Guess Texas AG Ken Paxton Would Like 'Threatened To Shoot A Process Server' To Be A Three Day Story!

Oh you think he's a dick? Get a load of his assistant attorneys general!

Everyone has been very cruelly making fun of Texas Attorney General Ken Paxton for fleeing a process server Monday, when he repeatedly ignored the man's attempts to serve him a subpoena to testify in a lawsuit. Paxton first insisted that he was being unfairly attacked for his decision to "avoid a stranger lingering outside my home," then later escalated his version of events, suggesting that he'd have been justified in shooting the "strange man" who had "yelled unintelligibly, and charged toward me" without warning, because that's how you Stand Your Ground.

Wednesday evening, the Texas Tribune reported that in fact, the plaintiffs in the lawsuit had tried for several days to serve Paxton the subpoena at his office, and that they had even notified Paxton's office Monday morning that the process server was at Paxton's home, before Paxton fled in a pickup truck driven by his wife, state Sen. Angela Paxton. Paxton's attorneys say that they had no idea that the subpoena would be served at Paxton's home, and have even condemned the plaintiffs for putting the Paxtons in danger somehow. At this rate, we suppose someone might still end up getting shot.

On Tuesday, US District Judge Robert Pitman quashed the subpoena at the request of Paxton's attorneys, but the plaintiffs have asked him to reconsider that decision and have Paxton testify at a later hearing.

The lawsuit, which seeks to throw out Texas's prohibition on abortion funds that want to help Texans get abortions in other states, was filed in August, and names Paxton as one of the defendants. The plaintiffs wanted Paxton to testify at a hearing Tuesday on their motion for a preliminary injunction that would allow them to help Texans with travel and abortion costs until there's a trial. The Tribune   details the plaintiffs' attorneys' attempts to get Paxton to show up:

Four days before the hearing, on the morning of Friday, Sept. 23, Austin attorney Elizabeth Myers emailed assistant attorney general Amy Hilton, saying that since it was not clear whether Paxton intended to be at the hearing, they were going to issue a subpoena out of “an abundance of caution.”

“I assume you’d like for us to serve that through you, but will you please confirm by noon today that you will accept service,” Myers wrote. “Otherwise, we’ll start the personal service process. I’d really prefer not to have to do that, of course.”

Hilton didn't confirm that, so the attorneys sent a process server to the AG's office Friday afternoon. Then on Sunday, things got stupider when

attorneys from the Texas attorney general’s office told Myers that the subpoena was invalid because it was served through Paxton’s office but sought to depose him in his individual capacity, according to the plaintiffs’ motion before Pitman.

Attorneys for the state said that Paxton would be represented in his official capacity at the hearing by assistant attorneys general, and “declined to clearly indicate whether they would accept a revised subpoena,” according to that motion.

After some inconclusive back and forth on whether Paxton's office would accept a revised subpoena, Myers emailed Hilton Sunday evening to ask her to "let me know ASAP if you are authorized to accept service so I can adjust our process server instructions."

Paxton's attorneys contend they had no idea at all that the plaintiffs intended to serve Paxton at home, which apparently can't be done to important people.

Then on Monday morning, process server Ernesto Martin Herrera arrived at the Paxton home in McKinney, Texas, with two subpoenas, just to cover all the bases. One called for Paxton to testify as an individual, and the other for him to testify with his official "I am the Attorney General" hat on.

In his sworn federal affidavit, Herrera says he'd knocked on the Paxtons' door, which was answered by Paxton's wife, state Sen. Angela Paxton, and that he had told her he was there to deliver court documents, and had given her his card. That's a far cry from Paxton's contention that some weird incoherent shouty stranger rushed at him as he headed for a state Tahoe SUV that had come to pick him up — about an hour after Herrera had gone to the Paxtons' door.

What's more, the Tribune reports, the plaintiffs' attorneys had also notified Paxton's office to let them know a server was at the Paxton home:

About 45 minutes after the server arrived at the Paxton residence, Myers sent Hilton an email, titled in part, “General Paxton is refusing and evading service this morning.” Myers said that Paxton was refusing to come to the door and that she had instructed the server to remain and continue to attempt to serve the subpoena.

“I wanted to let you know of this development and that we’ll need to report that to the Court,” Myers wrote. “We remain happy to serve General Paxton through you, as counsel, of course.”

Just to confuse political bloggers, a whole 'nother Hilton replied, this time assistant AG Christopher Hilton, who said no, we're not authorized to accept a subpoena for Ken Paxton the individual, although Hilton was silent on Paxton the person, Paxton the agent, Paxton the settler, or even Paxton the corporation.   

Hilton added that he'd be happy to discuss the matter further, "But under no circumstances will we agree to have the sitting Attorney General testify in court."

And a bit after that email, the Paxtons made for their own pickup, with Angela Paxton heading out first to start it and Ken dashing out after — as one does when facing what one believes is a a life-threatening ambush. As Herrera tried again to serve the papers, they drove off, and Herrera left the subpoenas in the driveway, noting in his affidavit that given Paxton's refusal to acknowledge him, he considered them served.

Later Monday morning, Christopher Hilton emailed Myers again to say that unless the plaintiffs were ready to reconsider having Paxton testify in any capacity — perhaps as lion, witch, or wardrobe — the AG's office would "simply take it up with the Court." In another message, he said he looked forward to "reviewing the evidence of your purported service."

Did things get even pissier? Why yes they did!

Once the process server’s affidavit was filed, Christopher Hilton filed an emergency motion to seal the document, citing concerns about Paxton’s unredacted address being shared publicly — though the address was already public information. In the filing, he echoed Paxton’s version of events.

“Because the Attorney General did not know the process server—again, because Plaintiffs’ counsel failed to identify him or warn the Attorney General’s Office in advance—the Attorney General justifiably feared for his personal safety and refused to engage with the strange man who was lurking outside of his home and repeatedly shouting at him,” Christopher Hilton wrote.

Also too, even though Judge Pitman quashed the subpoena, Hilton's filing says the state will not concede that the papers were really served, you see, because Paxton never saw a "process server," just a weird stalker (who'd left his card) shouting at him like a maniac and trying to KILL him.

Hilton also emailed Myers and co-counsel Jennifer Ecklund Monday evening to ask whether Herrera would be able to testify in court. You know, assuming the so-called "process server" even existed and wasn't a dangerous ninja assassin. In yet another email, Hilton chided the plaintiffs for trying to get the Paxtons killed or something:

You never advised us that you would be attempting personal service on the attorney general at his home, and you’ve now endangered his and his family’s personal safety. [...] I had thought you were simply careless but it seems you did so deliberately.

Ecklund, Crom bless her, wrote back and told Hilton to knock it off with the "accusatory tone," although as a professional, she said "cease" instead.

We repeatedly tried to avoid having to serve your client personally, which I agree would have been preferable. Your staff and client necessitated this, and we even advised that he was evading service before it was ultimately completed, to avoid a result embarrassing to you and your client.

Oh, now we see the violence inherent in the system! Those mean leftist babby-killer attorneys are bullying the victim of their dangerous murder plot now! Will poor Ken Paxton ever know peace in his home?

We'll keep you posted on further developments. Maybe Paxton will charge Myers, Eckund, Herrera, and everyone who's made fun of the Yellow AG of Texas with doing a RICO to him.

[ Texas Tribune / Photo:  Texas Attorney General, Creative Commons License 2.0 

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