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Paxton trial updates: Attorney general appears on Texas Senate floor ahead of impeachment proceedings

Paxton trial updates: Attorney general appears on Texas Senate floor ahead of impeachment proceedings
10 months 2 days 22 hours ago Tuesday, September 05 2023 Sep 5, 2023 September 05, 2023 9:09 AM September 05, 2023 in News
Source: texastribune.org
Suspended Texas Attorney General Ken Paxton surrounded by aides at a press conference in May. Paxton's impeachment trial begins in the Texas Senate on Tuesday. Credit: Bob Daemmrich for The Texas Tribune

"Paxton trial updates: Attorney general appears on Texas Senate floor ahead of impeachment proceedings" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

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Ken Paxton has long positioned himself as one of the country’s strongest conservative attorneys general. In more than two terms as the state’s top lawyer, he has relentlessly sued the federal government over issues from immigration to health care and the environment.

But in May, the Texas House impeached Paxton on accusations of bribery, dereliction of duty and disregard of official duty. On Tuesday, the suspended attorney general’s trial in the Texas Senate begins. Paxton’s latest political battle comes after he has faced criminal investigations, legal battles and accusations of wrongdoing for years. Still, Texas voters have twice reelected him, most recently in November.

The trial is expected to hinge on his relationship with a real estate investor and political donor — and could prominently feature details of an alleged extramarital affair. Paxton's attorneys argue that the allegations are baseless or fall under the legitimate duties of the attorney general’s office.

Watch Ken Paxton’s impeachment trial live

Suspended Attorney General Ken Paxton’s impeachment trial in the Texas Senate is expected to begin at 9 a.m. Tuesday. You can watch the proceedings here.

Ken Paxton arrives on Senate floor

Ken Paxton arrived on the Texas Senate floor around 8:30 a.m. Tuesday and huddled with his attorneys. It was previously unclear if Paxton would be present for his impeachment trial, and his attorneys have vowed that he will not testify.

Under Senate trial rules approved in June, the presiding officer — Lt. Gov. Dan Patrick — has the power to issue subpoenas compelling witnesses to attend. In one of their pretrial motions, however, Paxton’s lawyers have asked that he be carved out of that provision, arguing that Paxton is entitled to the same rights to not testify as a defendant in a criminal proceeding.

House impeachment managers have opposed that motion, and have said that Paxton still has the right to plead the Fifth Amendment.

Robert Downen

Angela Paxton salutes supporters in Senate gallery

Attorney General Ken Paxton's wife, state Sen. Angela Paxton, made an appearance on the Texas Senate floor shortly before his impeachment trial began Tuesday morning.

The McKinney Republican waved to people who called out her name from the gallery above the chamber floor. She also saluted another group of supporters in the gallery.

Under impeachment trial rules, Angela Paxton can attend the proceedings but cannot vote or participate in deliberations. She voted against those rules. Much of the proceedings could center on her husband’s alleged extramarital affair.

Her appearance on the Senate floor came as the other senators were apparently meeting to get ready for the 9 a.m. start.

— Patrick Svitek

The attorney general faces 16 articles of impeachment

The Texas House voted overwhelmingly to impeach Attorney General Ken Paxton in May. The chamber, held by a Republican majority, adopted 20 articles of impeachment. The Senate, which is also controlled by the GOP, will hear evidence on 16 articles. The other four articles were put on hold.

The 16 articles accuse Paxton of bribery, dereliction of duty and disregard of official duty. Nearly 4,000 pages of evidence provide granular detail of how Paxton allegedly misused his office to help his friend Nate Paul, an Austin real estate investor and campaign donor, who was being investigated by federal authorities as his businesses were floundering. Read more about the 16 articles of impeachment.

Chuck Lindell and James Barragán

Here’s how the impeachment trial will operate

Lt. Gov. Dan Patrick will act as judge. Senators will serve as jurors. The trial will begin with the court clerk reading aloud 16 articles of impeachment. Paxton has been ordered to appear in person. He or his lawyer will plead guilty or not guilty to each article. Some witnesses have also been ordered to appear outside the Senate chamber at 11 a.m.

[Who’s who in the Ken Paxton impeachment trial, from key participants to potential witnesses]

Any motion to dismiss an article of impeachment must be approved by a majority of senators, or at least 16 members. Patrick can rule on any other motion, or he can ask senators to vote on a motion without debate or discussion. Permanently removing Paxton requires support from 21 of 31 senators. His wife, state Sen. Angela Paxton, will not vote.

The House impeachment managers will offer an opening statement first. Paxton's lawyers can make a statement immediately afterward or wait until they begin presenting evidence. Each side has a total of 24 hours to present witnesses and evidence and cross-examine the opposition’s witnesses. After both sides present their evidence, each side will have one hour to present rebuttal evidence. Witnesses will testify under oath. Read more about how the trial will work.

— Yuriko Schumacher and James Barragán

Paxton’s alleged extramarital affair could play key role

Much of the trial is expected to center on Ken Paxton’s alleged infidelity. Sordid details about his life could be publicly aired during the proceedings. House impeachment managers argue that Paxton was driven by his desire to continue and conceal the tryst and went to great lengths to hide the affair from his wife — and from the deeply religious voters who have sustained his political life for two decades. His wife, state Sen. Angela Paxton, will sit as part of the impeachment trial court, but will not vote or deliberate.

Robert Downen and Zach Despart

A political donor is at the center of many accusations

Ken Paxton’s relationship with Austin real estate investor Nate Paul, a political donor to the suspended attorney general, is expected to be a central focus of the impeachment trial. Paxton is accused of misusing his office to help Paul in return for free home renovations and the investor’s help covering up the attorney general’s extramarital affair. Earlier this year, Paul was charged with eight felony counts of making false statements to financial institutions.

The House impeachment managers allege Paxton hired a lawyer to carry out Paul’s bidding — allowing him to use the attorney general’s office as his “concierge law firm,” and harness its investigative powers to harass business rivals and other perceived enemies.

Zach Despart


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This article originally appeared in The Texas Tribune at https://www.texastribune.org/2023/09/05/ken-paxton-impeachment-trial-live-updates/.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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