Texas Gov. Greg Abbott has told a right-wing radio host that there’s only one tool the state isn’t using to stop migrants from crossing the border into Texas: gun violence, because it would prompt a response from the pesky federal government.
“The only thing that we are not doing is we’re not shooting people who come across the border—because, of course, the Biden administration would charge us with murder,” the Republican governor told former NRA spokesperson Dana Loesch on her radio show last week.
The Judiciary doesn’t decide prosecution, the Attorney General does.
In this case, that would be Merrick Garland, who was appointed by Biden, and serves on Biden’s Cabinet.
Do remember that the President of the United States is the head of the Executive Branch, of which the Department of Justice is a part. This is basic High School civics stuff.
The AG acts independently of the president. This issue will never land on the president’s desk. The only recourse he has is to fire the AG if he does (not) prosecute. If he does that he should be impeached.
That “independence” is mostly a fiction.
It’s not actually enforced by any law.