Ken Paxton impeachment trial recap: Texas AG pleads not guilty, first witness testifies

Ken Paxton's impeachment trial begins Tuesday in the Texas Senate, the first of many days to determine if the suspended Attorney General will be removed from office.

Paxton, facing 16 impeachment counts related to bribery and misuse of office, has been suspended since late May when the Texas House voted overwhelmingly to advance the case to the Senate. He is just the third official in Texas history to get impeached.

Follow along here for live updates from the American-Statesman's Ryan Autullo and Tony Plohetski.

'Creep of corruption': Ken Paxton pleads not guilty as Senate impeachment trial gets underway

Ken Paxton impeachment trial adjourns for day amid disagreement over evidence

Lt. Dan Patrick adjourned the first day of Ken Paxton's impeachment trial around 5 p.m. Tuesday, an hour earlier than expected, after an unresolved debate over an exhibit that Paxton's lawyers say should not be allowed to come in as evidence.

The recess came during testimony from the trial's first witness, former Paxton first assistant Jeffrey Mateer.

The exhibit was a written communication that was not broadcast to the public. House prosecutors say it should be allowed to be introduced as evidence, arguing that Paxton's lawyers had signaled to them before trial that it was their intention to present it in court.

"We've now used 8 or 9 minutes where y'all are objecting to your own exhibit," prosecutor Rusty Hardin said.

After a lengthy conference with lawyers at the bench, Patrick announced that he had not yet made a decision and that the trial was over for the day. It will pick back up at 9 a.m. Wednesday.

Patrick said he must decide whether to admit as evidence the communications between Paxton and his former lawyers in the attorney general's office. Paxton's counsel says that those communications are protected under attorney-client privilege.

The uncertainty underscores the challenge Patrick, who is not an attorney, is facing as he presides over the trial.

Although the state's constitution puts him in this role, Patrick had the option but declined to appoint someone else to preside over the case. He did enlist assistance from retired Dallas judge Lana Myers, but has not consulted her on most questions of evidence.

Watch live: Ken Paxton faces Senate trial after House impeachment

Former top aide to Ken Paxton is first witness to testify

House impeachment managers called as their first witness former top Paxton aide Jeffrey Mateer, who served as his first assistant starting in 2016 and continuing until his resignation in September 2020.

Mateer was among eight employees who signed a letter to Paxton on Oct. 1, 2020, informing him that they had reported suspected illegal activity to law enforcement. Mateer was not among the four whistleblowers who sued Paxton, which led to a $3.3 million settlement proposal that triggered the impeachment proceeding.

In his first 10 minutes of testimony, House impeachment prosecutor Rusty Hardin established Mateer's previous allegiance to Paxton, saying that they shared deeply conservative social and religious views and that Paxton asked Mateer to come to work for him.

"I wouldn't have come to Austin if I did not believe he was a true believer," Mateer testified.

Hardin also worked to establish Mateer's conservative resume — some conservatives have suggested the quest to oust Paxton is driven by "RINO," an acronym for Republican In Name Only.

"I'm certainly far from right of center," he said.

After leaving the Attorney General's office, Mateer returned to the First Liberty Institute, which defends religious liberties. He previously worked as the organization's general counsel from 2010 to 2016 before joining the agency.

Mateer was asked about Paxton's relationship with Nate Paul. He said it was "troubling" when he learned that Paxton had requested to personally appear in a Travis County courtroom to argue a motion in a case involving Paul and the nonprofit Mitte Foundation. It was an extraordinary request for the state's top lawyer, who in such a case would typically defer to rank-and-file attorneys in the office.

"It made absolutely no sense," Mateer said.

Mateer said he called a meeting with Paxton and other top deputies because "it was inconceivable to me he would want to go to district court to argue something."

At that meeting, Mateer said Paxton committed to ending communication with Paul. Yet, soon after, the communication continued, Mateer testified.

Paxton's lawyers say there was no bribery in AG's relationship with Nate Paul

In opening statements, Ken Paxton's lawyers fired back against bribery allegations, insisting that Paxton never received anything of value from Austin real estate developer Nate Paul.

Paxton is accused of turning over the attorney general's office to provide legal services favorable to Paul, a campaign donor currently under federal indictment for mortgage fraud. In exchange, House prosecutors say Paul funded a Paxton home remodel and hired to his company a woman with whom Paxton allegedly had an extramarital affair.

"Nate Paul got nothing from Ken Paxton, and Ken Paxton got nothing from Nate Paul," Paxton's lawyer, Tony Buzbee, said.

Opening statements continued until 2:40 p.m., at which time the court took a break. When the trial resumes, House prosecutors are expected to call their first witness.

Buzbee said that the remodel was paid for by the Paxtons — Ken and his wife, state Sen. Angela Paxton, R-McKinney. He said he'll show "mind numbing" photos from local home improvement stores that show the Paxtons were mindful about the cost of the project and were "pinching pennies." The renovation, Buzbee said, was minimal and did not include a new stove, countertops or cabinets.

As for the mistress, a woman named Laura Olson, Buzbee said she got the job with Paul's World Class company the old-fashioned way — by submitting an application. She still works for him today, Buzbee said.

Paxton's lawyers used all but 1 minute in the hour they were given for opening statements. That cut a sharp contrast to the prosecution, whose presentation was under 20 minutes.

Giving remarks for the prosecution was state Rep. Andrew Murr, R-Junction, who chairs the House investigating panel that quietly conducted a probe into Paxton earlier this year.

"Mr. Paxton turned over the keys to the Office of the Attorney General to Nate Paul so Mr. Paul could use the awesome power of the state's law firm to punish and harass his enemies," Murr said.

Murr referenced the eight former Paxton aides who reported his alleged crimes to the FBI in 2020. He reasoned that without them coming forward Paxton's assistance to Paul would have continued.

"What would have happened had they not reported him?" Murr said.

Another Paxton lawyer, Dan Cogdell, took aim at those eight Paxton aides. Cogdell said they assumed things about Paxton that were not true, including that he illegally hired an outside lawyer to investigate law enforcement officials on Paul's behalf.

At the time, Paul was the subject of a FBI investigation into financial crimes and had complained to Paxton that a raid of his home and business was illegal.

Cogdell said Paxton was sympathetic to Paul's complaint, because Paxton, indicted for securities fraud in 2015, had also felt like he was wrongfully treated.

That comment drew an objection from House prosecutor Rusty Hardin, who noted that four impeachment articles related to the securities fraud case are being held in abeyance and won't be tried at this time. Lt. Gov. Dan Patrick sustained the objection, meaning Cogdell could no longer bring up that case.

In closing, Cogdell implored the senator-jurors to not "assume anything."

"What you must do is look through the viewfinder of beyond a reasonable doubt," he said.

Ken Paxton leaves his own impeachment trial, might never return

Ken Paxton did not return to his impeachment trial after Tuesday's lunch break, raising speculation that he might never be seen again in this proceeding.

The trial's rules required Paxton to be present for the start of the trial Tuesday morning, but never again, Lt. Dan Patrick ruled.

Before the break, Patrick ruled Paxton cannot be compelled to testify. Given that ruling, it stands to reason Paxton might never return to his trial, which is expected to last about a month.

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Ken Paxton pleads not guilty; lawyers spar

Ken Paxton pleaded not guilty to all 16 impeachment counts, but didn't open his mouth to do it. He left that to his lawyer, Tony Buzbee, who rather than simply saying not guilty, offered brief commentary on each count, drawing an objection from House prosecutor Rusty Hardin.

For example, Buzbee called one count "offensive." Hardin, growing tired of the speeches, asked that Buzbee be allowed only to say "not guilty." Lt. Gov. Dan Patrick, the presiding officer, agreed, and sustained Hardin's objection.

Buzbee and Hardin are no fans of each other. This goes back to a few years ago when Buzbee represented women plaintiffs in a lawsuit alleging sexual assault and misconduct against NFL quarterback Deshaun Watson, whom Hardin represented.

In that case, Buzbee and Hardin were at each other's throats in the media. If today's exchange is any indication, round two will be testy.

The trial is in recess until 1 p.m. It will resume with opening statements from the House prosecutors.

Ken Paxton cannot be compelled to testify, Dan Patrick says

Ken Paxton cannot be required to testify at his impeachment trial, Lt. Gov. Dan Patrick ruled.

The decision resolves a pretrial fight about whether Paxton would have to take the witness stand, even though he was unlikely to answer questions no matter how Patrick ruled. House prosecutors had wanted to compel Paxton to testify so he would then have to invoke his Fifth Amendment right against self-incrimination — a visual that could make it seem like he's hiding something.

Paxton had argued that this is akin to a criminal proceeding, in which a defendant cannot be compelled to testify. Patrick agreed, noting that like in a criminal proceeding Paxton is required to enter a plea of guilty or not guilty, and prosecutors are required to turn over exculpatory evidence favorable to Paxton.

"It leans more criminal in nature," Patrick said.

This was the lone victory for Paxton in more than 20 pretrial motions.

The court is in a brief recess and will resume soon with opening statements.

Eight Republican senators side with Ken Paxton before trial begins

Although Ken Paxton is coming up short on all motions to dismiss articles of impeachment, he is not without considerable support in the Senate.

As many as eight Republicans appear to be on Paxton's side, based on their vote in support of a motion to dismiss all but one impeachment article. That motion cited the so-called prior term doctrine, which Paxton's lawyers citied to say he cannot be impeached on allegations that were known publicly at the time Texans voted to re-elect him. Most of the allegations against him date back to 2020, two years before Paxton won re-election..

The eight Republicans who sided with Paxton are Bob Hall, Charles Perry, Lois Kolkhorst, Paul Bettencourt, Brandon Creighton, Tan Parker, Charles Schwertner and Donna Campbell.

Bettencourt, Campbell and Parker are up for re-election next year.

To avoid removal from office, Paxton needs support from 10 Senators. So far, his best path is to hold onto those eight senators and, over the course of the trial, pick up two more.

Once all pretrial motions go to a vote, lawyers will present opening statements.

More: Statesman to provide gavel-to-gavel coverage of Paxton impeachment trial

Senators reject argument that Paxton can't be convicted on allegations known to voters before re-election

Many observers in the Paxton trial believed that his most favorable chance of a dismissal relied on the so-called "prior term doctrine," meaning that allegations that were publicly available before his re-election can't be used against him.

Paxton's legal team vigorously argued in a lengthy dismissal motion that accusations against him were subject of campaign billboards and other materials by his opponents.

"This rule . . . is firmly rooted in Texas law, Supreme Court decisions, and Texas impeachment precedents," Paxton's attorneys wrote.

In a response that drew widespread public attention, House impeachment managers responded that House investigators uncovered new allegations -- accusations that they said voters could not have known because Paxton worked to conceal his activity through the use of "burner phones" and secret emails.

In the end, Paxton's effort failed. The prior-doctrine argument failed on a 22-8 vote.

Ken Paxton's impeachment trial begins with prayer, oath to be fair

Ken Paxton's impeachment trial began with a prayer from Sen. Phil King, R-Weatherford.

He said: "For those of us making decisions, we pray for your wisdom and insight and we know truth is always at the top of your agenda with justice, and we pray that we see what that is."

Following the prayer, Texas Supreme Court Chief Justice Nathan Hecht swore-in Lt. Gov. Dan Patrick, who will preside over the trial as judge. Also taking an oath was Lana Myers, a retired Dallas judge who Patrick chose to assist him.

Patrick acknowledged the gravity of the trial, calling it "serious."

Once that was over, each Senator individually took an oath that they will "impartially try" Paxton based on the law and the evidence. In taking the oath, Senators were invited but not required to place their hand on a Bible.

Ken Paxton's impeachment trial: Here's the history behind the Sam Houston Bible being used

Prayer is common in the Texas Senate. During the legislative session, each day begins with a prayer. Before becoming Lt. Gov., Patrick, a devout Christian, authored the book, "The Second Most Important Book You Will Ever Read."

What to expect Tuesday as impeachment trial begins

Tuesday's proceedings are likely to kick off with rulings on pretrial motions — possibly on whether Paxton must testify, and whether Democrat senators José Menéndez, Nathan Johnson, and Roland Gutierrez will be disqualified as jurors based on anti-Paxton comments.

As presiding officer, Lt. Gov. Dan Patrick will rule on all motions except for those that would partially or fully dismiss a charge. The dismissal motions go to a vote by the senators.

At some point, lawyers are expected to give opening statements. House prosecutors will say Paxton abused his office to provide legal assistance favorable to a donor, Austin real estate developer Nate Paul. Based on pretrial filings and comments, Paxton's lawyers could take the position that this is nothing more than a political witch hunt to remove the three-term Republican from office.

Whistleblowers, fraud and Nate Paul: A timeline of Texas AG Ken Paxton's impeachment trial

The trial will take place in the Senate chambers and will be live-streamed on the Senate's website.

This article originally appeared on Austin American-Statesman: Ken Paxton impeachment trial update: Here's what happened on day one.