The Texas Report 5/26

The Texas Report 5/26

What’s Happening:

• Texas Attorney General faces House Impeachment Vote

In today’s Texas Report we will solely be focusing on the potential impeachment of the state’s top law enforcement official, Attorney General Ken Paxton. Rumors suggest that the Texas House impeachment vote is likely on Saturday. We’re also entering the last couple days of the Texas legislative session, so many of the most important priority bills will be finalized over the weekend.

Texas Attorney General vs. Texas House Speaker

In a legitimately unprecedented move, the Texas House General Investigating (GI) Committee voted on Thursday to recommend Attorney General Ken Paxton be impeached and removed from office. The committee cited twenty accusations which include disregard of official duty, bribery, misapplication of public resources, retaliation against whistleblowers, obstruction of justice, conspiracy, false statements in official records, and more.

Representative Andrew Murr (R-Junction), chair of the committee, added that he intends to "call up the resolution adopting the articles of impeachment."

What all this means and why it's important:

• The Texas Legislature is considering impeaching the state attorney general, which has never happened before and is one of the biggest stories in Texas political history.

• Texas Attorney General Ken Paxton has well-documented legal issues. However, this is the first time they've been aired out to such a degree by leadership in the Texas Republican Party.

• Texas may impeach one of its most powerful Republican officials, and it's top Law Enforcement Officer.

How we got here:

• On Tuesday, Paxton took to social media calling for the resignation of House Speaker Dade Phelan, alleging he'd been presiding over the Texas House under the influence of alcohol.

• Later that day, it becomes apparent that the House has been investigating AG Paxton's conduct since March, meaning Paxton may have been trying to divert attention back to the Speaker.

• Wednesday, the GI committee hears testimony from lawyers investigating the Attorney General. The investigators describe how Paxton used his office to provide a friend and business partner (Nate Paul) with confidential FBI documents.

• Representative Ann Johnson (D-Houston) asked the investigators, "Would it be fair to say the OAG's office was effectively hijacked for an investigation by Nate Paul through the attorney general?" Lead investigator Erin Epley responded, "That would be my opinion."

• To summarize the legal issues surrounding Paxton, he's got two counts of felony securities fraud related to private business deals in 2011.

• Paxton faces a $3.3 million whistleblower lawsuit based on claims from four former senior employees that Paxton improperly fired them after they reported concerns about Paxton to federal and state investigators.

Paxton used state resources for Nate Paul:

These are some of the major allegations from the investigators:

Paul, who is in the middle of multiple bankruptcy proceedings and financial litigation, used his relationship with Paxton to subvert investigations from the FBI and Texas Department of Public Safety.

• Paxton created a position within the Office of Attorney General and hired an attorney at Paul's behest to help investigate the federal officials looking into Paul. Paxton's staff recommended against the hiring of the "special prosecutor," who was subsequently able to use unredacted FBI reports to pinpoint and subpoena 39 targets in support of Paul's business interests.

• There was specific information Paul wanted uncovered related to his investigation. And the AG used a specific ruling for the first time in decades to make it easier for Paul to obtain the information intended only for law enforcement matters. After obtaining his own copy of the documents Paxton then directed an aide to deliver a manila envelope to Paul at his business. Following the delivery, Paul's attorneys stopped asking for the FBI records. The investigators weren't sure what documents were in the envelope.

• Investigators also found that Paxton pressured his office to intervene in a lawsuit filed by the Roy F. & Joann Cole Mitte Foundation, an Austin-based nonprofit, against Paul, alleging fraud. Again, Paxton's staff disagreed with his efforts. The Attorney’s Office actually has oversight authority of charity and charitable Trusts.

Attorney General Paxton responded to these allegations with a statement "By attacking the Office of the Attorney General, corrupted politicians in the Texas House, led by liberal Speaker Dade Phelan, are actively destroying Texas's position as the most powerful backstop against the Biden agenda in the entire country."

Additionally, a member of the AGs office showed up to a Thursday GI meeting to try and defend the AG and said, "The voters want Ken Paxton, and this committee — by investigating him, by not allowing us to be heard here today, by never reaching out to us at any time during this investigative process — is trying to thwart the will of the voters. We deserve to be heard here today."

Should the House choose to remove Paxton, the Senate would have a trial on the charges. In speaking with WFAA when this came up, Lt. Governor Patrick said the Senate "will all be responsible as any juror would be… and I think the members will do their duty." The Texas House needs a simple majority to impeach while the Senate would need 2/3s votes. (More here)

Also, Ken Paxton's wife is a state Senator, which adds a wrinkle to this highly complex situation.

Only two officials in Texas have been successfully impeached, Governor James Ferguson in 1917 and Judge O.P. Carillo in 1975.

Next Steps:

• House votes on impeachment of Paxton

• Senate purses a potential trial of impeachment

• Legal battle between Paxton and the House

More context: