Sen. Ted Cruz (R-TX) criticized PolitiFact on Tuesday for rating one of his recent statements about Texas Democrats who fled the state as “false.”
The story: Cruz’s criticism of PolitiFact comes after the Supreme Court ruled that Democrats who escaped Texas to block legislation from passing can be civilly detained and returned to the House chamber.
“The Texas Supreme Court just agreed with me—unanimously,” Cruz tweeted. “But, of course, PolitiFact still rules the claim ‘false.’ They have yet to issue a correction.”
What he said: Cruz made the comments in July after around 50 Democratic lawmakers fled to Washington D.C. to prevent the Republican-led legislature in the state from passing an election law that they say would make voting more difficult.
Cruz argued that the lawmakers can be legally compelled to return to the House chamber.
“There is clear legal authority to handcuff and put in leg irons legislators that are trying to stop the legislature from being able to do business,” he said.
Cruz explained that he investigated the matter when Democrats similarly left the state in 2003, while he was serving as the Texas Solicitor General.
“[Then-Attorney General Greg’ Abbot asked me. I researched it. It turns out the Texas Constitution has a provision that explicitly authorizes fleeing House members to be arrested,” the Texas Senator said.
PolitiFact argued that “this as a gray area of the law … because this hypothetical set of circumstances has no judicial precedent in Texas.” The fact-checker said there was no “clear legal authority” in Texas’ constitution to arrest absent lawmakers “in a criminal sense” because they haven’t committed a crime.
In other words, PolitiFact rated Cruz’s claim as false because they disagree that there is legal authority to handcuff lawmakers in such as case is “clear.”
“The Texas House Rules states that absent lawmakers can ‘be sent for and arrested, wherever they may be found.’ But, because absent lawmakers aren’t charged with a crime, it’s unclear how the use of the word “arrest” should be interpreted in this context. This is because no Texas court has reviewed how this provision is to be enforced. Thus, there is no legal clarity,” PolitiFact concluded.
Worth noting: Cruz’s office told PolitiFact that the “clear legal authority” stemmed from the U.S. Constitution and pointed to a 1988 incident in which an Oregon legislator, who refused to go back to the statehouse, was returned there by force.
“Pretending that the law doesn’t clearly allow for the arrest and potential physical compulsion of delinquent legislators is patently absurd,” Cruz spokesman Steve Guest said.
This did not change PolitiFact’s rating of Cruz’s remark.
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