Texas two-step: Unflinching fealty to Trump by Republican attorneys general no surprise
President Donald Trump called the latest lawsuit aimed at overturning the recent election “the big one.” Democrats called it a big joke, an “act of some bizarre-world desperation.” We can call it a teachable moment.
Scandal-plagued Texas Attorney General Ken Paxton filed a lawsuit against four key states in an attempt to block presidential electors from making final Joe Biden’s victory. Trump wholeheartedly signed on with 126 House Republican lapdogs applauding the nonsense. And Republican attorneys general from 17 states lined up behind Paxton to march into legal infamy by adding their names and states’ credibility to the litigation, which proceeded straight to the front door of the U.S. Supreme Court.
On Friday, it was rejected in record time with a terse unsigned order: “Texas has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections.” In other words, Texas, mind your own damn business.
And, after all, what the hell does Texas, with its racist attempt to minimize voting options in a coronavirus pandemic, know about a free and fair election?
As leading Democratic Party attorney Marc Elias told CNN, “The idea that Texas could sue four other states because Texas didn't like their elections? Well, guess what, Texas? There are a whole bunch of states who don't like the way you disenfranchise voters in Texas."
Paxton was the last AG who should have been setting foot in a courtroom. He’s under FBI investigation for alleged corruption, bribery and abuse of his office following what’s been described as a revolt by senior members of his own staff. There’s heavy speculation that Paxton’s own legal problems have motivated him to pimp for Trump in hopes of landing a presidential pardon, and his visit last week to the White House accompanied by some fellow AGs only fueled the strong rumor. Between the corruption allegations and his own Trumpian legal rantings, Paxton makes Rudy Giuliani look like Learned Hand.
As Trump blather-tweeted about the wonders of the Paxton lawsuit, and historians struggled to find anything like it in the history of the Republic, we were told this latest legal head-scratcher too shall pass and be reduced to yet another late-night television one-liner. All 50 states had certified the election. It’s over, right?
Trouble is, in the time of Trump rational conclusions are too often turned on their heads, and logical reasoning has been increasingly replaced by magical thinking.
Take the unblushing support of Paxton’s legal nonstarter by those 17 Republican attorneys general, for instance. It redefined audacity, but should surprise no one.
After all, they were just doing what they had been bankrolled to do, in part by the fundraising legerdemain and lobbying of the Republican Attorneys General Association (RAGA). Three years ago, I wrote about RAGA’s stealthy effort to groom Trump loyalists in key positions at the state level.
It looks like someone was calling in a marker.
Don’t know RAGA? It was formed in 1999 to counter efforts by Democratic attorneys general to enforce hard-fought civil liberties and environmental protections and, as its website states, “to defend federalism, adhere to the law, and apply a commonsense, free market approach to governing.” If the words “commonsense free market approach to governing” make it sound a bit like a business organization, you may be onto something.
RAGA supports and grooms conservative candidates and raises millions from the conservative billionaire class, far outpacing its Democratic counterpart. The Republican organization, “works with attorneys general across the country to support and promote the rule of law, limited government, legal reform, public safety, and the preservation of conservative values.”
Its recruitment and lobbying efforts have scored impressive victories. And RAGA’s like-minded members made little secret of their admiration for Trump’s hard-right agenda.
In practice, the RAGA is all about the MAGA.
Its website lauds its status as a “Farm Team” for its conservative rising stars throughout the federal justice system, halls of Congress, “and governors’ offices across the country.” What’s more, “Nearly one quarter of President Trump’s confirmed appointments to the federal judiciary worked in an attorneys general office and President Trump’s Supreme Court shortlist includes one of RAGA’s founding fathers as well as three former AG staff members.” And 2019 was a very good year.
Back in 2017, RAGA unabashedly defended Trump, and made no secret that its members did, too. Its website heralded, “Under the Trump Administration, the role of the Republican attorneys general transitions from ‘the last line of defense’ to ‘the tip of the spear.’ Republican attorneys general are committed to work to unravel the numerous burdensome regulations employed by the previous administration that hamper our way of life and our way of governing, as well as serve as a counterbalance to the Democrat attorneys general and their liberal job-killing agenda in activist’s courts.”
It's no wonder that its conventions attract so many corporate executives and lobbyists in the name of counteracting the Democrats and their legendary “liberal job-killing agenda in activist’s courts.”
These days, the Republican attorneys general aren’t losing sleep over the fate of the Republic. They know the rule of law hasn’t been threatened, unless they’re the culprits in question. No one but Trump is trying to shred the Constitution, and they know it.
Those AGs are doing precisely what they’ve been influenced to do: Walk point for Trump, no matter the legal consequences or damage to their credibility, and states’ rights be damned.
John L. Smith is an author and longtime columnist. He was born in Henderson and his family’s Nevada roots go back to 1881. His stories have appeared in Time, Readers Digest, The Daily Beast, Reuters, Ruralite and Desert Companion, among others. He also offers weekly commentary on Nevada Public Radio station KNPR. His newest book—a biography of iconic Nevada civil rights and political leader, Joe Neal— “Westside Slugger: Joe Neal’s Lifelong Fight for Social Justice” is published by University of Nevada Press and is available at Amazon.com. Contact him at [email protected]. On Twitter: @jlnevadasmith