Following FBI raid and key endorsements, progressive challenger gains momentum in Texas Democratic primary

A primary challenge from the left against Rep. Henry Cuellar, D-Texas, is benefiting from an FBI investigation and the local newspaper’s endorsement before early voting starts next month.

Two years ago, then-26-year-old immigration attorney Jessica Cisneros challenged longtime incumbent Cuellar in the 28th District, which stretches from San Antonio to the Mexican border. She lost by 4 points in a race that highlighted the divide in the Democratic caucus. Cisneros got the support of Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass., as well as Rep. Alexandria Ocasio-Cortez, D-N.Y. Cuellar was supported by members of the Democratic establishment, including House Speaker Nancy Pelosi and the head of the Democratic Congressional Campaign Committee, as well as organizations that typically back Republicans, like the U.S. Chamber of Commerce and the Koch-backed super-PAC.

Last week, the home and office of Cuellar were raided by the FBI. According to a report from ABC News, the action was part of a far-reaching inquiry into ties between the country of Azerbaijan and American businesses. It’s unclear if Cuellar is a target of the probe, but the grand jury handling the investigation has subpoenaed records related to him, his wife and at least one campaign staffer. He currently serves as the co-chair of the Congressional Azerbaijan Caucus.

In a video statement Tuesday afternoon, Cuellar said he was "fully cooperating" with law enforcement, that the investigation would clear him of any wrongdoing and that he was remaining in the race.

While Cuellar deals with potential legal trouble, the Cisneros campaign received a boost Monday when the San Antonio Express-News endorsed her over Cuellar after supporting the incumbent in 2020.

“There should be no 10th term for Cuellar,” the paper wrote, adding, “We decided to recommend Cisneros because she offers a fresh and compelling vision for the district, although she needs to study up on military issues. We appreciate her expertise in immigration law and the potential for her to give voice to border and immigration issues.”

The Express-News noted that its decision had been made prior to the news of the FBI raid, but noted that Cisneros wouldn’t be “distracted by an FBI investigation.” It also said it had been close to endorsing the challenger in 2020 before backing Cuellar.

Julián Castro, the former San Antonio mayor and Housing and Urban Development secretary who endorsed Cisneros in 2020, agreed in a tweet last week, writing, “Rep. Cuellar is entitled to a presumption of innocence of any wrongdoing. But the working families of TX-28 who need a champion in Congress can’t risk losing a Democratic seat because the incumbent is under a cloud of suspicion.”

“We are aware of the news regarding Congressman Cuellar and the active FBI investigation. We are closely watching as this develops,” Cisneros said in a statement. “In the meantime, we are focused on our campaign to deliver change to South Texas families and will not be making any additional comments at this time.”

The Cisneros campaign did send out a fundraising email based on the raid, noting the “trash bags full of items” that were carried out of Cuellar's house by federal agents. Early voting for the Texas primary begins on Feb. 14, and the election will be held on March 1.

A nine-term congressman, Cuellar was the only Democrat to vote against a bill last fall that would have banned certain restrictions against abortion often implemented in Republican-controlled states. He told KGNS TV that the vote was a “matter of conscience.” Last summer, he held a press conference with Sen. Lindsey Graham, R-S.C., in which they were united on proposed border policies.

Cisneros supports Medicare for All, the Green New Deal and a revamped immigration system. As she did in 2020, she has received the backing of the Justice Democrats, the progressive group that helped propel Ocasio-Cortez and other high-profile candidates like Reps. Ilhan Omar of Minnesota and Rashida Tlaib of Michigan to victories. She’s also supported by EMILY’s List, a prominent Democratic group that backs women candidates who push for reproductive rights.

Cuellar won the general election by a comfortable 17 points in 2020, but Joe Biden won the district by only 5 as Democrats fell far below expectations in many areas along the border. The Republican-controlled redistricting process in Texas has since made the district more Democratic, but Republicans are still targeting it for a potential flip this November.

A win for Cisneros in the primary rematch would not be an unprecedented path for a progressive House challenger. In 2018, the Justice Democrats-endorsed Cori Bush lost her primary attempt against Rep. William Lacy Clay in Missouri by 20 points, only to beat him two years later and make her way to Congress.

Marie Newman, another Justice Democrats endorsee, followed the same path in Illinois, losing the primary to Rep. Dan Lipinski in 2018 by 3 points before winning by a similar margin in 2020.