More Unreliable Narrators

The next part of the plan to steal the midterms and/or the 2028 election - an attempt to do a mid-decade census to take seats and electoral votes away from blue states. I knew this was coming. pic.twitter.com/dyFHSBNv1D

— Ron Filipkowski (@RonFilipkowski) August 7, 2025

 Really, really not up to Trump:

The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. 

A) Congress has to direct it; 

B) it’s conducted every ten years.

Now, if the Roberts Court decides Trump can suspend the 1st section of the 14th amendment, they’ll decide he can override Art. I, sec. 2, cl. 3, just as easily. And then the Court finds out it is subject to the Congress and the Constitution, and some serious reforms take place. Which, to be fair, will happen if they rescind the first section of the 14th.

So I really think this is a dead letter. Not least because it would cause almost every state to lose electoral votes and representatives with them. Even Texas would have to worry about that. Trump is throwing kerosene on the redistricting fire, here, and he’s stupid (and venal) enough to not understand any of the consequences (racist xenophobia has that effect). I don’t think Congress, or even the Sinister Six, are going to back him. It’s a little too fucking blatant. As well as not at all feasible:

Just from a logistical standpoint it is not feasible to conduct a "new" mid-decade census with accuracy. To give a sense of the scale of what is required, preparations are already underway for the *2030* census. This will add chaos to the Census Bureau and degrade the accuracy of the 2030 census

Support for congressional appropriations for a new census are not guaranteed among Republicans since there are Republican members from states like Florida and Texas where the states will lose seats, and Republicans use noncitizens to draw *Republican* held districts (e.g., South Florida and Texas).

From a legal standpoint, the constitution and federal law is clear that congressional apportionment and redistricting are to be done with the 2020 decennial census. Where not prohibited in state constitutions or law, states could redistrict state legislative districts

In addition to navigating the political quagmire of Republican states and members representing districts with noncitizens, there are other constituencies that need accurate census data:

- businesses to make investment decisions
- police to allocate resources
- health to monitor disease outbreaks

It is not possible to conduct a new census and draw new districts for the November 2026 elections:

Congress has to appropriate money

AND

Census has to gear up and report new numbers

AND

States must draw new districts

All before 2026 primary candidate filing deadlines, which are months away

On top of this, each of these steps can and will be litigated, adding further delays

Hard to know what goes on in Trump's head, but it could be that the "new" census is a new and improved 2030 census, not a mid-decade census. The 14th Amendment Sec. 2 requires the census to count "the whole number of persons in each State" so changes to the 2030 census would be litigated

That was my first thought: that Trump was referring to the 2030 Census. If so, he’ll be out of office by January,  ‘29. Which plays hell with census preparations, but the new POTUS  could easily squash Trump’s racist demands. And if Trump tries it for 2025, it’s entirely too little too late. Litigation alone would probably tangle it up until 2027, at least.

Speaking of what is not feasible:

U.S. Sen. John Cornyn announced that the FBI has granted his request to investigate and locate the Texas Democratic lawmakers who left the state in an attempt to stop the passage of new GOP-favored congressional maps.

A spokesperson for Cornyn declined to provide additional details about the FBI’s involvement, and the bureau declined to comment.

You know the cartoons where the dog runs around pointing out the hiding places of Daffy Duck to Elmer Fudd? That’s what this amounts to.

In response to the letter, Cornyn said on a local radio show that Patel “had assigned agents in both the San Antonio and Austin office,” but he did not specify what role those agents would play.

I mean, we may not know precisely where they are, but we have a pretty good idea. And this is not exactly a criminal investigation, so what does the FBI do if they find someone? Point frantically at the hollow log?

This was Popehat’s response to Cornyn’s earlier announcement that he was asking the FBI for help.

The Feds can investigate and prosecute Unlawful Flight To Avoid Prosecution, but my read of the statute is that it wouldn’t extend to flight to avoid the Texas civil warrants.

Of course Republicans don’t give a shit what the law is.

He’s referring to 18 USC sec. 1073, which reads in pertinent part (as the lawyers say):

Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, or (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by death or which is a felony under the laws of such place, is charged, or (3) to avoid service of, or contempt proceedings for alleged disobedience of, lawful process requiring attendance and the giving of testimony or the production of documentary evidence before an agency of a State empowered by the law of such State to conduct investigations of alleged criminal activities, shall be fined under this title or imprisoned not more than five years, or both. For the purposes of clause (3) of this paragraph, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

I’m gonna go out on a limb and say this is how Ghislaine Maxwell was apprehended and brought to trial in New York, because I think she was in another state, in hiding ( or was she just in upstate New York?). Anyway, it would have been an appropriate use of the statute.

But the 50 Texas Democrats are not facing prosecution. As even Ken Paxton admitted, criminal charges would have to come from a local DA with jurisdiction and venue, and you’d need 50 of those. There isn’t even one, so far. I’d also point out that, while the news jumped on Cornyn’s statement, the FBI is mum. So we’re back to the problem of the unreliable narrator.

I’d venture to say even the FBI doesn’t see a role, here.

Paxton is supposed to start filing civil suits tomorrow. I almost hope he does.