The League of Latin American Citizens Asks DOJ to Investigate Texas Attorney General Ken Paxton for Unlawful Raids
Plus, SCOTUS rejects Biden admin's emergency request, Grand Jury reindicts Trump, DNC sues Georgia Election Board, Tulsa Mayoral Race, and more
The League of Latin American Citizens Asks DOJ to Investigate Texas Attorney General Ken Paxton for Unlawful Raids
On Monday, the nation's oldest Latino civil rights organization, the League of Latin American Citizens (LULAC), which is based in Texas, sent a letter to the Department of Justice requesting federal authorities to investigate Texas Attorney General Ken Paxton for violating the Voting Rights Act and other federal civil rights laws.
CBS News reported on Tuesday that it first obtained the letter and learned that LULAC is just one of several civil rights organizations in Texas that was targeted by Paxton’s voter fraud raids.
Last week, Paxton’s office announced that its “election integrity unit” had opened undercover operations as it investigated unfounded reports that voting rights organizations were unlawfully registering noncitizens to vote. Two days later, on Friday, local news outlets reported that authorities had conducted search warrants in 3 Democratic-held counties that specifically targeted Latinos and county Democratic parties.
Sean Morales Doyle, director of the voting rights program at the Brennan Center for Justice told Texas Public Radio, “It’s hard to know if the crimes being investigated here are truly behavior that undermines democracy or just offenses manufactured by the Texas legislature to lend credence to Paxton’s claims that he’s rooting out fraud.”
LULAC raised this same concern in its letter to the DOJ, noting that Paxton's office is carrying out illegal searches premised on voter fraud. The organization writes, “We believe that [Paxton’s] conduct constitutes a direct attempt to suppress the Latino vote through intimidation and harassment.”
On Friday, the Austin American Statesman reported that LULAC issued a statement describing Paxton’s office as using “police state tactics” to disenfranchise Latino voters. Gabriel Rosales, state director for Texas LULAC, wrote that the attorney general had gone too far by targeting the homes of older citizens and LULAC members in South Texas.
She added, "I have been contacted by elderly residents who are confused and frightened, wondering why they have been singled out. Attorney General Paxton's actions clearly aim to suppress the Latino vote through intimidation and any means necessary to tilt the electoral process in favor of his political allies."
Rosales told the Statesman that state police forcibly entered a private residence in Dilley, a town between Laredo and San Antonio. She stated that at least 5 individuals were, 3 of whom are members of LULAC, were victims of Paxton’s raids.
Texas Public Radio also reported on Friday that Manuel Medina, Tejano Democrats chairmain and former Bexar County Democratic Party chairman, was one of the victims of Paxton’s raid. Cecilia Castellano, the Democratic candidate running for state House District 80, was also targeted. Coincidentally, Medina is working on Castellano’s campaign and Paxton endorsed her opponent, the disgraced former Uvalde Mayor who resigned to run for the open seat.
Medina told the NPR station that agents seized 65 cell phones along with 41 computers and other electronics, calling the raid “politically motivated.” Castellano told the Houston Chronicle on Friday that her phone was confiscated by law enforcement in the raid.
Rosales confirmed Medina’s and Castellano’s accounts, telling the Statesman that all of the raids conducted last Tuesday were of private homes and that authorities seized phones and computers alleging the devices contained illegally obtained voter information.
Juan Proaño, LULAC's CEO, confirmed with CBS News on Monday that armed police in riot gear broke down Medina’s door and cited in his letter to the DOJ that another target was a legacy member of the organization, 87-year-old San Antonio resident, Lidia Martinez. Proaño noted that Martinez’s role is to register seniors and veterans in South Texas to vote.
Martinez told the press that she was greeted by 9 officers in tactical gear and firearms last Tuesday. She described the experience, saying authorities questioned her for over 3 hours about her voter registration efforts in Texas. They then seized her phone, computer, personal calendar, blank voter registration forms, and her certificate to conduct voter registration.
Martinez’s account is outlined in the letter to the DOJ, which writes, “The fact that Lydia Martinez, a law-abiding citizen and respected community leader, was treated as a criminal for her voter registration efforts is a clear indicator that these tactics are designed to create a chilling effect on civic participation.”
The letter refers to Paxton’s actions as “not isolated incidents but are part of a concerted effort to suppress the growing political power of minority communities in Texas. These actions are reminiscent of past attempts to intimidate and disenfranchise voters through fear and coercion.”
It cites additional unlawful intimidation efforts by Paxton’s office, including unsuccessful legal challenges against Catholic Charities of the Rio Grande Valley and Annunciation House, which serve migrants. And adds, “These actions appear to be motivated not by legitimate legal concerns but by a desire to suppress the Latino vote, which is becoming increasingly influential in Texas and across the nation.”
Rosales didn’t mince her words, calling the Paxton’s actions reckless and hate-fueled. She told the press, "It is disgraceful and outrageous that the state of Texas, and its highest-ranking law enforcement officer, is once again using the power of his office to instill fear in the hearts of community members who volunteer their time to promote civic engagement.”
She encouraged the Latino community to continue advocating for voting rights, stating, “We urge you to continue organizing and mobilizing in your neighborhoods and cities to ensure what could be the most significant Latino voter turnout in Texas history."
Paxton's office has not responded to reporter’s requests for comments. It has also not released details about last week’s raids or explained what authority and legal purpose these undercover operations serve.
Update: SCOTUS declines to reinstate Biden administration’s ability to cancel student loan debt
On Wednesday, the Supreme Court declined to intervene in the case against the Biden administration’s policy cancelling student loan debt under the SAVE plan. With no noted dissents, the high court rejected the government’s emergency request to lift a nationwide injunction ordered by the 8th Circuit Court of Appeals. The brief order noted that it expects the 8th Circuit to "render its decision with appropriate dispatch." In a separate order, SCOTUS also declined an emergency request by GOP-controlled states Alaska, South Carolina, and Texas to keep a partial block on the program while they also litigate the issue.
Update: State and national Democratic parties, local officials sues Georgia State Election Board
On Monday, the Georgia Democratic Party, the Democratic National Committee (DNC), 2 Democratic state lawmakers, and several county election boards sued Georgia’s State Election Board. The lawsuit asks the court to invalidate 2 new rules adopted by the SEB’s 3 MAGA members, alleging they could be weaponized by partisan county officials who intend to delay and/or reject the results of the November presidental election. The plaintiffs argue the rules violate Georgia election law stating that county officials “shall certify” results—a mandate that has been upheld by court precedent—and that the SEB exceeded its legal authority in passing rules designed to provoke chaos.
The coalition of Democratic Parties and state officials wrote in a court filing with the Fulton County Superior Court that the first rule does not define “reasonable inquiry” and the second “has no basis in the election code or case law.” It adds, "According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or foreclose it entirely. But that is not the law in Georgia.” It also argues that courts have the authority to review suspected fraud or misconduct, not county officials. As such, the filing requests the court to declare that “absent a valid judicial order to the contrary, election superintendents must certify the results of the November 5, 2024 election no later than 5:00 P.M. on November 12, 2024.”
Update: New federal grand jury reindicts Donald Trump on same 4 felony charges for attempting to overturn the 2020 presidential election
On Tuesday, a new federal grand jury in Washington, D.C. reindicted Donald Trump on 4 felony charges for his actions in attempting to overturn the 2020 presidential election. The 36-page superseding indictment, which was filed by Special counsel Jack Smith in the U.S. District Court for the District of Columbia, streamlines the case against Trump in compliance with the Supreme Court’s ruling last month that gave Trump broad presidential immunity from criminal prosecution. In an accompanying court filing, Smith’s office wrote, “The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions in Trump. v. United States.”
The indictment now focuses on Trump’s private actions as a presidential candidate and as an incumbent president outside the scope of his office’s official powers after the November 2020 election. It emphasizes the political and personal nature of the many actions Trump took between November 4, 2020 through the January 6, 2021 insurrection. The indictment distinguishes Trump as a candidate acting in self interest, which is outside his constitutionally assigned presidential duties, noting, “the Defendant had no official responsibilities related to the certification proceeding, but he did have a personal interest as a candidate in being named the winner of the election.”
It also highlights the remaining 5 unnamed co-conspirators as individuals who were not “government officials during the conspiracies” and were “acting in their private capacity.” Previously listed co-conspirator 4, who was suspected to be former assistant attorney general Jeffrey Clark, has been removed from the indictment, as well as language about Trump’s correspondence with senior DOJ and homeland security officials and White House lawyers within the transition of power timeframe.
One key distinction made of Trump acting outside the scope of his presidential powers is the pressure campaign on then-Vice President Mike Pence and Trump’s running mate to reject the certification of the election. The indictment argues that Pence was acting in a “ceremonial role” as president of the Senate during the joint session on January 6, 2021. It also points out that Trump’s Stop the Steal rally was “privately funded” and “privately organized” and that Trump frequently used his Twitter account for “personal purposes.”
It also briefly outlines the multi-state scheme to overturn the results in battleground states and modifies the language regarding Trump’s legal challenge contesting the results in Georgia to state that he “filed in his capacity as a candidate for President.” In the previous indictment, it described the lawsuit being “filed in his name.”
U.S. District Judge Tanya Chutkan, who is presiding over the case, previously scheduled a hearing for September 5 to discuss how to proceed with the case in light of the Supreme Court ruling. This superseding indictment preempts that hearing.
Tulsa Mayoral race advances to runoff, guarantees Democrats will flip the seat
On Tuesday, 2 Democrats running for Tulsa, Oklahoma Mayor advanced to a runoff after a tight 3-way race resulted in no candidate reaching 50% of the vote. Fewer than 500 votes came between Democratic state House Rep. Monroe Nichols (received 33.1% of the vote), Democratic Tulsa County Commissioner Karen Keith (received 32.6% of the vote), and Republican businessman Brent VanNorman (received 31.8% of the vote). VanNorman was eliminated from the race for coming in third place and Nichols and Keith will appear on the November 5 ballot in a runoff.
Even though city elections are nonpartisan, Tulsa has not had a Democratic mayor since 2009. The runoff between 2 Democrats ensures the party will flip the Mayoral seat, and, if Nichols wins in November, he would become Tulsa’s first Black mayor.
Arizona Democratic Primary for Congressional District 3 decided by 39 votes
Last week, a recount in the close Democratic Primary for Arizona’s 3rd Congressional District found that former vice mayor of Phoenix Yassamin Ansari narrowly defeated former state Senator Raquel Terán by 39 votes. Ansari will face MAGA candidate Jeff Zink in November for the seat, which is open as current Rep. Ruben Gallego seeks to win AZ Sen. Kyrsten Sinema’s seat.
Zink, a Christian Nationalist from Lubbock, Texas, attended the Stop the Steal rally on January 6, 2021 and joined the insurrection at the U.S. Capitol with his son, Ryan.
New Jersey Congressman running for 15th term dies
Last week, a second New Jersey Democratic Congressman died after being hospitalized with an unnamed respiratory illness. 14-term Rep. Bill Pascrell Jr. was 87 and had won the Democratic Primary for the state’s 9th Congressional District in June. His funeral is being held today, August 28. Gov. Phil Murphy has yet to announce if there will be a special election to serve out the remainder of Pascrell’s term. It’s likely state Sen. Nellie Pou and former president of NJ Legislative National Hispanic Caucus will replace Pascrell on the November ballot as she has been endorsed by party leaders.
Pascrell advocated for emergency responders and was instrumental in spearheading the passage of the Firefighter Investment and Response Enhancement Act, which directly funds fire departments nationwide. He also succeeded in establishing the Great Falls, an area in his hometown of Paterson, as a national historical park. He also served on the House Ways and Means Committee.
Last month, Newark City Council President LaMonica McIver won the Democratic special primary for New Jersey’s 10th district to serve out the remainder of late Rep. Donald Payne Jr.’s term. She was also chosen as the party’s nominee for the November general election at a special Democratic convention.
Pennsylvania MAGA state lawmakers appeal challenge to state absentee voting law with state Supreme Court
On Monday, Republican Reps. Kathy Rapp and David Zimmerman appealed a Commonwealth Court’s ruling dismissing their election integrity lawsuit against Pennsylvania’s absentee ballot law. In their lawsuit filed in January, the state lawmakers alleged that the Pennsylvania Constitution mandates that absentee voters return their ballots to their local precinct or polling location, thus the state Election Code requiring absentee ballots to be turned in to and counted by county election boards is unconstitutional. On Friday, Commonwealth Court Judge Renee Cohn Jubelirer upheld Pennsylvania’s election law, writing in the majority opinion that the court was bound by state Supreme Court precedent, which decided in 1968 that the Pennsylvania Constitution requires “the return and canvass of [electors’] votes,” not ballots, “in the election district in which they respectively reside.” The court explained that “the current procedure whereby absentee ballots are delivered and canvassed at the county level but the votes therein are then applied to the districts where the absentee voters reside,” is constitutional. The state Supreme Court has indicated it is open to taking up the case on an expedited basis.
Rapp, who is running for another term in state House District 65, and Zimmerman, who is running unopposed in state House District 99, are election deniers who attempted to withdraw certification of Pennsylvania’s 2020 presidential election results with the assistance of 24 state House Republicans. Both previously unsuccessfully challenged the commonwealth’s no-excuse mail-in voting law (Act 77), which Rapp voted for.