Texas Democrat State Rep. Gene Wu, one of the notorious group who fled their home state to deny Republicans the quorum to pass elections legislatoin, temporarily avoided arrest on Wednesday.
State District Judge Chris Morton granted Wu's filing of a writ of habeas corpus, determining that his arrest was unlawful. The arrest would have compelled Wu to return to Austin so the legislature could conduct business.
Morton said he was concerned that Attorney General Ken Paxton hadn't been notified about the arrest warrant, according to ABC 13.
The writ of habeas corpus trumps the civil warrant and hands the criminal court control until Wu appears in court again next Thursday. Wu will be free until then.
Asked if he has any plans to return to work, Wu replied, 'Hell no,' as reported the Houston Chronicle.
Morton noted that this was an unusual case for him, concerning the legality of a civil arrest warrant. He questioned whether he has jurisdiction in criminal court.
Harris County District Attorney Kim Ogg, representing her office at the hearing, said no.
'We don't believe that the courts, the criminal courts, should be a place where political differences are litigated,' she said.
'This is a reminder to Gov. Abbott that we still live in a democracy,' Wu said after his court appearance.
'This is a reminder to Gov. Abbott that we still live in a democracy,' Wu, above, said after he avoided arrest
Texas Democrats fled their state for Washington, D.C. on two private jets chartered at $100,000 to both deny Republicans quorum - the minimum number of members needed present to conduct business - and to draw attention to the effort to expand voting rights
Republican Texas House Speaker Dade Phelan has issued arrest warrants for 52 Democratic lawmakers who broke quorum for the third time over voting rights.
The decision was approved after the Texas House voted 80-12 to move forward with the arrests for absent members, which enabled Phelan to issue the warrants. It's the second time that such a vote has been taking during ongoing quorum-bust.
The Texas Supreme Court on Tuesday also overturned a trial court judge's ruling that would have prevented absent Democrats from being arrested.
Texas Democrats fled their state for Washington, D.C. on two private jets chartered at $100,000 to both deny Republicans quorum - the minimum number of members needed present to conduct business - and to draw attention to the effort to expand voting rights.
Meanwhile, Republicans promised they would be arrested upon their return to Texas and compelled to come to the legislature to move forward with their election security measures in special session.
The warrants were signed after Democrats failed to show up during the fifth day of the House's second special session, leaving the chamber eight members short of a quorum.
Republicans are seeking to pass two new 'election integrity' bills, whereby voting would be allowed on election days from 6 a.m. to 9 p.m., drive-thru voting would be banned and mail voters would also be asked to verify their identities with a state ID number or the last four digits of their Social Security number.
Democrats have filed suit, naming Abbott and Phelan as defendants, said they had been 'deprived of liberty for substantial periods of time, suffered much anxiety and distress over the separation from their families.'
They also said they had suffered 'much discomfort and embarrassment' because their reputations have been 'impaired'.
In the suit, the Democrats further allege that they 'have lost much time from their homes and the companionship and care of their families and have been required to spend substantial sums of money'.
The fleeing lawmakers received a warm welcome from members of their party in Washington, and met with high-powered lawmakers to discuss voting rights legislation and even Vice President Kamala Harris herself. At least three of them tested positive for Covid-19 after jet-setting maskless to the nation's capital, and Harris subsequently tested negative.
TEXAS' VOTING RIGHTS BILLS: WHAT'S IN THEM AND WHY THE DEMOCRATS THINK THEY 'RESTRICT' ELECTIONS
Democrats argue that:
