As I’ve previously said, @TXAG @KenPaxtonTX and the Travis County DA still have jurisdiction over Bonnen’s obvious violation of the Texas constitution’s bribery prohibitions. Either one could — and both should — proceed. 1/
#txlege won’t police itself
#txlege won’t police itself
But this “analysis” that the #TXLege House General Investigating & Ethics Committee’s lawyer’s produced has some glaring flaws:
First, they waive off the Constitution’s bribery prohibitions by misrepresenting Mutscher: 2/
First, they waive off the Constitution’s bribery prohibitions by misrepresenting Mutscher: 2/
The (false) notion that because the #TXLege didn’t enact explicit statutes to outlaw something merely “authorized” to be outlawed by the Texas Constitution means the conduct outlawed by the Texas Constitution isn’t illegal would have far reaching consequences — IF it were true 3/
Second, the “analysis” goes on to say that because the Constitution’s bribery prohibition isn’t “self-executing”, it can’t have tangible penalties — except they’re wrong: it IS self-executing in regards to the “forfeiture of the office they may hold” (a tangible penalty)
4/
4/
Note they clearly assert that Bonnen’s conduct WAS a violation of the Constitution’s bribery provision.
Also note how Constitution says “and other additional punishment as is or shall be provided by law” — the “and” and “additional” are pretty clear here.
5/
Also note how Constitution says “and other additional punishment as is or shall be provided by law” — the “and” and “additional” are pretty clear here.
5/
Their analysis does make clear that AG Paxton or the Travis County DA could proceed, and prosecute Bonnen to protect the Texas Constitution and the public — via quo warranto, as I’ve been saying. 6/
The Court in Mutscher* was on point: “anyone of ordinary intelligence [would know] that the kind of conduct embarked on by [the accused] would constitute an offense”
It’s clear Bonnen’s conduct is a violation: but will anyone hold him accountable? #TXLege
7/
It’s clear Bonnen’s conduct is a violation: but will anyone hold him accountable? #TXLege
7/
*Full disclosure: the Court was technically elaborating on #TXLege’s enactment of certain explicit penal code bribery prohibitions when they made the above statement, not the Constitution’s bribery clause.
But the quote is timeless. 8/8
But the quote is timeless. 8/8
