AUSTIN, Texas – Texas Governor Greg Abbott says the House Committee on Criminal Jurisprudence “stepped out of line” by subpoenaing death row inmate Robert Roberson and delaying his execution.
In a letter submitted to the Texas Supreme Court, Abbott argues that through the Separation-of-Powers Clause in the Texas Constitution, the power to grant clemency in a capital case, including a 30-day reprieve, rests with the governor alone.
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“In this case, however, actions by a single committee of a single chamber of the Legislature have had the effect, both legally and factually, of granting (at least) a 90-day reprieve,” Abbott states in the letter. “Indeed, the House Committee on Criminal Jurisprudence conceded as much in its response brief field earlier today.”
Abbott argues unless the tactic is rejected by the Texas Supreme Court, it can be repeated in any capital case, effectively rewriting the Texas Constitution to reassign a power given only to the governor.
“Here, the House Committee on Criminal Jurisprudence has stepped out of line. The Legislative Branch is supposed to move first,” Abbott said.
Because the Texas Legislature acted only in the hours leading up to Roberson’s planned execution, the Governor says they overstepped their authority, taking action at a time when the only one with the authority to do so according to the Constitution is the Governor.
“In all that time, even when it was clear that Roberson’s execution date was nearing and the Article 11.073 issue was manifest, the House Committee could not trouble itself with seeking Roberson’s testimony. Only at the eleventh hour, when the Constitution empowers the Governor to make the last move, did the House Committee decide to violate the Separation-of-Powers Clause,” Abbott says.
Governor Abbott is calling on the Texas Supreme Court to dismiss the subpoena of the Legislature for Roberson.
“There is no reason to delay. At a minimum, though, the Court should immediately vacate the temporary injunction, which rests on a subpoena that, on its face, was not signed by the officer required by law,” Abbott said.
You can read the full letter below: