HOUSTON, Texas (KTRK) -- The saga implicit whether oregon not Democrats who fled for Washington, D.C. to debar voting connected a Texas voting measure tin beryllium arrested took different crook Wednesday.
Texas Rep. Gene Wu (D-Houston) remains a escaped man, for now, aft a District Court Judge granted an bid called writ Habeas Corpus, which volition let Wu to beryllium released if helium is arrested until a justice decides whether the civilian apprehension warrants for 52 Texas Democrats is ineligible oregon not.
"We volition bash everything we tin to marque definite the close to ballot for each Texans is protected," Wu said, pursuing Wednesday's tribunal proceedings. "We volition not spell down without a fight."
On Tuesday, 52 civilian apprehension warrants were filed successful effect to House Democrats who person refused to instrumentality to the Texas Capitol successful an effort to interruption quorum and forestall the Republicans' voting measure from moving forward.
Wu's attorneys challenged the constitutionality of the warrant issued, arguing that it was illegal.
"There was nary quorum, truthful they could bash nary business, truthful the warrant is amerciable and the warrant to apprehension violates the Texas constitution," said 1 of Wu's lawyers, Stanley Schneider.
Jason Vaughn, argumentation manager of Texas Young Republicans said Gov. Greg Abbott promised to proceed to telephone peculiar sessions until the bills connected the agenda, including the Election Integrity Bill, are voted on.
"At immoderate point, they're going to person to travel backmost and get the occupation done," Vaughn said. "We're 3 oregon 4 (House Democrats) distant from quorum now. It's clip to get to work. So let's enactment this aside. There are plentifulness of things we tin enactment connected unneurotic and let's get the occupation done."
Judge Chris Morton, of the 230th District Court, appeared to regularisation successful Wu's favor, for now, saying that helium is acrophobic that Attorney General Ken Paxton wasn't notified astir the apprehension warrant filed.
Thus, Morton granted a writ of Habeas Corpus, allowing Wu's attorney's to inquire the justice to merchandise the lawmaker until it is decided if his detention was lawful.
It volition beryllium up to a justice to determine if the warrants issued by the Texas House of Representatives are legal. Wu is simply a escaped antheral until a justice makes that call.
While the Texas House voted overwhelmingly Tuesday to authorize instrumentality enforcement to way down Democrats and bring them backmost to the authorities Capitol, the writ issued Wednesday was lone successful regards to Wu.
"We are present to marque immoderate bully trouble. This is simply a reminder to Governor Abbott that we inactive unrecorded successful a ideology and that we are present arsenic Democrats, arsenic nationalist officials, to support the close to vote, the state to vote, arsenic our astir cardinal close that we person arsenic Americans, arsenic Texans," Wu said aft court.
Harris County District Attorney Kim Ogg said connected Wednesday that this is simply a law issue, not a transgression case.
"Our transgression courts should not beryllium utilized to find and determine governmental differences," Ogg said. "The legislature has a work to enactment unneurotic and portion I personally enactment what the antiauthoritarian representatives person done, arsenic the District Attorney of Harris County. I'm bound to travel the law. I reported successful Representation of the radical of Texas successful lawsuit courts aboriginal find this to beryllium a transgression matter."
Ogg said she anticipates much challenges volition beryllium filed successful the coming days.
"Representative Wu is simply a escaped man. He doesn't person to interest astatine this clip astir being arrested and locked up successful the chambers successful the House of Representatives," said lawyer Brent Mayr. The bid issued by the justice besides trumps the warrant truthful that nary 1 tin instrumentality him into custody close now.
Wu's attorneys program to instrumentality to tribunal adjacent Wednesday.
When asked if Wu planned to instrumentality to Austin, helium had a precise emphatic answer.
The adjacent tribunal proceeding is scheduled for Wednesday, August 18.
As of Wednesday, the Texas Democrats person not been charged with a transgression oregon look a fine. The civilian apprehension warrants would lone let for the Texas Department of Public Safety to instrumentality the representatives to the State Capitol.
MORE ON THE TEXAS LEGISLATURE:
Texas Democrats inactive accepted peculiar league per diem, documents reveal
Texas House orders apprehension of missing Democrats arsenic weekslong stalemate implicit voting measure continues
2 much Houston lawmakers arrested successful DC during march for voting rights
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