Day Seven of Ken Paxton Impeachment Trial Saw Talk of Alleged Affair, Bribe

Day 7 of the Ken Paxton Senate impeachment trial began with a sort of preview of eagerly awaited coming attractions. A few minutes after 9 a.m. Lt. Gov. Dan Patrick informed the assembled jurors and legal teams that Laura Olson, the woman who has been named as Paxton’s alleged mistress, would be available to testify on Wednesday, but not until after 3:53 p.m.

Other than Nate Paul, the real estate investor and Paxton campaign donor in the middle of many of the accusations against the suspended AG, Olson might be the most anticipated of any of the nearly 150 possible witnesses. But because the rules of the trial stipulate that there must be 24 hours between the time a witness is summoned and when that witness can testify, Olson would not be on the stand to start the day.

Drew Wicker, Paxton’s personal assistant during the contested 2020 timeframe at the heart of the trial, took the stand to start the day. It didn't take long for anyone who thought that emotional, colorful details would not be examined until after 4 p.m. to realize they were mistaken.

Two of the more attention-grabbing elements of the impeachment articles levied against Paxton are his alleged affair with Olson, which had already been discussed in previous witness testimony over the past week, and the kitchen renovations Paxton allegedly received as a bribe from Paul. Wicker shed a type of light on those two storylines in a convincing manner, perhaps mainly because he was so physically and, he testified, emotionally, close to the AG.

Although Ken Paxton’s wife, state Sen. Angela Paxton, has been present for the entire trial, including the moments where her husband’s alleged infidelity was discussed, the suspended AG has not been present, save for a brief time during the trial’s opening day last week. The extramarital affair is noteworthy as it is at the center of impeachment article 9, which states: “It is alleged that Paxton benefited from Paul's decision to hire the woman. In exchange, Paul allegedly received favorable legal assistance from, or specialized access to, the attorney general's office.”

Discovering the Affair

Wicker testified that during a weekend in the summer of 2020, he stayed with his family, who were visiting him in Austin from out of town, at the Omni Barton Creek Resort. It was the same hotel that Gen. Paxton where had been staying while his Austin house was being remodeled after suffering water damage. (The Paxtons also own a house in McKinney.)

On the stand, Wicker described an awkward encounter with his boss, dressed in gym shorts, and Olson, wearing high heels, after the two had what Wicker described as a “lively conversation” that could be heard through elevator doors in the hotel lobby. Paxton and Olson were the only people to emerge from the elevator, Wicker said. This occurred two years after Paxton had gathered staff to confess and apologize for his affair, which at that time, he said, had ended.

When asked how he felt after the hotel lobby encounter, Wicker admitted, “It did spur some questions.” He was then shown a picture of Olson from her drivers license, and he confirmed to the court that the woman in the elevator was indeed Olson. Earlier, Wicker said that he considered Attorney Gen. Paxton “a friend,” and that he felt that Sen. Angela Paxton had been “kind and understanding, as a mother would be” to him.

Also during direct examination of Wicker before lunch on Wednesday, the former assistant noted that Paxton often ditched his security detail to have Wicker drive him to the Omni hotel. Paxton’s possible attempts to keep certain actions and communications secret extended to which phones and apps he and Wicker used between them. Wicker testified that his boss had him use the encrypted Signal app for text communications and also used at least two different cell phones.

The (Alleged) Kitchen Counter Bribe

As an assistant who has been described as a “second son” to Paxton, Wicker not only often drove his boss around, but seemed to work for the AG outside of his official duties. Wicker testified that he met with an insurance adjuster and with a general contractor at the AG’s house when it was being renovated when Paxton couldn't be there himself.

During one meeting with the contractor at Paxton’s house, Wicker noted that the contractor was told the Paxtons wanted to move forward with having new kitchen countertops installed, even though the kitchen had not sustained any water damage, and therefore, the work would not be covered by the insurance, as the master bedroom had been.

Upon hearing that, the contractor noted the cost would be $20,000 and that he would have to check with Nate Paul before moving forward with any repairs or installation. Wicker also said that Paul was included in emails between the contractor and Paxton where home repairs were discussed.

“I walked away with the impression that Nate Paul was involved in the renovation of Gen. Paxton’s home,” Wicker testified. He soon added that he was told Paxton he felt the relationship between Paxton and Paul was inappropriate, but the AG said that wasn’t the case. The former assistant admitted to feeling “uneasy” afterward.

During cross-examination of Wicker after the lunch break, defense attorney Tony Buzbee presented pictures of the Paxtons’ Austin kitchen from 2020 and from August 2023. He asked Wicker to confirm whether the two sets of images appeared to look the same. Wicker replied that they did, backing up Buzbee’s previous suggestion that the cabinets and countertops in Paxton’s kitchen had not been renovated, as alleged in article of impeachment 10.

For the prosecution, Erin Epley moved to establish that just because pictures may not show an obvious difference between the countertops and cabinets in 2020 and 2023, that doesn't necessarily mean work of some sort wasn’t done on them.

Then, came the decision that Olson would not take the stand. After returning from a break shortly before 5 p.m., Patrick said the House Board of Managers had called Olson to testify and that she was present but deemed unavailable to testify. No explanation was given. After senators appeared to question the move, Patrick said that both sides agreed Olson was "deemed unavailable."

But the day would still end with somewhat of a bang. After Rusty Hardin, one of the prosecutors hired by House managers, had finished questioning a witness, he announced that the prosecution would rest. Shortly thereafter, he said this was an accident. He tried to take it back, but Patrick wouldn't allow it after Buzbee insisted that Hardin had rested the House managers' case.

The defense then moved to file a motion to group some of the impeachment articles. The defense also moved for a directed verdict, claiming insufficient evidence, a motion that could have dismissed the whole case and ended the trial early. The decision on the motion for a directed verdict went to the senators for a vote. The defense needed 16 jurors in favor of the motion to grant it. But after a short break, Patrick said that both motions by the defense had been withdrawn.

The trial resumes Thursday morning.