Live updates: Lt. Gov. Dan Patrick calls out House for pursuing impeachment after Paxton acquittal

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Patrick closes court, calls out House for impeachment and reinstates Paxton

Concluding the Senate’s court of impeachment, Lt. Gov. Dan Patrick, who presided over the impeachment trial, thanked his staff and made comments to lend guidance to future generations of lawmakers that may have to take up an impeachment proceeding.

He then made the argument that House Speaker Dade Phelan, R-Beaumont, and his team rushed the impeachment proceeding, flaunting previous precedent and forcing an impeachment that Patrick said he thought should never have occurred.

Not guilty: Texas Attorney General Ken Paxton acquitted in impeachment trial

“I've been unusually quiet for the last three months,” Patrick said, citing the quick pace in which the impeachment charges came from the House in the latter days of the legislative session in late May.

“I thought it was my duty to be quiet on this issue, otherwise how can I oversee a fair trial,” he said.

Calling it a flawed process, Patrick railed against the House’s lack of witness testimony that occurred under oath and the speed at which the complaint became public and was then sent to the Senate.

“We wanted to have a fair trial and protect the integrity of the body,” Patrick said of both parties. “The integrity of this great chamber and each of you fulfilled that, I was proud of both of you.”

Additionally, Patrick argued that Paxton should not have been left without pay during the lead to and through the trial.

In his closing remarks Patrick was not complementary of the House impeachment managers, referencing a closing argument from Rep. Jeff Leach, R-Plano, that called the impeachment vote the most important in the senators’ careers.

“With all due respect to the House, we didn't need to be told in the final arguments how important this vote was,” Patrick said. “Our members already knew that.”

“If only the House members who voted for impeachment would have followed that instruction in the House, we may not have been here,” Patrick continued.

Before reinstating Paxton to his office, Patrick said he will soon call for an audit of the total cost accumulated by both the House and Senate to run the impeachment proceeding.

“Millions of taxpayer dollars have been wasted on this impeachment,” he said, before adjourning the court sine die.

Senators will be allowed to submit their own official statements on the proceeding for reference to future impeachment courts.

Paxton acquitted in impeachment trial, additional charges tossed out

Following the acquittal of Texas Attorney General Ken Paxton on 16 impeachment charges Saturday, four additional articles being held in abeyance were removed from consideration.

Sen. Brian Birdwell, R-Granbury, who led the Senate’s rules committee for the trial, made the motion to stop further consideration and close the impeachment court.

“A dismissal in this context does not constitute an acquittal of any charge contained in the articles of impeachment, but would constitute a final decision by the Senate on the Articles of Impeachment,” Birdwell said reading the motion. “And impeachment no longer be pending.”

The Senate again voted in partisan fashion, reaching a final decision not to move forward with the additional four charges by a 19-11.

Only 16 votes were required on the final vote as opposed to 21 for the previous impeachment votes.

Following the decision, the court of impeachment has adjourned sine die.

Paxton acquitted on Article 20, all impeachment charges

In Article 20, Paxton is accused of abusing the public trust to “subvert the lawful operation of the government of the state of Texas, and to obstruct the fair and impartial administration of justice.”

Paxton was acquitted of the final impeachment charge by a 16-14 vote.

Paxton has been acquitted on all impeachment charges levied against him with only two Republicans, Sen. Kelly Hancock, R-North Richland Hills and Sen. Robert Nichols, R-Jacksonville, breaking rank on any impeachment vote.

Four charges that were not heard during Paxton’s impeachment trial after being approved by the House, tied to Paxton’s ongoing securities case, remain in abeyance.

Senator Kelly Hancock hands in a vote during the impeachment trial of Attorney General Ken Paxton at the Texas Capitol on Saturday, Sep. 16, 2023.
Senator Kelly Hancock hands in a vote during the impeachment trial of Attorney General Ken Paxton at the Texas Capitol on Saturday, Sep. 16, 2023.

Paxton acquitted on Article 19

In Article 19, Paxton is accused of engaging in conduct while in his position as attorney general that proved him to be unfit for the office.

The charge, tied to acts laid out in other impeachment articles, was voted down by the Senate in a 16-14 vote.

Paxton acquitted on Article 18

In Article 18, Paxton is accused of dereliction of duty and violation of the constitution as described in previous impeachment articles.

On the charge that he committed acts contrary to the public interest, Paxton was acquitted by a 16-14 vote.

Hancock and Nichols again join Democrats in voting to convict.

Paxton acquitted on Article 17

In Article 17, Paxton is charged with misappropriation of resources during his tenure in the attorney general’s office.

Specifically he is accused of “causing employees of his office to perform services for his benefit and the benefit of others.”

The Senate acquitted Paxton on this charge by a 16-14 vote. Democrats and Hancock and Nichols vote to convict.

Paxton acquitted on Article 16

In Article 16, Paxton is accused of conspiracy to commit the charges laid out in previous impeachment articles.

Paxton was acquitted of the conspiracy accusation by a 16-14 vote.

Sens. Hancock and Nichols again voted to convict, remaining as the only Republicans to cross over and vote against Paxton, a fellow Republican.

Paxton acquitted on Article 15

In Article 15, Paxton is accused of making "multiple false or misleading statements” tied to whistleblower allegations.

Paxton was acquitted of the charge by a 16-14 vote.

The court of impeachment jumped to Article 15 because Articles 11-14 are being held in abeyance since they relate to Paxton’s ongoing federal securities fraud case. The Senate has the ability to dismiss those charges.

Nichols and Hancock again vote with Democrats to convict.

Paxton acquitted on Article 10

In Article 10, Paxton is accused of bribery tied to a home renovation that House impeachment managers argued was paid for by Nate Paul.

Paxton was acquitted of the bribery charge by a 16-14 vote with Sens. Nichols and Hancock voting for impeachment.

In a brief light hearted moment, Sen. Judith Zaffirini, D-Laredo, did not mark her initial vote card on Article 10. Patrick, who is presiding over the vote, joked that he didn’t want Zaffirini to miss her first ever vote in the Senate in a tenure that began in the 1980s.

“As a senator, I didn't want you to miss one,” Patrick said.

Paxton acquitted on Article 9

In relation to Nate Paul’s employment of a woman with whom Paxton reportedly had an extramarital affair, Paxton was acquitted of the charge by a party line 18-12 vote.

Paxton was accused of providing Paul, “favorable legal assistance from or specialized access to the Office of the Attorney General,” in Article 9.

Paxton acquitted on Article 8

In Article 8, Paxton is accused of concealing “wrongful acts” tied to his response to whistleblower accusations. Paxton was acquitted of the charge by a 22-8 vote.

“While holding office as Attorney General Warren Kenneth Paxton misused his official powers by concealing his wrongful acts in connection with whistleblower complaints made by employees,” Patrick said, reading the article.

Through eight votes, all Democrats had voted to convict Paxton on every article except Article 3, in which Paxton was accused of providing undisclosed information to Nate Paul and failed by a 28-2 vote.

Nichols again voted to convict.

Paxton acquitted on Article 7

In Article 7, Paxton is accused of misusing public resources to conduct a “sham investigation” on complaints made against him by office employees who were terminated after going to the FBI.

Paxton was acquitted of the charge on a partisan 16-14 vote.

Hancock and Nichols, the lone Republicans to favor impeachment articles so far, again voted against Paxton.

House Impeachment Manager Rep. Andrew Murr listens as Attorney General Ken Paxton is acquitted of all charges in Paxton's impeachment trial at the Texas Capitol on Saturday, Sep. 16, 2023.
House Impeachment Manager Rep. Andrew Murr listens as Attorney General Ken Paxton is acquitted of all charges in Paxton's impeachment trial at the Texas Capitol on Saturday, Sep. 16, 2023.

Paxton acquitted on Article 6

In Article 6, Paxton is accused of improperly firing attorney general's office employees after they went to the FBI to raise their concerns of Paxton’s conduct related to Nate Paul, an Austin real estate developer and Paxton campaign donor.

Paxton was acquitted of the charge by a 16-14 vote.

Sen. Kelly Hancock, R-North Richland Hills and Sen. Robert Nichols, R-Jacksonville, remain as the only Republicans in the chamber to support an impeachment article.

Paxton acquitted on Article 5

In Article 5, Paxton is accused of abusing his official powers by violating the laws governing the appointment of prosecuting attorneys in hiring outside attorney Brandon Cammack in an effort to investigate law enforcement agencies conducting a probe into Nate Paul.

In partisan fashion, senators voted to acquit Paxton of the charge by a 17-13 vote.

All Republicans, except Hancock, voted against the charge with all Democrats voting in support of the impeachment article.

Paxton acquitted on Article 4

In Article 4, Paxton is accused of using information held by his office that had not been publicly disclosed “for the purpose of providing information to the benefit of Nate Paul,” an Austin real estate developer and Paxton campaign donor.

Paxton was acquitted with both Republicans and Democrats voting against impeachment with a final tally of 28-2.

Both Nichols and Hancock voted with Paxton for the first time on this article.

Senator Nathan Johnson holds his vote on article one in the impeachment trial of Attorney General Ken Paxton at the Texas Capitol on Saturday, Sep. 16, 2023.
Senator Nathan Johnson holds his vote on article one in the impeachment trial of Attorney General Ken Paxton at the Texas Capitol on Saturday, Sep. 16, 2023.

Paxton acquitted on Article 3

In Article 3, Paxton is accused of misusing the open records process by rendering a verdict not in line with state law and precedent.

Paxton was acquitted of the charge by a 16-14 vote.

“Specifically, Paxton directed employees of his office to act contrary to law by refusing to render a proper decision relating to a public information request for records held by the Department of Public Safety,” Patrick said, reading the impeachment charge.

Again, Nichols and Hancock were the sole Republicans to vote to impeach .

Paxton acquitted on Article 2

In Article 2, Paxton was accused of helping former Austin real estate developer and campaign donor Nate Paul avoid foreclosure on some of his properties by issuing “midnight” opinion pausing foreclosure sales.

Paxton was acquitted of the charge by a 16-14 vote

Republican senators Nichols and Hancock again voted with Democrats to convict.

Paxton acquitted on Article 1

In Article 1, in which Paxton is accused of intervening in a lawsuit against the Mitte Foundation, Paxton was found not guilty by a 16-14 vote.

Only two Republicans, Sens. Kelly Hancock, R-North Richland Hills, and Robert Nichols, R-Jacksonville, broke from their party in voting with Democrats to impeach Paxton.

A thank you for Lt. Gov. Dan Patrick

The Senate court of impeachment is now in session as they prepare to proceed with a series of votes on whether to convict or acquit suspended Attorney General Ken Paxton.

Opening in prayer, Sen. Lois Kolkhorst, R-Brenham, offered a thank you to Lt. Gov. Dan Patrick for presiding over the trial.

"I want to take just one moment to say a word to you on behalf of this body for the leadership in presiding over this court of impeachment," Kolkhorst said. "The seriousness, the gravity, the constitutional duty that we had, you have done a marvelous job and it truly has been remarkable."

Patrick then said, Sen. Brian Birdwell has informed him the Senate is ready to vote. Vote are expected to collected and confirmed shortly.

During the brief delay until 11:10 a.m., Paxton's attorney Tony Buzbee was seen outside the east side of the Capitol smoking a cigar.

Paxton impeachment vote delayed until 11:10 a.m.

Briefly addressing the Senate chamber, Austin Osborn, the Senate's sergeant-at-arms, announced the delay in his role as the proceeding's bailiff.

"There's a momentary delay until 11:10," Osborn said.

When voting starts, the Senate is expected to vote on 16 separate impeachment articles. Of the 20 articles the Texas House charged Paxton with, four of them are tied to the attorney general's on going securities case and are being held in abeyance, but the Senate has the authority to dismiss those impeachment charges.

Senate vote on Paxton's impeachment expected at 10:30 a.m.

Lt. Gov. Dan Patrick, the presiding officer over suspended Attorney General Ken Paxton's impeachment trial, announced Saturday morning that senators will vote on the 16 articles of impeachment the Texas House filed against the three-term Republican state official at 10: 30 a.m.

“The Texas Senate members will vote on articles of impeachment,” Patrick said in the statement just before 9:40 a.m.

Sen. Bob Hall, R - Edgewood, walks through the Capitol after a break in deliberations in the impeachment trial of Attorney General Ken Paxton at the Capitol on Friday September 15, 2023.
Sen. Bob Hall, R - Edgewood, walks through the Capitol after a break in deliberations in the impeachment trial of Attorney General Ken Paxton at the Capitol on Friday September 15, 2023.

After leaving the Capitol on Friday evening without a decision on whether Paxton is guilty or not guilty, the 30 senators who sit as jurors have concluded their deliberations, officials announced Saturday morning.

As per a Friday order from Patrick, the senators were to resume private discussions on Paxton's verdict at 9 a.m. Saturday.

After two weeks of sitting quietly through hours of witness testimony as thousands of pages of evidence were introduced, the senators are now in the driver's seat of the proceeding after closing arguments from both Paxton's legal team and House impeachment managers wrapped up shortly before noon Friday.

Likely speaking from his own experience as one of the House members who made the case in the lower chamber to charge Paxton with offenses ranging from constitutional bribery and disregarding his official duties to firing the once-trusted aides who had warned him he was straying outside of legal bounds, Rep. Jeff Leach R-Plano, expressed to the Senate that it's a hard vote the body has to take and it's a difficult choice to make.

"This will, if you're like me, be the hardest, the most difficult, the heaviest vote that you will ever cast in your time in the Legislature," Leach said.

Leach's comments followed those of his colleague, Rep. Andrew Murr, R-Junction, who continued the argument that Paxton only looked to serve himself as one of Texas' highest ranking elected officials.

Sen. Bryan Hughes, R - MIneola, talks to a reporter as he leaves the Capitol after a break in deliberations the impeachment trial of Attorney General Ken Paxton at the Capitol on Friday September 15, 2023.
Sen. Bryan Hughes, R - MIneola, talks to a reporter as he leaves the Capitol after a break in deliberations the impeachment trial of Attorney General Ken Paxton at the Capitol on Friday September 15, 2023.

Tony Buzbee, Paxton's lead attorney, remained staunch in his defense that there has been no legitimate grounds presented in the trial for Paxton's removal, railing against a political witch hunt and a "moral superiority" in bringing up Paxton's reported affair with Laura Olson, a woman once expected to testify but later was excused by Patrick earlier this week.

Buzbee called the accusations against Paxton, "much ado about nothing."

"When the house Board of Managers brought this case, they made an assumption. They assumed that this man would quit," Buzbee said in his closing argument Friday. "They assumed that this man would run and hide."

Paxton is facing 16 articles of impeachment and will be removed from office if at least two-thirds of the Senate, or 21 of 30 eligible senators, find him guilty on any one charge. Paxton's wife, state Sen. Angela Paxton, R-McKinney, has been barred from partaking in the deliberations or voting on her husband's political fate.

If he's found guilty of any article, the Senate will likely take another vote that determine whether to permanently ban Paxton from serving in an elected office in Texas.

This is a developing story; follow along for updates.

This article originally appeared on Austin American-Statesman: Live updates: Lt. Gov. Dan Patrick calls out House for pursuing impeachment after Paxton acquittal