EXCLUSIVE: Sen. Angela Paxton no longer expected to testify in husband's impeachment trial

State Sen. Angela Paxton, the wife of suspended Texas Attorney General Ken Paxton, is no longer expected to testify at her husband’s impeachment trial, the American-Statesman has learned.

Two persons with firsthand knowledge say Angela Paxton, R-McKinney, appeared on a confidential list of witnesses that Ken Paxton's lawyers filed last week. However, an amended list no longer includes her, they confirmed.

Paxton will have no meaningful role in her husband’s trial, which begins Tuesday in the Texas Senate. In June, the Senate passed rules that barred her from serving with the 30 other senators as a juror. That decision prevents her from voting on any matter or participating in deliberations, but she is required to attend.

The two sources, who are not authorized to speak publicly about the witness list, did not disclose the reason for Paxton’s removal as a witness.

Angela Paxton will be considered "present and eligible" for the purpose of calculating the number of votes required for all impeachment matters. Support from two-thirds of the Senate, or 21 members, is required to convict Ken Paxton on any count. The fact that she won't actually vote does not change that math.

With Sen. Paxton no longer taking the stand, it avoids awkward testimony she could have given about her husband’s alleged affair with a woman at the center of a bribery allegation.

Texas House prosecutors say they will prove the woman, Laura Olson, got a job with Austin real estate developer Nate Paul in exchange for Ken Paxton misusing his office to offer legal assistance favorable to Paul. Further, the House lawyers say that Paul funded a remodel of a home the Paxtons own in Austin.

Unresolved is whether Ken Paxton will testify. A pretrial motion from his lawyers seeks to block House prosecutors from calling him as a witness on the grounds that this impeachment trial is akin to a criminal proceeding where a defendant has the right to not testify. In response, House lawyers say that it’s their decision to make, not Paxton’s, and that if he doesn’t want to answer questions, he must invoke his Fifth Amendment right against self-incrimination — an option that could make it look like he’s hiding something.

Lt. Gov. Dan Patrick, who will preside over the trial in the Senate, said earlier this summer that the proceeding would last two to three weeks. But recently, senators are theorizing that it could be a month or longer.

Ken Paxton, who has been suspended without pay since May 27 when the House voted overwhelmingly to impeach him, is facing 16 charges, all of them tied to Paul. Support from 21 of the 30 eligible senators is required to remove him from office.

This article originally appeared on Austin American-Statesman: Angela Paxton not expected to testify in Ken Paxton's impeachment