Texas AG Ken Paxton Runs From Process Server With Abortion Lawsuit Subpoena

Texas Attorney General Ken Paxton tried to avoid being served a subpoena by fleeing his home in a truck, an affidavit filed on Monday says.

The document is related to a lawsuit filed by an abortion rights group that wants to block state officials from enforcing the local abortion ban on conduct that occurred out of state or before Roe v. Wade was overturned, in June.

According to the affidavit, Ernesto Martin Herrera, a process server, was attempting on Monday morning to serve Paxton at his home with a subpoena for a federal court hearing Tuesday.

Herrera knocked on the front door and Paxton’s wife, State Senator Angela Paxton answered and said the attorney general was on the phone and in a hurry to leave. So the process server decided to wait in his car.


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Almost an hour later, a black truck arrived at the driveway and Paxton exited the garage. Herrera tried to approach him but the attorney general ran back inside the garage.

“As soon as he saw me and heard me call his name out, he turned around and RAN back inside the house through the same door in the garage,” Herrera said in the affidavit.

A few minutes later, Angela Paxton left the house, entered the vehicle and started it, leaving the back door opened. The attorney general, then, exited the garage once again and ran into the car.

Herrera, this time, yelled at Paxton but was ignored. Ultimately, he left the documents on the ground.

“I approached the truck, and loudly called him by his name and stated that I had court
documents for him,” the process server said. “Mr. Paxton ignored me and kept heading for the truck. After determining that Mr. Paxton was not going to take the Subpoenas from my hand, I stated that I was serving him with legal documents and was leaving them on the ground where he could get them.”

Paxton said on Twitter the subpoena was a “waste of time” and criticized the media coverage of it.

“They’re attacking me for having the audacity to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family,” the attorney general said.

Marcello Correa

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