Date set for Attorney General Paxton’s questionable impeachment trial
July 21, 2023 | Montgomery County, TX
Never in Texas history have we seen such a rushed and unfair impeachment process as was foisted upon the House in the waning hours of the 88th Legislative Session. House Speaker Dade Phelan surprised the body by revealing that there had been a months-long investigation into alleged misconduct of Texas Attorney General Ken Paxton for offenses that were said to have occurred in 2020.
Secret investigation focused on alleged 2020 offenses
According to Speaker Phelan, the investigation began when the House was asked to approve taxpayer funds in the amount of $3.3 million to be paid in a settlement to whistleblowers who made accusations against Attorney General Paxton dating back to 2020. That case is still pending before the Texas Supreme Court. The settlement offer does not include any admission of wrongdoing and the courts have not ruled on the matter. No settlement payments have been made related to this case.
Many members of the Texas House were obviously caught off guard when the investigation was revealed by Speaker Phelan. Then, just three days after the revelation of this investigation, the members of the House were asked to vote on whether the 20-charge indictment presented to the House was sufficient to impeach Attorney General Paxton. In unprecedented fashion, the House was required to vote on all 20 articles at once. Under a normal process, each article would have been read and voted on individually.
House votes in favor of impeachment
Unfathomably, the Texas House voted 121-23 in favor of HR 2377, the 20-article impeachment resolution against Attorney General Paxton. It was certainly predictable that 60 Democrat House Members would vote to impeach AG Paxton since he has been a staunch Conservative, effectively fighting, and winning, against the Biden Administration for the last few years, but when 61 Republican House Reps joined the Democrats in that hasty vote, it was shocking to many.
As a result of the impeachment vote, by rule, Attorney General Paxton was suspended from his duties and Governor Greg Abbott appointed former Secretary of State John Scott as interim Attorney General. Scott has since resigned and been replaced by Angela Colmenero, the Governor’s Deputy Chief of Staff.
Unfair, potentially illegal process
There were a few important reasons as to why this process was unfair and probably illegal.
First, Attorney General Paxton was never given an opportunity to rebut any of the articles or cross-examine his accusers.
Second, according to chapter 665.081 (a), there is “No removal for acts committed before election to office. (a) An officer in this state may not be removed from office for an act the officer may have committed before the officer’s election to office.” The alleged violations for which Attorney General Paxton was charged occurred before the 2022 election. They were also widely publicized, and the people still overwhelmingly elected him.
According to Texas Constitutional Enforcement’s Tom Glass, “The Texas Supreme Court expanded on the meaning and applicability of the words of this statute in the case of In re Brown in 1974, saying, ‘The rationale for the doctrine is the sound reason that the public, as the ultimate judge and jury in a democratic society, can choose to forgive the misconduct of an elected official. . .The underlying basis for the principle is that the public can knowingly return one to office in spite of charges of misconduct. Public access to full information was the basis...’ ”
Lastly, prior to the vote, House members were not permitted to talk to any witnesses or even to any of the investigators who interviewed witnesses. Instead, the 20 articles of impeachment were read on the House floor and a vote was called shortly thereafter on the same day.
How did Montgomery County Representatives vote?
Montgomery County Representatives Will Metcalf (HD 16) and Ernest Bailes (HD 18) voted Yes, while Representatives Steve Toth (HD 15) and Cecil Bell (HD 3) voted No to impeach.
Representative Toth said during the House debate, “I am not commenting on Mr. Paxton’s guilt or innocence, rather the lack of credible process that has gone on today…Moving forward without proper guardrails on the initial removal of a statewide official sets Texas on a dangerous path. I ask you to tap the brakes. Let’s make sure we do this the right way and not the wrong way. Please vote no.”
Senate trial date set
After receiving the Articles of Impeachment, Lt. Governor Dan Patrick set in motion the Senate’s duties by creating a Special Committee to Recommend Rules and Procedures to establish the rules for the impeachment hearing. Senator Brandon Creighton (SD 4) was selected as one of the seven members of the committee. Senate Resolution 35 was adopted, with a trial date set for September 5, 2023, at 9 am.
Lt. Governor Patrick issued a gag order on July 17 to protect Attorney General Paxton’s right to a fair trial. The order applies to all parties to the trial and prohibits out-of-court statements relating to the impeachment.
The order states that “out-of-court statements relating the matters of this impeachment proceeding post a serious and imminent threat to Warren Kenneth Paxton Jr.’s right to a fair trial.” Clearly, the proceedings are a source of contention among the two sides, and it is a good sign that the Senate proceedings appear as if they will be fair and impartial.
In order to keep the public informed of court dates and the latest document filings, the Senate has established a Court of Impeachment website that the public can check daily to stay updated. The website can be viewed here.
On July 21, a lawsuit was filed by Conservative Republicans of Texas Founder, Dr. Steven Hotze, and others, challenging the gag order. The lawsuit states that the gag order prohibits “the senators and state representatives from communicating with their constituents on a matter of statewide importance, silencing the voice of the people.”
July 31 Update: Paxton Files Motion to Dismiss 19 of 20 Articles
Ken Paxton’s legal team issued motion to dismiss the 19 of the 20 articles citing Prior-Term Doctrine in the Texas Government Code 665 and upheld by prior Texas Supreme Court cases. Prior Term Doctrine states “An officer in this state may not be removed from office for an act the officer may have committed before the officer's election to office.”
Paxton’s motion stated, “The alleged acts underlying 19 of the articles took place before the Attorney General's most recent election and were highly publicized. Under the “prior-term” doctrine, they therefore cannot factually or legally form the basis for the Attorney General's removal. And by the House’s admission, they did not.”
As of August 1st, the Senate has yet to respond to the motion.
TAKE ACTION
We urge you to contact your Texas Senator and ask him/her to vote against this sham impeachment of Attorney General Ken Paxton. We need strong conservatives and fighters in place to work for the people of Texas.
Senator Brandon Creighton (SD 4)
(512) 463-0104 (Austin Office)
(281) 292-4128 (District Office)
Send an email
Senator Paul Bettencourt (SD 7)
(512) 463-0107 (Austin Office)
(713) 464-0282 (District Office)
Send an email
Senator Lois Kolkhorst (SD 18)
(512) 463-0118 (Austin Office)
(979) 251-7888 (District Office)
Send an email