Judge rules Texas attorney general does not have to appear at hearing on abortion lawsuit

[BumRushDaShow]

Source: CNN Politics

CNN — A Texas judge ruled Tuesday that state Attorney General Ken Paxton does not have to appear at a hearing related to abortion access lawsuit after an affidavit alleged that he ran away twice from a person who was serving him a subpoena related to the lawsuit. The subpoena was part of a lawsuit filed in August by several abortion funds, as well as by an individual abortion provider, seeking to block Texas officials from bringing cases under Texas’ abortion bans for conduct that happened out of state or before Roe v. Wade was overturned.

The affidavit says two subpoenas were issued for Paxton, one under his professional title as attorney general and another addressed to him individually. Paxton’s office filed a motion to quash the subpoenas saying they were not proper and had not been effectively served. Paxton refused to engage a person trying to serve him at his home Monday morning, according to the motion. On Tuesday, a Texas judge granted Paxton’s request to quash and seal the subpoena to appear at the hearing.

“Top executive officials should not be called to testify absent extraordinary circumstances,” according to the motion, obtained by CNN, and claim the “entire reason” he is named as a defendant is because he is a high-ranking government official. The motion also notes that as an individual, Paxton has no information relevant to the plaintiff’s claims.

On Monday morning, Ernesto Martin Herrera served the subpoenas to Paxton at his home, the affidavit says. Herrera knocked on the front door and a woman opened it, where he shared that he was there to give Paxton important legal documents, the affidavit continues. She said that Paxton was on the phone and that he was in a hurry to leave, so Herrera left his card and went to sit in his car to wait.

Almost an hour later, a car drove into the home’s garage and Paxton exited the vehicle, the affidavit says. “I walked up the driveway approaching Mr. Paxton and called him by his name,” the affidavit says. “As soon as he saw me and heard me call his name out, he turned around and RAN back inside the house through the same door in the garage.”

Read more: https://www.cnn.com/2022/09/27/politics/ken-paxton-subpoena-affidavit/index.html

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Full headline: Judge rules Texas attorney general does not have to appear at hearing on abortion lawsuit after affidavit alleges he ran from person serving subpoena

I *had* to post this because just the headline alone of Paxton "running (sic) from (the) person serving (the) subpoena" was worth the time!

PA's AG and now-gubernatorial candidate, had to clean-up the shit that Paxton foisted on this state as a waste of our time and money right after the 2020 election.

Link to tweet

Josh Shapiro
@JoshShapiroPA
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Governor candidate, PA
BREAKING: Texas vs. Pennsylvania has been DENIED by the Supreme Court.

Our nation’s highest court saw through this seditious abuse of our electoral process.

This swift denial should make anyone contemplating further attacks on our election think twice.
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6:43 PM · Dec 11, 2020

[intheflow]

1. What backwater district did they judge-shop for this verdict?

How is it that the AG of a state basically says he's above the law? Not a head-scratcher in Rethuglican Texas.

[FBaggins]

9. You're kidding, right?

If anything, it's our side that was "shopping". This judge has already ruled that the TX abortion law was unconstitutional.

He was overturned of course... but he's no MAGA judge. If there's any way to rule against Paxton, Judge Pitman is the man to do it.

[Fullduplexxx]

2. Subpoena quashed records sealed

Judge Robert Pitman, the judge who granted Paxton’s request to quash the subpoena, also granted Paxton’s emergency motion to seal the documents.

“Plaintiff’s actions have caused a serious security risk” for Paxton because the process server was “unidentified” and “loitered at the Attorney General’s home for over an hour, repeatedly shouted at him, and accosted both the Attorney General and his wife, a Senator in the Texas legislature,” according to the motion. He feared for his safety and “refused to engage with the strange man who was lurking outside of his home and repeatedly shouting at him,” said the motion.

Judge appointed by PRESIDENT OBAMA

[riversedge]

6. Too bad this process server did not have it on tape. I will believe the server, NOT Paxton the

crook.

[ShazzieB]

3. What the hell is he so afraid of?

I mean, people don't run from a process server unless they're afraid of something, right?

I absolutely believe he did run. That process server has absolutely NO freaking reason to lie about this. And the excuse about "fearing for his safety" is just plain laughable.

I have just two words for Paxton:

[ananda]

5. I don't understand this double ruling.

How can the judge quash a subpoena and seal
the documents?

Isn't that the basis for the case?

[FBaggins]

10. It may indeed be the basis for the case, but we should hope not

If so... then the case is premature and they have to wait for Paxton to actually act on what he has said.

The seal is easy. The documents being sealed included the AG's home address and license plate. Easy, but also irrelevant. The stories today are based on those filings and the relevant information re: him dodging service is already public.

As for quashing the subpoena. That was always pretty likely. This is a very preliminary stage for the case. It's unlikely that the AG would have to testify.

[malthaussen]

7. That's not a birthmark on Paxton's ass, that's lipstick. n/t

[pfitz59]

8. another cowardly Repuke

unwilling to face the music

[Linda Ed]

11. Any lawyer that can answer this question?

Will someone explain how Ken Paxton can be under indictment for 7 years for securities fraud, while serving as attorney general, and never face a plea or a trial?
That sounds like “above the law” to me.