Former Rep. Mayra Flores accused of cribbing others’ pictures of Mexican food as her own cooking

By Robert Downen 

The Texas Tribune

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In a bizarre micro-scandal that some have dubbed “GrubGate,” a former GOP congresswoman who is running for her old seat in South Texas is being accused of routinely stealing photos of Mexican food from other social media accounts and passing them off as her own cooking.

Earlier this week, Mayra Flores, the first Mexican-born woman to serve in Congress, posted a photo on social media that she described as “gorditas de masa" with the caption, “the Ranch life with family is the best.”

Soon after, a user on X, formerly known as Twitter, pointed out that that the image was previously posted on a Facebook page, “Visit Guyana,” in March 2022. Others said that the food in the photo was not gorditas de masa. That prompted the conservative website Current Revolt to dig further into Flores’ social media accounts, where they found numerous other posts in which Flores used others’ photos of campfire cooking or homemade tortillas to illustrate her own idyllic life on a ranch.

“As a proud Latina who knows how to cook, homemade Mexican food tastes better from a gas stove,” she wrote alongside one photo of eggs and tortillas on what appears to be a wood-burning stove. The photo was initially posted on Facebook in 2021 by a Spanish-language magazine.

The Tribune separately reviewed Flores’ Instagram and found at least two such instances in the last year, including one post from July in which she shared a photo of meat and tortillas on a grill with the caption, “Joe Biden is not invited to the carne asada” in both English and Spanish. A reverse image search found that the exact photo was posted a year prior by a Facebook page for tourism in Tamaulipas — the state in Mexico where Flores was born.

In another post, she praised the “simple things in life” like a “good breakfast” alongside a photo that was first published two years ago by a Mexican food photographer.

In a text message on Wednesday, Flores said it wasn’t her “intention to mislead.”

“The photo simply reminded me of my upbringing in Mexico and childhood,” she said. “I deleted the tweet to clear up any confusion. I actually spend my Christmas at ranch with my In-Laws. Happy New Year!”

Asked to specify which of the photos she was referring to, Flores suggested that the Tribune focus on “the border crisis.”

She also changed her handle on X amid the criticism and has been blocking people on social media throughout Tuesday and Wednesday who have accused her of falsely passing the photos of cooking off as her own.

“The George Santos of the [Rio Grande Valley],” wrote the campaign for U.S. Rep. Vicente Gonzalez, D-McAllen, who Flores is currently challenging.

Flores is running to retake the South Texas seat that she initially won in a June 2022 special election. Her win was seen by the GOP as a sign of momentum among heavily Hispanic voters there. But redistricting made the seat more favorable for Democrats in the November election, and Flores lost to Gonzalez.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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How Gov. Greg Abbott lost a yearlong fight to create school vouchers

By Patrick Svitek, Zach Despart, and Brian Lopez, The Texas Tribune

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Sharing the stage at the Brazos Christian School gymnasium in Bryan, Rep. John Raney rose from his seat next to Gov. Greg Abbott during a pro-school voucher rally and lavished praise on the governor’s education agenda.

“Gov. Abbott understands the value of a good education and the importance of giving parents control over their children’s education,” Raney said at the March event, adding that the governor “spent nearly every night” helping his daughter do her homework and that the first lady is a former teacher and principal.

Then, Abbott took to his lectern and reciprocated his admiration for Raney, saying the College Station Republican “represents Brazos County extraordinarily well.”

It seemed like a good sign for Abbott, who was in the midst of barnstorming the state to rally support for school vouchers in Texas. In previous legislative sessions, Raney had signaled in test votes that he was against any measure to use public dollars for students to attend private schools — like the one he was speaking at that night.

But 254 days — and four excruciating special sessions — later, Raney would lead the effort on the House floor to defeat the very proposal that brought the men together that evening. The so-called “Raney amendment” to strike vouchers out of an education omnibus bill in November was the final knell for Abbott’s 18-month crusade for school vouchers.

It also meant that public schools would not receive the $7.6 billion boost that Abbott had made conditional on the approval of vouchers.

The typically cautious governor has poured more political capital into vouchers than anything else in his eight years in office. He campaigned for reelection last year on the proposal, declared it a top legislative priority and played hardball — using teacher raises and public school funding increases as negotiating chips, vetoing bills by the GOP holdouts and threatening primary challenges to get his way.

He picked an ambitious fight, given the House’s historic resistance to school vouchers, but he thought the ground was ripe for a breakthrough.

Yet after a year of negotiations, threats and politicking, Abbott ended 2023 vexed by a bloc of 21 Republican holdouts who prevented a bill from reaching his desk. It wasn’t particularly close for Abbott, despite the fact that he routinely projected false optimism throughout the year.

Raney later said he introduced Abbott at the pro-voucher event because it is customary when the governor visits a lawmaker’s district. But the perceived betrayal by Raney — and other House Republicans who joined with Democrats to kill the education subsidy — has set Abbott on a warpath in the March primary, determined to install more lawmakers who will vote his way.

The Texas Tribune interviewed more than a dozen people, including lawmakers, staffers, lobbyists and others involved in voucher negotiations this year. Almost all of them declined to speak on the record because they were not authorized to discuss the private negotiations or because they feared political consequences.

According to their accounts, Abbott primarily failed because of his refusal to compromise on a universal program, open to every Texas student — instead of a more pared-down program for disadvantaged students. That was a line that the rural GOP holdouts could not be convinced to cross. Abbott also underestimated just how much those opponents considered their voucher opposition as a political article of faith, hardened by years of campaigning on it. And as his negotiating tactics grew more heavy-handed, he ossified some of the intraparty opposition.

"This is an issue, for the people who voted against a voucher, they are going to be against a voucher no matter what you do to it," said Will Holleman, senior director of government relations at Raise Your Hand Texas, a pro-public education advocacy group. These members, Holleman added, have a “muscle memory you’re not going to get away from.”

One House Republican close to the negotiations said Abbott was “a little overly optimistic.”

“A lot of House members — certainly rural Republican House members — would have suggested that he miscalculated,” the member said.

A hopeful spring

Abbott had been something of a fair-weather school voucher proponent before 2022, but as he ran for a third term, he saw the ground shifting. The COVID-19 pandemic had soured parents on public schools, and Republicans nationwide were seizing opportunities to become the party of “parental rights” after decades of Democrats owning education as an issue.

Abbott himself was also eyeing a larger national profile — potentially a 2024 presidential run — and was routinely being compared to Gov. Ron DeSantis of Florida, where school vouchers with universal eligibility became law in March.

In Texas, the Senate, which had passed a voucher bill in 2017, could be relied on to deliver again. But Abbott knew he had his work cut out for him in the House, since a large majority of House Republicans in 2021 opposed vouchers in a symbolic vote. Many of those voucher opponents represented rural districts and were otherwise considered allies whom he had previously endorsed.

Abbott knew he needed to show them that their constituents also wanted vouchers.

“I think he went into this completely eyes wide open, completely aware of the battle,” said Mandy Drogin, a veteran voucher activist who works at the Texas Public Policy Foundation, the influential conservative think tank in Austin.

Starting in late January, Abbott and Drogin crisscrossed the state hosting nearly a dozen “Parent Empowerment Nights” at private schools in lawmakers’ backyards, pitching vouchers in the form of education savings accounts for every child in Texas. The state would deposit taxpayer funds in the accounts, and parents could use the money to cover private school costs, including tuition and books.

Drogin was impressed by Abbott’s persistence at the events. At Grace Community School in Tyler, a storm was moving in and they were told they had to end their rally early, Drogin said, but Abbott refused.

“He was not worried about getting home that night,” she said, “and he stayed in that gym and met every single parent to hear their story.”

Abbott invited the anti-voucher Republicans to join him at events in their districts. That put those members in a tough position. Do they attend and be seen as supportive of Abbott’s crusade, or do they snub the governor entirely?

Rep. Hugh Shine, R-Temple, appeared at one of Abbott’s earliest Parent Empowerment Nights, and like Raney, ultimately voted to thwart the governor’s priority.

Back at the Capitol, Abbott met individually with over 50 House Republicans during the regular session and discussed school vouchers. His schedule shows it was a wide range of members, from the pro-voucher faithful to at least 10 of the 21 Republicans who ultimately voted for the voucher-killing amendment, like Raney and Shine.

In those meetings, Abbott made clear how important the issue was to him personally.

Rep. Cody Harris, a Palestine Republican who had run for election as an anti-voucher Republican, told Abbott he remained “extremely skeptical” of vouchers in their meeting, even after introducing Abbott at a Parent Empowerment Night in his district. He would later flip in support of vouchers.

The first major gauge of Abbott’s influence arrived in April as the House considered the budget. It had become a biennial tradition for Rep. Abel Herrero, D-Robstown, to propose an amendment that prohibited any funding for voucher programs. It was seen as a symbolic vote because the amendment did not make it into the final budget, but this time, it took on new meaning amid Abbott’s push.

Abbott’s chief of staff, Gardner Pate, and legislative affairs director, Shayne Woodard, spent the days before that vote feeling out House Republicans. Abbott himself paid a rare visit to the House floor two days before. If you’re still undecided on the policy, they told members, vote present.

Rep. Brad Buckley, R-Killeen, chair of the House Public Education Committee, delivered a similar plea on the floor. The amendment to ban vouchers passed 86-52, with 11 members registered as “present not voting,” including Harris.

Abbott’s staff was pleased. It was progress. In 2021, the amendment passed 115-29, with 49 Republicans voting to ban vouchers in the test vote. This time, only 24 Republicans took that same stand.

Anti-voucher advocates had mixed emotions. They won, but the governor’s lobbying blitz and the shifting numbers suggested the amendment would not be the usual nail in the coffin.

A voucher bill never reached the House floor during the regular session, but in its final weeks there was some hope.

In early May, key negotiators were closing in on a bill that had Abbott’s blessing. Buckley, a convert who opposed vouchers in 2021, tried to call a snap committee meeting to advance legislation, but state Rep. Ernest Bailes, a Republican from Shepherd and outspoken voucher opponent, stood up and rallied the House to deny the panel permission to meet.

The procedural attack worked, and it showed perhaps for the first time that the anti-voucher GOP faction was unafraid to fight back against Abbott.

In response, Buckley devised a scaled-back bill, but Abbott threatened to veto it on the eve of a committee hearing. The problem? It limited eligibility to students with disabilities or those who attended an F-rated campus.

It was far short of the governor’s demand for a universal program, a sticking point that would only intensify in the coming months.

The summer slump

By the end of the regular session, Abbott’s voucher push was overshadowed by the House’s impeachment of Attorney General Ken Paxton. Vouchers fell to the back burner again as Abbott called a first — and then second — special session to address property tax relief.

From Abbott’s perspective, the voucher battle would resume in late fall.

Abbott continued to remind lawmakers he was serious. As he went on a bill-vetoing spree to try to force a property-tax deal out of the two chambers, he also vetoed at least a dozen bills with the reasoning that they could wait until “after education freedom is passed.”

Anti-voucher Rep. Travis Clardy, R-Nacogdoches, was among those who had a bill vetoed, but he only dug in. He told a Republican group back home that he would continue voting against vouchers, and while he was willing to listen to Abbott’s pitch, he did not take kindly to threats.

Pressure was also increasing on House Speaker Dade Phelan, himself a Republican from a rural district, who had kept his distance from Abbott’s voucher push. Going into 2023, he knew the votes probably were not there, and saw little incentive to take the lead on a proposal that fractured his GOP majority.

That is not to say he was uninterested in ending the yearlong standoff. When he had a rare meeting with Lt. Gov. Dan Patrick in the final days of the regular session, he suggested the Senate add vouchers to a public school funding bill that was still pending in the upper chamber. The Senate obliged, but the bill died in final inter-chamber negotiations.

Phelan tried something new when members were called back for the first special session, appointing a select committee to consider vouchers and other education issues. Its 15 members included some of the most firm opponents of vouchers in either party, leaving the impression that if a proposal could make it through the committee, it could pass the full House.

Asked about the prospects of vouchers in August, Phelan continued to hedge, saying it would come down to “members voting their districts.”

“There’s always hope,” he said, “but no guarantee.”

Vouchers get a vote

During a call with pastors previewing the third special session — when vouchers were set to take the center stage — Abbott shared a glimpse of optimism: "The votes seem to be lining up."

But he also offered a warning for House Republicans: They could choose “the easy way” — getting a bill to his desk — or “the hard way” — facing his wrath in the primaries.

Behind the scenes, Abbott’s office was attempting a reset with the House. Who did they need to negotiate with to get a deal? Phelan’s office pointed them to Buckley and two of the speaker’s lieutenants — Reps. Will Metcalf and Greg Bonnen — plus Rep. Ken King of Canadian.

Metcalf and Bonnen had previously signaled support for vouchers in test votes, but King stood out. About a year earlier, he vowed voucher bills would be “dead on arrival.”

Despite his past rhetoric, King was seen as open to a compromise on vouchers, in exchange for more money for schools. But he eventually voted for the Raney amendment.

Those members relayed their discussions with the governor’s office to another group of House Republicans that included additional holdouts.

Amid the negotiations, Abbott’s office held firm on a few aspects of the proposal. They wanted to cap enrollment in the program based on available funding, not number of students, and they balked at requests to add a sunset, which would have required legislative approval to renew it periodically. Either idea would just mean more high-stakes wrangling with lawmakers in the coming years.

As talks continued, Abbott kept up his statewide tour, telling parents in San Antonio that "too many" House Republicans were claiming they were not hearing from their voters about the issue.

Rep. Glenn Rogers, R-Graford, was firmly opposed throughout the year but nonetheless asked his staff to analyze constituent correspondence during the third and fourth special sessions. Eighty-eight percent were against vouchers, he said.

Abbott, meanwhile, was exuding increasing confidence that a deal was nigh. Three days into the third special session, he declared at a pro-voucher conference in Austin that the House was “on the 1-yard-line.” But when Buckley filed his legislation a week later, Abbott rejected it, saying it was inconsistent with their negotiations. Abbott called Phelan and told him as much in a blunt call.

The negotiators went back to the drawing board and came up with a proposal Abbott could support. It paired vouchers with even more money for public schools.

But there was a problem. Abbott had pledged to consider items like teacher bonuses only after the Legislature approved vouchers. School funding and raises were not included on the special session call so legislators were prohibited from considering them.

Then, as the end of the third special session was nearing, Abbott curiously declared victory, issuing a statement saying he had “reached an agreement” with Phelan on school choice for Texas families. The statement surprised Phelan, who considered the only deal to be to expand the call, according to a source familiar with his thinking. He knew it was the only way for vouchers to have even a fighting chance at that point.

The issue was left dangling as the third session ended.

By the start of the fourth special session, House leadership knew it needed to get a bill to the floor, no matter its chances. It would be a tough vote for some members, but the alternative was endless special sessions — potentially closer to the primary — and the House was already struggling to maintain quorum.

Buckley introduced a voucher bill paired with bonuses for teachers and increased per-student spending on public schools, a $7.6 billion sweetener intended to entice the holdouts. It was sent to the House select committee, which held a hearing and voted it out along party lines, including with anti-voucher Republicans voting for it.

For the first time in recent history, a voucher bill was headed to the House floor.

It was not long after the committee vote that any momentum was dampened. The anti-voucher Republicans had only voted for it in committee because they wanted to get it to the floor, and they knew there would be an amendment to remove the voucher program.

Abbott promised to veto the bill and keep calling special sessions if that happened. But after months of roller coaster negotiations and increasing political threats, the anti-voucher Republicans were ready to call his bluff.

By this point, some involved in the debate questioned whether Abbott still believed he could get a bill to his desk — or if he was just looking for a floor vote that could crystallize battle lines for the primary. The day before the bill was set to reach the floor, Abbott’s top political adviser, Dave Carney, sent out a playful tweet asking if others had noticed that the “quality of new candidates in TX [is] higher then normal?”

To carry the voucher-killing amendment, GOP holdouts settled on Raney, who had already announced he was not seeking reelection. Knowing he had to give his fellow Republicans a case they could make to primary voters, he told them he believed in his heart that “using taxpayer dollars to fund an entitlement program is not conservative.”

The amendment passed 84-63, with 21 Republicans in favor — almost the same bloc of opposition that existed earlier in the year (75 votes was the threshold for passage).

The House went into recess and dozens of members piled into the back hall to debate their next steps. Should they still pass the bill without the voucher program? Billions of dollars in public education funding were still at stake, after all. After a somewhat chaotic debate, they decided not to, realizing that sending Abbott a bill he had already threatened to veto would only inflame the situation further.

About an hour after the House adjourned that day, Abbott gathered in his office with roughly a dozen pro-voucher House Republicans, including members of House leadership. The mood was somber, and a frustrated Abbott wanted to know what the game plan was. Buckley and others in attendance promised to work around the clock to salvage the bill in the coming days.

But what was clear to most everyone in the room was that the 21 holdouts were not moving. It was time to go home and let primary voters weigh in.

Abbott’s dealbreaker

The ending was somewhat surprising to voucher supporters. Some expected the House to pass the bill with vouchers stripped out, sending it to the Senate, which would have added it back in. Then both chambers would have hashed out a final compromise which may have included some version of vouchers.

“What we had been told was that, look, ‘These guys need to show that they're fighting,’” said Rep. Steve Toth, R-The Woodlands.

But for the rural Republicans at the frontlines of the voucher battle, Abbott’s insistence on universal eligibility doomed the effort from the start.

“It was just a bridge too far,” said one House Republican close to the negotiations.

Abbott had repeatedly said in public that he wanted to give “every parent” the opportunity to find the best education for their child. Some Republicans thought it was just a bargaining position.

They were wrong. Abbott and other school choice advocates considered the concept of “parental rights” to be absolute — subject to “no imaginary boundary,” as Drogin put it in an interview.

Furthermore, they were confident they could successfully push for it in this political environment. That was crystallized during one committee hearing when Rep. Harold Dutton, D-Houston, asked Scott Jensen, a national pro-voucher lobbyist, if he could support a program whose eligibility was limited to “only poor kids.”

“We used to, in states all across the country, when that was the best we could do for kids in the state,” Jensen replied. “But now we have found there is building public support all across the country for these programs to be broad-based.”

When it came to the politics of vouchers, the holdouts also had a lot to think about. Many of them previously campaigned against vouchers — proudly so in some cases — and it was hard to consider reversing themselves.

Abbott’s campaign commissioned polling in 21 Republican districts and presented it to members, trying to emphasize how popular the policy was back home. Abbott himself constantly cited how nearly 90% of primary voters statewide approved a pro-voucher ballot proposition in 2022.

Holdouts were skeptical of the polling language and found their personal experience with constituents more convincing.

Abbott got at least one House Republican to square his past opposition with the new political landscape. Harris, the Palestine Republican, acknowledged in a statement after the Raney amendment vote that he was first elected in 2018 as “the anti-voucher candidate.” But he ultimately became moved by the stories he heard in the House Public Education Committee of parents desperate for new schooling options for their kids.

“For those who say that you cannot support both public education and school choice, we will have to agree to disagree,” Harris wrote. “I hope you will continue to vote for me, but if you don’t, that’s OK.”

Despite such conversions, voucher opponents never felt a sea change between the regular session and the final vote. But they knew Abbott was pulling out all the stops, so they remained vigilant.

Every Democrat present eventually voted for the Raney amendment, but that was not always guaranteed.

Rumors were spreading that Abbott was courting several Democrats — perhaps as a negotiating tactic to build pressure on GOP holdouts — and the House Democratic Caucus was especially watchful of at least a couple of its members. Rep. Barbara Gervin-Hawkins of San Antonio, the founder of a San Antonio charter school, had publicly urged fellow Democrats to be open to compromise if vouchers were inevitable.

The Democratic caucus chair, Rep. Trey Martinez Fischer of San Antonio, had tapped two colleagues from Austin, Reps. Gina Hinojosa — his former rival for caucus chair — and James Talarico, to help lead their voucher opposition.

The caucus went all-out to consistently message against vouchers, but when it came time for the Raney amendment, they laid low. In a memo the day before the vote, caucus leaders asked members to “allow our Republican colleagues to conduct this debate amongst themselves.”

The rural Republicans were staring down a tough vote, the caucus reasoned, and the best path to defeating vouchers was avoiding the appearance of a Democratic-led fight.

Primary season

While Abbott has held open the possibility he could call a fifth special session to push through vouchers, he has more recently turned his attention to replacing the holdouts. As of Thursday, he had endorsed six primary challengers to House Republicans who voted for the voucher-killing amendment.

Abbott has zeroed in on the voucher issue so much that he is backing primary challengers who have politically opposed him in the past. For example, he has backed Rogers’ opponent, Mike Olcott, who donated nearly $30,000 to multiple Abbott primary challengers in 2022.

“I’ve supported the governor on every single legislative priority … except this one,” Rogers said. “He’s always supported me until this came along, and all of a sudden he’s supporting somebody who is an enemy. It doesn’t make any sense.”

Abbott faces several political headwinds. House Republicans are mindful that the last time he significantly meddled in their primaries in 2018, only one out of the three Abbott-backed challengers prevailed. And this time, he has to contend with sometimes dueling endorsements from Paxton, who cares much more about unseating the Republicans who voted to impeach him.

“I am just gonna say it,” Michelle Smith, Paxton’s longtime political aide, posted recently on social media. “I support school choice, but in this primary season, the only issue for me, is did you vote to illegally impeach [Paxton]?”

Republicans involved in the primaries acknowledge that vouchers may poll well but say the support lacks intensity. A poll released Tuesday by the University of Texas at Austin found Republicans overwhelmingly supported voucher programs but ranked “border security” or “immigration” as the top issues facing Texas by a wide margin.

But Abbott and his allies believe they are in a new political moment — and holdouts are whistling past the graveyard. They have looked to Iowa Gov. Kim Reynolds, who helped unseat several anti-voucher Republicans last year to make way for the state’s new voucher program.

As for Raney, Abbott will not get a chance to unseat the retiring lawmaker. But he has already endorsed the GOP frontrunner to replace Raney, Paul Dyson, saying he is confident Dyson will “expand school choice for all Texas families once and for all.”

Disclosure: Raise Your Hand Texas, Texas Public Policy Foundation and University of Texas at Austin have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune. The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Ken Paxton and aides ordered to answer questions under oath in whistleblower case

By Patrick Svitek 

The Texas Tribune

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A Travis County district judge has ordered Attorney General Ken Paxton and three top aides to sit for depositions in the 3-year-old whistleblower lawsuit against him.

At a hearing Wednesday in Austin, Judge Jan Soifer granted the whistleblowers’ motion to compel the depositions of Paxton; Brent Webster, the first assistant attorney general; Lesley French Henneke, chief of staff at the agency; and Michelle Smith, Paxton’s longtime political aide.

Paxton himself was coincidentally served earlier in the day at a restaurant in Austin, according to a whistleblower lawyer, Tom Nesbitt.

“In this case, I believe the plaintiffs have shown good cause that these four people have unique and superior knowledge of discoverable information,” Soifer said from the bench, adding that the four people were “not just figureheads” but people who knew about issues “at the heart” of the case.

The whistleblowers asked the court last month to force Paxton and his aides to sit for depositions. They said their filing was a last resort after they could not reach an agreement with lawyers for the Office of the Attorney General.

It remains to be seen if Paxton’s side will further fight the depositions. His office’s attorney, Bill Helfand, declined to comment to reporters as he left the courthouse.

“They lost badly,” Nesbitt told reporters after the hearing. “I don’t put anything past Ken Paxton. There’s no limit to the amount of taxpayer money he will spend to hide from accountability, so I’m sure they’ll try some kind of appeal.”

The whistleblowers are four former top deputies — Blake Brickman, Ryan Vassar, David Maxwell and Mark Penley — who sued Paxton in 2020, arguing he improperly fired them after they reported him to the FBI. They alleged he was abusing his office to help a wealthy friend and donor, Nate Paul.

They came close to settling with Paxton for $3.3 million in February, but the Texas House balked at using taxpayer dollars for the figure and decided to investigate the underlying claims. That triggered Paxton’s impeachment by the House in May. The Senate acquitted him after a trial in September.

The whistleblowers sought to restart their lawsuit after the impeachment verdict, and the Texas Supreme Court cleared the way for them to do so. But Paxton’s office quickly fought the revived lawsuit in Travis County, suing the whistleblowers in neighboring Burnet County to block it.

Paxton’s lawyers lost in Burnet County and have since abandoned that lawsuit.

Soifer ruled against Paxton’s side earlier in the hearing, rejecting their motion to enforce the tentative settlement agreement. It had been their latest effort to effectively shut down the case in Travis County by arguing it was already settled.

They have made that argument despite the Legislature still not approving the $3.3 million, one of the provisions of the agreement.

“It says [it] in plain English,” Soifer said.

When it came to the depositions, Nesbitt argued Paxton’s testimony was especially relevant. His office has publicly said Paxton is the “decision-maker” for the hiring and firing of employees.

“Ken Paxton made these decisions,” Nesbitt said, telling Soifer that it is virtually unheard of for someone to argue in an employment case that the “decision-maker … somehow doesn’t have special knowledge, doesn’t have unique knowledge.”

Helfand argued the four people were protected by the apex doctrine, a legal doctrine that seeks to protect high-level executives from overzealous litigants. Helfand told Soifer she should order the whistleblowers to seek depositions from other people first, and if those do not yield the information they want, they could then address the question of deposing Paxton and the three aides.

Helfand appeared to anticipate an unfavorable ruling and proactively asked Soifer that if she were to order the depositions, they should be “severely limited” in time and scope. He also said he would want to depose the plaintiffs first because they carry the burden of proof in the case.

Soifer appeared to reject both requests in her ruling, saying she would allow the depositions by the whistleblowers first and was “not inclined to put any limitations on these depositions.”

The timing of the depositions remains to be seen. After the ruling, Helfand asked the judge if the depositions could wait until after the third week of January, citing personal scheduling conflicts. Nesbitt said their side was OK with that.

As for Paxton's deposition, Nesbitt said it was a coincidence that he was served on the same day of the hearing.

"We’ve been trying to find him for a long time," Nesbitt said. I mean, the dude hides. ... And so we finally found him. We got a tip that he was going to be at a restaurant at a particular time."

Nesbitt did not name the restaurant where Paxton was served. He said Paxton was having "some kind of little holiday lunch" when it happened.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Ken Paxton and aides ordered to answer questions under oath in whistleblower case

By Patrick Svitek 

The Texas Tribune

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

A Travis County district judge has ordered Attorney General Ken Paxton and three top aides to sit for depositions in the 3-year-old whistleblower lawsuit against him.

At a hearing Wednesday in Austin, Judge Jan Soifer granted the whistleblowers’ motion to compel the depositions of Paxton; Brent Webster, the first assistant attorney general; Lesley French Henneke, chief of staff at the agency; and Michelle Smith, Paxton’s longtime political aide.

Paxton himself was coincidentally served earlier in the day at a restaurant in Austin, according to a whistleblower lawyer, Tom Nesbitt.

“In this case, I believe the plaintiffs have shown good cause that these four people have unique and superior knowledge of discoverable information,” Soifer said from the bench, adding that the four people were “not just figureheads” but people who knew about issues “at the heart” of the case.

The whistleblowers asked the court last month to force Paxton and his aides to sit for depositions. They said their filing was a last resort after they could not reach an agreement with lawyers for the Office of the Attorney General.

It remains to be seen if Paxton’s side will further fight the depositions. His office’s attorney, Bill Helfand, declined to comment to reporters as he left the courthouse.

“They lost badly,” Nesbitt told reporters after the hearing. “I don’t put anything past Ken Paxton. There’s no limit to the amount of taxpayer money he will spend to hide from accountability, so I’m sure they’ll try some kind of appeal.”

The whistleblowers are four former top deputies — Blake Brickman, Ryan Vassar, David Maxwell and Mark Penley — who sued Paxton in 2020, arguing he improperly fired them after they reported him to the FBI. They alleged he was abusing his office to help a wealthy friend and donor, Nate Paul.

They came close to settling with Paxton for $3.3 million in February, but the Texas House balked at using taxpayer dollars for the figure and decided to investigate the underlying claims. That triggered Paxton’s impeachment by the House in May. The Senate acquitted him after a trial in September.

The whistleblowers sought to restart their lawsuit after the impeachment verdict, and the Texas Supreme Court cleared the way for them to do so. But Paxton’s office quickly fought the revived lawsuit in Travis County, suing the whistleblowers in neighboring Burnet County to block it.

Paxton’s lawyers lost in Burnet County and have since abandoned that lawsuit.

Soifer ruled against Paxton’s side earlier in the hearing, rejecting their motion to enforce the tentative settlement agreement. It had been their latest effort to effectively shut down the case in Travis County by arguing it was already settled.

They have made that argument despite the Legislature still not approving the $3.3 million, one of the provisions of the agreement.

“It says [it] in plain English,” Soifer said.

When it came to the depositions, Nesbitt argued Paxton’s testimony was especially relevant. His office has publicly said Paxton is the “decision-maker” for the hiring and firing of employees.

“Ken Paxton made these decisions,” Nesbitt said, telling Soifer that it is virtually unheard of for someone to argue in an employment case that the “decision-maker … somehow doesn’t have special knowledge, doesn’t have unique knowledge.”

Helfand argued the four people were protected by the apex doctrine, a legal doctrine that seeks to protect high-level executives from overzealous litigants. Helfand told Soifer she should order the whistleblowers to seek depositions from other people first, and if those do not yield the information they want, they could then address the question of deposing Paxton and the three aides.

Helfand appeared to anticipate an unfavorable ruling and proactively asked Soifer that if she were to order the depositions, they should be “severely limited” in time and scope. He also said he would want to depose the plaintiffs first because they carry the burden of proof in the case.

Soifer appeared to reject both requests in her ruling, saying she would allow the depositions by the whistleblowers first and was “not inclined to put any limitations on these depositions.”

The timing of the depositions remains to be seen. After the ruling, Helfand asked the judge if the depositions could wait until after the third week of January, citing personal scheduling conflicts. Nesbitt said their side was OK with that.

As for Paxton's deposition, Nesbitt said it was a coincidence that he was served on the same day of the hearing.

"We’ve been trying to find him for a long time," Nesbitt said. I mean, the dude hides. ... And so we finally found him. We got a tip that he was going to be at a restaurant at a particular time."

Nesbitt did not name the restaurant where Paxton was served. He said Paxton was having "some kind of little holiday lunch" when it happened.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Texas Democrats are challenging all three Republicans on Supreme Court who denied emergency abortion

Filing closed Dec. 11 for Texas' March 5 primary, though there's a quick: Candidates file with their respective political parties, which had an additional five days to send final lists to the secretary of state. That means we can now take a comprehensive look at who is running in the major contests.

Texas may be the second-largest state in the union, but as far as House races are concerned, most of the action will be confined to the primaries (and, in contests where no candidate takes a majority, May 28 runoffs). That's because Republicans enacted a very precise defensive gerrymander following the most recent census, opting to make competitive GOP-held districts safely red rather than aim for further gains by targeting Democratic seats.

You'll also want to bookmark our calendar of every filing deadline, primary, and runoff for the 2024 elections. One person we're very sure does not use our calendar is Donald Trump, who on Monday night called for someone to challenge GOP Rep. Chip Roy for renomination in the 21st District. "If interested, let me know!!!" Trump wrote a week after it was too late for anyone to take him up on his offer. Roy, who appears to have pissed off his party's supreme leader by campaigning with Florida Gov. Ron DeSantis, is unopposed in March.

TX Supreme Court: Partisan control of Texas' all-Republican, nine-member Supreme Court isn't at stake, but progressives are hoping that the trio of justices up in 2024 will pay a price for their unanimous ruling rejecting Kate Cox's petition for an emergency abortion. Cox, who said her fetus suffered from fatal abnormalities and posed a risk to her own health, left the state to undergo the procedure in a case that continues to attract national attention.

Each of the three Republicans faces at least one Democratic foe in their respective statewide race. Justice John Devine is being challenged by Harris County District Judge Christine Weems, who narrowly won reelection last year in Texas' largest county. Two pairs of Democrats, meanwhile, are competing to take on each of the other incumbents.

Going up against Justice Jimmy Blacklock are Harris County District Judge DaSean Jones, who last year survived an extremely tight reelection contest, and attorney Randy Sarosdy. And in the race to unseat Justice Jane Bland are Court of Appeals Judge Bonnie Lee Goldstein, who prevailed in a close 2020 race in the Dallas area, and Judge Joe Pool, who has run for the Supreme Court in the past as a Republican but won a local judgeship last year in Hays County as a Democrat.

TX-Sen: Ten Democrats have filed to take on Republican Sen. Ted Cruz, though Rep. Colin Allred ended September with a huge financial advantage over the entire primary field. However, a new survey from YouGov on behalf of the University of Texas and Texas Politics Project finds that many primary voters have yet to make up their minds with about two-and-a-half months to go.

Allred leads state Sen. Roland Gutierrez 28-7, who is the only other Democrat who had at least a six-figure war chest at the end of the third quarter. Two other notable options, state Rep. Carl Sherman and former Nueces County District Attorney Mark Gonzalez, were at just 2% each. A 38% plurality volunteered they "haven't thought about it enough to have an opinion," while another 10% answered "don't know." Spending has yet to begin in earnest, however, so this state of affairs should soon change.

TX-03: Freshman Rep. Keith Self faces a GOP primary rematch against businesswoman Suzanne Harp, whom he outpaced in a truly strange 2022 contest. Harp, though, finished September with less than $5,000 in the bank, so she's unlikely to be much of a threat. Three other Republicans are also running for this Plano-based seat that Donald Trump took 56-42.

TX-04: GOP Rep. Pat Fallon is running for reelection after waging a bizarre one-day campaign to return to the state Senate, but he seems to be in for a soft landing. Fallon faces just one little-known primary foe in a safely red seat based in the northeastern Dallas exurbs.

TX-07: Democratic Rep. Lizzie Fletcher's only intraparty foe in this safely blue seat is Pervez Agwan, a renewable energy developer whose challenge from the left has been overshadowed in recent weeks by sexual harassment allegations.

The Houston Landing reported this month that one of Agwan's former staffers is suing him for allegedly trying to kiss her; the candidate responded by insinuating that the hawkish pro-Israel group AIPAC was involved in the lawsuit, but he did not produce any evidence to back it up his claim. The New Republic later reported that 11 staffers resigned in October from Agwan's campaign, which it described as an environment "where multiple women faced frequent sexual harassment from senior staff."

TX-12: Longtime Rep. Kay Granger is retiring from this conservative seat in western Fort Worth and its western suburbs, and five fellow Republicans are competing to succeed her. The early frontrunner is state House Republican Caucus Chair Craig Goldman, who has the support of Gov. Greg Abbott.

Another name to watch is businessman John O'Shea, who began running well before Granger announced her departure in November. However, while O'Shea has the support of Attorney General Ken Paxton, whom Goldman voted to impeach earlier this year, he ended the third quarter with a mere $20,000 in the bank.

Also in the running is businesswoman Shellie Gardner, the self-proclaimed "Queen of Christmas Lights." (Gardner says her business has spent nearly two decades "supplying Christmas lights across the country, including the United States Capitol Christmas Tree.") Two other lesser-known Republicans round out the field.

TX-15: Freshman GOP Rep. Monica De La Cruz faces a rematch against businesswoman Michelle Vallejo, whom she beat 53-45 last year after major Democratic groups spent almost nothing on the race. Donald Trump won this seat in the Rio Grande Valley 51-48 in 2020. The incumbent ended September with a huge $1.4 million to $184,000 cash on hand lead.

Vallejo herself drew a familiar intra-party opponent on the final day of filing from attorney John Villarreal Rigney. Vallejo edged out Rigney 20-19 for second place in the 2022 primary, while Army veteran Ruben Ramirez took first with 28%, though Vallejo went on to narrowly beat Ramirez in the runoff.

TX-18: Rep. Sheila Jackson Lee announced she would seek a 16th term just two days after she was blown out by state Sen. John Whitmire, a fellow Democrat, in Houston's mayoral race, but she faces a challenging renomination fight in this safely blue seat.

Former Houston City Councilwoman Amanda Edwards, who once was a Jackson Lee intern, began campaigning after the congresswoman kicked off her bid for mayor and pledged to stay in the race even if the incumbent ultimately were to run for reelection—a promise she's kept. Edwards finished September with a hefty $829,000 banked, around four times as much as Jackson Lee reported. A third candidate named Rob Slater is also in, and his presence could prevent either Jackson Lee or Edwards from claiming a majority.

TX-23: GOP Rep. Tony Gonzales faces four primary foes in a sprawling West Texas seat that went 53-46 for Trump, one of whom has attracted some attention. Two Democrats are also running, though neither has earned much notice.

Gunmaker Brandon Herrera, who has over 3 million subscribers on his "The AK Guy" YouTube channel, finished September with $240,000 in the bank, which was far more than any of Gonzales' other intra-party challengers. Those hopefuls include former ICE official Victor Avila, Medina County GOP Chair Julie Clark, and Frank Lopez, who claimed 5% as an independent in last year's general election.

Gonzales infuriated hardliners by confirming Joe Biden's victory in the hours after the Jan. 6 attack and later supporting gun safety legislation after the Robb Elementary School shooting in Uvalde, which took place in his district. The state GOP responded to his apostasies in March by censuring him, a move that bars him from receiving party help until after any runoffs take place. Gonzales may not care, though, since he ended the third quarter with $1.7 million to spend.

TX-26: Rep. Michael Burgess announced his retirement shortly before Thanksgiving, and 11 fellow Republicans want to replace him in a safely red seat located in the northern Fort Worth suburbs and exurbs.

Donald Trump is supporting far-right media figure Brandon Gill, who is the son-in-law of MAGA toady Dinesh D'Souza. Gill also recently earned the backing of the like-minded House Freedom Caucus, which is capable of spending serious money in primaries.

Southlake Mayor John Huffman, meanwhile, picked up the support of 24th District Rep. Beth Van Duyne, who serves a neighboring seat. And in a blast from the past, former Denton County Judge Scott Armey is also in the running, more than two decades after losing a nasty 2002 runoff to Burgess. (Armey is the son of former Majority Leader Dick Armey, who was Burgess' immediate predecessor.)

Also in the running is Luisa Del Rosal, who previously served as chief of staff to 23rd District Rep. Tony Gonzales. The fourth quarter fundraising numbers, which are due at the end of January, will provide clues as to whether any of the other seven Republicans are capable of waging a serious effort.

TX-28: Rep. Henry Cuellar, who is one of the most conservative Democrats in the House, does not face any intraparty opposition this year, following narrow back-to-back wins against progressive Jessica Cisneros. Joe Biden carried this seat, which includes Laredo and the eastern San Antonio suburbs, 53-46.

Cuellar turned back a well-funded general election rival by a comfortable 57-43 margin in 2022, so it remains to be seen if any of his four Republican foes are capable of giving him a scare this time. The candidate who has attracted the most attention so far is Jose Sanz, who is a former Cuellar staffer. Not all the attention has been welcome, though, as the Texas Tribune reported in October that the Republican was arrested for throwing a chair at his sister in 2021; the case was eventually dismissed after Sanz performed community service and attended batterer intervention classes.

TX-32: Ten Democrats are competing to succeed Senate candidate Colin Allred in a diverse northern Dallas constituency that Republicans made safely blue in order to protect GOP incumbents elsewhere in the area.

The two early frontrunners appear to be state Rep. Julie Johnson, whose 2018 victory made her the first Texas legislator with a same-sex spouse, and Brian Williams, the trauma surgeon who attracted national attention in 2016 after he treated Dallas police officers wounded by a sniper. Williams finished September with a $525,000 to $404,000 cash lead over Johnson; the only other Democrat with a six-figure campaign account was Raja Chaudhry, a charter bus company owner who self-funded his entire $266,000 war chest.

Also in the running are Alex Cornwallis, who was the party's 2022 nominee for a seat on the state Board of Education; former Dallas City Council member Kevin Felder; and civil rights attorney Justin Moore.

TX-34: Democratic Rep. Vicente Gonzalez is in for a rematch against former GOP Rep. Mayra Flores, whom he convincingly beat 53-44 in an unusual incumbent vs. incumbent contest last year. Gonzalez finished September with a $944,000 to $230,000 advantage in cash on hand.

Three other Republicans are also running, including wealthy perennial candidate Mauro Garza, but none of them appear to pose much of a threat to Flores. Joe Biden won this seat in the eastern Rio Grande Valley 57-42.

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ICYMI: Judge says woman can get abortion, Texas AG loses his mind

Texas Attorney General Ken Paxton is out of control

Only hours after a judge ruled to allow a Texas woman facing a nonviable, life-threatening pregnancy to seek an abortion, Texas Attorney General Ken Paxton threatened hospitals and doctors with both civil and criminal penalties if they comply with the judge’s ruling.

When possible, Republicans have enacted some of the most extreme abortion bans, and Texas has among the worst. But cases like this one, which expose the GOP’s cruel and heartless attitudes toward women, have further galvanized national opposition to the bans. They’re also giving Democrats ammunition heaving into an election cycle with a generally favorable environment.

In fact, Paxton’s unhinged response is beyond absurd, and must be read to be believed.

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  2. The Ziegler story gets more icky, but what it reveals about Republicans is just as bad

  3. Donald Trump is so thrown by his own shaky performance that he thinks it’s AI

  4. The Newsom-DeSantis debate did not go well. For Ron DeSantis

  5. George Santos was just expelled. Here's what happens to his seat

  6. Taylor Swift is Time's person of the year and the far right is big mad about it

  7. Justice Samuel Alito isolated in tax case he refused to recuse from

  8. White House has things to say as Speaker Johnson reverses course on impeachment inquiry

  9. The moment of reckoning: When DeSantis realizes Newsom just cleaned his clock

  10.  A House Republican tells the truth about the push to impeach Biden

Comic:

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Ken Paxton issues threats to hospitals after abortion ruling

Only hours after a judge issued a ruling allowing a Texas woman facing a nonviable, life-threatening pregnancy to seek an abortion, Texas Attorney General Ken Paxton stepped in to threaten hospitals and doctors with both civil and criminal penalties if they comply with the judge’s ruling.

Kate Cox is a 31-year-old mother of two who was initially excited to discover she was pregnant with her third child. Several weeks into her pregnancy, Cox’s doctors informed her that the fetus had full trisomy 18, a chromosomal condition linked to abnormalities in many parts of the body. Not only does this create a high risk of either stillbirth or miscarriage, but continuing the pregnancy places Cox at high risk of a uterine rupture. This is a serious threat to her health and would imperil her ability to carry another child in the future.

Under Texas’ draconian abortion ban, even someone facing such extreme circumstances as Cox has few options. However, she went to court to seek relief, and as The Texas Tribune reports, Travis County District Judge Maya Guerra Gamble handed down a temporary restraining order that would allow Cox to obtain an abortion. However, Paxton wrote to three Houston-area hospitals within hours, threatening any facility or doctor who provides Cox with medical relief.

Under the current Texas abortion ban, abortions are permissible after six weeks of gestation only if the life of the mother is threatened. In Cox’s case, there is a possibility she could die as a result of continuing the pregnancy. However, the greater threat is to her long-term health.

Even if there are no further complications, the child will either be stillborn or suffer extensive abnormalities leading to rapid death. There is also a high likelihood of a miscarriage. Because Cox's previous two children were delivered via cesarean, a miscarriage at this point in her pregnancy creates a threat of uterine rupture, which would harm her future fertility.

In her ruling, Gamble wrote, “The Court finds that Ms. Cox’s life, health, and fertility are currently at serious risk. The longer Ms. Cox stays pregnant, the greater the risks to her life.”

In Paxton’s letter to three Houston-area hospitals, he calls Gamble an “activist” judge and claims she is unqualified to determine whether Cox faces a life-threatening situation. Paxton tells the hospitals that the temporary restraining order issued by Gamble “will not insulate you, or anyone else, from civil and criminal liability for violating Texas’ abortion laws, including first degree felony prosecutions.”

Additional threats are aimed specifically at Dr. Damla Karsan, who has been identified as the doctor offering to perform the abortion procedure. “We remind you that the [temporary restraining order] will expire long before the statute of limitations for violating Texas’ abortion laws expires,” Paxton writes.

In September, despite clear evidence of his guilt, Paxon was acquitted in an impeachment trial before the Texas Senate. He still faces a federal investigation into the corruption charges at the heart of that impeachment.

According to the Texas Tribune, Cox burst into tears as Judge Gamble handed down her decision on Thursday. Cox issued a statement, saying, “It is not a matter of if I will have to say goodbye to my baby, but when. I’m trying to do what is best for my baby and myself, but the state of Texas is making us both suffer.”

Paxton is doing everything in his power to make sure that suffering continues.

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Whistleblowers ask judge to order Ken Paxton, aides to sit for depositions

By Patrick Svitek 

The Texas Tribune

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

Lawyers for the Ken Paxton whistleblowers are moving forward with their lawsuit in Travis County after another judge cleared the way, asking the Austin-based court to force the attorney general and his top aides to sit for depositions.

The whistleblower lawyers filed a motion Tuesday to compel the depositions, calling it a last resort after they could not reach an agreement with lawyers for the Office of the Attorney General.

“OAG’s effort to resist these straightforward depositions is nothing more than a continuation of OAG’s cynical effort to deny Plaintiffs their right to access to the justice system,” the whistleblower lawyers wrote.

The whistleblower lawyers specifically want to take depositions from Paxton; Brent Webster, the first assistant attorney general; Lesley French Henneke, chief of staff at the agency; and Michelle Smith, Paxton’s longtime political aide. The lawyers proposed a schedule where Paxton is deposed Dec. 12, Webster on Dec. 14, Henneke on Dec. 18 and Smith on Dec. 20.

A lawyer for Paxton’s office did not immediately respond to a request for comment.

The whistleblower lawyers filed the motion a week after a district court judge in Burnet County gave the green light for the Travis County lawsuit to continue. Lawyers for Paxton’s office had sued the whistleblowers in nearby Burnet County to try to stop their lawsuit in Travis County, arguing they were breaking the terms of a tentative settlement agreement they struck in February. While the Burnet County judge, Evan Stubbs, first agreed to temporarily halt the Travis County case, he sided with the whistleblowers at the Nov. 14 hearing and allowed the case to proceed again.

The whistleblowers — Blake Brickman, Ryan Vassar, David Maxwell and Mark Penley — sued Paxton in 2020, arguing he improperly fired them after they reported him to the FBI. They alleged he was abusing his office to help a wealthy friend and donor, Nate Paul.

The whistleblowers almost settled with Paxton for $3.3 million in February, but the Texas House balked at using taxpayer dollars for it and decided to investigate the underlying claims. That led to Paxton’s impeachment in the House in May.

The Travis County lawsuit came back to life in September after the Texas Senate acquitted Paxton in his impeachment trial, which centered on similar claims of corruption by former top deputies in his office. After the acquittal, the whistleblowers asked the Texas Supreme Court to reinstate the case and it did, sending it back to Travis County for trial.

Shortly after the whistleblowers sought to restart work on the case in Travis County — giving notice they planned to take depositions of Paxton and the three aides — Paxton’s office filed suit in Burnet County.

In their latest filing, the whistleblowers’ lawyers say the Burnet County lawsuit was just the latest delay tactic by Paxton’s side in the 3-year-old case. The lawyers asked the Travis County court to compel the depositions so that the whistleblowers “may at long last pursue justice.”

If the whistleblowers’ motion is granted, it would be the first time Paxton would be required to answer questions under oath related to the allegations of bribery and corruption made against him. Paxton did not take the stand in his Senate trial in September.

While the Burnet County judge, Stubbs, allowed the Travis County case to restart last week, the more recent lawsuit in his court remains pending. Stubbs set a Dec. 14 hearing on a motion by the whistleblowers to change the venue to Travis County.

With the Travis County case revived, the whistleblowers have also asked for the court to assign it to a single judge. Their lawyers made the request in a filing last week, citing the “unusual characteristics” and “high-profile facts” involved.

Paxton's side has not made any recent filings in the Travis County case other than to submit a copy of the tentative settlement agreement. Lawyers for Paxton's office have been arguing that the case is already effectively resolved and that any further litigation goes against that.

The whistleblower lawyers made clear to the Travis County court in a second filing Tuesday that they strongly disagree. They noted the settlement depends on a number of things that still have not happened, including legislative approval of the $3.3 million.

"This case is not settled," the filing said, "and as the third anniversary of its filing has recently passed, the time has come to prepare the case for trial."

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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TX appeals court weighing whether state bar can discipline Ken Paxton for challenging 2020 election

Texas appeals court weighing whether state bar can discipline Ken Paxton for challenging 2020 presidential election

By Joshua Fechter

The Texas Tribune

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

Whether the Texas State Bar can take away Attorney General Ken Paxton's law license could hinge on whether appellate justices believe the organization is trying to control what lawsuits he files on the state's behalf — or whether the group has the jurisdiction to punish him for pushing false theories in a lawsuit over the 2020 presidential election.

Lawyers for Paxton argued before a three-justice panel of the Texas Fifth Court of Appeals on Wednesday that the bar overstepped its bounds when it sued the attorney general last year for professional misconduct. A disciplinary committee for the State Bar of Texas, the organization that regulates law licenses in this state, alleged the attorney general made “dishonest” representations in a widely condemned lawsuit — quickly rejected by the U.S. Supreme Court — that tried to throw out election results from former President Donald Trump’s 2020 loss in four battleground states.

Paxton’s lawyers argue that, by suing him, the bar is “attempting to control the Attorney General's decision going forward about what types of lawsuits to file, and what kinds of legal theories to pursue,” Lanora C. Pettit, principal deputy solicitor general, told justices Wednesday.

That argument drew skepticism from Justice Erin Nowell.

“That’s a big leap,” Nowell said.

Paxton’s unsuccessful attempt to intervene in four other states’ elections leaned heavily on discredited claims of election fraud in those swing states.

The Texas bar has argued its conduct rules for lawyers apply to Paxton, too.

“The underlying attorney discipline case here is about ethics,” Michael Graham, an attorney representing the state bar, told justices. “The substantive questions at the heart of that attorney discipline case, like any other, have nothing to do with politics or anything else. They have everything to do with whether an attorney is engaged in professional misconduct and, if so, what's the appropriate disciplinary sanction for that misconduct?”

A Collin County judge hasn’t ruled on the merits of the case but sided with the bar earlier this year when he ruled the group has the ability to sue — a decision Paxton quickly appealed. The appeals court is weighing whether to reverse the lower court's ruling, but did not rule Wednesday.

The bar’s actions raise questions about whether any elected official who is also a lawyer could have their law license threatened if a member of the public doesn’t agree with them, Justice Emily Miskel said — with which Graham disagreed.

“General Paxton, for instance, has been Attorney General for almost a decade now, and to my knowledge, there's not a raft of complaints or attorney disciplinary actions against him for filing suits,” Graham said.

But there might be if the bar is successful, Miskel said.

“If it's effective, then everybody should (file a grievance against) any elected official who happens to be a lawyer because it's a great way to get a second bite at the apple of a policy decision you don't like,” Miskel said.

That may be the case, Graham said, but such a complaint would still have to pass muster with the bar.

If the bar prevails, Paxton could face punishment anywhere from a reprimand to full disbarment and the loss of his law license.

The bar’s attempt to discipline Paxton is among several legal battles he’s waging. The Texas Senate acquitted Paxton in September on 16 articles of impeachment alleging bribery and corruption. But Paxton is expected to go to trial in April on state securities fraud charges eight years after he was first indicted on those charges.

He also faces a federal investigation into claims by former top staffers that he abused his office to help Austin real estate magnate Nate Paul, a friend and donor — claims that formed the basis of impeachment allegations against the attorney general. And on Tuesday, a Burnet County judge said those former employees’ lawsuit against the attorney general could proceed.

Disclosure: The State Bar of Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Kay Granger, powerful House Republican once courted by Democrats, will not seek reelection

Republican Rep. Kay Granger, who chairs the influential House Appropriations Committee, confirmed Wednesday that she would not seek a 15th term in Congress, following reporting late Tuesday night from the Fort Worth Report that she would retire.

Texas' 12th Congressional District, which is based in the Fort Worth area, favored Donald Trump 58-40 in 2020, so whoever wins the GOP nod should have little trouble in the fall. The primary is set for March 5, though a May 28 runoff would take place if no one wins a majority of the vote in the first round.

Granger's announcement came only a little more than a month before the Dec. 11 filing deadline, though one person was already running against the congresswoman. Businessman John O’Shea attracted little attention when he launched his campaign in April, however, and he finished September with a mere $20,000 in the bank. O’Shea, though, has the backing of Attorney General Ken Paxton, a far-right favorite who has survived numerous scandals and a high-profile impeachment.

State House Majority Leader Craig Goldman, meanwhile, has been talked about as a possible Granger successor for a while, and the Texas Tribune notes that an unknown party reserved several domain names relevant to Goldman in the days before Granger announced her departure. Goldman responded to the Star-Telegram's inquiries about his interest by saying only that Wednesday was a day to celebrate the congresswoman's accomplishments.

The Tribune adds that wealthy businessman Chris Putnam, who lost to Granger 58-42 in the 2020 primary, is considering. Fellow state Reps. Brian Byrd and Nate Schatzline, meanwhile, say they are focused on their current jobs, but they don't appear to have outright said no. Tarrant County Commissioner Manny Ramirez gave a similar response to the paper, though he explicitly said he wasn't ruling out a bid. However, Tarrant County Judge Tim O’Hare, who is the county's top executive official, and Fort Worth Mayor Mattie Parker were both quick noes.

Granger, who founded an insurance agency, got her start in public life in the early 1980s when she joined the Fort Worth Zoning Commission. She first assumed elected office in 1989 when she won a seat on the City Council, a body whose nonpartisan nature kept her from having to publicly identify with a party. (Texas Democrats were still a force at the time, though not for much longer.)

That state of affairs continued two years later when she won a promotion to mayor, a similarly nonpartisan post. Longtime political observer Bud Kennedy would recount to the Daily Beast in 2013, "She was carefully centrist in the way she led the city."

That led both Democrats and Republicans to see Granger as a prize recruit in 1996, when Democratic Rep. Charlie Geren, a conservative who had been elected to succeed none other than former Democratic Speaker Jim Wright, decided to retire from a previous version of the 12th. Granger settled on the GOP, though, and she beat her nearest opponent 69-20 in her first-ever Republican primary.

In a sign of just how different things were three decades ago, Granger campaigned as a supporter of abortion rights. She had little trouble in the general election against Democrat Hugh Parmer, a former Fort Worth mayor who had badly lost a 1990 race to unseat Republican Sen. Phil Graham. Granger beat Parmer 58-41 even as, according to analyst Kiernan Park-Egan, Bill Clinton narrowly beat Republican Bob Dole by 46.3-45.5 in the 12th. (Independent Ross Perot, who hailed from neighboring Dallas, took 8%.)

Granger's win made her the second Republican woman to represent Texas in Congress after Sen. Kay Bailey Hutchison and the first to serve in the House; there would not be another until Beth Van Duyne won the neighboring 24th District in 2020. Granger, who is tied with Maine Sen. Susan Collins as the longest-serving Republican woman in congressional history, owed her longevity in part to the fact that she only faced one serious reelection challenge during her long career.

That expensive primary battle took place in 2020, when Putnam tried to portray Granger as insufficiently pro-Trump even though she had Trump's endorsement. Putnam, who had the Club for Growth on his side, also tried to tie the incumbent to long-running problems at an expensive local development project called Panther Island that used to be led by the congresswoman's son.

But Granger and her backers at the Congressional Leadership Fund fought back by reminding voters that she was Trump's candidate, and she defeated her opponent by 16 points ahead of another easy general election. While Putnam initially announced he'd seek a rematch the following cycle, his decision not to file left her Granger on a glide path to yet another term.

Granger became chair of the Appropriations Committee after her party retook the House in 2022. From that powerful perch, she was one of the most prominent Republicans to vote against making Jim Jordan speaker. She described that stance as "a vote of conscience," adding, "Intimidation and threats will not change my position." But the chairwoman, like the rest of her caucus, embraced far-right Rep. Mike Johnson a short time later, saying she'd work with him "to advance our conservative agenda."

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