The AG has no power under the Texas Constitution to represent the state in criminal prosecutions without the consent of the DA or county attorney. The Court of Criminal Appeals got it right.
For Paxton to go behind the judges backs by playing in their elections is disgraceful and unbecoming an attorney general.
So you don’t think it’s a disgrace for the local DA to ignore election fraud and for citizens to have no recourse... odd thinking for a “conservative”... I hope Paxton continues to sue the Feds and Phizer!.... ymmv
The problem appears to be soros-backed demo-commie DAs could ensure the demo-commies can cheat as much as they want without fear. Maybe Texas needs to change the law?
How did he go "behind their backs," pray tell?
I referenced the Texas Constitution. You are correct. My respect for Ken Paxton just went down a couple of notches.
However, this shows a serious flaw in the way Texas power is distributed. If a party manages to gain control of the DA and county attorney in a county, there is virtually no check on what they can do, as the DA and county attorney can simply refuse to prosecute party members.
Perhaps federal statutes could be used to prosecute things such as voter fraud.
Other than appealing to voters to "vote the bums out", have you any suggestions?
“For Paxton to go behind the judges backs by playing in their elections is disgraceful and unbecoming an attorney general.”
I’m sure the Marxist Democrats would agree with you re: that. Not that I give a damn what they think or agree with. Allowing voter and election fraud is disgraceful and unacceptable and .... unconstitutional. Paxton is attempting to ‘fix it’ and I wholeheartedly applaud his attempts.
If Texas falls to the Democrats, the American nation is dead. The Democrats in Harris, Dallas, Bexar, Travis, Tarrant, and El Paso Counties are very willing to do what their counterparts have done on the West Coast, Illinois, Michigan, and the Northeast. Florida cracked down on voter fraud under DeSantis, and a once purple state is now redder than Texas. Attorney General Paxton needs to replicate what Florida has done, and with the defeat of the RINOs on the court, he may be able to do so.
I am up to here with rationality and reasons... What is sauce for the gander is sauce for the goose.
“The AG has no power under the Texas Constitution to represent the state in criminal prosecutions without the consent of the DA or county attorney.”
And what happens when it’s murder and the DA takes a pass on the case because he’s best buddies with the accused? The guy gets away with it?
BS- Vote fraud affects everyone in the state and sometime the entire country. You can’t leave that up to a bunch of county hacks who are in on the steal.
“The AG has no power under the Texas Constitution to represent the state in criminal prosecutions without the consent of the DA or county attorney. The Court of Criminal Appeals got it right.”
The office of the “Attorney General” is mentioned 44 times in the Texas Constitution. Most pertain to bonds. Here is a description of duties:
Art IV. Sec. 22. ATTORNEY GENERAL. “The Attorney General shall represent the State in all suits and pleas in the Supreme Court of the State in which the State may be a party, and shall especially inquire into the charter rights of all private corporations, and from time to time, in the name of the State, take such action in the courts as may be proper and necessary to prevent any private corporation from exercising any power or demanding or collecting any species of taxes, tolls, freight or wharfage not authorized by law. He shall, whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless otherwise expressly directed by law, and give legal advice in writing to the Governor and other executive officers, when requested by them, and perform such other duties as may be required by law. (Feb. 15, 1876. Amended Nov. 3, 1936, Nov. 2, 1954, Nov. 7, 1972, and Nov. 2, 1999.) (Temporary transition provisions for Sec. 22: see Appendix, Note 1.)”
“Consent” is mentioned 41 times and none of them pertain to county of district attorneys giving consent.
The Texas Supreme Court ruled against Paxton, citing the Separation of Powers clause:
ARTICLE II THE POWERS OF GOVERNMENT Sec. 1. SEPARATION OF POWERS OF GOVERNMENT AMONG THREE DEPARTMENTS.
“The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: those which are Legislative to one,* those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. (Feb. 15, 1876.)”
The office of the attorney general represents the state. It defends the state constitution. The state constitution provides many specifics on voting and voter rights. If these rights are violated by voter fraud, it seems to me the attorney general is obligated to act.
However, the Texas Supreme Court claims that the law (and possibly the state constitution) does not give the attorney general authority to prosecute crimes unless requested to do so by local authorities.
The problem is that even in Texas the lawless left is using the selective enforcement of the law to essentially override the legislature. Illegal abortion, theft, voter fraud, etc. may be permitted by the defacto non-enforcement by local DAs and CAs.
I have not been able to find a copy of the Texas Supreme Court ruling to read their opinions, but I question this outcome. How can there be laws that don’t get enforced and there is no remedy?