![]() When Monique Jaimez and her wife, Jenna Bloom, were driving at Lone Star Lake in February of 2021, they stumbled upon a bizarre scene: a sedan nose-deep in the partially frozen lake and a woman in the water screaming for help. "To the extent Paxton is burdened by his testimony, it is because both he and his office have declined to take a clear stance on the legality of out-of-state abortions while issuing statements suggesting they are illegal.Jeremy Scott Williams at a hearing on Oct. ![]() "It is challenging to square the idea that Paxton has time to give interviews threatening prosecutions but would be unduly burdened by explaining what he means to the very parties affected by his statements," the judge wrote. Pitman also dismissed Paxton's argument that testifying in person would cause a significant burden for him. The Austin-based judge said his previous decision to quash the subpoena was based on "incomplete facts" - Paxton’s contention that the notification occurred “at the eleventh hour” and “on the literal eve of trial.” Later, however, the plaintiffs’ lawyers submitted to the court copies of emails showing they had attempted to serve Paxton through his lawyers four days earlier. "But the Court will not sanction a scheme where Paxton repeatedly labels his threats of prosecution as real for the purposes of deterrence and as hypothetical for the purposes of judicial review." "If their fears are unwarranted, then that will become clear during the course of his testimony," Pitman said. The funds have all stopped providing assistance like travel, lodging, meals and child care to Texans receiving abortions out-of-state. The groups suing Paxton say the confusion has had a chilling effect. Paxton's office did not immediately respond to a request for comment. "To determine whether the 'policy in question comports with the law,' the Court must first determine what the Attorney General means by his repeated statements threatening to enforce the law," Pitman wrote, adding later: "Paxton alone is capable of explaining his thoughts and statements."ĪLSO READ: Democratic challenger raised $100,000 in two days off AG Ken Paxton's subpoena flap Pitman wrote on Tuesday that the funds had proven the testimony is warranted because of "exceptional circumstances." Paxton "possesses unique, first-hand knowledge of the issues at hand and about how he will enforce the Trigger Ban," he said, referring to Texas' near-total abortion ban that was triggered this summer when the Supreme Court overturned federal protections in place since the 1972 Roe v. MORE ON THE SUIT: Frozen since June, Texas abortion funds seek court order to resume their work Yet on social media and in TV interviews and other public statements, Paxton has said he views abortions as illegal whether a Texan has one in “Denver or Dallas, in Las Cruces or Lamesa.” He's also stated that he believes pre-Roe statutes that criminalize abortion, as well as anyone who "furnishes the means," are "100% in effect." ![]() Paxton has tried to deflect the lawsuit, arguing that the funds lack standing because his office does not have the power to bring criminal prosecutions, meaning the plaintiffs haven't endured legal harm. In this case, the abortion funds, which are suing the state for protection to resume their work amid the state's newly enforced abortion bans, argued that Paxton and his office had made conflicting statements, and that Paxton testifying was the only way to clear it up. The appeal will be filed by Friday, according to the court filing.īACKGROUND: Texas AG Ken Paxton flees during attempt to serve subpoena before key abortion hearing On Wednesday, Paxton asked Pitman for a stay of the decision while he appeals to the Fifth Circuit. Attorneys general rarely testify, as their lawyers are typically able to explain the high-ranking official’s viewpoint and legal argument.
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