney General Ken Paxton, has left political experts questioning the legality.
“The challenge is that there’s a political side to this and there’s a legal side to this,” said Joshua Blank of the Texas Politics Project.
Blank noted that federal involvement could trigger a constitutional crisis if agents attempt to force state lawmakers to return.
Paxton has given Democrats until Friday to return to the Capitol or face legal action. He has also filed a petition to remove Texas House Democratic Caucus Chairman Gene Wu from office.
The Democrats have been charged with a civil offense under Texas House rules, which experts say means the FBI does not have constitutional authority to make arrests in this case.
But Texas Attorney General Ken Paxton (R), who is challenging Cornyn in a primary next year, didn’t think much of getting the FBI’s assistance. “This is a state issue. I don’t know what the FBI would have to do with this – nothing. This is a purely state issue,” he said on a podcast.
Cornyn countered that “the FBI has tools to aid state law enforcement when parties cross state lines, including to avoid testifying or fleeing a scene of a crime.”
“Specifically, 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,” he added.
On Monday, House Speaker Dustin Burrows, R-Lubbock, signed civil arrest warrants for the absent lawmakers, and by Tuesday, only eight Democrats had returned to the Capitol. Gov. Greg Abbott ordered the remaining members to return to Austin by Monday or face arrest and possible removal from office.
He instructed the Texas Department of Public Safety to detain them upon reentering the state and directed the Texas Rangers to investigate potential bribery charges.