Ken Paxton was caught on camera pocketing an expensive pen, charged with securities fraud so real it produced a mugshot, and told by his own party’s incumbent that judgment day was coming, and the apparatus rewarded him with the nomination and a likely seat in the United States Senate.
Don’t change the subject, dear. Eight years ago, a Democrat aired the camera footage of the pen. Four years ago, a Republican put Paxton’s fraud mugshot on a billboard and called him a crook. Earlier this year, the sitting United States senator faced off in the GOP runoff saying judgment day was coming, and then lost his own primary. All three failed. The campaign adviser watching from the losing side called it an ability to “take shots and just keep moving on.” But taking a pen is not taking a shot. Taking a pen is taking a pen. And taking a pen while you are the state’s chief law enforcement officer is just taking the law.
The machine is not broken; it is working exactly as designed. The law binds the out-group, but protects the in-group. The kid who shoplifts a pen gets a record. The billionaire who launders cartel money gets a deferred prosecution agreement and a fine written off as a tax-deductible cost of doing business. The shoplifter in the silk tie gets a promotion.
I have watched this movie since the savings and loan crisis, and the cast changes but the plot is identical. HSBC spent years laundering money for Mexican drug cartels and in 2012 bought a deferred prosecution agreement — not a single executive was charged as part of the settlement. The Sacklers built a multibillion-dollar empire on OxyContin and the bodies of the addicted, and have never faced a criminal charge. Wells Fargo opened millions of fake accounts and settled with the bank itself, while the executives who ordered the fraud kept their wealth. The mechanism is the same: the powerful behave badly, the apparatus absorbs the scandal as a cost of doing business, and the out-group is left holding the bill.
Now the Texas Senate general election pits Talarico against Paxton in November, but the real trial ended the moment the state party handed him the nomination despite the mugshot. The question is not whether Talarico can change the vote. The question is why a man caught on camera stealing a pen and charged with fraud was ever allowed to run for a federal office in the first place. The blindfold has not just slipped; it was taken off and sold for parts.