When Fact Is Stranger Than Fiction: You Can’t Make Up This Stufff

It’s time to Break It Down!

With visions of Josh (Haulin’-Azz) Hawley sprinting through the Capitol, I imagined General Paxton feinting and stutter stepping away from the steely-eyed process server, just trying to do his job. Oh yeah, that’s Attorney General (AG), not a military General. I’m not sure whether that makes the image better or worse. On the one hand, it was not an actual American serviceman, designated as a leader of men (and women) resorting to this pusillanimous tactic. On the other hand, the guy is the highest-ranking legal officer in the great state of Texas; the land where they say everything is big. I’m not sure what that makes Paxton. The Big Chicken?

Oh wait; I have led with the middle of the story. ICYMI, Mr. Paxton is at or near the center of a controversy in Texas about abortion access. He was subpoenaed as part of a lawsuit filed last month by several abortion rights groups, seeking to block Texas officials from bringing cases under Texas’ abortion bans for conduct that happened out of state before Roe v. Wade was overturned.

The affidavit says two subpoenas were issued for Paxton, one under his professional title as attorney general, and another addressed to him individually.

Day before yesterday, Ernesto Martin Herrera served the subpoenas to Paxton at his home, according to the affidavit. Mr. Herrera knocked on the front door and a woman opened it. He indicated he was there to give Mr. Paxton important legal documents. She said Paxton was on the phone and was in a hurry to leave. Herrera left his card and returned to his car.

About an hour later, a car drove into the home’s garage and Paxton exited the vehicle.

“I walked up the driveway approaching Mr. Paxton and called him by his name. As soon as he saw me and heard me call his name out, he turned around and RAN back inside his house through the same door in the garage.”

Later, according to the affidavit, his wife, State Senator Angela Paxton, started the truck. Several minutes later Ken Paxton ran out the door and into the car, trying to avoid Herrera. Mr. Herrera says he again yelled Paxton’s name, saying he had legal documents, but Paxton continued toward the truck.

When Herrera determined Paxton was not going to take the subpoenas from his hand, the affidavit says he yelled to Paxton that he was serving him with legal documents and left them on the ground.

Paxton left in the truck and left the documents on the ground; Herrera said in the affidavit.

AG Paxton responded to the allegation via tweets, saying he is being attacked for trying to “Avoid a stranger lingering outside my home.”

“This is a ridiculous waste of time and the media should be ashamed of themselves.”

“All across the country, conservatives have faced threats to their safety – many threats that received scant coverage or condemnation from the mainstream media.”

“It’s clear that the media wants to drum up another controversy involving my work as Attorney General, so they’re attacking me for having the audacity to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family.”

Was audacity really the right choice of words there? I digress!

Yesterday, Judge Robert Pitman ruled that Paxton does not have to appear at a hearing related to the abortion access lawsuit after an affidavit alleged that he ran away twice from a person who was serving him with a subpoena related to the lawsuit. Pitman also granted Paxton’s emergency motion to seal the documents.

The Judge said, “Plaintiff’s actions have caused a serious risk” for Paxton because the process server was “unidentified” and “loitered” at the Attorney General’s home for over an hour, repeatedly shouted at him, and accosted both the Attorney General and his wife, a Senator in the Texas legislature. He feared for his safety and refused to engage with the strange man who was lurking outside of his home and repeatedly shouting at him.”  

So, what’s the moral of this story? It is indeed good to have friends in high places…even when high places are your stomping grounds! Looking at this incident in retrospect, Herrera is lucky Paxton didn’t default to Stand your ground. “When Fact Is Stranger Than Fiction: You Can’t Make Up This Stuff!”

I’m done; holla back!

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