Closing arguments were heard Friday on what Texas state prosecutors and defense lawyers both agreed would be a historic vote---whether or not to impeach Attorney General Ken Paxton and remove him from office for corruption.
“The law does not require that we remove all doubt,” Andrew Murr chair of the House Managers the attorneys prosecuting the case told the Texas Senate. “In 100 years this is the vote for which you’ll be remembered.”
Paxton was suspended from his duties as AG pending the trial's outcome.
The 30 members of the Senate are deliberating on the case. The process and an impeachment vote could take two days and could come over the weekend. To remove Paxton requires a two-thirds majority vote (21 members). One of the senators who will not vote because of a conflict of interest is Paxton’s wife Angela.
The Texas Senate is dominated by Republicans and the impact a guilty verdict could have on the party in the state remains to be seen. Former President Donald Trump earlier this week indicated that he thought the case was a politically-motivated travesty and called the proceeding “shameful,” instigated by RINOS.
RINO, an acronym that stands for “Republican in name only,” means that someone is insufficiently Republican or conservative. During the nine-day run of the impeachment trial on several occasions testifying witnesses were asked (mostly by defense attorneys) if they were RINOS. All the witnesses said that they were not.
Paxton faces 16 articles of impeachment from an original 20 including disregard for public duty, making false statements, bribery, obstructing justice, conspiracy to defraud, dereliction of duty, abuse of public trust, unfitness for office, misappropriation of public resources and using his office to benefit Paul.
Paul has been a political donor for Paxton, a Republican.
Paul claimed that federal officials who raided his home and business in 2019 did so improperly, changing a search warrant from a search for guns and drugs into a search for records.
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.
Paxton is also accused of seeking revenge against seven AG staff whistleblowers who went to the FBI on Sept. 30 of 2020.
Defense attorneys from the beginning of the trial have maintained the case was brought about by disloyal staffers who falsely assumed wrongdoing by Paxton and then refused to admit error because “they were in too deep.”
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, 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 Mittee 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 Mittee received was at a loss to the charity.
Lt. Gov. Dan Patrick acting as presiding judge during Friday’s session explained to the senators that it would only take one conviction from 16 articles of impeachment for Paxton to be removed from office. Should he be removed as AG the senators could then vote to bar Paxton from holding a future elective office.
“This is not a normal trial,” Patrick said. “This is like 16 trials (articles) in one.”
Murr in his closing argument said the case was one of Paxton abusing his power in an unprecedented manner. He said the AG office had been referred to as “Paxton’s law firm.”
“They (defense attorneys) like to talk about 4.2 million voters electing Paxton, but they have blindly ignored it (wrongdoing),” he said.
Murr said Paxton had an exceptional team of experienced staffers who tried to warn the AG away from seeking to benefit Paul, to no avail.
“Paxton’s desire to benefit Paul tore the (AG) office apart,” Murr said. “He (Paxton) repeatedly asked staff to act as Paul’s personal lawyers.”
Murr said Paxton used his influence to help Paul investigate federal officials who were conducting their own investigation of Paul including officers of the FBI, two federal attorneys and a federal magistrate. He said Paul’s allegations were “ludicrous.”
In addition Murr said that Paul’s hiring in 2022 of Brandon Cammack as an outside special investigator (over the objections of staff) was shocking. He said Cammack, an attorney for five years, had no prosecution experience.
Cammack submitted subpoenas to officials and banks seeking information until he was terminated by a new AG office assistant Brent Webster after a meeting at a Starbucks in October of 2020. Cammack has never been paid for his work, approximately $14,000.
“He (Paxton) balked at their (staff’s) expertise,” Murr said.
Murr said Paxton had only been in the senate chamber for a small portion of the trial, the opening and closing.
“He’s here,” Murr said. “He thinks he might get away with this. Mr. Paxton put the business of the state at risk. He has betrayed us and the people of Texas.”
Murr said the whistleblowers had been terminated within 45 days of going to the FBI on Sept. 30, 2020. He said Laura Olson the woman with whom Paxton was having an affair was offered a job by Paul so she could move from Houston to Austin and be closer to Paxton. Uber rides were provided for her by Paul in July through October of 2020 Murr contended.
Murr added that the ride perk was paid for and linked to a credit card of Paul’s in Austin.
Murr also questioned why Paul received reports and photos on the progress of renovations to Paxton’s home if he (Paul) was not involved in them.
During his closing remarks Tony Buzbee Paxton’s attorney looked out at the senators and said, “The shame sits here. What a farce. If this can happen to him (Paxton), it can happen to you.”
Buzbee said the very first prosecution witness Jeff Mateer (staff whistleblower) crumbled under cross examination and each succeeding witness had failed to prove the case.
“This case is about nothing,” Buzbee said.
Buzbee said Paxton accomplished more than any previous AG and had made Texas the place where (President) Biden’s policies come to die.
“He (Paxton is proud he is ready to go back to work,” Buzbee said. “Proving beyond a reasonable doubt is an incredibly high burden. This is a political witch hunt.”
Buzbee said protecting charities like the Mittee Foundation was not the AG’s job and that Mittee had sought millions of dollars when it invested in Paul’s World Class Properties.
“That charity (Mittee) was only worth $15 million and it was investing $3 million in a speculative land deal,” Buzbee said. “We’ve seen Mittee has major problems, and Mittee stands to make $20 million.”
Buzbee said a prosecution witness David Maxwell famed in the state as a Texas Ranger did a google search to decide that Paul was a criminal.
He argued that an allegation by the prosecution that the keys of the AG’s office had been turned over to Paul didn’t make sense because Paul was accusing the office of dragging its feet in investigating federal officials.
“He (Paul) was mad at the AG’s office he accused it of being biased,” Buzbee said.
Buzbee said prosecution lawyers had months to compile evidence and had failed to do so. He portrayed the whistleblowers as disloyal and disgruntled employees who betrayed Paxton behind his back.
He also accused George P. Bush the son of Jeb Bush and a Republican commissioner of the Texas Land Office who unsuccessfully sought the AG job in 2022 of trying to usurp Paxton.
“They (political opponents) said we couldn’t beat him (Paxton) at the ballot box, maybe we can beat him with impeachment,” Buzbee said. “He (Paxton) beat the latest in line for the Bush’s. They can go back to Maine.”
Buzbee ridiculed the notion that the FBI is always honest and said that the federal government was “weaponizing” the FBI.
“They pick and choose who they come after,” he said. “Biden and the FBI would love to indict Paxton. Jeff Mateer (and whistleblowers) are political appointees. The 4.2 million voters didn’t elect them.”
Buzbee said the people of Texas like Paxton’s performance of his job.
“You should be ashamed of yourselves,” he told the prosecution team of lawyers. “If this (case) is based on a marital impropriety then line up---we’re going to be doing a lot of impeaching in Austin.”
Olson, Paxton’s alleged mistress, did not testify although it was rumored that she would. No reason was given for her unavailability. Buzbee said she got her real estate job based on merit, not as a gift from Paul and that she still works at the job.
Buzbee noted that Paul’s $25,000 campaign donation to Paxton was made in 2018 two years before the impeachment trouble and added, “I know from the fiber of my being that all this (impeachment charge) is false.”