Definitely Don't Get Too Excited
Fresh Analysis of Governor Abbott's Invasion Announcement
Good Morning friends,
We’re doubling down on yesterday’s newsletter re: Governor Abbott’s statement about invoking the various constitutional clauses that has apparently convinced a variety of news organizations around the country that he’s really going to get after the border crisis.
Reporter Bethany Blankley picks up on one of the things that almost everyone missed, the key fact that the seeming announcement was made on the Governor’s personal twitter account, and not his official State of Texas account.
Seems like it might be a case of splitting hairs— but perhaps not. By the time Blankley finishes pulling on the thread, the entire sweater’s come unraveled and it’s pretty apparent that what’s happening may have just been a head fake, or a maneuver for optics, or just a trial balloon of some kind.
It’s also entirely possible that the Governor means to do it after all, and will be following up soon. We’ll see.
We linked above— here’s the gist:
(The Center Square) – Numerous news outlets and social media pundits on Tuesday misreported that Texas Gov. Greg Abbott declared an invasion at the southern border. He did not, according to an analysis of available data by The Center Square.
Abbott tweeted from his personal Twitter account Tuesday content from a letter he sent to some Texas judges on Monday, without citing the letter or linking to it. Some officials in Texas later explained to The Center Square that they found the tweet to be misleading and that they “jumped the gun” in response, misunderstanding its context.
In the tweet, Abbott said, “I invoked the Invasion Clauses of the U.S. & Texas Constitutions to fully authorize Texas to take unprecedented measures to defend our state against an invasion. I'm using that constitutional authority, & other authorization & Executive Orders to keep our state & country safe and includes the bullets listed in the letter.”
He did not include a link to the letter, however. The Center Square reported on the letter earlier Tuesday morning.
Abbott has yet to issue a formal invasion declaration. His office has not published such a declaration through an official news release or on the governor’s website. There are two official statements that reference the invasion clause, one in a July 7 executive order and another in a letter he sent to some county judges on Nov. 14.
The Center Square obtained a copy of a letter sent to a border county judge on Monday and first reported on Abbott sending letters to the judges Tuesday morning. The letter was in response to judges who’ve signed invasion declarations or resolutions calling on the governor to use his full authority to declare an invasion and repel it. In his July 7 executive order, which the Nov. 14 letter cites, Abbott authorized the Texas National Guard and DPS officers to assist Border Patrol agents in apprehending illegal foreign nationals once they’ve entered Texas and to bring them to ports of entry, and to arrest illegal foreign nationals for committing state crimes.
If Abbott had invoked his constitutional authority on Tuesday, “he would have done so in an official document, not from a personal Twitter account,” national security expert and Navy JAG Jonathan Hullihan told The Center Square. “No document, no order. If he’s using the same authority he already invoked, why didn’t he repel the invasion in July?”
—Reporter Bethany Blankley/The Center Square
The article goes on at some length after that, delving into additional background and reaction from other experts.
Jasper Scherer over at the Houston Chronicle seemed to be reaching a similar conclusion on twitter, after questions were put to Governor Abbott’s budget director Sarah Hicks.
So there you have it folks. Put it all together with the letter the Governor sent to County Judges, Monday, and it appears that the Governor is trying to put some pressure on Congress and others to step up on the border or turn over some federal funding and allow Texas to really get after it— shielding lawmen and military personnel from federal charges. Right now, it is widely believed in some quarters that if DPS and Texas Military began to physically repel migrants and aliens they would face individual civil rights charges on the basis of what’s called pre-emption, among other things. Basically, it’s predicated on infringing on the federal government’s turf.
This probably isn’t an optimal solution for most Border Hawks, who seem to feel that Texas doesn’t need to ask for permission, on the basis of the very same Constitutional clauses the Governor references in his tweeting and letters.
For what it’s worth, one can feel a certain sympathy for someone trying to avoid a Constitutional crisis. It would seem to be very damaging if a crisis were provoked and the results were not consistent with what some might expect.
Through it all, migrants, aliens, and border residents remain in the strange and chaotic limbo that is continuing to dominate matters along the Rio Grande.
Locally, Border Patrol has set up full-time checkpoints on some of the farm-to-market roads in Kinney County— spots that were previously only occasionally patrolled before the crisis.
Deputies have seen an uptick in high speed pursuits as a result. So far this week, they’ve had a pair of simultaneous chases in different parts of the county, with smugglers running for the Uvalde County line, and the Edwards County line at the same times.
It’s not clear how closely coordinated such efforts might be. While the cartels do organize the smuggling, most drivers are independent contractors, lured in with the promise of easy money.
We’re going to call it a day for now. Readers may have noticed, we’re experimenting with a tighter, more focused publishing aim the last couple of newsletters.
It could be argued we’ve been too self-indulgent in the past with a lot of esoterica and extra length. We can’t promise to have totally banished it all— we enjoy exploring historical parallels to current events too much to completely avoid it. But for now, here we are.
As always this newsletter should not be mistaken for any kind of an official statement by Kinney County Officials. It is an independent work product, predating our employment at the Sheriff’s Office, and any errors, misdeeds, or embarrassments within are entirely our own.
Have a great Wednesday, and we’ll see you again soon.