Texas fleebagger avoids arrest for now - judge grants writ of habeas corpus

AP Photo/Eric Gay

One of the Texas fleebaggers found a judge to grant a writ of habeas corpus so that he can avoid arrest, for now. It’s every man and woman for himself/herself now, apparently, among the runaways. And, in case you think this is a serious fight, think again. It’s all about fundraising and political showmanship.

Texas state Rep. Gene Wu was granted a writ of habeas corpus by a fellow Democrat, State District Judge Chris Morton, so he remains a free man for now. The judge admitted he doesn’t have the power to do so but never mind. Democrats no longer feel obligated to follow constitutional law, whether on the state or federal level, right? They make it up as they go while admitting they are exceeding their power. It’s like Biden’s extension of the eviction moratorium, he knows he doesn’t have the authority to do it but he does.

Just a couple of days ago, the Texas House voted to have the sergeant-at-arms arrest the Dem fleebaggers and bring them back to the Capitol to get back to work in the second special session. As the process began, Wu decided he’s above the law and went his own way. For background purposes, Wu was born in China and is a former prosecutor in the Harris County District Attorney’s Office. He is married to a local ABC channel affiliate reporter, also born in China. This is Wu’s fifth term in office. Wu is the drama queen who posted a photo of his lunch salad and Diet Coke on Twitter during his first day in D.C. and said he felt like a fugitive. His Twitter feed is filled with ugly remarks against Republican opponents, including one who lives with Asperger’s syndrome.

The Texas Constitution addresses writs of habeas corpus as they pertain in criminal cases. An arrest warrant issued by the Texas House of Representatives doesn’t toss a legislator in jail, it simply authorizes the Department of Public Safety to have them brought to the House once they re-enter Texas. Wu wasn’t going to be handcuffed and frog-marched off to jail. But, that reality doesn’t make for good fundraising clickbait, does it? You better believe this is all about raising money for Texas Democrats. None of the lawmakers have been charged with a crime or face a fine.

Such a brave, brave fighter! After court, Wu said, “We are here to make some good trouble. This is a reminder to Governor Abbott that we still live in a democracy and that we are here as Democrats, as public officials, to defend the right to vote, the freedom to vote, as our most fundamental right that we have as Americans, as Texans.”

The Democrat judge gave a strange justification for siding with Wu and granting the writ of habeas corpus.

Judge Chris Morton, of the 230th District Court, appeared to rule in Wu’s favor, for now, saying that he is concerned that Attorney General Ken Paxton wasn’t notified about the arrest warrant filed.

Thus, Morton granted a writ of Habeas Corpus, allowing Wu’s attorney’s to ask the judge to release the lawmaker until it is decided if his detention was lawful.

What? That is some sort of random nonsense pull out of the air if you ask me. Morton admits this is an unusual case for him, concerning the legality of a civil arrest warrant. He even admitted the issue probably doesn’t have jurisdiction in criminal court. The current Harris County District Attorney doesn’t think this is a criminal matter, it’s a constitutional issue. She’s right. I’m old enough to remember when she was a Republican before she switched to Democrat and ran for D.A.

Harris County District Attorney Kim Ogg said on Wednesday that this is a constitutional issue, not a criminal case.

“Our criminal courts should not be used to determine and decide political differences,” Ogg said. “The legislature has a responsibility to work together and while I personally support what the democratic representatives have done, as the District Attorney of Harris County. I’m bound to follow the law. I reported in Representation of the people of Texas in case courts later find this to be a criminal matter.”

Ogg said she anticipates more challenges will be filed in the coming days.

We can look for more runaway Democrats to follow Wu’s lead here. Many of the other 51 who ran to D.C. have returned to Austin and gotten back to work. Bitter clingers like Wu know how this will all turn out yet there may be a few more dollars to milk from it. The Texas fleebaggers are shameless. We’ll see how this all continues to play out in court.