Texas AG Ken Paxton impeachment trial to begin this summer with 12-member prosecution team

May 29, 2023
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AUSTIN — The Texas House on Monday delivered articles of impeachment against Attorney General Ken Paxton to the Senate, setting in motion a trial process to determine whether the state’s top lawyer should be removed from office.

On Monday evening, the Senate announced that the trial would begin no later than Aug. 28, according to media reports. A committee of seven senators, which includes Royce West, D-Dallas, will meet on June 20 to adopt rules for the impeachment proceedings — the first of their kind in nearly half a century.

House Speaker Dade Phelan selected a dozen representatives — seven Republicans and five Democrats — to make the case that Paxton abused his power and is unfit to serve. It’s unclear who will represent Paxton, a third-term Republican, or how much time each side will have to prepare.

Shortly after being named on Monday afternoon, the 12 House members walked across the Capitol rotunda to the Senate floor with the impeachment articles in hand. Rep. Andrew Murr, R-Junction, announced the group’s arrival and purpose.

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Some Senators stood during their announcement. Others remained seated, including Sen. Angela Paxton, the attorney general’s wife. The McKinney Republican has not said whether she will participate or recuse herself.

House lawmakers return from delivering articles of impeachment against AG Ken Paxton to the Senate The Texas House delivered articles of impeachment against Attorney General Ken Paxton to the Senate at the Texas Capitol in Austin, on Monday, May 29, 2023 (Lauren McGaughy / Author)

At a later news conference, Murr refused to comment on whether Angela Paxton and Sen. Bryan Hughes, a Mineola Republican also named in the impeachment investigation, should serve as jurors. Murr said the House managers trust the other chamber will treat the matter with the same gravity that they do.

“This is a solemn process that all of us take very seriously,” Murr said. “This is about facts and the evidence. It is not about politics.”

The attorney general’s office did not respond to a request for comment.

During the trial, the senators will serve as jurors and Patrick, who leads the Senate as president, will preside as judge.

House Speaker Dade Phelan chose the board of managers, which includes members of the House Committee on General Investigating, who wrote the impeachment articles. They are Murr; Charlie Geren, R-Fort Worth; Ann Johnson, D-Houston; David Spiller, R-Jacksboro and Oscar Longoria, D-Mission. Murr will lead the board and Johnson will be his second.

The team also includes Rep. Jeff Leach, R-Allen; Morgan Meyer, R-Dallas; Briscoe Cain, R-Deer Park; Terry Canales, D-Edinburg; Erin Gamez, D-Brownsville; Joe Moody, D-El Paso; and Cody Vasut, R-Angleton.

All but one are lawyers. They bring a mix of experience as former prosecutors, criminal defense lawyers, commercial litigators and personal injury attorneys. Murr, who leads the group, is a former Kimble County Judge who presided over criminal, civil and probate cases, according to a biography on his firm’s website.

The GOP-led House on Saturday voted overwhelmingly to impeach Paxton, alleging numerous abuses of office by their fellow Republican.

The 20 articles of impeachment accuse Paxton of accepting bribes, including a kitchen remodel, in exchange for using his power to help a campaign donor entangled in an FBI investigation. They also accuse Paxton of obstructing justice by delaying his trial on securities fraud charges he’s faced for nearly eight years.

Paxton denies any wrongdoing. He called the impeachment a shameful process to thwart voters’ will and said he is looking forward “to a quick resolution in the Texas Senate.” Already, his office sent documents to senators’ offices outlining a defense, though several lawmakers said they will not read it before the trial.

Paxton has been suspended from performing official duties during the impeachment proceedings. His top deputy, Brent Webster, is leading the agency in his stead.

On Monday, Paxton tweeted pictures from a rally at the Collin County courthouse where people protested his impeachment.

“Thank you!” Paxton wrote. “Appreciate all of your support.”

The Texas House board of managers speak to press about AG Ken Paxton impeachment proceedings (Lauren McGaughy / Author)

After delivering the articles of impeachment, the House managers discussed next steps at a news conference. Murr did not say whether the attorney general would have to testify.

“We’re part of a judicial proceeding and I’m not going to speculate or comment on whether or not the accused chooses to participate in that way,” he said.

Johnson said the Office of the Attorney General might have crossed the line into jury tampering when it gave senators thick packets of documents laying out Paxton’s defense. The agency should have realized that “dropping a binder on your potential jurors could be considered tampering or attempting to interfere with a lawful process.”

She declined to say whether the House would add “jury tampering” to its list of articles of impeachment.

Asked about alleged threats from Paxton against House lawmakers ahead of the impeachment vote, Murr said the board are “public servants.”

“At the end of the day, my colleagues and I will not stand for public corruption and that’s why we’re proceeding to a trial in the Texas Senate,” he said.

Austin bureau reporter Philip Jankowski contributed to this story.

Source: The Dallas Morning News