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Court issues restraining order against Indiana man’s Texas plan

Texas Attorney General Ken Paxton alleges the West Texas property lacks sewer access, septic systems, running water, and has a
Texas Attorney General Ken Paxton alleges the West Texas property lacks sewer access, septic systems, running water, and has a “burn pit” dug in the ground to dispose of trash and human waste. | Image via Texas Attorney General’s Office

Texas Attorney General Ken Paxton has secured a temporary restraining order (TRO) against an Indiana resident and self-proclaimed 2028 presidential candidate, thus halting what Paxton described as an “illegal and deceptive political scheme.”

The Oct. 15 court order stops Malcolm Tanner of Crawfordsville, Indiana, from offering “free” homes and up to $5,000 a month to individuals willing to move to Loving County — the least populated county in the continental United States — settle on his undeveloped land, and vote for his preferred political candidates in a bid to seize control of local government ahead of the 2026 elections.

In January, Tanner purchased two adjoining 5-acre tracts of barren land in unincorporated Mentone — located at 2985 Private Road 3008, about 60 miles west of Midland — with no utilities, septic systems, running water or improvements.

He began recruiting supporters via social media platforms like TikTok in the following months, targeting what he calls the “Melanated People of Power” — many of them women with children — luring dozens to the site with promises of free housing and lifelong financial support in exchange for aiding his political takeover. 

Loving County, with just 64 residents, according to the 2020 Census, has become the unlikely focal point of Tanner’s ambitions. Recruits have settled into RVs, tents and makeshift shelters, relying on gas generators for power and using a crude “burn pit” dug in the ground to dispose of trash and human waste — leading to severe health and environmental risks. The setup has drawn concerns about organized criminal activity, including alleged threats against local law enforcement and oil-field workers by at least three individuals involved.

Paxton’s lawsuit in Loving County’s 143rd Judicial District Court accuses Tanner of violating the Texas Health and Safety Code on sewage disposal, the Texas Deceptive Trade Practices Act through false advertising and misrepresentations, and engaging in a criminal conspiracy. 

“Indiana resident Malcolm Tanner has no right to try and take over Loving County with illegal schemes that endanger real Texans,” Paxton said in a statement Friday. “His deceptive and unlawful scheme to lure people with free housing for the purpose of conducting a political takeover is a disgustingly fraudulent plot to line his own pockets. I will not stand by while frauds try to carve up Texas for themselves and make everyone sicker and less safe along the way.”

The court found that Tanner and his associates violated Texas Health and Safety Code section 341 by discharging sewage in a manner that could contaminate soil, sub-surface drinking water or create potential for disease transmission, deeming the situation an “immediate and irreparable” public health risk and public nuisance.

The TRO prohibits further waste discharge, bars additional residents until compliance with health codes, and seeks penalties up to $10,000 per violation plus daily fines. It also aims to prevent voter registration irregularities that could tilt local elections.

In response to the TRO, Tanner issued a statement defending his actions as a stand for constitutional rights: “I, Dr. Malcolm Tanner, want the people of Texas and this country to know that I respect the authority of the Court and will fully comply with its orders. At the same time, I want the people of Loving County, of Texas, of America, and of the world to understand what is at stake here. We are living in a moment that will be remembered. It is not simply about one man or one family, or even about one piece of land. It is about whether the rights promised to us as Americans are real — or whether they can be trampled by intimidation, harassment, and fear.”

Tanner, who refers to his supporters as “Melanated People of Power,” boasted about his efforts to “take the entire county over” in a July post on TikTok. “Not too often do you see a brother that looks like me come into the county and take the entire county over,” he said. “Well, I have taken the entire county over, out here in Loving County, Texas. When these elections hit in 2026, we’re going to wipe the board. Everybody that I selected will be elected.”



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From State v. Every, decided by the Tennessee Court of Criminal Appeals…

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