Category: fox-news/us/us-regions/southwest/texas

TX Gov. Greg Abbott names John Scott as temporary attorney general following Ken Paxton’s historic impeachment

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Gov. Greg Abbott on Wednesday picked a longtime ally who oversaw Texas' elections in 2022 to temporarily serve as attorney general following Republican Ken Paxton's historic impeachment on allegations of misconduct and crimes.

John Scott, who stepped down as Texas Secretary of State last year, takes over as the state's top lawyer on an interim basis while Paxton awaits a trial in the state Senate that could result in his permanent removal. The trial is set to begin no later than Aug. 28.

Paxton was impeached last weekend by the Texas House of Representatives, triggering his immediate suspension from office.

Abbott has kept silent about Paxton in the week since House Republicans began impeachment proceedings. The governor announced Scott's appointment in a statement that did not mention Paxton or comment on the accusations against him.

TEXAS LEGISLATURE'S FIRST SPECIAL SESSION FOCUSING ON BORDER SECURITY, CUTTING PROPERTY TAXES, ABBOTT REVEALS

"John Scott has the background and experience needed to step in as a short-term interim Attorney General during the time the Attorney General has been suspended from duty," Abbott said.

Scott has been a trusted hand of Abbott's for more than a decade. He served as a state litigator when Abbott was attorney general, and when Abbott's pick for secretary of state in 2019 was derailed after a bungled review of voter rolls, the governor turned to Scott instead.

At the time, the appointment alarmed voting rights groups over Scott's brief stint as a member of President Donald Trump’s legal team that challenged the 2020 election results. Scott withdrew from the case after only a few days and has said he does not dispute that President Joe Biden won the election.

TEXAS CRACKDOWN ON DRAG PERFORMANCES WITH MINORS PRESENT REACHES GOV. ABBOTT'S DESK

Paxton weathered years of scandal and maintained his party’s support to win three statewide attorney general’s races before the vote in the Republican-controlled House abruptly swept him from power.

The vote came after a monthslong House investigation into the attorney general that resulted in 20 charges alleging sweeping abuses of power, including obstruction of justice, bribery and abuse of public trust.

Paxton has criticized the impeachment as an attempt to "overthrow the will of the people and disenfranchise the voters of our state." He has said the charges are based on "hearsay and gossip, parroting long-disproven claims."

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Texas' senators will serve as "jurors" in Paxton's upcoming trial — one of whom could be his wife, state Sen. Angela Paxton, who has not said whether she will participate in the proceedings.

During his yearlong stint as Texas' election chief, Scott was tasked with trying to give voters confidence about election results and the ability to cast a ballot after Republicans passed a sweeping new voting law. Those efforts got off to a bumpy start during Texas’ first-in-the-nation primary as voters struggled to navigate new mail voting requirements, resulting in counties throwing out nearly 23,000 mail ballots.

Texas Gov Greg Abbott to sign bill taking on ‘rogue’ district attorneys

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Texas is about to crack down on "rogue" district attorneys who refuse to prosecute entire classes of crime, like abortion or drug-related offenses. 

Gov. Greg Abbott said Monday he will sign House Bill 17, which expands the definition of "official misconduct" for which a prosecutor can be removed from office. Under the proposed law, Texas residents may call for the removal of a district attorney who refuses to prosecute a class or type of criminal offense by filing a petition. 

"This is one of many transformative bills passed this session," Abbott said Monday. "I'll sign it. But there's more work to do." 

The petitioner must be a resident of the offending district attorney's county for at least six months and not currently be charged with a criminal offense in that county. If enacted, the bill would also apply to county attorneys with criminal jurisdiction. 

TEXAS LEGISLATURE'S FIRST SPECIAL SESSION FOCUSSING ON BORDER SECURITY, CUTTING PROPERTY TAXES, ABBOTT REVEALS

"Our message is crystal clear - the rule of law will be respected and enforced in Texas," said bill sponsor state Rep. David Cook, a Republican. "It's time to remove politics from prosecution." 

The Republican-led effort comes in response to progressive district attorneys and state attorneys general who have vowed not to enforce abortion bans since the Supreme Court overturned Roe v. Wade last year. Some district attorneys, such as New York's Alvin Bragg or Los Angeles District Attorney George Gascon, have declined to prosecute low-level crimes or misdemeanor offenses, including marijuana possession and prostitution. 

TEXAS HOUSE DELIVERS ARTICLES OF IMPEACHMENT AGAINST EMBATTLED AG PAXTON TO SENATE: PATRICK RELEASES STATEMENT

In Texas, some progressive prosecutors refused to comply with a directive issued by Abbott last year ordering transgender medical care for minors to be investigated as child abuse. Legislation that would ban puberty blockers and hormone therapies for transgender minors is currently advancing through the legislature, and Abbott has promised to sign it.

Other district attorneys have pledged to end mass incarceration by declining to prosecute crimes, including Dallas County District Attorney John Creuzot, who announced in 2019 he would not prosecute thefts of personal items under $750 that are stolen out of necessity, the Texas Tribune reported.

TEXAS CRACKDOWN ON DRAG PERFORMANCES WITH MINORS PRESENT REACHES GOV. ABBOTT'S DESK

House Bill 17 contains an exemption for prosecutors who use pretrial diversion programs, which offer an alternative to prosecution for criminal offenders who agree to abide by the law moving forward and go through counseling or community service. 

Democrats and civil rights groups oppose the law, saying it is unconstitutional and overly vague, according to the Houston Chronicle. 

"This violation of the state’s separation of powers is one piece to an unsettling pattern of top-down power-grabbing," said state Democratic Sen. Sarah Eckhardt, a former prosecutor, according to the outlet. "Tools like prosecutorial discretion are critical — especially in a state like Texas, where our local district attorneys are directly elected by the people."

Texas House delivers articles of impeachment against embattled AG Paxton to Senate

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The Texas House of Representatives on Monday delivered articles of impeachment against Attorney General Ken Paxton to the state Senate. 

The delivery came after the GOP-led House named the board of managers – comprising five Democrats and seven Republicans – who will oversee the impeachment proceedings. Rep. Andrew Murr, R-Junction, is leading the board, The Dallas Morning News reported.

The House approved 20 articles of impeachment on sweeping allegations of wrongdoing against Paxton that have trailed the state's top lawyer for years, including abuse of office and bribery. The vote immediately suspended Paxton from office.

The House needed just a simple majority of its 149 members to impeach Paxton, and the final 121-23 vote was a landslide. But the threshold for conviction in the Senate trial is higher, requiring a two-thirds majority of its 31 members.

TEXAS GOV. GREG ABBOTT SENDS FIRST BUS OF MIGRANTS TO COLORADO

If that happens, Paxton would be permanently barred from holding office in Texas. Anything less means Paxton is acquitted and can resume his third term as attorney general.

Paxton bitterly criticized the chamber's investigation as "corrupt," secret and conducted so quickly that he and his lawyers were not allowed to mount a defense. He also called Republican House Speaker Dade a "liberal."

The AG's office tweeted Saturday that the impeachment was based on "totally false claims." 

"After an internal investigation, the OAG retained an outside law firm to further investigate, which culminated in a report. The OAG offered it to the House, but they refused," the AG's office said. 

The impeachment charges include bribery related to one of Paxton's donors, Austin real estate developer Nate Paul, allegedly employing the woman with whom he had an extra-matrial affair in exchange for legal help.

Another Republican senator with a potential conflict is Sen. Bryan Hughes. The House impeachment articles accuse Paxton of using Hughes as a "straw requestor" for a legal opinion used to protect Paul from foreclosure on several properties.

Lt. Gov. Dan Patrick is expected to set a trial date in the Senate and name committee members to establish rules that will govern the impeachment proceedings. The Senate will ultimately decide whether Paxton stays in office. Patrick, who is president of the Senate, will preside as judge.

Fox News Digital has contacted Phelan, Murr, and Paxton for further comment. 

The Associated Press contributed to this report. 

Texas House votes to impeach Republican Attorney General Ken Paxton

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The Texas House of Representatives voted Saturday to impeach Republican Attorney General Ken Paxton over charges of bribery, disregard of official duties and abuse of public trust after hours of debate in an afternoon session -- sending the case to the state Senate.

The House voted 121-23 to impeach him, meaning he will step down temporarily as he faces trial in the upper chamber. A simple majority was required to impeach him. 

The House’s Committee on General Investigating had initiated an inquiry in March after Paxton and his office asked the legislature for $3.3 million to settle a wrongful termination lawsuit filed by whistleblowers in the office. The former employees had called in 2020 for an investigation into Paxton’s actions regarding an Austin real estate investor who had his home searched by the FBI. They accused Paxton of using his office to protect him by authorizing an investigation into the FBI.

SEN. CRUZ DEFENDS TEXAS AG PAXTON AMID IMPEACHMENT EFFORTS FROM ‘SWAMP IN AUSTIN’ 

The articles of impeachment allege that the settlement delayed the discovery of facts and testimony to Paxton's advantage.

"Over the course of several months, the Committee and staff set out to determine if payment of the settlement was warranted because of the lack of discovery in the litigation and because Paxton and his office were not forthcoming about his conduct regarding the whistleblower’s good faith reports of his violations of his constitutional and statutory duties," a committee memo this week said.

The Republican-led investigation has presented findings that Paxton recommended the developer, Nate Paul, employ a woman with whom Paxton was allegedly having an affair, and that Paul aided Paxton with a renovation of his home in exchange for favorable legal help from Paxton’s office. Paxton is also accused of obstruction of justice and false statements in official records.

It is the latest allegation of wrongdoing against the conservative firebrand -- who has launched a number of high-profile lawsuits in support of conservative causes and against the Biden administration. He was indicted on securities fraud charges in 2015, but has yet to stand trial.

Paxton has dismissed the impeachment push as "political theater" based on "hearsay and gossip, parroting long-disproven claims."

TEXAS HOUSE COMMITTEE RECOMMENDS IMPEACHING ATTORNEY GENERAL KEN PAXTON FOLLOWING INVESTIGATION

Ahead of the vote, Paxton secured the backing of Texas Sen. Ted Cruz, who called the proceedings "a travesty."

"For the last nine years, Ken has been the strongest conservative AG in the country. Bar none. No attorney general has battled the abuses of the Biden admin more ferociously—and more effectively—than has Paxton."

TEXAS AG PAXTON SLAPS BIDEN ADMIN WITH LAWSUIT OVER USE OF CBP ONE APP: 'PRE-APPROVING MORE FOREIGN ALIENS'

"That’s why the swamp in Austin wants him out," he continued. "The special interests don’t want a steadfast conservative AG. I understand that people are concerned about Ken’s legal challenges. But the courts should sort them out."

Former President Donald Trump also gave his backing to the AG, saying on Truth Social: "Free Ken Paxton."

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"Hopefully Republicans in the Texas House will agree that this is a very unfair process that should not be allowed to happen or proceed -- I will fight you if it does," he warned.

Democrats in the House had presented their case against Paxton, with Rep. Ann Johnson accusing Paxton of being "desperate to keep this case in the court of public opinion."

"Because he has no ability to win in a court of law. See, in a court of law, a judge will provide over that case and he will be treated just as any other civil or criminal defendant," she said.

While some Republicans have backed impeachment, others had expressed concern about the method of the investigation and impeachment, calling it rushed and politicized.

"I don't think today is about whether there's guilt or innocence, it's about process," Rep. Tony Tinderholt said.

A two-thirds majority is required in the Senate to remove him from office. As the trial goes on, Gov. Greg Abbott will appoint an interim replacement.

Fox News' Kyle Morris and The Associated Press contributed to this report.

Sen. Cruz defends Texas AG Paxton amid impeachment efforts from ‘swamp in Austin’

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Republican Sen. Ted Cruz took to social media Saturday to defend Texas Attorney General Ken Paxton ahead of a vote in the state House to impeach him, insisting Paxton has been the "strongest conservative AG" in America and that the "swamp in Austin" can't handle it.

A vote to impeach Paxton, slated for 1 p.m. local time, came after the Texas House Investigative Committee unanimously voted 5-0 to adopt articles of impeachment for Paxton earlier this week, according to FOX 4.

"What is happening to @KenPaxtonTX is a travesty," Cruz wrote in a series of tweets. "For the last nine years, Ken has been the strongest conservative AG in the country. Bar none. No attorney general has battled the abuses of the Biden admin more ferociously—and more effectively—than has Paxton."

"That’s why the swamp in Austin wants him out," he continued. "The special interests don’t want a steadfast conservative AG. I understand that people are concerned about Ken’s legal challenges. But the courts should sort them out."

TEXAS HOUSE COMMITTEE RECOMMENDS IMPEACHING ATTORNEY GENERAL KEN PAXTON FOLLOWING INVESTIGATION

Further defending Paxton, Cruz wrote, "Virtually all of the information in the articles was public BEFORE Election Day, and the voters chose to re-elect Ken Paxton by a large margin. In my view, the Texas Legislature should respect the choice of the Texas voters."

The committee vote came as Paxton, who commended Cruz for his comments, is under investigation in a corruption case being led by the FBI over accusations that the attorney general used his office to assist a donor. He was also indicted in 2015 on securities and fraud charges, but hasn't yet faced a trial.

Multiple aides from Paxton's office became concerned that the attorney general was misusing the office's power to help donor Nate Paul regarding unproven claims of a conspiracy to steal $200 million of his properties was taking place.

Paxton also allegedly told staff members that he had an affair with a woman who worked for Paul.

TEXAS AG PAXTON SLAPS BIDEN ADMIN WITH LAWSUIT OVER USE OF CBP ONE APP: 'PRE-APPROVING MORE FOREIGN ALIENS'

In the articles of impeachment, lawmakers accuse Paxton of misusing public information law, using his office to help a donor, terminating employees who reported his "unlawful" conduct, bribery, misleading public officials, and more.

Multiple aides from Paxton's office became concerned that the attorney general was misusing the office's power to help donor Nate Paul regarding unproven claims of a conspiracy to steal $200 million of his properties was taking place. 

Paxton also allegedly told staff members that he had an affair with a woman who worked for Paul.

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In the articles of impeachment, lawmakers accuse Paxton of misusing public information law, using his office to help a donor, terminating employees who reported his "unlawful" conduct, bribery, misleading public officials, and more.

In Texas, an impeachment from the House would require Paxton to leave his office immediately pending a trial in the Senate.

Fox News' Adam Sabes and the Associated Press contributed to this report.

Texas House committee recommends impeaching Attorney General Ken Paxton following investigation

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A Texas House of Representatives investigative committee recommended impeachment for embattled state Attorney General Ken Paxton.

The Texas House Investigative Committee unanimously voted 5-0 to adopt articles of impeachment for Paxton on Thursday, according to FOX 4.

A vote on the recommendation could come as soon as Friday. 

Paxton would be forced to leave his position immediately if impeached.

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Fox News Digital reached out to Paxton's office for comment.

Mayorkas comes face to face with family of grandmother, 7-year-old girl killed by human smuggler near border

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Secretary of Homeland Security Alejandro Mayorkas apologized Wednesday to the family of two victims who died in a traffic accident caused by a human smuggler fleeing arrest at the border.

Mayorkas — testifying before the House Homeland Security Committee — was asked to apologize to the family of Maria Tambunga and Emilia Tambunga, who were killed last month.

"They're sitting right behind you. They came here today because they want answers. They came here today because of the failures of you and your leadership. They came here because they want closure," said Republican Rep. August Pfluger of Texas.

SEN. MARSHALL INTRODUCES RESOLUTION FOR VOTE OF NO CONFIDENCE IN MAYORKAS AMID SENATE GRILLING

Mayorkas did stand and express condolences to the Tambunga family present — although he also accused Pfluger of politicizing the tragedy.

Speaking directly to the family without a microphone, Mayorkas could be heard at one point telling the group, "My heart breaks for your loss."

The Texas Department of Public Safety said Rassian Comer, 22, of Louisiana, ran a red light during a high-speed chase on eastbound I-10 in Ozona and crashed into Maria Tambunga's car. 

BORDER PATROL CHIEF SAYS DHS DOESN'T HAVE OPERATIONAL CONTROL OF US BORDER

Two of the 11 illegal migrants being smuggled in Comer's 2021 Dodge pickup truck were also killed in the crash, Texas DPS said. Both were from Mexico. 

"Mr. Mayorkas, are you going to tell the Tambunga family that the border is secure today?" Pfluger asked.

"Congressman, you are politicizing a tragedy," Mayorkas responded.

Mayorkas has become a lightning rod for Republican criticism over the border crisis, and scrutiny has increased ahead of the looming end of Title 42 expulsions at the beginning of May. 

BIDEN ADMIN SEES PROGRESS IN TACKLING BORDER CRISIS AS MARCH'S NUMBERS DOWN FROM LAST YEAR

"Mr. Mayorkas, do you disagree with the head Border Patrol agent when he said that our border is not secure?" Pfluger pressed.

"Congressman, I have testified to that issue," Mayorkas began.

"So you do disagree with him. You disagree with your chief of Border Patrol?" the congressman asked again.

"I respectfully do in that regard," the secretary replied.

While the administration has been touting relatively lower numbers in recent months — which it ties to border measures introduced in January that included increased expulsions of a humanitarian parole program for four nationalities — officials fear a massive increase in apprehensions once Title 42 drops.

The Biden administration has dismissed the push by Republicans in the House to impeach Mayorkas, saying that Congress should instead focus on fixing what it says is a broken immigration system. 

A spokesperson on Tuesday renewed those calls in response to a resolution by Sen. Roger Marshall, R-Kan., to trigger a vote of no confidence in Mayorkas.

Fox News' Bradford Betz and Adam Shaw contributed to this report.

CBP officials warn potential illegal immigrants that ‘border is not open’ as Title 42’s end nears

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Customs and Border Protection (CBP) officials are warning migrants who are thinking of entering the U.S. illegally that the southern border is "not open" — ahead of the end of the Title 42 expulsion authority next month.

"The U.S. Border Patrol in El Paso Sector would like to remind migrants that the border is not open for those without authorization or a legal basis to enter," CBP officials in El Paso said via a statement on Thursday.

Officials have regularly issued warnings in both Spanish and English to combat what they see as misinformation being spread by smugglers and transnational criminal organizations that the border is open.

In the U.S., the debate over the ongoing crisis at the southern border has been fierce. Republicans have accused the administration of adopting "open border" policies that have fueled the crisis — which saw more than 2.3 million migrant encounters in FY 2022 alone. They have pointed to the halting of border wall construction, the ending of Migrant Protection Protocols (MPP) and the paroling in of migrants as examples of policies that have encouraged migrants.

HOUSE REPUBLICANS WANT ANSWERS FROM MAYORKAS ON ‘ABUSE OF PAROLE’ AT THE BORDER AFTER FIERY HEARINGS

Recently a Florida judge shut down the Biden administration’s paroling in on migrants with Alternatives to Detention and accused the administration of having "turned the Southwest Border into a meaningless line in the sand and little more than a speedbump for aliens flooding into the country."

The administration says it is restoring legal asylum pathways destroyed by the prior administration while tackling a historic hemisphere-wide challenge. It has also pointed to recent measures introduced in January, including an expansion of expulsions to four countries — Cuba, Venezuela, Nicaragua and Haiti — along with a humanitarian parole program to allow up to 30,000 migrants from those nations to fly into the U.S. each month. It says those policies have been followed by a sharp drop in encounters at the border.

However, Title 42 is scheduled to end next month on May 11 along with the COVID-19 public health emergency. The order was introduced at the beginning of the pandemic and allows for the rapid expulsion of migrants at the border. Its ending has raised concerns that there will be a fresh surge of migrants at the border who believe they are more likely to be able to be released into the U.S. instead of returned. When the order was set to end at the end of 2022, officials warned of up to 14,000 migrant encounters a day.

FEDERAL JUDGE RULES BIDEN BORDER POLICY UNLAWFUL, A ‘SPEEDBUMP’ FOR ILLEGAL MIGRANTS 

The CBP officials, however, sought to emphasize that removals and other enforcement under the regular Title 8 authorities will still be in place. DHS has separately stated that it has a plan in place to deal with any surge, and will also be introducing an asylum ineligibility for those who cross illegally and have not claimed asylum in a prior country through which they traveled.

"The El Paso Sector is currently working with other sectors to assist with the expulsion of migrants encountered in the El Paso Region. Those migrants that are not amenable to expulsion and do not have a legal basis to remain in the U.S. will be placed in removal proceedings under Title 8. THIS HAS NOT CHANGED," the statement said.

MAYORKAS AGAIN REFUSES TO CALL BORDER SURGE A ‘CRISIS,’ SAYS IT WOULD INDICATE ‘WITHDRAWAL FROM OUR MISSION’

"We would like to emphasize that migrants encountered in the El Paso Sector are also currently being expelled through ports of entry throughout the southwest border," the statement added.

Border policy was under heavy scrutiny last month when Homeland Security Secretary Alejandro Mayorkas appeared before Senate and House committees and defended his agency’s handling of the crisis in the face of fierce Republican criticism. 

Some Republicans have raised the possibility of impeaching Mayorkas for his handling of the crisis, with some lawmakers in the House already introducing impeachment articles against the DHS chief.

Those hearings came after Border Patrol Chief Raul Ortiz had testified to a House hearing that agents did not have "operational control" of the border and that there were multiple sectors facing a "crisis" situation.
 

High-speed pursuit of 12-year-old, 15-year-old migrant smugglers ends in shocking car crash

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FIRST ON FOX: Two boys, ages 15 and 12, wrecked their vehicle after vaulting onto a highway as they attempted to evade law enforcement while smuggling an illegal immigrant in Texas -- the latest shocking high-speed chase at the border involving human smuggling.

The incident took place on Wednesday in Frio County, when the 15-year-old driver led Texas Department of Public Safety troopers on a high speed pursuit on IH-35.

With a 12-year-old passenger who authorities said was a runaway and also involved in the smuggling, the driver lost control of the vehicle due to the wet road conditions, hit an embankment, went airborne and hit IH-35.

Video obtained by Fox News shows the boys calling for help from the wreckage and officers smashing the windows to get them out. Authorities said that the illegal immigrant being smuggled was located in the vehicle with "incapacitating injuries" and transported to a hospital.

DHS SECRETARY MAYORKAS HIT WITH NEW IMPEACHMENT PUSH OVER ‘RECKLESS ABANDONMENT’ OF BORDER SECURITY 

The vehicle was stolen out of San Antonio, and the 15-year-old has been charged with evading arrest causing bodily injury, human smuggling causing bodily injury, unauthorized use of a motor vehicle and drug possession.

Everybody survived. 

BIDEN ADMIN KEEPS PUSHING SWEEPING IMMIGRATION BILL, INCLUDING AMNESTY, TWO YEARS INTO MIGRANT CRISIS

The shocking video highlights the problem of human smuggling at the border, which can frequently involve cartels recruiting teens, including American citizens, on social media and elsewhere to smuggle illegal immigrants deeper into the U.S.

The arrest was made by Texas DPS, who have had their resources and presence increased in response to Texas’ Operation Lone Star -- launched by Gov. Greg Abbott in response to the ongoing migrant crisis at the border.

Last week, an officer stopped a vehicle carrying four illegal immigrants being smuggling into the U.S.

TEXAS DPS TROOPERS TURN IN 4 ILLEGAL IMMIGRANTS FOLLOWING CHASE INVOLVING CHILD

The driver, identified as Jose Maximo Viera, evaded the trooper through multiple cities, rural roads and dirt roads. During the pursuit, speeds reached 110 miles per hour. Viera reportedly lost control of the vehicle several times due to its speed and wet road conditions.

Viera and the passengers bailed out of the car and ran toward the brush, where troopers located them. Along with Viera, troopers located two men, one woman and a 2-year-old boy from El Salvador hiding in the brush.

There were 251,000 migrant encounters in December alone. Meanwhile, there have so far been over 300,000 "gotaways" – illegal immigrants who have evaded Border Patrol – this fiscal year so far, sources told Fox News this week.

Fox News’ Pilar Arias and Griff Jenkins contributed to this report. 

Texas Rep. Chip Roy calls for impeachment of President Biden, DHS Secretary Mayorkas

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Texas Rep. Chip Roy is calling for the impeachment of both President Biden and Homeland Security Secretary Alejandro Mayorkas over their response to the flow of illegal immigrants across the southern border over the past six months.