Texas AG Ken Paxton files motion asking that 19 of 20 impeachment charges be dropped

Suspended Texas Attorney General Ken Paxton's legal team filed requests to the Texas Senate on Monday to drop all but one impeachment charge levied against him before his trial is set to begin in September.

Paxton's lawyers filed two motions with the Senate — the body acting as an impeachment court after the Texas House by a 121-23 vote in May impeached him — arguing that 19 of 20 charges brought against Paxton are tied to accusations about conduct before Paxton's most recent election.

As a result, those charges should not be a part of the upcoming trial under a "prior-term doctrine" that excludes from consideration conduct that took place before the latest election, the lawyers argue in the separate filings.

"The allegations making up the Articles contain unsupported, vague and irrelevant assertions of non-impeachable conduct," says a motion requesting that evidence from before 2023 be excluded from the trial.

More: Texas Lt. Gov. Patrick, who'll oversee Paxton impeachment trial, gets $3M from pro-Paxton PAC

"Importantly, with one exception, the Articles are not based on any alleged conduct that occurred after the election of 2022, or after the Attorney General Paxton began his third term in January 2023."

The excepted charge comes under Article 8 of the impeachment inquiry, which claims Paxton "misused his official powers by concealing his wrongful acts in connection with whistleblower complaints made by employees whom Paxton had terminated."

The House's investigation into allegations of corruption by Paxton was spurred by a proposed settlement of a whistleblower case. Four former aides in the attorney general's office filed a whistleblower suit alleging that they were fired after reporting possible criminal conduct by Paxton to federal authorities. Paxton requested that lawmakers include the $3.3 million whistleblower settlement in the state's budget.

House Speaker Dade Phelan, R-Beaumont, in rejecting the request, said at the time that it wasn't a good use of taxpayer money. He then quietly launched the investigation.

Phelan, who rarely votes on House matters, announced his support by voting for Paxton's impeachment in May.

In its Monday filing, Paxton's legal team acknowledged that actions alleged under article Article 8 were post-election but said the charge "fails for separate reasons to be addressed elsewhere."

Paxton's team went on to say that the impeachment court, led by Lt. Gov. Dan Patrick, has the discretion to dismiss the impeachment articles before the trial. Any motion to dismiss an article would require a two-thirds vote of the 30 senators who will serve as jurors in the case.

Sen. Angela Paxton, R-McKinney, will not participate in deliberations or vote in her husband's impeachment trial.

Two weeks ago, Patrick issued a gag order applicable to all senators, attorneys involved in the case, staffers and all members of the House.

The gag order came after Paxton's lawyers expressed frustration that the House managers prosecuting the case in the Senate had been slow to turn over evidence. In response, Patrick reiterated a command that evidence be shared.

More: Ken Paxton wants to disqualify three senators from his impeachment trial. Here's why.

Shortly thereafter, several U-Haul vans were seen parked outside the attorney general's office building near the Capitol grounds.

Paxton's team said in the motion to exclude evidence dating to before 2023 that the evidence it has received is "baseless," citing the "more than 50 boxes of documents" received from House managers.

"The evidence provided by the House Managers is flimsy at best and insulting at worst," the motion says.

All pretrial motions are expected to be adjudicated on the trial's first day, which is scheduled for Sept. 5 with a 9 a.m. start.

This article originally appeared on Austin American-Statesman: Texas impeachment: Paxton asks Senate to drop 19 charges against him