Progressive Views: Statewide Offices: Attorney General

By Laura Bray
For the “Progressive Views” column, Boerne Star,
October 4, 202
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(a shorter version of this column appeared in the October 4 Boerne Star)

For my next column to describe the important statewide races on the November 3 ballot and the Democratic vision for that office, I’ll review the Office of the Attorney General (OAG). The Democratic candidate is Nathan Johnson. His website has full details on his priorities for the OAG. His Republican opponent is Mayes Middleton, an attorney who has spent his entire career in his family’s oil and gas business. In an interview with Houston Public Media, Johnson said that the “office [of attorney general] was conceived of as a check on the abuse of power in the private sector and in the public sector. It has been used instead by [current Attorney General] Ken Paxton as a political tool, not as a check and a balance like our country was founded upon. Middleton has pledged to use the office the same way.”

Some prominent Republicans have voiced support for Johnson. In an article from the Texas Tribune, a Republican appointee to the Texas Supreme Court (he has since retired) said, “For attorney general, I look at who will follow the law and who will operate the office efficiently. That’s been Johnson’s emphasis, and Middleton’s has been more about using the office as a political tool to advance certain agendas.” Middleton, who describes himself as “MAGA Mayes,” spent (and is spending) millions of his personal funds on ads to win the primary, while focusing on culture war items like keeping the Ten Commandments in public schools and limiting restrooms that trans people can use.

The OAG serves as the state’s top law enforcement officer. The OAG’s responsibilities include defending the State of Texas and its laws by providing legal representation to the State, its officials, and agencies; serving the children of Texas through the enforcement of the state’s child support laws and the collection of child support; securing justice for Texans by investigating and prosecuting criminal activities; and more. The OAG has the power to hold politicians accountable for any wrongdoings and can promote justice and equality by advocating for policies that benefit Texas communities. A Democrat in this office will champion voting protections, reproductive rights, accessible health care, and more.

Democrats want to restore the OAG to its true purpose. Paxton (running against James Talarico for the US Senate) has turned the OAG into a right-wing headline machine, trampling individual rights and freedoms in order to promote the radical MAGA agenda. Democrats will use the power of the office to defend – and where possible restore – individual rights and freedoms, and to uphold the rule of law and honor the Constitution. Under a Democrat, the OAG will join other Democratic attorneys general to take the President to court to block the MAGA machine’s illegal actions that harm the economy, tear apart communities, and erode the foundations of democracy.

Democrats are committed to “doing the basics” of the office and doing them well. This includes collecting child support, issuing legal opinions that clarify the law and help government run efficiently, working with city and county governments to finance infrastructure, and ensuring government transparency. Democrats will restore the integrity of the office so OAG employees will care about the people they serve, and will feel good about the service they provide. Democrats will also act to ensure that corporations feel the consequences of taking advantage of Texans.

Democrats will root out political corruption and investigate and prosecute officials – irrespective of political party – not for revenge or persecution, but to preserve the integrity of public service.

Fighting crime and promoting public safety are other strong Democratic priorities. In Texas, the attorney general can directly prosecute cases of identity theft, cybercrime, Medicaid fraud, and in some instances human trafficking. But also in Texas, primary prosecutorial authority in criminal matters lies with local district attorneys, with the attorney general’s cooperative support. Paxton’s antagonistic approach to district attorneys diverts resources away from prosecuting criminals, directing those resources instead to dealing with red tape. Democrats will bring the powers of the office to bear on public safety by working with local district attorneys to keep Texans and their property safe. 

Democrats will fight to maintain a secure border, ensuring it’s safe from drug smuggling, human trafficking, and all forms of cross-border criminal enterprise. Though immigration enforcement falls under federal jurisdiction, under the direction of the governor and Paxton, Texas is engaged in unconstitutional, wasteful border enforcement efforts. Democrats will reject “shock and awe” border policy and tactics that violate the Constitution. Democrats will also refuse to surrender state sovereignty to the federal government. The attorney general should assist with federal enforcement as appropriate, and block federal actions when they go too far.

The last day to register to vote in the November election is October 5. Click here to check your registration or to register to vote. (Note that Texas doesn’t have online voter registration; you must fill out a form and mail it to the Kendall County Elections Office.) Early voting starts Monday, October 19 at the Kendall County Courthouse Annex (221 Fawn Valley Dr, Boerne). For more information on statewide offices or to register to vote, call our office at 830-331-1243 or visit Kendall County Democratic Party

Laura Bray is former Chair of the Kendall County Democratic Party. Nathan Johnson and the OAG contributed to this article.

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