The Texas Report 9/11

The Texas Report 9/11

The Impeachment Trial for Attorney General Ken Paxton So Far

We are on week two of the Senate Impeachment Trial for Attorney General Ken Paxton.

Tuesday through Friday of last week were primarily cross-examinations of four former Paxton deputies, each part of the eight whistleblowers that went to the FBI. We've now moved on to the fifth witness, called by the House Impeachment Managers.

Paxton hasn't appeared at the trial since denying the charges on the first day.

So far, the witnesses have been:

• Jeff Mateer, former second-in-command for four years to Ken Paxton.

• Ryan Bangert, former deputy first assistant attorney general and deputy for legal counsel.

• Ryan Vassar, former deputy attorney general for legal counsel.

• David Maxwell is a former director of law enforcement and a hall-of-fame Texas Ranger. (Law enforcement, not baseball)

• Mark Penley, former deputy attorney general for criminal justice.

The House Impeachment Managers have been making the case that each of these deputies are conservatives who tried to do everything in their power to protect Ken Paxton and, ultimately, the people of Texas from the outside influence of Nate Paul.

Maxwell was the final witness and is a well-known law enforcement officer with nearly 40 years with the Department of Public Safety. Maxwell joined the Office of the Attorney General under Paxton's predecessor, Greg Abbott. Paxton made him his top cop in the agency in 2015.

He testified that he warned that Paul was a "criminal" and that if Paxton "didn't get away from this individual and stopped doing what he was doing, he was going to get himself indicted. "(More here)

• "Objection, hogwash" is probably the best line of the trial, so far, by House Impeachment Manager Dick DeGuerin in response to a line of question by Paxton's lead defense.

Paxton's defense has yet to really rebuff that Paxton went out of his way to help Nate Paul. Thus far, most of the defense has been that Paxton's staff should have come to the AG with their concerns (each witness has said they explained the efforts made to convince the AG that Nate Paul was a crook). Additionally, Paxton's lawyers have asserted that the deputies didn't have the authority to essentially disagree with what they were witnessing due to Paxton being an elected official.

Buzbee and team have also asserted that this is all part of a plot between Paxton's political enemies and that the Bushes worked with other prominent Republican funders to try and depose Paxton.

Despite little to no evidence being offered, Paxton supporters have been blasting over social media, further alleging a conspiracy in Austin to take out the AG. Their named parties include House Speaker Dade Phelan (R-Beaumont), the Bushes, the staff of Governor Abbott, and the prominent political organization (and significant Republican donor) Texans for Lawsuit Reform. Despite numerous posts alleging these people conspired to take out Paxton, nothing in the trial has signaled that whatsoever.

It's important to circle back that what prompted the House investigation into Paxton was legislators refusing to use taxpayer dollars on the $3.3 million settlement between Paxton and the whistleblowers.

Paxton's defense will likely continue to focus on loyalty

Lead defense lawyer Tony Buzbee equated reporting Paxton to the FBI as an act of betrayal. He said Paxton was deprived of the opportunity to answer questions that could have cleared matters up by going behind the attorney general's back.

"You went to the FBI uninformed, isn't that true?" Buzbee asked Jeff Mateer, Paxton's former second in command and the first prosecution witness.

The House is trying to illustrate "egregious misconduct."

Ryan Bangert testified Wednesday and Thursday that Paxton took an unusual interest in matters involving Paul by pressing to overrule two agency decisions that denied Paul access to documents related to an active investigation into Paul's businesses.

"We were devoting far more resources to Nate Paul than we ever should have," Bangert said.

"I was deeply concerned that the name, authority, and power of our office had been, in my view, hijacked to serve the interests of an individual against the interests of the broader public," Bangert added. "It was unconscionable."

What is likely top of mind for all Senators is their impeachment vote's impact on their political future. Paxton's Republican activist supporters have promised that votes against Paxton will lead to primary opponents, and many business community members are likely weighing which Republicans to trust going forward.

U.S. Senator John Cornyn (former Attorney General) and congressman (former attorney general second in command for Paxton) Chip Roy weighed in on the trial last week.

Cornyn called the allegations deeply disturbing and complimented the Lt. Governor for ensuring everyone gets a fair hearing without making it overly politicized.

An example of what Paxton’s supporters have said:

House impeachment managers and the five witnesses thus far have laid out reasonably significant evidence against Paxton.

However, this hasn't stopped his defenders from trying to tarnish the reputations of the whistleblowers and seemingly continue paying influencers to post supportive messages for the Attorney General.

Louie Gohmert, former Congressman and Republican Attorney General candidate against Paxton weighed in as well:

There's a lot left in the trial, and Paxton's team has yet to call their witness. It's hard to guess what may happen, but there's no doubt that the ramifications of this may further split the Texas Republican Party for years to come. This morning, Lt. Governor Patrick said jury deliberations could be underway as soon as Thursday. He also says the Texas Senate will not have a day off until this is resolved, one way or the other.

Court allows Texas’ buoy border barrier, for now

Last week, a federal appeals court allowed Texas' floating barrier on a section of the Rio Grande to stay in place for now, a day after a judge called the buoys a threat to the safety of migrants and relations between the U.S. and Mexico.

The order by the 5th U.S. Circuit Court of Appeals puts on hold a ruling that would have required Texas to move the buoy barrier on the river.

The barrier is near the border city of Eagle Pass, where Republican Gov. Greg Abbott has authorized measures to discourage migrants from crossing into the U.S.

The stay granted by the New Orleans-based appeals court lets the barrier remain in the water while the legal challenge continues.

The Justice Department brought the lawsuit in a rare instance of President Joe Biden's administration going to court to challenge Texas' border policies.

Last Wednesday, U.S District Judge David Ezra of Austin ordered Texas to move the roughly 1,000-foot barrier out of the middle of the Rio Grande and to the riverbank, calling it a "threat to human life" and an obstruction on the waterway.

In seeking a swift order to allow the buoys to remain, Texas told the appeals court the buoys reroute migrants to ports of entry and that "no injury from them has been reported." Last month, a body was found near the buoys, but Texas officials said preliminary information indicated the person drowned before coming to the barriers.

In a response to the ruling, Abbott said, "Texas will appeal. Today's court decision merely prolongs President Biden's willful refusal to acknowledge that Texas is rightfully stepping up to do the job he should have been doing. This ruling is incorrect and will be overturned on appeal. We will continue to utilize every strategy to secure the border."

Governor Abbott also recently updated some of the metrics behind Operation Lone Star. Since it began, there has been:

• 435,700 illegal immigrant apprehensions

• 34,000 criminal arrests

• More than 30,900 felony charges reported.

• Texas law enforcement has seized over 428 million lethal doses of fentanyl during this border mission.

Additionally, the state has bused:

• Over 11,300 migrants to Washington, D.C., since April 2022

• Over 13,500 migrants to New York City since August 2022

• Over 7,000 migrants to Chicago since August 2022

• Over 2,600 migrants to Philadelphia since November 2022

• Over 1,100 migrants to Denver since May 18

• Over 480 migrants to Los Angeles since June 14

(Abbott also announced an expansion distributing NARCAN to Texas Law Enforcement)