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In It to Win It

(8,253 posts)
Tue Sep 27, 2022, 05:55 PM Sep 2022

Judge rules that Texas AG who ran away from being served a subpoena won't have to testify in abortio

A judge has ruled that Attorney General Ken Paxton doesn't have to appear at a hearing on the abortion access lawsuit that he reportedly tried to run away from being served a subpoena for, CNN reported.

According to an affidavit that was first obtained by the Texas Tribune, Ernesto Martin Herrera, a process server arrived at Paxton's home to serve him the subpoena but Paxton escaped in a truck driven by his wife, Texas state Sen. Angela Paxton.

CNN reported that Paxton's office asked a judge to void the subpoenas arguing they were not proper and were not effectively served.

"Top executive officials should not be called to testify absent extraordinary circumstances," the motion from Judge Robert Pitman said, CNN reported.

The subpoenas required Paxton to testify at a hearing on Tuesday on a lawsuit filed by abortion rights groups. The groups are seeking protection against legal threats for helping women access abortions in other states after Texas enacted tough restrictions on abortion after the Supreme Court overturned Roe v. Wade.


https://www.yahoo.com/news/judge-rules-texas-ag-ran-193119772.html
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Walleye

(31,028 posts)
1. So tell me again how nobody is above the law
Tue Sep 27, 2022, 05:57 PM
Sep 2022

But executive officials shouldn’t have to testify at all. Nonsense

Comfortably_Numb

(3,809 posts)
5. You can't imagine. The stench here in Texas is dead magats covered in yellow cowardice.
Tue Sep 27, 2022, 06:07 PM
Sep 2022

This state is a failed state.

Comfortably_Numb

(3,809 posts)
9. And guns. And we lead the nation in uninsured, electric prices, close in property taxes.
Tue Sep 27, 2022, 09:58 PM
Sep 2022

We go broke in this shithole.

gratuitous

(82,849 posts)
4. He wasn't properly served, so he doesn't have to appear
Tue Sep 27, 2022, 06:03 PM
Sep 2022

But I'm guessing this isn't the last Paxton will hear about this, and the day may come when he is required to appear in a court of law and answer questions under oath. In the meantime, his political opponents should by all means produce "Run Ken Run!" videos with Yakety Sax as the background music.

FBaggins

(26,746 posts)
10. He wouldn't have to testify anyway - this just made it easier
Wed Sep 28, 2022, 08:25 AM
Sep 2022

The case is far too new to get to the point where witnesses who were parties to the suit might be called. Plaintiffs were just worried that their case might get tossed because it's based not on something that has happened, but rather on something that they expect to happen based on things that the AG has said.

They would have a much better chance if they could get him under oath agreeing that his words meant that he would take certain actions (that the court could then order him not to do). If he instead said that he wouldn't do those things, then the case would probably end... but they could declare a victory that he had agreed that he could not do those things.

But that probably isn't enough to force him to testify at this point. So even if he had accepted the service documents, he could have just asked the court to quash the subpoena (as he did anyway... and as the court agreed).

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