The Texas Report 9/18

The Texas Report 9/18

Texas Senate Acquits Attorney General Ken Paxton

The impeachment trial for Attorney General Ken Paxton ended Saturday morning in a somewhat stunning fashion. Paxton faced sixteen articles of impeachment brought by the Texas House (there were 20, but the Senate chose not to take up four of them when the trial began.)

If any one article received the requisite 2/3 votes, which in this case was 21 because Senator Angela Paxton (Ken's wife) wasn't allowed to vote than he would be impeachment. None of the charges received even a majority, with the highest margin being 14 ayes - 16 nays.

The House case against Paxton centered on a relationship with Austin real estate investor Nate Paul, his close friend and political donor. House prosecution alleged that Paxton abused his office to assist Paul in investigating his enemies, delay foreclosure sales of his properties, gain the upper hand in a lawsuit with a charity, and obtain confidential files on the police investigating him.

• Senators Robert Nichols (R-Jacksonville) and Kelly Hancock (R-North Richland Hills) were the only two Republican Senators who voted for any of the charges. Both are conservative but have historically shown more independence than Republican Senate peers (regarding following the direction of Lt. Governor Patrick).

• Impeachment Articles 1, 2, 3, 6, 7, 10, 15, 16, 17, 18, 19, and 20 received 14 yays to 16 nays. This includes that Paxton allegedly violated his office duties by firing or retaliating against employees violating the Texas Whistleblowers Act, which protects public employees who report potentially illegal action to law enforcement.

• Most of the Republican Senators in statements said they didn't feel the House met the requisite, beyond a reasonable doubt, burden of proof.

Paxton was immediately reinstated as Texas Attorney General and scored the most significant political victory in his career. The scandals and trials around him have given him substantially more national attention, and he's scheduled for a Tucker Carlson interview this week. Now, there’s rumors he's eyeing a primary run at Senator John Cornyn, or even Governor Greg Abbott.

His supporters have spun the win as the death of the "Bush-era" in Texas. In reality, the Bushes and establishment Republicans don't seem to have played any role in Paxton's impeachment trial. No evidence was ever offered connecting the dots that the Bushes led this. As House Impeachment Manager Andrew Murr (R-Junction) pointed out, this came about because Paxton asked the legislature for $3.3 million to settle a whistleblower lawsuit.

On the other side, Paxton's allies spent millions, including a $3 million donation to "trial judge" Lt. Governor Dan Patrick. Thousands of dollars went to contract with conservative influencers to make friendly social media posts on behalf of Paxton (with zero disclosure that it was paid messaging), and there have been daily calls for outreach to Republican State Senators.

There's no easy way to quantify this impact, but Senate Republicans were rumored to have up to 20 votes to impeach, and upon realizing they were one short, the majority flipped to no votes.

Democratic Senators Royce West (D-Dallas) and Sarah Eckhardt (D-Austin) released statements that essentially call out, "political pressure at the last radically, radically changed the process."

• Following the decision, Lt. Governor Patrick, who acted as the judge during the trial, spoke about the proceedings. Patrick bashed the Speaker and House process that led to the trial and said he would "not let the Texas House off the hook for their unprecedented misuse of the process, and their rush to judgment based upon hearsay."

Patrick also reposted a Truth Social message by former President Trump calling for Speaker Phelan's removal. Here's Patrick's full statement:

The importance of the trial aside, the comments by Patrick are extremely eye-popping. This is the most aggressive language he's used regarding Speaker Dade Phelan (R-Beaumont) and sets the stage for a major political battle between the leaders in each chamber. With an expected voucher fight in October, Capitol insiders are completely skeptical that there will be any working relationship between the House and Senate.

Following the comments by Patrick, Phelan responded and held no punches in his feelings toward the Lt. Gov. "I find it deeply concerning that after weeks of claiming he would preside over this trial in an impartial and honest manner, Lt. Governor Patrick would conclude by confessing his bias and placing his contempt for the people's House on full display."

Phelan adds, "Today's outcome appears to have been orchestrated from the start, cheating the people of Texas of justice."

House Impeachment Managers Andrew Murr (R-Junction) and Representative Ann Johnson (D-Houston) held a brief press conference after the trial.

The Representatives defended the House process. Ann Johnson added that evidence showed Paxton was the "most corrupt" politician in Texas, but "Republicans in the Texas Senate just returned him to the office of top cop. I will rely on what I said on the floor of the Texas House: God help us."

Eckhardt statement:

Paxton allies like State Republican Party Chair Matt Rinaldi and former Representative Jonathan Stickland have already promised that any Republican voting against Paxton will face a significant primary election battle. This is likely one of the most important primary elections in recent history and will pit the Speaker & establishment Republicans vs. the party's most conservative wing. Millions are likely to be spent on both sides, and Phelan's future as Speaker is likely dependent on how many incumbents he can protect.

Next steps:

• Patrick has called for "a full audit of all taxpayer money spent by the House from the beginning of their investigation in March to today."

• A federal investigation into Mr. Paxton continues amid reports that a grand jury has been empaneled.

• There is still likely to be a special session in October. Legislators will be asked to work on one of the most controversial political topics while their opponents are back home ramping up campaigns & fundraising.

• The attorney general whistleblowers have yet to receive their $3.3 million settlement agreement.

• Phelan's House Republican detractors will likely try and oust him from the Speakership. (When tried in January, his opponent only received three votes.)

• Will Democrats use Republican in-fighting to capitalize during election season?

After returning to office, Paxton said his full focus would be challenging the Biden administration in court: "Buckle up because your lawless policies will not go unchallenged. We will not allow you to shred the Constitution and infringe on the rights of Texans. You will be held accountable."

More here:

https://www.wsj.com/articles/dan-patrick-saves-ken-paxton-impeachment-texas-gop-senate-dd04c809