AUSTIN – Attorney General Ken Paxton’s lack of action to correct false claims made by former staffers to the media continues to compound the damage to Nate Paul’s reputation, according to a letter sent to the OAG today.
On Oct. 11, Paul’s attorney, Michael Wynne, sent a letter to the OAG demanding Paxton preserve records over the alleged mishandling of his client’s complaint regarding search warrants used by law enforcement to raid his premises last August.
Wynne has now followed up with a second letter: “Given that these activities continue to adversely impact Mr. Paul, we are again asking for a response.”
“We believe the OAG’s mishandling of the complaints Mr. Paul filed with the Travis County District Attorney and which were referred to your office has resulted in an abusive invasion of his right to privacy,” the letter states. “This has misdirected public attention away from likely unlawful conduct by your former staff.”
Following a media firestorm, Paxton closed the investigation.
Wynne writes that the false statements Paxton’s former employees fed the media led to the closure and have damaged Paul’s reputation and business standing in the community.
“We have considerable evidence showing that the assertions by your former employees that Mr. Paul’s complaints were meritless are false and very likely defamatory,” the letter states. “The State of Texas should hold these former employees accountable for their actions, which should be the subject of independent investigation.”
Wynne is asking the OAG to address several issues, including:
Threats That May Be Impeding Investigations—A late-night text message sent by Bryan Hardeman, a subject of one of Mr. Paul’s complaints, to Attorney General Paxton with a picture of a dead animal and the statement “Stay the Hell Away from Nate Paul” that we learned about after we sent our Oct. 11 letter. This threat is shocking and gives rise to understandable concern for my client’s safety.
False Statements—The mishandling of complaints by OAG staff and their false statements to prejudice further investigation of Mr. Paul’s legitimate concerns. Mr. Paul went through proper channels to ask that his complaints be investigated. The prejudice by OAG staff should be alarming to all Texans.
Inappropriate Coordination to Undermine the Investigation—A previously undisclosed June 16, 2020 conference call arranged by Ray Chester, counsel for the Mitte Foundation who is spearheading litigation against Mr. Paul. The participants included Mr. Chester, FBI and DOJ personnel who are subjects of Mr. Paul's complaint, and Ryan Bangert and Joshua Godbey of the OAG. We have evidence showing that the conference call occurred, that the OAG shared information with persons who are subjects of the complaint, and that the subjects of the complaint attempted to influence the OAG attorneys’ actions in that civil litigation. We also have evidence showing that subjects of the confidential complaint were made aware of its details relating to them, and that they subsequently shared false information about Mr. Paul in an attempt to dissuade the OAG from conducting a proper investigation.
Additional Threats—We were informed that Joshua Godbey told OAG management that he was "threatened" on the June 16 call, and that that this is why he elected to abandon his oversight function in the Mitte Foundation matter. We were also informed that Ryan Bangert and Joshua Godbey stated that FBI and DOJ officials were probing OAG employees about their decision to intervene, and that they were discouraged from giving proper consideration to the issues raised about the Mitte Foundation. This inappropriate call took place after the OAG accepted the complaint referral, which corroborates our concern that improper influence was brought to bear on the OAG.
Wynne writes that the OAG’s actions to date have only served to frustrate any resolution and that it is important for the office to address all the issues listed in the letter.
“Former OAG employees continue to provide false information to the media and the public regarding the complaints and the events set forth herein,” the letter states. “Inaction by your office to correct their false claims compounds the damage to Mr. Paul and has subjected him to harassment and reputational damage.”