Welcome to the first edition of what is hoped to be of several editions of The Outsider supplement podcast. The idea is to state reasons for the publication and from time to time have a guest to help sort through some of items and concepts discussed in the piece. For today’s episode, a lot of research exists on the now suspended AG Ken Paxton and his political baggage carried like an albatross around his and the Republican Party’s neck, but it had to start somewhere. With that in mind and barring any significant omissions, we turn to a great investigative reporter, truly one of – if not the – best in Lauren McGaughy from the Dallas Morning News.
READ HER STORY
From all of this, the biggest hold up was where the trial should take place. Last month – June 2023 – The Criminal Court of Appeals ruled the case had to take place in Houston, bringing an end to a silly drama lasting eight years. The story from a great journalist James Baragán from the Texas Tribune gives further detail on the case.
READ HIS STORY
Then came his 2020 issues with real estate agent and political donor Nate Paul, the $3.3 million settlement of his case with those from his office, and then asking the legislature to budget it for his office to pay the settlement, which led to his impeachment. The investigative report explicitly read that if he did not ask for the money, there would have been no investigation, ergo, no impeachment. Paxton brought all of this on to himself.
Now, suspended AG Paxton awaits his impeachment trial, in which he said he won’t testify, and sometime soon, there will be his securities fraud trial in Houston. Paxton probably wishes this year to end as soon as possible.
The pushback from grassroots Republicans throughout the impeachment was the process. They argue it was rushed and Paxton could not testify. Well, we need to understand a few things before answering those criticisms. One is the Texas Legislature is part-time, citizen led. It is like ultra-part-time because it meets in odd numbered years for 140 days. It is not like Congress, which is full time and can carry an investigation for weeks on end. The Texas House needed three full months of intense investigation. Arguing the investigation and the impeachment was rushed is as bad as an argument as saying the bills passed the legislature are no good because the lawmaking process was rushed. It makes no sense.
Two is the lack of testimony from Ken Paxton. A good comparison to impeachment is an indictment and indictments are handed down by grand juries. It would be fair to ask those who complain about Paxton not testifying if they knew anyone under investigation who testified before a grand jury. They would not because it does not happen. That is what needs to be understood.
Three is an argument often heard and even brought forward in a tweet by Sen. Ted Cruz as to how great of an AG Paxton is and should not be impeached due to excellent job performance. Impeachment has nothing to do with the merits of the job and the junior senator should know that. Impeachment is the ultimate check on an elected official who broke public trust and there are many Republicans, especially in the Texas House who agree that he has broken such trust.
Another argument is his charges are old and the voters knew about them but voted him in regardless and this is a stunt to dismiss the will of the people. That would be so if Paxton didn’t ask the legislature to fund his $3.3 million settlement with his whistleblowers. Because he did, that makes everything current.
When hearing those arguments as to why he should not be impeached, remember the counterarguments and decide for yourself.
The ball now rests with the Senate trial. And while the Senate adopted its rules for the September trial and part of them was to have the suspended AG testify, Paxton said he would not. This throws a wrench into just about everything because the Senate is the one holding the trial and if the Senate wants him, I have a good feeling it will get him.
Now his wife, Angela Paxton, is State Senator and the Senate, in its adopted rules, made her essentially powerless. She is part of the official count but she cannot deliberate with the Senators, who behave as the jury. There will be times when she will be on the outside looking in, especially when it matters.
The question comes if Paxton will receive the necessary two-thirds majority vote to be convicted of impeachment, hence removed from office and barred from holding any state public office again. With the two-thirds of 31 equating to 21, it will be difficult. It, quite honestly, should be a high bar to clear. If we are also honest, this should be a no-brainer. The evidence brought to trial is clear and damning. The Senate – acting as jurors in this capacity – should vote near unanimously to convict him. But that is why we have a trial. Hopefully Senators will have a clear judgment of the facts and law and put Texas and public trust above Party.
Thanks for tuning in to this supplement recording to my written piece. Do not hesitate to share this with as many people as you would like. Look for another publication and supplemental post next week.
