By Chase T. Boss, Staff Writer
Courtesy of Pexels
“Everything is bigger in Texas.”[1] More than a popular adage, the political drama of the Lone Star State manifested into the trial of Texas Attorney General Ken Paxton on twenty articles of impeachment.[2]
Over the past two weeks, televised sessions of the Texas Senate presented the trial of the third sitting official in Texas history to be impeached.[3] On September 16, Paxton was acquitted of all articles against him and will continue to hold his office until at least 2026.[4]
Since taking office in 2014, Paxton has been party to several scandals. Within a year of becoming Texas’s chief law enforcement officer, Paxton was indicted on securities fraud charges by a grand jury.[5] Since then, he has become a solid ally to former President Trump, a strong figure for the hard right, and known for his anti-Biden litigation.[6] Notably, Paxton was later sued by the disciplinary committee for the State Bar of Texas for professional misconduct related to an attempt to overturn the results of the 2020 presidential election.[7]
So, what exactly did Paxton do since then to provoke impeachment proceedings? It all boils down to one individual – Nate Paul.
Paul, a real estate developer, donated $25,000 to the Paxton campaign in 2018, and, according to his senior staffers, AG Paxton had recognized their shared belief that corrupt law enforcement agencies were targeting them.[8]
Paxton allegedly used his role as an AG to intervene with Paul’s legal troubles by pressuring staff to litigate certain matters and issue subpoenas meant to intimidate Paul’s opponents.[9] In return for giving the power of the State’s legal resources, Paul paid in hefty home renovations and solicited an affair for Paxton, providing a burner e-mail for a fake Uber account to travel and visit his mistress.[10]
In 2020, Paxton’s aides sent a letter to the FBI, accusing their boss of abuse of office, bribery, and improper influence.[11]Once Paxton became aware that members of his staff reached out to the federal investigative agency, Paxton wired nearly $120,000 to a Paul-affiliated company to allegedly cover up the bankrolled renovations.[12] The next day, he fired four of his employees with four others resigning.[13]
Under the Texas Whistleblower Act, four former deputy attorneys general sued, contending that their termination was a direct result of their complaint to the Bureau.[14] The settlement was reached earlier this year, resulting in Paxton agreeing to pay $3.3 million to the plaintiffs.[15]
His impeachment gained traction when he turned to state legislators to foot the bill, requesting that state funds pay for that $3.3 million settlement.[16] At that time, an impeachment vote was held where it was decided by 121-23 that impeachment was justified.[17]
Once impeached, Paxton said the trial was a “sham” and expected to be acquitted.[18] He spoke out against those in his Republican party who voted against him, labeling them as Republicans in name only (“RINOs”).[19]
Paxton hired attorneys Tony Buzbee and Dan Cogdell to represent him in the impeachment proceedings. The state impeachment manager was attorney Rusty Hardin. All counselors have decades of experience and established professional relationships with one another.[20] Hardin represented NFL quarterback Deshaun Watson against allegations of sexual misconduct brought on by women represented by Buzbee. Cogdell and Hardin are also familiar with each other, as they represented executives and accounts in the Enron scandal several years ago.[21]
The trial began on September 5 and included twenty-four hours, 4,000 pages of evidence and extensive witness testimony.[22] After two weeks, the “jury,” consisting of thirty voting members of the State Senate, was responsible for casting their votes for or against impeachment.[23]
As the votes came in on Saturday afternoon, it was clear that Paxton would not be impeached. The AG was acquitted of all twenty articles and is now permitted to return to work.[24] Paxton’s impeachment, regardless of the result and the message to leaders in both public law and partisan groups, is nothing short of significant.[25] Those attorneys who serve the public may look at this case and further remind themselves of the continuous commitment to the ethical obligations they are to uphold.[26]
As to Nate Paul, he was arrested and charged this past June on eight federal felony charges related to financial records.[27] The FBI is still investigating the relationship between Paul and Paxton. No charges are pending against AG Paxton other than his 2015 state securities fraud case, which has yet to receive a trial date.[28]
[1] https://original.newsbreak.com/@everything-is-bigger-1776550/3157772856640-everything-is-bigger-in-texas-debunking-and-upholding-the-lone-star-state-s-famous-motto
[2] https://www.politico.com/news/2023/05/27/texas-gop-held-house-set-for-impeachment-proceedings-against-ag-ken-paxton-00099096.
[3] https://time.com/6310866/ken-paxton-texas-impeachment-trial-what-to-know/.
[4] https://thehill.com/homenews/state-watch/4208353-texas-impeachment-heres-why-ken-paxton-was-acquitted/.
[5] https://www.cnn.com/2023/09/04/politics/ken-paxton-impeachment-texas-attorney-general/index.html.
[6] https://www.cnbc.com/2023/09/06/texas-ag-ken-paxtons-impeachment-trial-begins-with-a-former-ally-who-reported-him-to-the-fbi.html.
[7] https://www.texastribune.org/2022/05/25/texas-bar-ken-paxton-2020-election/.
[8] https://time.com/6310866/ken-paxton-texas-impeachment-trial-what-to-know/.
[9] https://www.cnn.com/2023/09/04/politics/ken-paxton-impeachment-texas-attorney-general/index.html.
[10] Id.
[11] Id.
[12] https://www.kut.org/politics/2023-08-18/3-key-takeaways-from-nearly-4-000-pages-of-evidence-against-ken-paxton.
[13] https://thehill.com/homenews/state-watch/3853296-texas-ag-paxton-to-pay-3-3m-settlement-to-whistleblowers/.
[14] https://www.texastribune.org/2023/02/09/ken-paxton-attorney-general-settlement-whistleblower/.
[15] https://www.cnn.com/2023/09/04/politics/ken-paxton-impeachment-texas-attorney-general/index.html.
[16] https://www.texastribune.org/2023/03/13/legislature-ken-paxton-whistleblower-settlement/.
[17] https://www.cnn.com/2023/09/04/politics/ken-paxton-impeachment-texas-attorney-general/index.html.
[18] https://time.com/6310866/ken-paxton-texas-impeachment-trial-what-to-know/.
[19] https://www.texastribune.org/2023/05/27/ken-paxton-impeached-texas-attorney-general/.
[20] https://www.cnn.com/2023/09/04/politics/ken-paxton-impeachment-texas-attorney-general/index.html.
[21] https://www.cnn.com/2023/09/04/politics/ken-paxton-impeachment-texas-attorney-general/index.html.
[22] https://www.kut.org/politics/2023-08-18/3-key-takeaways-from-nearly-4-000-pages-of-evidence-against-ken-paxton.
[23] https://www.cnn.com/2023/09/04/politics/ken-paxton-impeachment-texas-attorney-general/index.html.
[24] https://apnews.com/article/ken-paxton-impeachment-acquitted-texas-2b2fae98e0552b4e1da554c0752b9ddd.
[25] https://www.newyorker.com/news/letter-from-the-southwest/the-ken-paxton-verdict-is-not-the-vindication-republicans-want.
[26] https://www.naag.org/issues/ethics/.
[27] https://www.cnn.com/2023/09/04/politics/ken-paxton-impeachment-texas-attorney-general/index.html.
[28] https://nypost.com/2023/09/05/ag-ken-paxton-gave-keys-to-office-to-donor-in-scheme-prosecutors/.