AUSTIN - A former Texas Ranger described as an “icon” on Friday called real estate developer Nate Paul a “criminal” in a Senate impeachment trial to determine if Attorney General Ken Paxton should be relieved of his job for improper dealings with Paul.
Defense attorneys countered there was no harm in asking the AG’s office to mount an investigation as to whether federal officers searching Paul’s home and businesses acted improperly.
The impeachment trial in its fourth day is being held in the Texas State Senate chamber in Austin.
Dick DeGuerin a prosecuting attorney for the House of Directors asked Texas Ranger (now retired) David Maxwell for his opinion of Paul.
“My opinion was he (Paul) was a criminal who Ken Paxton should not be associated with,” Maxwell said.
Maxwell, a 25-year veteran of the Texas Rangers, reviewed proposed investigations of public officials. He said allegations made by Paul calling for an investigation of federal officials who Paul claimed violated his rights in a search of his home and businesses in 2019 were “ludicrous.”
Paul claimed that federal law enforcement officers came to his Austin residence searching for drugs and guns, but not finding what they wanted changed the search warrant to include records. He said the feds were involved in a conspiracy against him.
“Did you tell Paxton what you thought about this vast conspiracy?” DeGuerin asked.
“Yes,” Maxwell answered. “I told him that Paul was a criminal involved in a Ponzi scheme and if he (Paxton) didn’t stop (supporting Paul) he was going to get indicted.”
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. Paul has been a political donor for Paxton, a Republican.
Paxton allegedly accepted favors from Paul including making renovations to the AG’s 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, which currently dominates the Senate. Paxton’s wife Angela a Texas Senator has no vote to convict or acquit her husband but is sitting in as a member of the Senate Impeachment Court.
Defense attorneys are contending there is no hard evidence of wrongdoing and that AG staffers disloyal to Paxton based their beliefs on false assumptions and now refuse to admit they were wrong.
In 2020 seven whistleblower members of the AG’s office went to FBI and the U.S. Dept. of Justice (DOJ) accusing Paxton of an improper relationship with Paul in which they alleged Paxton was misusing his office to reward Paul.
Paul was charged in an eight-count federal indictment in June of 2023 alleging federal crimes in 2017 and 18. Whistleblowers said in return for an opinion from Paxton halting the foreclosures of Paul’s Austin properties under pandemic rules (forbids gatherings of people), Paul donated $25,000 to Paxton’s campaign, remodeled his house and provided a job for Paxton’s then-mistress Laura Olson.
Paxton is also 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. The Mitte Foundation invested millions in Paul’s World Class companies in 2011 and then in a dispute over getting access to Paul’s records and getting their money back sued Paul in 2018. In July of 2019 the parties reached a settlement agreement to have World Class buy Mittee’s interest in the companies for $10.5 million.
Prosecution attorneys said the settlement deal lost Mittee lots of money.
On Wednesday and Thursday two of the whistleblowers who went to the FBI gave testimony. Staffers said they tried to reason with Paxton and protect him from involvement with Paul, but to no avail.
Ryan Vassar was a former deputy attorney for legal counsel for Paxton. Defense attorney Mitch Little asked if Paxton was a kindly boss.
“Did Paxton ever scream at you, was he ever unkind?” Little asked Vassar.
“No,” Vassar said.
Vassar at one point appeared to tear up when he recalled being called by Paxton a “rogue employee.”
Little told Vassar “You have no evidence. You went to the FBI on September 30 (2020) to give no evidence?”
“That’s right,” Vassar answered. “We did so (go to FBI) as witnesses. We had a good faith belief a crime had occurred.”
Ryan Bangert, Paxton’s former deputy first assistant attorney general told Rusty Hardin a prosecution attorney that he had never seen anything like the pressure Paxton put on his staff to intervene on Paul's behalf.
“We were working around the clock on COVID (summer of 2020) and the multi-state Google lawsuit,” Bangert said. “We were devoting far more time to Nate Paul than we should of. We spent hundreds of man hours.”
Vassar was asked to and drafted a contract for an outside attorney Brandon Cammack to investigate the complaints from Paul that federal officials had acted improperly during the 2019 search. Staffers refused to sign off on the contract. Paxton hired Cammack anyway.
“What was your position?” Hardin asked.
“It was improper,” Bangert responded.
During Friday’s session Maxwell told DeGuerin that he was terminated from his job by Paxton because of his opposition to an investigation of the behavior of FBI officials, whom he indicated were honorable professionals. Maxwell subsequently sued the AG’s department for his termination.
“Were you retaliated against?” DeGuerin asked.
“Yes,” Maxwell said. “I was a (Texas law enforcement) officer for 48 years and he (Paxton) berated me in the press. I sued because he ended my career in an unjust manner.”
Maxwell said he received a less than honorable discharge but that was later changed to honorable.
“Because I had done nothing wrong,” he said. “I did right.”
Maxwell said his opposition to Paxton’s desire for an investigation of federal officials at one point drew a heated response towards him from the AG.
“I said you’re using the power and prestige of the office (AG) for yourself (Paxton) and I’m not going to allow it,” Maxwell recalled. “Paxton was using the office for his own benefit.”
During cross examination Maxwell told Dan Cogdell Paxton’s attorney that he had met with Paul and his attorney Michael Wynne three times.
“I wanted to see what he (Paul) had to say,” Maxwell said.
“You didn’t go to the meeting with a positive idea of Paul?”
“No,” Maxwell said, and added, “I always look at things objectively.”
Cogdell asked Maxwell if Paul and Wynne had asked him to do something illegal. Maxwell said what they were asking him to do would cause him to obstruct a federal investigation.
“Six people (whistleblowers) were to be targets in the investigation,” Maxwell said.
“Where did Wynne and Paul ask you to commit a crime?”
“They mapped out how the investigation should go,” Maxwell answered.
“Is it a crime if they ask you to investigate the legality of a search warrant?” Cogdell asked.
“His (Paul’s) actions belie his words,” Maxwell said. “If we followed through (with an investigation) it would be a crime.”
Maxwell said Paul’s request had “no merits.”
“You do not know if the (Paul home) search was unlawful," Cogdell said.
Maxwell countered that he had properly analyzed the situation.