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Federal judge orders Texas AG to testify in abortion case after fleeing subpoena

Texas Attorney General Ken Paxton (R) was ordered by a federal court to testify in a case over abortion rights after fleeing his home when being served a subpoena last month.

The lawsuit at play, filed by several abortion rights organizations, seeks to guarantee that Texans will not be convicted for attaining an abortion out of state. The top federal prosecutor was determined by a federal judge to have unique first-hand knowledge relevant to the case, so his testimony is needed, according to CBS Austin. His arguments against appearing were rejected by the judge.

“It is challenging to square the idea that Paxton has time to give interviews threatening prosecutions but would be unduly burdened by explaining what he means to the very parties affected by his statements,” District Judge Robert Pitman wrote. “The burden faced by Plaintiffs — the effective cessation of many core operations — outweighs the burden of testimony faced by Paxton.”


The episode in which the attorney general fled with his wife from the process server at his home was described in an affidavit seen by the Texas Tribune.

“I walked up the driveway approaching Mr. Paxton and called him by his name. As soon as he saw me and heard me call his name out, he turned around and RAN back inside the house through the same door in the garage,” the process server wrote.

“A few minutes later I saw Mr. Paxton RAN from the door inside the garage towards the rear door behind the driver side. I approached the truck, and loudly called him by his name and stated that I had court documents for him. Mr. Paxton ignored me and kept heading for the truck,” the process server added.

Paxton’s lawyers said their client fled his home last month because the process server “loitered at the Attorney General’s home for over an hour, repeatedly shouted at him, and accosted” him and his wife, according to the Texas Tribune. They also described the server as a “strange man.”

“It’s clear that the media wants to drum up another controversy involving my work as Attorney General, so they’re attacking me for having the audacity to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family,” Paxton wrote on Twitter.


Paxton’s lawyers have been given a week to decide when and where he would testify.

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