Texas AG Ken Paxton’s Impeachment Trial Set for Sept. 5

Madlin Mekelburg
·5 min read
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(Bloomberg) -- Embattled Texas Attorney General Ken Paxton is set to face an historic impeachment trial in the state Senate on Sept. 5, during which the Republican-dominated chamber will decide whether he should be permanently ousted from office.

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Paxton, a prominent champion of far-right GOP legal fights, is the first statewide official to face removal from office in more than a century after an overwhelming majority of the GOP-led House approved 20 articles of impeachment against him. Paxton is accused of bribery, obstruction of justice and abuse of public trust, among other charges.

One senator will be prohibited from casting a vote during the impeachment trial is Paxton’s wife, Republican Angela Paxton.

Under the rules for the trial approved by senators on Wednesday, she must be present in the chamber during the proceedings, but she will be unable to vote on any matters that come before the body. However, the rules still require two-thirds of the 31-member Senate to have to vote to authorize Paxton’s permanent removal from office. There are 19 Republicans and 12 Democrats in the body.

The highly anticipated trial will be conducted in public, but senators will hold deliberations behind closed doors. The proceedings are expected to shed light on the litany of allegations of criminal and ethical misconduct that have followed Paxton throughout most of his tenure as the state’s top law enforcement official.

Senators spent two days ironing out the final details of the rules in private, before holding a public vote late Wednesday. They were afforded broad authority to dictate how the trial will be conducted, which could directly impact Paxton’s chances of acquittal.

The members faced significant pressure to adopt certain rules from Paxton’s lawyers and the House lawmakers tasked with presenting the case for impeachment. Paxton’s team urged an adoption of rules that would allow for a speedy, pretrial dismissal of the case based on the presently available evidence. However, House members stressed the need to conduct a trial using the same standards for procedure and evidence employed in courtrooms.

The Senate will consider 16 of the 20 articles of impeachment passed by the House, according to the rules.

“The Senate will not tolerate unnecessary delays, outbursts, or side-bar remarks,” the rules say. “Prolonged, repetitive, or unnecessary questioning or posturing will not be allowed.”

During the trial, both Paxton and the group of House lawmakers presenting the case for impeachment will be able to present evidence to senators and call witnesses — cross-examination will be permitted. Depositions will not be permitted.

Read more: Texas AG Paxton’s Impeachment Trial Draws Major Legal Minds

Both sides must file witness lists with the Senate by August 22. Political observers have questioned whether Angela Paxton may be called to provide testimony in the case, given her close proximity to many matters at issue.

Angela Paxton spoke publicly about her husband’s impeachment for the first time on Monday — before she was prohibited from voting — emphasizing that she intends to be present for the proceedings.

“I took an oath to uphold the Constitution and the laws of this great state, and Texas law compels each member of the Senate to attend when the Senate meets as a court of impeachment,” she said in a statement. “I hold these obligations sacred and I will carry out my duties, not because it is easy, but because the Constitution demands it.”

The Texas Constitution also includes a provision directing lawmakers not to vote on measures in which they have a “personal or private interest.”

One of the accusations against Ken Paxton is that he helped a woman with whom he allegedly had an affair get a job with Austin real estate developer Nate Paul — a central figure in the bulk of the allegations facing Paxton.

A probe into Paxton’s conduct authorized by a House ethics panel uncovered evidence suggesting that Paxton may have improperly used his office to help Paul, who was being investigated by the FBI. They say Paxton may have directed his staff to withhold information from law enforcement connected to their probe and retained a lawyer to investigate Paul’s adversaries.

Paul was indicted earlier this month in Austin, on charges of making false statements to influence financial institutions over loan applications. Paxton’s name didn’t appear in the indictment, but experts said Paul’s arrest raises the possibility that the developer could decide to provide evidence against Paxton as part of a plea deal.

Read more: Texas AG Paxton Associate Nate Paul Is Indicted in Austin

House lawmakers have also accused Paxton of retaliating against a group of former employees in the attorney general’s office after they reported him to federal law enforcement officials alleging he took bribes. A handful of the whistleblowers sued Paxton saying as much, and struck a $3.3 million settlement with the Republican official — money that would need to come from state coffers.

State lawmakers declined to allocate any money toward the settlement and instead opened an investigation into the alleged conduct cited in the lawsuit. That probe was the basis for Paxton’s impeachment.

Texas has impeached only two elected officials — former Governor James E. Ferguson in 1917 and former district Judge O.P. Carrillo in 1975.

Paxton appears to be the fourth state attorney general to be impeached in the country’s history. Most recently, South Dakota legislators voted to impeach and remove Attorney General Jason Ravnsborg in 2022 after he struck and killed a pedestrian while driving.

(Updates with details from the rules)

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