Site icon JONATHAN TURLEY

Texas Supreme Court Lifts Restraining Order Protecting Democratic Legislators from Arrest

That is clear legal authority. It may not be dispositive authority according to these Democratic members. However, the federal lawsuit primarily hit the House rule on the meaning and limits governing “arrests.”

Cruz was clearly reasonable in claiming his view of clear authority. Reasonable people can disagree but he had an express constitutional provision supporting his position.

If someone was discerning enough to read the column, they would see the glaring contradiction between the analysis and the conclusion. Of course, most people will not read much past the conclusion that Cruz said something false. However, the analysis simply states that “because absent lawmakers aren’t charged with a crime, it’s unclear how the use of the word ‘arrest’ should be interpreted in this context. This is because no Texas court has reviewed how this provision is to be enforced. Thus, there is no legal clarity.”

It was reminiscent of the fact check of the former White House press secretary Sarah Huckabee Sanders by Glenn Kessler. The Post assigned her two “Pinocchios” for saying that Comey’s actions “were improper and likely could have been illegal.” Yet, the Post concluded that the memos were, despite Comey’s denial, FBI material and that he violated FBI rules in removing and releasing such information. It also accepted that employees under Comey as director could well have been fired for such violations. It also agreed that the memos might have been either classified or privileged, even though there has been no final determination. Regardless, the Post awarded two Pinocchios for Sanders stating that Comey’s actions were “improper and likely could have been illegal.”

Cruz has demanded a correction from the Post in light of the Supreme Court decision.

 

It is unlikely to do so.  I would not object to PolitiFact to saying that some have and would contest the legal basis for the arrest order. It could even say that many would say it is not clear without case authority. However, it is biased to claim that it was false for Cruz to claim clear legal authority.  Obviously, the Texas Supreme Court viewed it as a clear because it reversed the district court within 24 hours.

PolitiFact should correct its column. Indeed, it should have been corrected before the Texas Supreme Court decision.

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