Former Attorney General Eric Holder said Sunday the FBI does not have jurisdiction to return Texas Democratic lawmakers who fled their state.
“Texas lawmakers are digging in. You heard Gov. [Greg] Abbott there talking about the FBI, Sen. [John] Cornyn calling the FBI to help locate those Democratic lawmakers who fled the state. I wonder, do you think that the FBI has jurisdiction to intervene here and try to bring back those Democrats who are in other states?” NBC News’s Kristen Welker asked on “Meet the Press.”
“Short answer: No. I mean, you’re asking the FBI to get involved, to find these legislators who are in the process of trying to defend democracy in Texas,” Holder responded.
“And they’re not hard to find, but the question after that is, ‘Well, what’s the federal jurisdiction? What federal statute has potentially been violated? What’s the basis for any federal government interaction?’ And I would say that there is none,” he added.
Texas Democratic state House members left the Lone Star State last weekend amid a redistricting battle between themselves and Texas Republicans. The move resulted in outcry from members of the state’s GOP, who have been trying to move ahead with a controversial redistricting plan that could cost Democrats seats in Congress.
Sen. John Cornyn (R-Texas) said Thursday that FBI Director Kash Patel approved a request to assist state and local law enforcement in finding the absconded Texas Democrats.
“I am proud to announce that Director Kash Patel has approved my request for the FBI to assist state and local law enforcement in locating runaway Texas House Democrats,” Cornyn said in a statement Thursday morning.
Texas Gov. Greg Abbott (R) also said Thursday that the FBI was “tracking down” the Democratic lawmakers.
“Texas DPS and the FBI are tracking down the derelict Democrats. They will be taken directly to the Texas Capitol,” Abbott wrote on the social platform X.
Cornyn’s office noted his thread on X last Friday in which he said that “The Interstate and Foreign Travel in Aid of Racketeering Enterprises statute, also known as the Travel Act, 18 U.S.C. § 1952 makes it illegal to cross state lines to carry out unlawful activities.”
“Specifically, to violate the statute, an individual must: (1) travel in or use interstate commerce; (2) with the specific intent to promote, manage, or carry on an unlawful activity; and (3) knowingly commit an act to promote, manage, or carry out an unlawful activity,” the senator added.
When reached for comment by The Hill, the FBI declined to do so.
Updated Aug. 11 at 3:08 p.m. EDT