Senator John Cornyn’s announcement that the FBI will step in to help locate Texas Democratic lawmakers who fled the state to deny quorum over a mid-decade redistricting bill raised alarms for legal analysts.
The FBI denied to comment when reached by Newsweek on Thursday morning.
Why It Matters
The announcement from Cornyn, a Texas Republican, raised questions about whether this is a proper, or political, use of the FBI.
Texas Republicans are seeking to redraw the state’s congressional boundaries to give Republicans an advantage and thwart potential losses in the 2026 midterm elections. Democrats left the state to deny quorum and block a vote on the bill, which they view as blatantly partisan gerrymandering. Several other Republican states are eyeing redraws ahead of the midterms, setting off a redistricting arms race that could see several states with new maps by next November.
What To Know
Cornyn said in a statement that FBI Director Kash Patel approved his request “for the FBI to assist state and local law enforcement in locating runaway Texas House Democrats.”
“I thank President Donald Trump and Director Patel for supporting and swiftly acting on my call for the federal government to hold these supposed lawmakers accountable for fleeing Texas,” he wrote. “We cannot allow these rogue legislators to avoid their constitutional responsibilities.”
Michael McAuliffe, a former federal prosecutor and former elected state attorney, told Newsweek that the use of the FBI to find the lawmakers is “well beyond alarming.”
“The FBI’s function is to investigate potential violations of federal law, conduct specified national security functions, and perform background investigations for potential presidential nominees,” he said. “Nowhere in the statutory list of powers that I know of is tracking down political officer holders of an opposition party.
“The assignment to pursue state elected officials without clear investigative jurisdiction is a crass abuse of the immense authority of the Bureau. It’s an insult to the thousands of special agents who took an oath to protect the nation, not answer the call of politicization.”
The FBI being used for this amounts to “pure, naked political purposes” and is a “bull’s-eye hit on the rule of law,” he said.
“Who in this country really wants armed agents following people because of their political party affiliation or elected official status?” he said.
Texas Democrats have not broken a law that would warrant the use of the FBI, McAuliffe said.
Cornyn, in a letter to Patel, raised concerns about whether the lawmakers “solicited or accepted funds to aid in their efforts” and “may be guilty of bribery or other public corruption offense.”
McAuliffe, however, said the letter is a “transparent attempt to hide the political repurposing of the FBI.” More than 50 Texas lawmakers are staying in Chicago with support from Illinois Governor JB Pritzker, a Democrat.
“If Patel’s justification is to aid state law enforcement in capturing democratic elected officials, then the explicit political nature of the agreement is self-evident. Current Texas and federal leaders should remember that simple interstate travel is a protected right of every American,” he said.
This is not the first time lawmakers have fled a state to deny a quorum. Oregon Republicans have used a similar tactic to deny votes on legislation, but the FBI did not get involved.
The difference is that we now have a more “hyperpartisan” political and criminal justice system, former federal prosecutor Neama Rahmani told Newsweek.
“We’ve really sort of opened this Pandora’s box, where there is seemingly no line between law and politics anymore,” he said. “Historically, you’d never see law enforcement get involved in a purely political dispute, which is what this is.”
Generally speaking, the FBI would not get involved in state and local affairs unless there is a “federal hook,” Rahmani said. Although Republicans may make the case about federal bribery charges or interstate travel to justify the use of federal law enforcement, the FBI’s involvement is “seemingly improper on its face,” he said.
“It’s an example of lawfare and the weaponization of our criminal justice system in politics,” he said.
If any arrests are made, the Texas Democrats have “many good defenses” that the FBI’s involvement is a political tactic, including First Amendment defenses, Rahmani said.
House Minority Leader Hakeem Jeffries, a New York Democrat, slammed the FBI’s involvement on X.
“Shouldn’t the FBI be tracking down terrorists, drug traffickers and child predators? The Trump administration continues to weaponize law enforcement to target political adversaries. These extremists don’t give a damn about public safety. We will not be intimidated,” Jeffries wrote.
Pritzker told MeidasTouch that the FBI does not have “the ability to arrest these Texas Democrats.”
“They’re all allowed to visit Chicago or Illinois and take in the great view of our lake and our city, and enjoy the great restaurants that we have. But they won’t be taking anybody home with them or away from the state,” he said.
Texas Governor Greg Abbott, a Republican, has said he could expel Democratic members of the Legislature who left the state.
On Wednesday, Texas lawmakers in Illinois were evacuated from their hotel following a bomb threat, NBC News reported.
What People Are Saying
Anthony Michael Kreis, a constitutional law professor at Georgia State University, on X: “This is a patently unlawful, unconstitutional abuse of federal power.”
Former Representative Colin Allred, a Texas Democrat running for Senate, on X: “This isn’t about “locating” anyone — they’re not hiding. It’s about silencing dissent and weaponizing law enforcement. Cornyn is deputizing the FBI and [Texas Attorney General Ken] Paxton is trying to expel lawmakers because they’re both too weak and corrupt to stand up to Washington. Enough is enough — Texans deserve better.”
Representative Daniel Goldman, a New York Democrat, on X: “What federal criminal interest could the @FBI and @FBIDirectorKash possibly have in this matter? Answer: none. This is yet another disgusting partisan abuse of power by the FBI, and any agent asked to assist should refuse to do so.”
Texas Governor Greg Abbott, a Republican, on X: “Texas DPS and the FBI are tracking down the derelict Democrats. They will be taken directly to the Texas Capitol. Those who received benefits for skipping a vote face removal from office and potential bribery charges. In Texas, there are consequences for your actions.”
What Happens Next
Any arrest of Texas lawmakers could lead to further legal challenges over the FBI’s authority to intervene in the case.
Meanwhile, the redistricting arms race continues with states Ohio, Florida, Missouri and Indiana potentially working on more pro-Republican maps. Democratic states like California, New York and Maryland have considered redrawing their maps to neutralize the threat.
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