Texas Attorney General Ken Paxton faces impeachment trial: What to know about his corruption accusations

Impeached Texas Attorney General Ken Paxton's actual impeachment trial begins Tuesday in the Texas Senate, the first of many days to determine if the suspended official 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.

Paxton, who had been attorney general since 2015, has been suspended without pay since the impeachment. Follow along here for updates from the Austin American-Statesman's Ryan Autullo and Tony Plohetski.

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.

Patrick's ruling came after House prosecutor Rusty Hardin argued that Paxton needed to be there for the duration, citing Paxton's counsel's own words from earlier that this is a criminal proceeding.

In a criminal trial, a defendant's presence is required.

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.

More: Watch live: Ken Paxton faces Senate trial after House impeachment

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.

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.

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.

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 Republican Sen. Phil King.

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.

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."

This article originally appeared on Austin American-Statesman: Ken Paxton impeachment live stream: What to know about the Texas AG