00:00:44.600We're going to tell you why they're coming back.
00:00:46.140We're going to tell you about what legal authorities the governor and the Speaker of the House had and used to force them to come back.
00:00:52.860And we're also going to talk more broadly about the issue of gerrymandering.
00:00:56.020Because we have seen in the last two weeks, we have seen Democrats, we have seen blue state governors, we have seen the media clutching their pearls and saying this is horrible.
00:01:07.580And I've got to say, in the annals of hypocrisy, the Democrats' reaction to Texas' redistricting may be at the top of the list of utter, complete nonsense and hypocrisy.
00:01:22.940We're going to give you the facts of what exactly Democrat states do when they draw congressional redistricts and compare it to Republican states.
00:01:32.480And spoiler alerts, the Democrat states are much, much, much more egregious in gerrymandering their states than Republican states ever are.
00:01:43.180We're going to give you the facts so that when you're standing around the water cooler, you're going to know the response to someone who decides to do some pearl clutching on their own.
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00:03:39.100So this has become like a rallying cry, Senator, around the country.
00:03:43.100Democrats are like they're gerrymandering down there in Texas.
00:03:46.760You even have Gavin Newsom getting in on this.
00:03:48.820He sends a letter to the president's like, well, if you guys don't stop what they're doing there, then we may have to gerrymandering in California and get those seats back that you steal from Democrats.
00:04:09.420And that's the breaking news this evening.
00:04:10.880So I'm reading from one news story here in Texas.
00:04:13.480ABC 13 has confirmed with multiple sources that House Democrats will return to Texas.
00:04:19.140Eyewitness News has not confirmed the date, but we do know that the Democrats believe they've accomplished their mission by killing the first special session and raising national awareness about the mid-decade redistricting effort.
00:04:30.380It is unclear which day they will be in Austin at the Capitol, but they stress that they will push for Hill Country flooding relief to be the priority.
00:04:37.900After our initial reporting online and on television, a spokesperson for the Texas Democratic Caucus said the following statement to ABC News, quote,
00:05:15.900They're coming back, number one, because the governor and the Speaker of the House has issued an order to arrest them, to bring them back forcibly and arrest them.
00:05:24.060Number two, the Speaker of the House has the authority to fine them $500 a day for every day they are absent and break quorum.
00:05:51.640And number three, and the governor is proceeding in front of the Texas Supreme Court to seek to declare those offices vacant and remove them from office.
00:06:02.680And so they were facing a legal barrage, and they knuckled under it.
00:06:08.260They were engaged in a lot of smoke and mirrors and show.
00:06:34.980And the Democrats, they may decide to play out and to have their righteous anger while they rush off to their comrades to say, we think it is terrible when Republicans are elected.
00:06:47.060But they will lose because they don't have the leverage.
00:06:51.000And I'll tell you, Ben, that this is actually a topic that I've got some personal experience in.
00:06:55.820I would say you've dealt with this before, literally, in your own life.
00:06:59.480Well, so in 2002, Greg Abbott was elected the attorney general of Texas.
00:09:38.640One was a court of appeals case in private practice, and the other was in a federal district court in New York on behalf of the FTC.
00:09:47.500Now, I will say, in the case in New York, on the other side was the head of litigation at Crevasse, Swain & Moore, which is one of the top law firms in the country.
00:09:56.180And I took him on and beat him in court.
00:09:58.640And so those two arguments, I leaned in hard and said, look, I've done two arguments.
00:10:31.140And so the Texas House begins to do mid-decade redistricting.
00:10:36.220Now, what is mid-decade redistricting?
00:10:38.720Ordinarily, redistricting happens right after the turn of the decade.
00:10:42.860So you get a new decade, you get a new census, and with a new census, you do redistricting with the new numbers that have come out from the census.
00:10:59.760And so Texas had the most egregious partisan gerrymander in the country, because even though Texas was voting overwhelmingly Republican on the statewide level, Texas was electing a majority of Democrats to the congressional delegation.
00:11:15.960The Texas Democrats had drawn a map to elect the opposite congressional delegation from the way the state was voting, and it was the nastiest partisan gerrymander in the country by the Texas Democrats.
00:11:31.700So in 2003, when Republicans took the House, they decided, okay, we're going to do redistricting so that we can draw a map that elects a congressional delegation that reflects the values of the voters of Texas.
00:11:55.980And so the House Democrats, they went north to Ardmore, Oklahoma, stayed a little Holiday Inn just over the Red River.
00:12:02.860And the Senate Democrats, they went to New Mexico, Albuquerque, New Mexico, to a fancy, a very fancy hotel.
00:12:12.060And I thought it was really funny that the senators, the Democrat senators were going to a shi-shi hotel and that the House members were at a Holiday Inn in Oklahoma.
00:12:21.440But, so one of the first things that happened is that the Speaker of the House, Tom Craddock, a great guy, picks up the phone and he calls Greg Abbott, the brand new Attorney General.
00:12:34.060And he says, General, can I arrest the fleeing House Democrats?
00:13:01.500It turns out the answer is unequivocally yes.
00:13:06.180And the reason is the Texas Constitution has a provision in it that is copied word for word from the United States Constitution.
00:13:13.920And the U.S. Constitution has a provision that gives both houses of Congress the power to forcibly compel the attendance of absent members so that members do not have the right to defy a quorum.
00:13:27.620And in fact, multiple times that has been used, carrying House members or senators into the chambers in leg irons, in handcuffs.
00:13:37.980And so I came back and said the answer is unequivocally yes, you can arrest them.
00:13:42.080Now, it became a little bit complicated when they crossed state lines, because crossing state lines, particularly going into states with Democrat administrations, it is possible that if Texas DPS troopers showed up there, that those states could try to prosecute the officers for kidnapping.
00:14:00.680That was a possibility if the governor or the local D.A. decided to be belligerent, you could get into uncharted legal territory.
00:14:08.880Is that why, by the way, Democrats have all picked these liberal cities like Illinois, where the governor says we're going to back you, we've got you, come here, you'll be safe.
00:14:20.780It is more complicated to do it in a liberal jurisdiction if you have someone who is partisan and politically motivated.
00:14:28.760What is unambiguously clear is that when the Texas Democrats are back in Texas, you can arrest them and you can forcibly produce their bodies on the floor to get a quorum.
00:14:41.660So this will end, they will lose, and the Texas legislature will pass this redistricting.
00:14:48.060By the way, if you are arrested and taken to the floor the way that you were described, I think a lot of people just want to know this around the country, you can be there like not wanting to be there, right?
00:14:57.240They can drag your butt literally into the chamber, and you're counted there as a human being that's a member of the legislature, and that's how you get to a quorum.
00:15:18.720It is the authority to physically force your presence in the room because the reason they're fleeing is the requirement that there be a quorum.
00:15:28.800The legislature cannot do business if there are not sufficient members there for a quorum,
00:15:33.220and that's why both the United States Constitution and the Texas Constitution give the authority to physically compel presence
00:15:41.500because no individual member has a right to prevent the body from being able to legislate, from being able to do its fundamental constitutional responsibility.
00:15:51.200So they're back now, and this has actually brought up, I think, a bigger issue, and I want to take the time.
00:15:57.460I actually think this may be one of the biggest backfires in political modern history, in my opinion, on an issue of gerrymandering.
00:16:04.580A lot of people, I don't think, understood just how much abuse of power with Democrats in charge in different states with gerrymandering
00:16:15.500and how many conservatives were so underrepresented in Congress.
00:16:20.220A great example of that is California.
00:16:22.980There are several other states that have, like, zero representation of conservatives or Republican members of Congress
00:16:29.120because of the way they have drawn the district lines to make sure that it's almost all Democrats all the time.
00:16:36.120And a lot of people did not know how much abuse there was, how much gerrymandering was happening all over the country in Democratic states
00:19:32.260By the way, is that not the actual definition of gerrymandering when you have 47% or 43% going for a party and they get zero representation in Congress?
00:26:23.460The court said you didn't follow the rules.
00:26:25.180That's how bad they were in New York on that, Senator.
00:26:28.180And understand, in New York, Democrats get 55 percent, 56 percent of the vote, and they get 73 percent of the congressional district.
00:26:37.800And by the way, the way they do that in New York is they break up Long Island.
00:26:43.260They break up Republican parts and try to elect Democrats there.
00:26:47.520The way they do it in California is they break up Southern California.
00:26:50.060They break up Orange County, and they try to break up Republican votes.
00:26:53.580The way they do it in Chicago is they break up the more conservative votes that are outside of Chicago.
00:26:58.180All of that, that's the strategy the Democrats do.
00:27:02.460And listen, the reason Texas is acting to do this is because it matters, number one, nationally, if we have a Republican majority in the House.
00:27:13.300We have a very slim majority right now.
00:27:15.140Electing five new Republicans will make a difference, will significantly increase the chances of keeping a Republican majority in the 2026 election.
00:27:26.620But it also reflects the values of the voters of Texas.
00:31:36.920And so if you're a party whose entire platform is wildly unpopular, is on the 20 side of 80-20 issue after 80-20 issue after 80-20 issue, the only way you can implement your crazy ideology is through brute force and power.
00:31:54.000And Beto, I'll commend him for being honest.
00:31:57.300He's just interested, ironically, in being a fascist, in being a totalitarian.
00:32:02.840The language he uses, he doesn't want the voters to have a say.
00:32:07.060He wants to force his radical policies on them.
00:32:10.480That's what the Democrats are revealing to the whole country.
00:32:12.940Just put it in perspective, Democratic favorability is the lowest in history of CNN polling.
00:32:19.020What is your view of the Democratic Party?
00:32:20.600Only 28% of Americans say that they have a favorable opinion of the Democratic Party right now.
00:32:27.48054% unfavorable of the Democratic Party.
00:32:31.600Only 16% of Americans have no opinion.
00:32:34.740That is the lowest in history of CNN polling.