The Texas Report 7/19

The Texas Report 7/19

What’s Happening:

• State investigating claim that troopers were told to push migrants into the Rio Grande.

• Lt. Governor Patrick issues gag order before Texas Attorney General Paxton's impeachment trial.

• Texas women sue state for clarity regarding Texas’s abortion ban

State officials are investigating claims that Department of Public Safety troopers were told to push migrants into the Rio Grande

A Texas State Trooper's claim that superiors ordered officers in Eagle Pass to push migrants into the Rio Grande and deny them water has sparked a state investigation, per the Texas Department of Public Safety.

The trooper also reported razor wire deployed by troopers caused injuries, including a woman who had a miscarriage while entangled.

Travis Considine, a DPS spokesperson, said that the Office of the Inspector General, which investigates claims of misconduct by state employees, "is investigating the allegations made in the email in question."

"There is not a directive or policy that instructs Troopers to withhold water from migrants or push them back into the river," Considine said. The Houston Chronicle first reported the allegations. (More here)

The trooper sent an email to a sergeant on July 3rd detailing what he'd witnessed while on patrol in Eagle Pass.

For instance:

• Claimed that after stumbling across a group of 120 people along the U.S. border fence line, commanding officers ordered to push the people back into "the water to go to Mexico." And to tell them to go to Mexico.

• A four-year-old girl who attempted to cross razor wire was "pressed back by Texas Guard soldiers due to orders." He added that the girl passed out in the 100+ degree heat and was given medical treatment.

• Troopers found a 19-year-old woman was stuck in the razor wire and had a miscarriage.

Considine also attached emails from DPS Director Steven McCraw to his chain of command. In an email sent July 15th, McCraw calls for an audit of DPS' protocols "to determine if more can be done to minimize the risk to migrants. "The smugglers care not if the migrants are injured, but we do, and we must take all necessary measures to mitigate the risk to them, including injuries from trying cross over the concertina wire, drownings, and dehydration," McCraw added.

Following reports of the officer's claims, Democrats across the country reacted by calling for action from President Biden and condemning Governor Abbott.

State Senator Roland Gutierrez (D - San Antonio), who is running to replace Senator Ted Cruz, sent a letter to the Department of Justice requesting an investigation into Operation Lone Star (OLS). He adds, "It is time for federal officials to investigate these lawless actions and force the leadership in Texas to take full responsibility." (More here)

Congressman Joaquin Castro (D-San Antonio) posted on social media that in a dinner with Secretary of State Blinken, he'd urged the Federal Government to intervene and conduct an investigation into OLS. (More here)

Governor Greg Abbott, Border Czar Mike Banks, DPS director McCraw, and Texas Adjutant General Major Thomas Suelzer released a joint statement on Tuesday regarding directives under OLS.

• In the letter, Abbott defends the current procedures and says, "No orders or directions have been given under (OLS) that would comprise the lives of those attempting to cross the border illegally." He adds that the tools deployed are intended to deter and repel illegal crossings between ports of entry, but all personnel are directed to provide water or medical attention to any individuals who may need it. (More here)

Outside of the above statement, I've been unable to find any other quotes by Abbott's office responding to the claims.

White House Press Secretary Karine Jean-Pierre tweeted that the Texas orders, if true, were "atrocious, barbaric, and downright wrong."

The state of Texas has budgeted over $5.1 billion for border security for the 2024-25 biennium.

Lt. Governor Patrick issues gag order before Texas Attorney General Paxton's impeachment trial.

On Monday, Lt. Governor Dan Patrick issued a gag order ahead of the trial for suspended Attorney General Ken Paxton, explaining "out-of-court statements" by both sides could jeopardize the trial in the Senate.

The order went into immediate effect, citing what Patrick called "egregious" statements that may pose a "serious and imminent threat" to the impartiality of Paxton's trial, which is set to begin September 5th.

Violators can be found in contempt of court and punished with up to six months in county jail and a fine of up to $500, the gag order said. Additionally, parties (including members of the Senate, House, and their staffs are prohibited from making statements "they reasonably should know" will have a "substantial likelihood of materially prejudicing the trial."

Patrick explained the necessity for the order because the jury (30 of the 31 senators) cannot be replaced if there is evidence that their impartiality is tainted. The order cited comments made by lawyers from both parties, including claims by Paxton's lead attorney Tony Buzbee and one of the House's lead prosecutors Rusty Hardin.

The impeachment process got even more interesting Tuesday morning when campaign finance reports began surfacing showing that Patrick has recently received a million from the anti-Paxton impeachment group Defend Texas Liberty. The organization also loaned Patrick $2 million.

What are these organizations:

• Defend Texas Liberty is Empower Texans (a conservative advocacy organization) campaign finance arm led by billionaires Tim Dunn and Farris Wilks. These groups have long given and supported the most conservative Texas candidates and routinely try to primary Republicans who they don't see as conservative enough.

• Defend Texas Liberty is also run by former State Representative Jonathan Stickland. These groups are major supporters of Paxton and have spent thousands on his behalf advocating against the impeachment proceedings brought on by the Republican-led Texas House.

• This is a big jump in giving to the Lt. Governor compared to the $200,000 in reported contributions from 2022 (during an election cycle).

News of these campaign contributions raised a lot of eyebrows earlier this week, as Patrick is supposed to act as a judge over the Senate impeachment trial of Ken Paxton, and receiving millions in support from some of Paxton's most strident allies certainly appeared fishy to some.

Regarding his campaign finance report, Patrick didn't specifically address the significant donation from Defend Texas Liberty, instead saying, "I was humbled by the outpouring of support for the work we have accomplished during the 88th Legislative Session. The grassroots and the business leaders across Texas agree with the direction Texas is heading. I appreciate the financial support."

This adds another layer to the complex Senate trial of Ken Paxton, as his supporters are likely trying to do whatever they can to try and shore up support for the suspended Attorney General ahead of September 5th. It doesn't mean Patrick will behave any differently with or without the contribution, but the level of spending is something to pay attention to nonetheless.

Texas women sue state for clarity regarding Texas’s abortion ban

Women who sued the state after saying they were denied abortions despite serious risks to their health are headed to court today. The Texas case may be the first brought by women who were denied abortions since the right to an abortion was overturned.

The case before a Texas judge in Austin isn't seeking to reverse the state's abortion ban, instead asking the court to clarify when exceptions are allowed in Texas. These women say they were told they could not end their pregnancies even though their lives and health were in danger.

One woman had to carry her baby, who was missing most of her skull, knowing she'd bury her daughter soon afterward. Other plaintiffs were forced to travel to other states for medical care for pregnancy-related complications after doctors recommended an abortion.

The Texas Attorney General's Office, which is defending the state's ban, argued the women lack standing to sue and pushed back against doctors who said they were confused over the law's wording.