“My view in brief: This is a press release masquerading as a lawsuit,”

Rick Hasen, UC Irvine Law regarding Paxton suit

Donald Trump just does not understand or accept a basic premise upon which the USA was formed or the way that the President is elected. Specifically, that each state will have a fair election and that election determine who the receives that state’s electoral votes. Further, as a former GOP office holder and county chairman, I’m amazed at the extent to which certain Representatives and Senators are afraid of Trump’s wrath. So much so that, without any basis in fact, they have voted to overturn the popular and Electoral College votes instead of simply confirming the indisputable fact that Biden won the election. That’s just anti-American sedition and spits in the eye of every true patriot. 

I was almost as distressed to see Texas AG Ken Paxton file a spurious lawsuit with the Supreme Court to overturn the election results in four other states, Georgia, Wisconsin, Michigan and Pennsylvania in order to stop each of these states from having its electors counted to determine the incoming President. In all four states, the popular vote clearly went for Biden. The fairness of these elections has been repeatedly affirmed by state and federal courts (with both GOP and Democratic judges). Strangely, Paxton found no problems with the election in any of the states where Trump prevailed. 

Even with a SCOTUS packed with 6 right wingers, the lawsuit obviously had no chance of success. If this lawsuit was upheld, our democracy would be in shambles. But the very fact that it was filed tells us several things about both Trump and Paxton.  

Trump’ mistaken view is that he personally appointed three Supreme Court justices. Therefore, they work for him, not America. He basically said that was why it was so important that he get the last appointment through the Senate before the election, just in case she was needed to decide who won. Plus, in Trump’s world, six SCOTUS justices are acknowledged Republican conservatives, so they should just get in line behind Trump’s views regardless of the facts, the law or the Constitution. 

This is not a new line of thinking for Trump, who castigated arch-conservative US AG Jeff Sessions for attempting to follow the law versus Trump’s dictates during the impeachment proceedings. In fact, Trump carefully screened Bill Barr to make sure Barr would feel obligated to work directly for him… and not equal justice under the law… before Barr was appointed. That appointment has worked out well for Trump in the past. AG Barr purposefully wrote a totally inaccurate summary of the Mueller report which exonerated Trump. However, in reality the Mueller report clearly implied Trump was guilty of covering up the truth and blocking Mueller’s’ investigation at every turn. 

But even Barr has stated that this election was fair and that there were no substantial irregularities. Frankly, every allegation brought up in the Paxton lawsuit… and the insane actions brought by Ted Cruz and the other Senators and Representatives seeking a new investigation… has already been litigated. Virtually every lawsuit has been laughed out of court, including the Supreme Court. 

As for Paxton and Cruz, they fit in well with Trump’s authoritarian views. Plus, these Texans are obviously hoping that Trumpers will remember not only the Alamo but Trump’s last stand as well. And how Cruz Paxton were loyal to the very end, like Jim Bowie to Trump’s bastardized Crockett. 

At the same time, Paxton figures that this outrageous legal stunt will cause many to forget his own checkered past. As all Texans are aware, Attorney General Paxton has been alleged to have pressured a real-estate developer into hiring a woman with whom he was alleged to be having extra-marital relations. Paxton has also been indicted for selling stock without telling investors he was getting a commission. Further, seven of Paxton’s former staffers have filed a whistleblower lawsuit against him, alleging substantial misconduct. 

As Georgia’s Republican Attorney General’s office stated about Paxton’s legal publicity stunt, Paxton “is constitutionally, legally and factually wrong.” That about sums it up for both Cruz and Paxton.


Image Credit: Former President Trump Visits St. John's Episcopal Church (Official White House Photo by Shealah Craighead) – via flickr/Public Domain.

Jack Bernard

Jack Bernard

Jack A Bernard is a retired SVP with a national healthcare corporation. He was Chair of the Jasper County, Ga Board of Commissioners and Republican Party. He was also on the Board of Health for Jasper County and is currently on the Fayette County BOH. Bernard has over 100 columns published annually, primarily in the South.