Abuse of Power

“The concern in some of those states is that the legislators will simply use a special session to secretly pass maps with zero public scrutiny, and then count on a tight timetable to eke out at least one election cycle” before a court could require new maps to be drawn, said Kathay Feng, the redistricting and representation director at Common Cause.

There is cause for fresh alarm over voting rights in Texas. Gov. Greg Abbott revealed his priorities for the 2021 Texas Legislative session, designating “election integrity” as an emergency item that lawmakers can vote on within the first 60 days of session, potentially bypassing the due deliberation and public input this issue deserves. House Speaker Dade Phelan named Rep. Briscoe Cain as the chair of the House Elections Committee, despite his notoriety for traveling to Pennsylvania to help overthrow the results of the 2020 election. These actions signal an escalating attack on voting rights in a state that is infamous for being among the hardest in the nation to cast a ballot. It feeds and amplifies dangerously false rhetoric designed to undermine trust in our democratic system and prioritize partisan interests over the will of the people — exactly what fueled the failed white supremacist insurrection at the U.S. Capitol just weeks ago.

“Congress should also explore the idea of independent clemency boards to review clemency petitions and advise the president. This could eliminate biases and conflicts of interest inherent in the current system, which often relies on prosecutors at the Department of Justice to serve as a check on their own prosecutions. Members of such a clemency board should reflect our country's diversity and be representative of stakeholders inside and outside the criminal justice system,” said Karen Hobert Flynn, president of Common Cause.

Tomorrow at 9:00 a.m., Common Cause President Karen Hobert Flynn will testify before the House Committee on the Judiciary’s Subcommittee on the Constitution, Civil Rights, and Civil Liberties on the “Constitutional Means to Prevent Abuse of the Clemency Power.” Her full written testimony was submitted to the Subcommittee in advance of the hearing. Other witnesses include Georgetown University Law Professor Caroline Fredrickson and historian Timothy Naftali of New York University.

“Big time bait-and-switch by Donald Trump and a bunch of other politicians lower in the food chain capitalizing on that opportunity — to rip their own supporters off, really,” said Paul S. Ryan, vice president of policy and litigation at Common Cause, a government watchdog group in Washington, D.C. “The donors who were defrauded by and large in November and December by team Trump — these were elderly Republican donors who …it’s just despicable to prey on that donor pool, in my opinion,” Ryan said.

“Texas already makes it harder to vote than any other state. Rep. Briscoe being put in charge of the Elections Committee is a clear signal that the politicians in charge intend to make it even harder,” Anthony Gutierrez, the head of Common Cause Texas, a non-partisan public-interest group, said in a statement. “We’ll be fighting to stop them at every step.”