Paxton faces 16 impeachment articles detailing bribery and abuse of power claims. The Texas House had charged him with 20 articles of impeachment, but the Senate decided to consider only 16 of the charges. The embattled AG pleaded not guilty to all on the first day of his Senate trial, Sept. 4.
The Republican-majority House voted 121-23 in favor of impeachment in May.
Murmurings of corruption have long followed Paxton. He was indicted on felony securities fraud charges in 2015 and stands accused of wielding his political clout to benefit Austin real estate developer Nate Paul, a friend and campaign donor.
Now Paxton's political fate is in limbo amid a historic trial.
“We've never seen anything like this before, but this whole session has been a time of firsts,” said former GOP platform committee member Jason Vaughn.
Vaughn pointed out that in May, then-state Rep. Bryan Slaton, a Royse City Republican and former youth pastor, was expelled following allegations he’d given alcohol to, and had sex with, an underage staffer. Paxton has been accused of having an affair with a woman whom he helped get a job with Paul. (The attorney general also happens to be married to state Sen. Angela Paxton, a McKinney Republican.)
“As somebody that desperately loves Republican policy,” Vaughn said, “I am seeing a lot of activists spend a lot of their time defending adulterers and philanderers.”
Paxton’s defense team has experienced some turbulence so far in the trial, said Cal Jillson, a political science professor at Southern Methodist University. It has struggled with early witnesses: whistleblowers who suggested to the FBI that Paxton had engaged in unethical, and potentially illegal, behavior.
“I think the prosecution has the advantage at this point.” – Dr. Cal Jillson, SMU
tweet this
Jillson noted that the 30 senators tasked with voting for or against impeachment know Paxton well. Now, they’ll consider evidence against him while under some serious pressure.
“In the early going, it looked like there were about a half a dozen Republican senators that were going to vote to support Paxton no matter what, several more that supported him occasionally, and most of the senators voted to hear all the evidence,” he said. “So, I think the prosecution has the advantage at this point.”
Jillson added that the trial will likely last a couple more weeks.
“We’re getting lawyers questioning lawyers, which can deaden the brain pretty quickly,” he said. “But when Paxton’s girlfriend is called to the stand, things may get more interesting.”
Paxton’s Republican Critics
Former U.S. Rep. Louie Gohmert, the conservative firebrand from East Texas, penned an anti-Paxton op-ed that was published in the Longview News-Journal on Friday. He argued that the AG’s claims of political persecution are “dividing Texas conservatives,” which could then work to jeopardize the state in 2024.Gohmert, who unsuccessfully vied for the Republican nomination during the 2022 AG primary, emphasized in the piece that he “fought two unjust impeachments” of former President Donald Trump.
“I’ve seen corrupt prosecution,” he added. “Pursuing Paxton is not it.”
Texas’ senior U.S. senator has also weighed in on Paxton’s impeachment.
"The Attorney General is the chief law enforcement officer of the state so obviously these allegations are disturbing," U.S. Sen. John Cornyn said, according to The Texas Tribune’s Matthew Choi. "The Texas Senate and the Lt. Gov. are doing a good job listening impartially, not prejudging and giving the parties a chance to make their case."
"The Attorney General is the chief law enforcement officer of the state so obviously these allegations are disturbing" Cornyn said.
— Matthew Choi (@matthewichoi) September 7, 2023
"The Texas Senate and the Lt. Gov. are doing a good job listening impartially, not prejudging and giving the parties a chance to make their case."
Ultimately, when it comes to the Paxton impeachment, Vaughn said he’s on the same side as Gohmert, state Rep. Briscoe Cain and U.S. Rep. Chip Roy — all hardline Republicans. He’s “amazed” that so many conservatives have defended Paxton, someone who “not only committed adultery, but then said it was over and kept going back to it.
“None of this is news. This has all been an open secret in the Capitol for years,” Vaughn continued. “And now, we are watching people say, ‘It does not matter any longer.’ But at the same time, they'll try to take the moral high ground and attack other people.”
Paxton’s Republican Supporters
Paxton does count some champions in high places. Ted Cruz, Texas’ other U.S. senator, previously blasted the House impeachment as a “travesty.”Donald Trump Jr., the son of the former president, wrote on X (previously known as Twitter) this week that Paxton will “survive.” He said the AG will continue working to drain the Texas swamp, adding: “RINO hunting season starts soon!!!”
Today marks another milestone in Ken Paxton’s career of fighting the Austin Swamp and Establishment. Ken will survive and will continue to combat the Swamp in Texas to put America First.
— Donald Trump Jr. (@DonaldJTrumpJr) September 5, 2023
I’m looking forward to the upcoming 2024 primary season. RINO hunting season starts soon!!!
Junior isn’t the only one to cast Paxton’s GOP critics as “Republicans in Name Only.”
“I am praying for Texas AG @KenPaxtonTX today as the Texas Uniparty (Democrats and a bunch of spineless Republicans) try to impeach the duly elected and the most conservative AG in America,” former Arizona GOP gubernatorial candidate Kari Lake wrote Tuesday on X.
Of course, Paxton has plenty of fans in his home state, too.
The Dallas County Republican Party condemned the House impeachment via resolution earlier this summer. The state GOP did the same.
“As this sham impeachment falls apart under cross examination, I want to remind conservatives that the @TexasGOP has stood against it from the beginning,” Republican Party of Texas Chair Matt Rinaldi wrote Friday morning on X. “As I said then, due process matters. This colossal waste of time is the result of the House not following it.”
As this sham impeachment falls apart under cross examination, I want to remind conservatives that the @TexasGOP has stood against it from the beginning. As I said then, due process matters. This colossal waste of time is the result of the House not following it. https://t.co/2czowsocwK
— Matt Rinaldi (@MattRinaldiTX) September 8, 2023
Texas Democrats Lock Arms
Lone Star liberals remain united in their let’s-give-Paxton-the-boot-already stance.Joe Jaworski, the former Galveston mayor who ran for the Democratic nomination for attorney general last year, said on X that Paxton employs a “my way or the highway” approach.
“That level of dogma better be done w/clean hands; if it turns out you’re dirty, expect to be taken down hard,” he wrote earlier this month. “I hope the Senate Rs do their duty.”
I applaud collaborative politicians from either party, but culture warriors like Ken Paxton use a “my way or the Highway” approach. That level of dogma better be done w/ clean hands; if it turns out you’re dirty, expect to be taken down hard. I hope the Senate Rs do their duty. https://t.co/toDKwYygj4
— Joe Jaworski (@JaworskiForTX) September 2, 2023
Reached for comment on Paxton’s trial, a spokesperson for the Texas Democratic Party pointed the Observer to a statement issued on Thursday by the party chair. Gilberto Hinojosa said in the statement that the attorney general has long abused power while in office, and that this represents a “sad moment” in Texas history.
“Under no circumstance should an elected official — especially the state’s top law enforcement officer — be held to such a low standard by their constituents and colleagues,” he continued. “Ken Paxton’s crimes put the credibility and legitimacy of Texas’ attorney general office in doubt.”
