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Suspended Texas Attorney General Ken Paxton will not be called to testify at his impeachment trial, which kicked off Tuesday before the Texas Senate. House prosecutors promised a case laying out Paxton’s “slow creep of corruption,” but Paxton’s lawyer dismissed the case against his client as a bunch of nothing.
Day 1 of Paxton’s trial began with Lt. Gov. Dan Patrick and the members of the Texas Senate, acting as the jurors, being sworn in on a Bible that legend says was owned by Sam Houston. The Sam Houston Bible, which has been used in Texas inaugurations for over 150 years, was used to swear members in because Patrick said the trial was a significant occasion.
Paxton filed several motions, some to dismiss all of the articles of impeachment and others to dismiss individual articles. None were granted, with many garnering only a handful of votes in support.
Patrick said each side would have one hour for opening statements, 24 hours for presentation of evidence, one hour for rebuttal evidence and one hour for final arguments.
“The question that haunts them and should frighten us all is what would have happened if they had not reported him.” – Rep. Andrew Murr
Paxton stands accused of taking bribes and abusing his office. He has faced legal troubles since he was indicted on securities fraud charges in 2015. More recently, in 2020, Paxton’s own staff reported him to the FBI for suspected corruption related to his dealings with a donor and real estate investor named Nate Paul. Paxton was later sued by whistleblowers, leading to a $3.3 million settlement offer. That agreement fell apart, however, when Paxton asked the Legislature to pay for the settlement. Instead, members of the GOP-controlled House started investigating the whistleblower claims, later voting 121-23 to impeach Paxton, accusing him of abuse of office, bribery and other wrongdoing. He faces 20 articles of impeachment.
The articles allege Paxton used his power and office to help Paul work through legal struggles. This allegedly included using employees of his office to intervene in a lawsuit brought against several corporate entities controlled by Paul, and using his employees to prepare a legal opinion in an attempt to avoid impending foreclosures on Paul-controlled properties and business entities. Paxton is also accused of accepting bribes in the form of renovations to his home and a job for a woman with whom he was allegedly having an extramarital affair. The articles of impeachment also accused Paxton of retaliating against those who tried to blow the whistle on some of these claims.
Patrick took up one final pretrial motion by Paxton to preclude him from being compelled to testify. That motion was granted.
Paxton pleaded not guilty to all the articles of impeachment.
As one of Paxton’s attorneys, Tony Buzbee, entered the attorney general’s pleas of not guilty, he started commenting on the charges, saying, for example, that some of the allegations against Paxton were offensive. Rusty Hardin, one of the prosecutors hired by House managers, objected, saying that Paxton shouldn’t be able to make small speeches through his attorney while entering his pleas. Patrick agreed, and Buzbee entered the rest of the not guilty pleas.
Rep. Andrew Murr, R-Junction, gave opening statements for the House Board of Impeachment Managers. Murr said the Texas Constitution gives the Senate the power to convict and that the witnesses and evidence will show that it’s time to use that power. “At the end of the day, Mr. Paxton wasn’t the man they [the witnesses] thought he was and wasn’t the man he publicly proclaimed to be,” he said. “These witnesses will explain step by step how they discovered that Mr. Paxton grew increasingly intent and passionate about helping his partner Nate Paul escape civil and criminal legal troubles that he was facing. They will describe in chilling detail when they connected the dots of Mr. Paxton’s slow creep of corruption.”
He said he wouldn’t go over all of the allegations now, but that “even a quick summary of some of the evidence that you’re going to hear is shocking.”
“Mr. Paxton’s brazen abuse of the criminal justice division at the Office of Attorney General was finally what caused eight of his senior staff to report him to the police,” Murr said. “The question that haunts them and should frighten us all is what would have happened if they had not reported him. How far would Mr. Paxton have gone in using the power of the attorney general’s office to harass and punish his and Nate Paul’s perceived enemies and hurt innocent Texans?
“This whole case is a whole lot of nothing.” – Tony Buzbee, Paxton attorney
“Mr. Paxton tries to defend his actions by isolating each event and claiming that standing alone they can’t support impeachment. You cannot and should not view each act in a vacuum. The evidence will show they are all connected. They’re all connected by Mr. Paxton and his desire to deliver for his partner, Nate Paul.”
In his opening statement, Buzbee said the prosecution will tell a whopping story. “It’s a tale full of sound and fury,” Buzbee said, but it signifies nothing. “You may wonder why I say that, because when we are done, I believe that no matter your party affiliation and no matter where you stand now, you will conclude what I have concluded: That there is nothing to this,” Buzbee said.
He said Paxton gave nothing of significance to Paul. “This whole case is a whole lot of nothing,” Buzbee said. He said he wondered whether Paxton would get a fair trial. “Have you already decided based on what is politically expedient or what’s best for you personally? Or is it even possible to get a fair hearing, especially after this case has been tried in the press, Ken Paxton has been convicted in the press based on ignorance, innuendo and outright lies,” Buzbee said. “So, the question is, will you decide based only on the evidence, because that’s your oath. That’s what you swore to do no matter the consequences and I urge you to do your duty and do it without fear.”
He said the trial could set a precedent. “They say this is the impeachment of a lifetime, but is it?” Buzbee said. “Because depending on what you do here, maybe it will become commonplace. What happens here will have consequences no matter how it turns out. Let’s be clear, if this misguided effort is successful, which I feel confident it will not be, the precedent it would set would be perilous for any elected official in the state of Texas.”
