Sunday, August 08, 2021

The Post Where I Buried The Lede

I haven't looked at this because it doesn't make sense.

The Governor of Texas can't issue an arrest warrant against anyone, any more than the POTUS can.  That's not an administrative function given to the chief executive.

There is no provision in the Texas Criminal Code that allows even the Texas AG to seek arrest warrants (from a court) to arrest the errant Democratic House members.  Warrants for arrest for breaking quorum have to issue from the House, and can only direct law enforcement to return the miscreant to the House chamber.  That happened in the last session for one House member, who was never arrested (he went back to D.C.).

The new special session started yesterday.  The House must start over with a new quorum call, and then follow that with a call to return the members, and then follow that with warrants issued to Texas law enforcement for each individual member.  Eventually I expect that to happen, or contrarily more members will decide they need to stay home and make some money, and they quit answering the Governor's call to come to Austin for special session after special session.  History doesn't indicate that will happen, but who knows?

As for the suit?  It would embarass a first-year lawyer to file this thing.  Phelan is Texas Speaker of the House.  As I said, he's only issued one arrest warrant, and that is now moot (because it's void).  Abbott has no authority to arrest anyone.  The House rules on quorum calls didn't impact the plaintiffs' abilities to address Congress.  They want this to be a civil rights case (it isn't) and claim damages of $5.00 actual and $10.00 punitive, not as a minimum, but as all they seek.

I don't see the point of this at all.  I'm gonna go back to ignoring it.

Besides, the second session seems to be screwed all on its own:
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