Beto O’Rourke is under a growing barrage of attacks from Texas Attorney General Ken Paxton. This follows a recent decision by Tarrant County District Judge Megan Fahey to Fort Worth last week to hold a fundraiser while he was in-state. Paxton has alleged him in state court with contempt for raising money on ActBlue, the standard Democratic fundraising platform. This legal battle has now morphed into a criminal investigation against O’Rourke and his related organization, Powered by People.
With O’Rourke coming under fire for his own fundraising last week. Until overturned or modified, a court order issued by Judge Fahey now blocks Powered by People from using any contributions to pay for travel or lodging for Texas legislators during the special session. The order furthermore restricts the group’s capacity to pay for the $500 per day penalties that legislators would accumulate for not showing up. In spite of these limitations though, O’Rourke aggressively pursued outside funding. This prompted Paxton to announce an investigation into the campaign/workings of Powered by People.
Paxton has since filed a motion to have O’Rourke punished $500 for every time he failed to comply with the court’s order. In addition, he’s asked an Austin local judge to start sending O’Rourke to jail for these supposed infractions. “He’s lying about me to try to silence us,” O’Rourke stated, emphasizing his belief that Paxton’s actions are politically motivated.
O’Rourke’s legal team responded to Paxton’s allegations by asserting that he is “knowingly taking a statement entirely out of context to intentionally misrepresent the statement to this Court.” They have gone after Paxton—both for conduct they consider improper during the investigation itself and in pursuit of sanctions.
This contentious debate and dynamic occurs in the context of Texas’ increasingly liberalizing political shift. Meanwhile, Governor Greg Abbott is already preparing to call lawmakers back into a new special session, as legislators are set to adjourn this Friday. There is a sense of urgency that characterizes this session. Donald Trump just encouraged Republicans to take advantage of this process in their favor, demanding that they draw up a congressional map that would net them five additional seats in Congress.
Though tensions seem to be rising between O’Rourke and Paxton, the consequences of this legal battle reach far beyond campaign fundraising methods. At the same time, it’s a testament to deepening partisan divides in Texas and to concerns about how much judicial decisions should shape overtly political conduct.