Texas Could Subpoena Harmeet Dhillon on Redistricting Letter

Texas officials could subpoena Assistant U.S. Attorney General Harmeet Dhillon to answer questions about her letter urging the state to redraw its congressional map, after relentless calls from Democrats who want her to explain her demand. 

Meanwhile, the chair of the Senate committee handling redistricting has become the latest Texas official to admit he disagrees with the letter’s rationale.

Dhillon sent Texas officials a letter this month urging the state to make changes to four Texas congressional districts she described as “unconstitutional racial gerrymanders.” Two days later, Gov. Greg Abbott (R) convened a special session to redraw the map, citing the “constitutional concerns raised by the U.S. Department of Justice.” 

The decision to conduct a rare mid-decade redistricting came after pressure from the White House, which is looking to gain as many as five Republican seats in Texas as it tries to hold onto GOP control of the U.S. House.

Now, Democrats say they want answers from Dhillon about her concerns. They note that the state recently defended its existing map in court last month, insisting it was drawn without regard for race. 

State Sen. Phil King (R), the chair of the Senate redistricting committee, said Tuesday he agrees.

“I don’t think the map that is in place for Congress today is discriminatory,” King said in a Tuesday committee hearing. “I don’t agree with the DOJ letter, but I haven’t seen their underlying facts to it – I want to state that. I believe the map I voted for in 2021 was a legal map.”

With litigation over the existing map still ongoing, Texas Republicans find themselves in the perplexing position of arguing the map isn’t racially discriminatory while using DOJ’s claim that it is discriminatory to justify their mid-decade re-draw. 

King said Tuesday he is consulting legislative attorneys to determine whether the state has authority to compel a federal officer to speak, and he plans to hold a Wednesday committee meeting to discuss the option and potentially vote on it.

State Sen. Carol Alvarado (D) argued sending Dhillon a subpoena would convey “the urgency we’re all under” and insisted they aren’t prohibited from doing so.

Alvarado and the two other Democrats on the committee sent a letter Tuesday to King arguing that a state legislative body has the power to issue a subpoena to a federal officer, who then has the discretion to decide whether to comply.

U.S. Sen. Peter Welch (D-Mass.) grilled Dhillon last week at a U.S. Senate subcommittee meeting, pressing her to admit the July 7 letter came in response to Trump’s request, rather than any findings from her department. 

Asked whether she had a conversation with the White House prior to sending the letter, Dhillon refused to answer, claiming it was privileged information. 

“I’m not able to testify without breaching the Department of Justice’s guidelines in that regard,” Dhillon said, “so I’m unable to answer any questions about conversations I may have had with other executive branch officials.” 

Dhillon confirmed the DOJ has not sent a letter to any other state warning that its coalition districts violate federal law.

State Rep. Cody Vasut (R), the Texas House redistricting chair, told his committee at a Monday meeting he was still waiting to hear back from Dhillon about the invitation he sent.

“I have not received a formal response,” Vasut said, adding, to some laughter: “I received an out of office notification.”

A top aide to a Senate Democrat noted to Democracy Docket that Dhillon’s letter asks for a response by July 7 – the same day it was sent — and threatens possible legal action if it doesn’t get a response by then. 

Lawmakers are presuming the deadline is really August 7, though they have no idea how to make sure they’re complying with it, the aide said.