After Texas refused to back down and hand over control of Shelby Park in Eagle Pass, Texas, to federal authorities, President Biden banned all new liquid natural gas (LNG) export approvals. While Biden claimed this was a climate-related decision, many criticized the timing, since it will likely hurt Texas' economy. So, was this Biden's revenge on Texas for trying to secure the border? Texas Attorney General Ken Paxton tells Glenn that he has "no doubt." Paxton joins Glenn to explain the state's latest border moves and address critics who say his razor wire lawsuit doesn't mention Texas' right to defend against invasion. Plus, he gives his take on the “Take Our Border Back” trucker convoy.
Transcript
Below is a rush transcript that may contain errors
GLENN: Attorney General Ken Paxton joins us now. Hello, Ken, how are you?
KEN: I'm well, good morning.
GLENN: Good morning.
So I just have to say, I read your -- I read your letter, to the general council of the US Department of Homeland Security. And I thoroughly enjoyed it.
This particular paragraph, I would like to quote.
You are talking to a man, who the Department of Homeland Security and the federal government has said, we have government land. And you're not letting us use and access our government land. So we can get down to the river.
You said, second, you say, the United States acquired a perpetual easement from the city of Eagle Pass in 2018.
What I said last week about the 2015 MOA, I'll say again now, about your latest claim. Quote, Texas never approved that transaction, as required by article four, section ten of the Texas Constitution.
Your federal agency cannot have something, that it was not the city's right to give.
You are invited to read that document, here.
And you'll hyper link to the Constitution.
But even if the 2015 MOA were somehow valid, you're not seeking access consistent with its terms. The nonexclusive easement from 2018, is attached for your convenience.
Its press purpose is to allow maintenance of a road, along the river, including the right to trim trees or other obstacles within the roadway.
Elsewhere, the 2018 easement prohibits the United States from making any permanent improvements, other than roadway without written city approval. If your federal agency wishes to help the municipal officials with tree trimming and road maintenance chores, I suspect they would appreciate the help.
The 2018 easement, however, nowhere contemplates allowing the federal government to deploy infrastructure that President Biden will use to waive thousands of illegal aliens into a park that will continue to be and used and enjoyed for recreational events.
I -- I -- I found your clarity enjoyable.
(laughter)
KEN: Me too.
GLENN: Yeah. Yeah.
KEN: I mean, it's not complicated. And they keep misstating what actually is true.
And you know that. About the border. And then about this particular case.
Because the law and the facts do not back them up. And so they make claims about how it's their property.
And how they have claims with the city. Obviously, not based in any fact.
So, anyway, it's -- it's the way they operate. It's how they've operated for three and a half years.
And he we will hope that the electorate gets it, and realizes how bad this is.
GLENN: So there's been people saying that, none of this constitutional stuff, was argued with the last case that was in front of the Supreme Court.
And if I'm not mistaken, that's true. You're arguing an invasion backed up by eight different letters. Given to the president.
He ignored all eight of them.
This is -- this is an attempt, I think, to get them, into the Supreme Court, is it not?
KEN: Yes. So it was what? Ten, 12 years ago, that Obama sued Arizona over their law, which tried to protect Arizona.
And Robert v. Kennedy, and the three little judges came in and said, it's preempted by federal law.
But it is true also, that we've seen a very different border than we've ever seen, and the consequences of that decision is that it dramatically negatively impacted the country.
I don't even know if you can measure it.
Both socially and economically. But it's also true, that it was argued that there was an invasion. So this is a different argument, in front of a very different court.
And we're hopeful that we can get at least the five justices that are not Roberts. And maybe that Roberts, if he starts realizing how bad that decision was.
GLENN: So, I mean, you have a -- the only case that I think that they could make, that the American people would understand is, well, this is not an invasion.
That's not what the Constitution meant by invasion. And we could argue that point all day long. And win a thousand times.
However, you're not the only one saying it. Now you have 25 governors saying it. And the state of Mexico is now saying, that they fear there's an invasion of their company, or country.
Coming in from the Southern border. Their Southern border.
KEN: Well, you're right. There's more people saying -- more recognizing it. It's become common knowledge. Common understanding.
It's also true. I don't think any of these states would have joined the confederation, or they were signed on to the Constitution. And I don't think Texas, be surely, at that time, would have signed on. If they believed. That the federal government would have passed laws.
About people coming across the border. And somehow not enforce those laws. And then the state would be prohibited from defending their orders, and they would have to allow all kinds of crime and who knows who coming across the border, including terrorists. I cannot believe that was the understanding at the time.
So it's difficult for me to believe, that that's what the Founders meant. And that's what really matters here.
What did the Founders envision?
GLENN: So I want to go back to this. Because Ken Cuccinelli and others have said, Paxton and Abbott are not asserting the invasion clause in the border fence case.
They did in the Buie case, but not this one. This is separate, correct?
KEN: Yes. There are separate cases. One, we were sued by the federal government. The other, we sued the federal government.
So we had different arguments for different cases. We made the invasion argument. The governor has declared an invasion. You can quibble over how we use it, when we use it. I guess if Ken wanted to write the brief, he can come in and try to help us.
But the reality is, you know, we've got a pretty good team, that is pretty successful in the Biden administration.
I guess you can say, they're not perfect. They don't get 100 percent of the wins. Guess what, we don't decide the cases either.
I don't necessarily think, that if Ken had the pen on every case, if he would get it all right either.
Or that we necessarily agree with him, on every particular point.
GLENN: But it's my -- and excuse me. I'm way, way out of my league on this one.
But it seems to me, that this is something entirely new.
What happened last week, after the decision, that this is entirely new. And you're trying to either get the government to try to sue you. Or you in a place, to where you have to sue the government.
So this is entirely separate, is it not?
KEN: That's correct. And we also have another law going into effect. We have the Buie case. We have the Concertina wire case, which is still going, despite the fact that the Supreme Court stopped the injunction.
We still have that case going in the fifth circuit. We also have -- we aren't even sued bit federal government and the ACLU, over a law that was passed and goes into effect. Passed by the legislature. State legislature. Goes into effect, I think March 5th.
And it says Texas can start deporting on its own. So all of these cases will be opportunities for us, to make the argument, hey, we're being invaded.
Hey, this decision that you made in the past cannot be right, given the consequences to our state. The federal government shouldn't be able to pass laws. And not not enforce them. They're actually aiding and abetting the cartels. They can't be allowed to help the cartels. Then we have to sit on the sideline. Suffer the terrible consequences of that decision.
GLENN: All right.
Back with Ken Paxton with more in just one minute, 60 seconds time. First.
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GLENN: Ken, what happens if the president says, I'm going to federalize the National Guard?
KEN: So he -- he has the right to do it. There's -- obviously, I think that's a bad decision. I think it's also a bad decision for his election changes. Because his numbers on the immigration issue are not good. And he -- if he takes over our National Guard, and makes it even harder for us to protect the border. Then I think that hurts him in the coming election.
So he has to make a choice here.
Does he want to continue to damage his reputation, and his standing on the immigration issue?
Or is he going to go forward with his policy for the last three and a half years. Which is dismantle every law that we have in place, to help the cartels, accomplish their goals of getting as many people here as possible. And building their network and our country.
GLENN: And he would probably have to nationalize the National Guard for 25 different states. Because they're sending their National Guard, right.
Yeah. Every state that sends the National Guard. I would assume, he would have to take him too.
So it will be very confrontational. It will be very directed at the states. And it will be very directed at helping the cartels continue their operation on the border.
GLENN: Do you think the L and G decision that came out. This weekend.
About natural gas, sales being curbed, for overseas.
For the next year.
Do you think that was directed to Texas.
KEN: Oh, I have no doubt.
That was at least a side part of it.
Obviously, they don't like any fossil fuels.
Even if they're clean burning fossil fuels.
They have -- they have enriched many people, dealing with this all this alternative stuff, that doesn't work yet.
It's not affordable for most Americans. There's no doubt in my mind. They were probably enjoying the fact, that it would hurt the Texas economy.
I think that's what the border is about.
The other part of what they're doing is they're bringing people into our state. So that we have higher costs.
We have law enforcement costs.
Health care costs.
We have education costs.
And they know that. And they know the Republican state has been successful, versus the Democrat states.
That's people voting with their feet.
And I think they're doing their best to damage and harm, in any way possible, even if it means higher crime, the Republican states.
GLENN: So, Ken, this is crazy conversation we're having.
KEN: It is. It's hard to believe I'm saying this. It sounds so conspiratorial. I can see what they're doing.
It's not like a secret, it's all out in the open. So for me to say that, I'm just commenting on nothing secret. I'm commenting on what I see.
And it's pretty obvious, this hurts our state.
It's pretty obvious. They're bringing these people in.
They want them to vote.
They want to use them in their congressional drawing.
It's pretty obvious, they will bring people to the Republican states. They will hurt the Republican states.
GLENN: So Friday, there was this moment, when the president said, yeah. You have twenty-four hours.
That it sounded like, wait. Twenty-four hours, for what?
And giving people the -- I mean, we're entering times.
If things go awry.
God help us.
I don't want this.
If things go awry. You will have the ambiguity of, wait.
Do I answer that law or this law?
And this is what a constitutional crisis looks like.
Do you -- do you see -- have you guys talked about that being a real possibility, that he does something really foolish? That causes real trouble?
KEN: Yeah. We've certainly talked about it. We've certainly thought about it. It's hard to imagine that he would somehow try to create some armed violent conflict. That certainly doesn't make a lot of sense. And if you think about it, people on the border -- Border Patrol agents, they're on our side. They don't like what Biden is doing. None of those people. They're all working together. They're all friends. They all know each other. Whether it's the National Guard. State police. Border Patrol.
They all have the same goal. They're just being forced by Mayorkas and Biden. To not only ignore the law. As I said, it's more than ignoring the raw. It's actually dismantling, and telling the cartels, we will help you. Don't worry about hiding people anymore.
They used to try sneak across. We'll -- we'll make it very efficient for you.
Seeing, they're making ten to $12,000 a person. So it's very helpful for the cartels to have the Biden administration doing this. And they know that. And that's why they're incentivized to get as many people here as possible.
GLENN: What do you think of the trucker convoy?
Is that helpful?
KEN: Oh, I would love to see the border shutdown. The reality is, anything that makes Biden blink and stop doing this, and economic consequences, when things aren't being shipped back and forth. Having economic consequences.
That's why we do economic sanctions. If this is the way we stop the terribleness. I don't have a problem with anything like that, that affects commerce and sends a message to the Biden administration. It's like a strike.
GLENN: Right.
KEN: And send a message.
GLENN: I worry, only because, you know, up in Canada.
Look what they tried to do with the truckers.
And did. But this is in Canada.
And as long as there are no infiltrators in there. They will be fine.
But again, this isn't Canada.
The law enforcement will not be looking to pick a fight with the truckers.
They will actually, I think, be more in line with. If there's somebody out of line. They will arrest them quickly.
But not necessarily blame it on the truckers. Unless the truckers were doing it. But I doubt that.
KEN: No. I agree with you. I don't think we have the same mentality as the Canadians. I say we.
I'm sure the Biden administration does.
They're in line with the Canadian government. There's no doubt about that. But I'm saying general law enforcement, is not sympathetic to federal law being violated.
And the cartels being enriched and helped.
GLENN: Right.
What do you -- what are you saying to the other 25 states, and is there a chance that any of the others -- like Denver just said, we're out. We have nothing. You have to get out of our homeless shelters. Because we can't afford to keep this. Or any of the other states possible on joining?
KEN: Yeah. Look, I think this is going past Republican/Democrat. You can see. These sanctuary cities were created during the Trump immigration. To complain about Trump enforcing the immigration law. Then when Biden came in, they started getting a trickle -- I say trickle, compared to what we have to deal with. And suddenly they're realizing, wow, this is really expensive, and it has high cost, both economically and socially. And they realize, this is not a good thing for our city. And I think you will see more and more cities. They literally -- just not enough money to pay for the entire cost, of millions and millions of people, moving into our country.
And we all be suffering for this, for a long time. And I think this hurts Biden in the upcoming election.
It hurts the country for obviously much longer than that.
GLENN: I know you don't have any of the details. Nobody does, and that's always a special surprise in these things.
But the bipartisan bill that Biden is trying to get through. Any thoughts on that?
KEN: I'm very suspicious. I don't want to give in and start allowing people in, in violation of our current laws. That doesn't solve the problem.
It just supposedly -- it's a deal for something that actually hurts the country.
So I'm not for -- I'm not against immigration. But let's make sure that it makes sense, and we're not hating, because Biden administration violated the laws for the last three and a half years.
And we will say, well, because he's letting in, you know, millions a year. We will say, he can only let in a million.
Well, that's not the way to answer this. They should follow federal law, and if they want to change the law, make it something that is good for America. Make it something that makes the system more efficient.
GLENN: Ken Paxton. The Texas attorney general, on Texas constitutional right to protect its border. Ken, Godspeed. Stay safe. Thank you.
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KEN: Thank you, have a great day.
GLENN: All right.