Newsmax judicial analyst Andrew Napolitano insisted that Texas Gov. Greg Abbott (R) did not have the authority to expel Democrats who fled the state to avoid a vote on redistricting.
In a statement on Sunday, Abbott said he would initiate the process to remove Democrats from office if they did not return by Monday afternoon, thereby giving Republicans the quorum necessary to pass a new redistricting map.
“This truancy ends now,” Abbott said, insisting Democrats must return to the state. “For any member who fails to do so, I will invoke Texas Attorney General Opinion No. KP-0382 to remove the missing Democrats from membership in the Texas House.”
Napolitano, however, suggested the governor was bluffing.
“The governor is threatening to remove them,” the analyst explained on Monday. “He doesn’t have the authority to do so. The Attorney General is threatening to arrest them. Well, he can only, the Attorney General of Texas, he can only arrest them in Texas. They’re going to issue extradition warrants.”
“First of all, you can only extradite for a felony, and this isn’t a felony,” he continued.