The FBI Has No Business Tracking Down Texas Democrats
Using the FBI to track down AWOL Texas Democrats is an unnecessary expansion of federal law enforcement authority.
On Wednesday, Sen. John Cornyn (R–Texas) announced that the FBI had assigned "agents in both the San Antonio and Austin office" to his request that the agency help Texas law enforcement track down more than 50 House Democrats who left the state Sunday afternoon to delay a vote on redistricting plans proposed by the Republican majority.
Texas already has several mechanisms to use in coaxing the Democrats back. Each day they're gone, the fleeing Democrats incur a $500-per-day fine. Republican Gov. Greg Abbott also released an order for their arrest by the Texas Department of Public Safety, describing the Democrats' conduct as "abandonment or forfeiture." Republicans in the Texas House, meanwhile, have issued arrest warrants for the absent Democrats, and Attorney General Ken Paxton—who is challenging Cornyn in his re-election bid—has called for their removal from office.
In his letter to FBI Director Kash Patel, Cornyn states that "federal resources are necessary" to find the runaways. Cornyn couches his demands for FBI involvement in a cloak of concern about "solicited or accepted funds to aid in their efforts to avoid their legislative duties," sharing with Patel his belief that Democrats' actions may constitute "bribery or other public corruption offenses." A group backed by former Texas U.S. Rep. Beto O'Rourke (D–Texas) is covering the costs of the fines accrued by the AWOL Democrats, according to The Texas Tribune.
However, no charges have been filed in connection with their absence, and Texas Democrats have been visible in Chicago, Boston, and New York, holding press conferences and speaking with national outlets.
The FBI has yet to act on Cornyn's request. As of Thursday, "no federal agents had been seen or reported," in Illinois, per The New York Times. It is also unclear whether Patel was swayed by Cornyn's argument or by President Donald Trump, who indicated on Tuesday he "may have to" order the FBI to help apprehend the fleeing Democrats, as reported by The Guardian.
Notably, this is not the first time a Texas Republican has attempted to have the FBI intervene in state matters. In 2003, over 50 Texas legislators left the state to block a redistricting vote, prompting state officials to seek federal assistance in retrieving them. However, the George W. Bush Justice Department declined to assist, stating they were "not aware of any information" that would "warrant action by federal law enforcement authorities, including those of the FBI," per CNN.
Regardless of how involved the FBI will become, the bureau's involvement at all degrades the principle of federalism by infringing upon Texas's authority to discipline its lawmakers. It is also the most recent example of the Trump Justice Department being weaponized for political gain and tasked with duties outside its standard wheelhouse.
In April, the FBI arrested Milwaukee County Circuit Judge Hannah Dugan for obstruction of federal immigration enforcement and allegedly "concealing an individual to prevent his discovery and arrest," as covered by Reason. In May, FBI field offices nationwide received orders to increase the number of agents assigned to immigration enforcement significantly. Through June, the agency routinely assisted Immigration and Customs Enforcement in immigration raids and arrests, before shifting its focus back to counterterrorism.
Meanwhile, the bureau has also gone after Trump dissidents, with Patel supporting an investigation into former FBI Director James Comey, after he posted an image on Instagram of seashells spelling out "86 47" on the beach. Comey was later investigated and followed by the Secret Service.
Though Patel dismissed concerns during his confirmation hearing that he would weaponize the FBI, he seems to have set his sights on the Texas Democrats, despite Trump's Day One executive order to end the "weaponization of law enforcement and the weaponization of the Intelligence Community."
While the Democrats' plan is an attempt to circumvent a vote, they've broken no federal laws or statutes. There is simply no need for the FBI's involvement.
