The first day in an unprecedented historic impeachment trial of Texas Attorney General Ken Paxton did not start out well for him, with fellow senators rejecting every motion filed by Paxton’s attorneys to have the charges dismissed.
Paxton’s attorney Tony Buzbee of the Houston-based Buzbee Law Firm said his client was not guilty and called the accusations “false and offensive.”
The Texas House of Representatives on May 23 voted 121-23 to impeach Paxton and send the case to the Senate suspending the attorney general from his duties pending the outcome.
Presiding at the hearing Republican Lt. Gov. Dan Patrick called the trial “a very serious occasion,” one that would be recorded in the history books. Witnesses, clerks and court officials taking the oath swearing to tell the truth had one hand on a Bible once owned by Texas patriot and the state’s first governor Sam Houston.
Paxton faces 20 articles of impeachment including disregard for public duty, making false statements, bribery and obstructing justice, conspiracy to defraud, dereliction of duty and violation of public trust. At the center of the accusations is Paxton’s relationship with an Austin real estate developer Nate Paul. Paul has been a political donor for Paxton a Republican. Paxton allegedly accepted favors from Paul including renovations to his residence and a job for a woman with whom Paxton was having an extramarital affair.
Among the charges were that Paxton sought revenge against employee whistleblowers who reported his alleged improper actions including termination of the employees and impugning their reputations.
The impeachment case is unique for the impact it could have on the Republican Party in Texas and its party-dominated Senate. In addition Paxton’s wife Angela is a Texas Senator who will have no vote to convict or acquit her husband but who will sit as a member of the Senate Impeachment Court.
Motions were read by Patrick that could have dismissed the charges against Paxton, but all 16 initial motions were denied by a two-thirds vote of senators. A motion for dismissal required 20 “yes” votes from senators. Motions calling for the trial allegations to be tossed out averaged 7 yes, to 23 no votes.
Patrick explained that under the rulings Paxton could not be compelled to testify as a witness.
Paxton was on hand at 9 a.m. when the session began and pleadings of not guilty were entered but then left. He will not be required to attend the trial sessions all day long.
The trial is expected to last two to three weeks.
“House managers (prosecutors) must prove guilt beyond a reasonable doubt,” Patrick told the courtroom. “If (impeachment) articles are sustained, he (Paxton) will be removed from office.”
During the reading of the charges Rusty Hardin a Houston attorney with Hardin & Associates and a member of the House of Managers (the prosecution) objected to what he said were accompanying speeches made by Buzbee with each not guilty proclamation.
Patrick sustained the objection.
During opening remarks Andrew Murr with the law firm of Moore Ganske Murr of Seguin, Texas and chair of the House Board of Managers, said the public needed to be protected against such “egregious conduct” as that Paxton had exhibited.
“Integrity matters,” Murr said. “He (Paxton) turned over the keys (of government) to Nate Paul.”
Murr said Paxton had sought over $3 million of the public’s money to settle a whistleblower lawsuit against him.
“The voters do not know the whole truth,” Murr said. “He (Paxton) created a sham report that allegedly exonerated him. He violated his oath. He used the power of elective office for his own benefit. We will show that he should be removed from office.”
Murr said Paxton had used the power of his office to help Paul fight the civil and legal penalties he was facing.
Paxton was accused of directing employees to intervene in a 2018 lawsuit filed by directors of the Roy F. and Joann Cole Mittee Foundation, a quality of life charity nonprofit. Charity officials alleged that fraud was committed concerning investments made for downtown Austin sites that Paul owned. Last July the Texas Supreme court denied an appeal by Paul to reverse a judgement against him in the case.
Murr indicated that Paxton had tried to help his friend and donor Paul in the Mittee Foundation matter by misusing the Attorney General’s Office.
“This would benefit Paul by millions of dollars,” Murr said.
Murr said secret emails were used to conceal the activities of Paxton and Paul whom he said had held private meetings 20 times.
However, Buzbee, Paxton’s attorney, said the case was all about nothing.
“There is nothing to this,” he said. “Paxton gave nothing of consequence to Nate Paul."
Buzbee said Paxton and his wife had been pilloried in the press calling it a “media frenzy” and were subjected to harassment.
“Are we going to get a fair trial here?” Buzbee asked. “He (Paxton) has been tried and convicted in the press based on lies.”
Buzbee said gag orders for he and his client had placed them at a disadvantage.
“There’s no secret emails and we couldn’t respond (to false accusations),” he said. “This is outright foolishness.”
Buzbee said Paxton and his wife Angela had remodeled and paid for their Tarrytown, Texas home (reportedly worth $1 million) by shopping at building supply retailers such as Lowe's and Home Depot, and that claims of extravagance were untrue.
“These folks were pinching pennies,” Buzbee said.
He described the allegation that Paxton used Paul to do the remodeling and that Paul provided a job to a woman with whom Paxton was having an affair as “salacious.”
“Laura Olson applied for a job,” Buzbee said. “She continues to work in that job.”
Buzbee said the woman’s work application and other exhibited materials would demonstrate the falseness of the allegation.
Dan Cogdell also a Houston attorney for Paxton said the issue at hand is bigger than just Ken Paxton.
“Are we on the wet end of democracy?” he asked. “Who is it up to having people (elected representatives) in office, people or lawyers?”
The first witness appearing for the prosecution Jeff Mateer a former first assistant attorney general resigned in October of 2020 after he and other whistleblowers met with FBI agents to express concern about the relationship between Paxton and Paul.
He told Hardin he became concerned after Paxton indicated he would appear in the Travis County District Court to discuss the issue between Paul and the Mittee Foundation.
“He (Paxton) was persuaded not to go but it was inconceivable he would go and argue something,” Mateer said. “I urged him not to go. I said we have attorneys who can handle it. It was troubling to me he would appear in a District Court when we have 800 attorneys.”
Mateer told Hardin that he was “surprised and disappointed” at Paxton’s later continuing involvement in a variety of such activities.