Three takeaways from Day 3 of Texas Attorney General Ken Paxton's impeachment trial

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As the third day of suspended Texas Attorney General Ken Paxton's impeachment trial closes Thursday, here are a few takeaways from the Senate chamber in a day that saw two witnesses field questions from prosecutors and the defense team.

Whistleblower or rogue employee in Texas attorney general's office?

It was upsetting to Ryan Vassar, a former attorney general's aide, to hear his boss call him and other office workers "rogue employees" after they complained in 2020 to federal authorities about Paxton's relationship with Nate Paul, an Austin real estate developer and campaign donor.

"The statement of being called a rogue employee is contrary to the years of my life I dedicated to the state," he said, wiping tears away.

Vassar remained on the stand until the trial session ended shortly before 7 p.m., being grilled for several hours by Mitch Little, who made his defense debut Thursday afternoon by trying to show that Vassar lacked knowledge of Paxton's actions and had inadequate evidence when he and others approached the FBI.

When the trial resumes at 9 a.m. Friday, Vassar will again be on the witness stand.

Tony Buzbee lays low

During the first two days of Paxton's impeachment trial, it was abundantly clear where Tony Buzbee was on the Senate floor and what was on his mind.

Opening the proceeding for the defense team with impassioned and confrontational accusations that the impeachment charges against Paxton are bogus, Buzbee sat quietly through the whole session Thursday.

Texas Attorney General Ken Paxton (center) sits with his lawyers Tony Buzbee (left) and Dan Cogdell (right) at the beginning of the first day of Paxton’s impeachment trial in the Texas Senate chambers at the Texas State Capitol in Austin on Tuesday, Sept. 5, 2023. The Texas House, including a majority of its GOP members, voted to impeach Paxton for alleged corruption in May. (Juan Figueroa/Pool via The Dallas Morning News)

In his place, Anthony Osso made the defense's motions to object to questions from prosecutor Rusty Hardin and challenged evidence the prosecution discussed. Like Buzbee, Osso, who was licensed with the State Bar of Texas in 2019, objected early and often throughout the morning and into the afternoon.

Later in the day, Mitch Little took over questioning Vassar, continuing on a confrontational path previously laid by Buzbee and Osso.

Though Buzbee was quiet in the Senate chamber Thursday, he did continue his crusade against what he views as bias in the media, accusing news outlets in an Instagram post Thursday of doctoring photos of his tan.

More: 'Signing our professional death warrants': Ex-Paxton aide says he understood gravity of complaining to FBI

"Here are two pics from two different reputable news organizations, taken on the same day, within minutes of the other," Buzbee's post read. "I am out in the sun a lot, but I don’t think my skin has ever been that 'tan.'"

Some in the news media responded by saying that the photo exaggerating Buzbee's tan came from the Senate's livestream camera, while the more natural photo of his tan came from a professional photographer with better quality equipment.

"Why would they doctor my pic? I’m sure you could take a guess," Buzbee continued. "So you think the news isn’t bias? Think again."

Ken Paxton isn't present at his trial

After pleading not guilty on Tuesday through his attorney, Buzbee, Paxton has not returned to the chamber in the east wing of the Capitol for his impeachment proceeding.

His absence drew criticism from Hardin on Thursday, who quipped while questioning Ryan Bangert, a former first assistant in the attorney general's office, that Paxton hasn't "graced us with his appearance" in the latter part of the week.

Opposing lawyers Dan Cogdell, left, and Rusty Hardin talk during a break at the impeachment trial of Attorney General Ken Paxton at the Capitol on Thursday September 7, 2023.
Opposing lawyers Dan Cogdell, left, and Rusty Hardin talk during a break at the impeachment trial of Attorney General Ken Paxton at the Capitol on Thursday September 7, 2023.

"Have you noticed that he's not here today?" Hardin asked Bangert, immediately receiving an objection from Paxton's legal team.

Some trial observers, both in the Capitol and on social media, have wondered how the 31 senators — including Paxton's wife, Sen. Angela Paxton, R-McKinney, who sits without the ability to vote on the trial's outcome — feel about spending roughly 9 hours a day examining evidence and testimony in the case as Paxton stays away.

Lt. Gov. Dan Patrick, who is presiding over the proceeding, earlier this week confirmed before the court that there is not a trial rule requiring Paxton's presence in the chamber.

(From left) Paxton's attorney Tony Buzbee stands with Texas Attorney General Ken Paxton as Texas Sen. Phil King (not pictured) says the prayer at the beginning of the first day of Paxton’s impeachment trial in the Texas Senate chambers at the Texas State Capitol in Austin on Tuesday, Sept. 5, 2023. The Texas House, including a majority of its GOP members, voted to impeach Paxton for alleged corruption in May. (Juan Figueroa/Pool via The Dallas Morning News)

However, Paxton has not remained silent about the proceeding. He sent a campaign email to supporters Wednesday asking for political contributions, saying that with their help he "can be back in office by the end of the month."

Paxton is asking supporters to "rush" him contributions ranging from $25 to $500, according to the fundraising email.

More: Ken Paxton impeachment trial live updates: Third AG whistleblower still on stand as Day 3 ends.

This article originally appeared on Austin American-Statesman: Ken Paxton impeachment trial: Three takeaways from Day 3