Texas Rep. Jean Wu (D-Houston) remains a free man, for now, after a district court judge passed an order called the writ habeas corpus, which would allow Wu to be released as long as a judge does. does not decide whether a civil arrest warrant is legal for 52 Texas Democrats.
“We will do everything we can to ensure that all Texans have the right to vote,” Wu said after Wednesday’s court proceedings. “We won’t go down without a fight.”
52 civil arrest warrants were filed Tuesday in response to House Democrats who refused to return to the Texas Capitol in an attempt to break the quorum and prevent Republicans’ voting bill from going forward.
Wu’s lawyers challenged the constitutionality of the warrant issued, arguing that it was illegal.
Stanley Schneider, one of Wu’s lawyers, said, “There was no quorum, so they couldn’t do any business, so the warrant is illegal and the warrant of arrest violates the Texas Constitution.”
Texas Young Republican policy director Jason Vaughn said Governor Greg Abbott promised to continue convening the special session until the bills on the agenda, including the Election Integrity Bill, are voted on.
“At some point, they have to come back and get the job done,” Vaughan said. “Now we’re three or four (House Democrats) away from the quorum. It’s time to get to work. So let’s put that aside. There are so many things we can work on together and let’s get things done. Huh.”
230th District Court Judge Chris Morton ruled in Wu’s favor, saying he was concerned Attorney General Ken Paxton was not informed of the arrest warrant.
Thus, Morton granted a writ of habeas corpus, whereby Wu’s attorney asked the judge to release the MP until it was decided whether his detention was valid.
It will be up to a judge to decide whether Warrant issued by Texas House of Representatives are legal. Wu is a free man until a judge makes a call.
White Texas House voted overwhelmingly Tuesday to authorize law enforcement to track Democrats and bring them back to the state capitol, the writ issued on Wednesday was only regarding Wu.
“We are here to make some good trouble. It is a reminder to Governor Abbott that we still live in a democracy and that we are here as Democrats, as public officials, with the right to vote, the freedom to vote, We have the most fundamental rights that we have as Americans, as Texans,” Wu said after the court.
Harris County District Attorney Kim Ogg said Wednesday that it is a constitutional issue, not a criminal matter.
“Our criminal courts should not be used to try and settle political differences,” Ogg said. “The legislature has a responsibility to work together and while I personally support what Democratic representatives have done as Harris County District Attorney. I am obliged to follow the law. I have told the case court in Texas It was reported in the representation of the people of K.K. Later treat it as a criminal case.”
Ogg said he expects more challenges to be presented in the coming days.
Attorney Brent Meyer said, “Rep. Wu is a free man. He doesn’t have to worry about being arrested and locked up in the chambers of the House of Representatives at this time.” The order issued by the judge also trumps the warrant so that no one can take him into custody now.
Wu’s lawyers plan to return to court next Wednesday.
When asked if Wu planned to return to Austin, he replied very strongly.
“Hell no.”
The next hearing of the court will be on Wednesday, August 18.
As of Wednesday, Texas Democrats have not been charged with the crime or fined. The civil arrest warrant would only allow the Texas Department of Public Safety to return the delegates to the State Capitol.
More on the Texas Legislature:
Texas Democrats still accept special session per day, documents show
Texas House orders arrest of missing Democrats as weeks-long standoff over voting bill continues
2 more Houston lawmakers arrested in DC during march for voting rights
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