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US President Joe Biden Departure

Eric Gay

AUSTIN — Senators started deliberating Friday afternoon following eight days of testimony in the historic impeachment trial of Republican Attorney General Ken Paxton, who could be barred from public office if found guilty on charges of bribery, unfitness for office and abuse of public trust.

Conviction requires a two-thirds vote, meaning 21 of the chamber’s 31 members. Nineteen of those lawmakers are Republicans, including Paxton’s wife, Sen. Angela Paxton, who was seated for the trial but will not be allowed to vote.

Paxton, 60, who returned Friday morning for the first time since pleading not guilty, was <a href="https://www.washingtonpost.com/nation/2023/05/27/texas-impeachment-paxton-attorney-general-vote/" target=_blank>impeached by the Texas House</a> in May after he requested $3.3 million in state funding to settle a lawsuit by senior aides-turned-whistleblowers. It was a stunning upset at the hands of fellow Republicans that forced him from office pending trial.

The deliberations on his future, which are taking place behind closed doors, continued for nearly eight hours before lawmakers went home for the night. They will resume on Saturday, and once they are ready to vote on conviction or acquittal, the rules require that they do so in public on the chamber floor, without debate or comment. They will vote separately on each of the articles of impeachment, first in writing on a form, then by voice, standing at their desk.

A three-term attorney general endorsed by former president <a href="https://www.washingtonpost.com/donald-trump/" target="_blank" class="contextual_link">Donald Trump</a> and reelected last year by a wide margin, Paxton is only the third official to be impeached since Texas became a state in 1845. Some have seen the trial as a referendum not only on his brand of populist conservatism but on Trump.

“There will be more national implications if he survives this than if he doesn’t,” said Jim Henson, director of the Texas Politics Project at the University of Texas at Austin.

Highlighting the stakes, Trump and prominent conservatives such as Rep. Matt Gaetz (R-Fla.) have publicly lobbied for Paxton. Trump posted on Truth Social late Wednesday, calling him “one of the TOUGHEST &amp; BEST Attorney Generals in the Country” and dismissing the “shameful” attempt to undo his reelection.

Activists backing Paxton discussed on social media which GOP senators might be swing votes — some already face primary challenges — and urged local supporters to contact them. Charlie Kirk, founder of the Arizona-based group Turning Point USA, posted a list of 10 lawmakers who “insiders” had told him were uncertain votes.

“These are potentially the AG’s greatest allies for acquittal,” Kirk wrote on Thursday.

Within Texas, the attorney general and his trial have divided many on the state’s political right, from party leaders and officials to radio hosts. Some, including U.S. Sen. Ted Cruz and Matt Rinaldi, the chair of the state’s Republican Party, openly sided with him and accused detractors of being RINOs, or “Republicans In Name Only.” U.S. Sen. John Cornyn and others said they were troubled by mounting evidence against Paxton, testimony of arch-conservative whistleblowers and members of law enforcement.

Prosecutors built their case in part on the testimony of individuals who had worked for Paxton; the former staffers recounted their anguish over his behavior, which became so disturbing they reported him to the FBI. Many of the prosecution’s 15 witnesses said the attorney general had turned his powerful office over to wealthy Austin developer Nate Paul, who was using it to go after his enemies.

The defense’s four witnesses — all current employees of the Office of the Attorney General — testified in a single day. They attempted to discredit the whistleblowers and to downplay the favors their boss is accused of doing for Paul.

The senators reconvened just after 9 a.m. Friday to hear closing arguments. Lead defense attorney Tony Buzbee shouted at times in indignation, mocking those whistleblowers and dismissing the case against Paxton as a political “witch hunt” orchestrated by conservative rivals, part of “a partisan fight” within the GOP.

“They assumed that this man would run and hide. They assumed that Ken Paxton would resign,” Buzbee said. Instead, “he is proud and ready to go back to work.”

And once again, senators were cautioned not to judge Paxton based on his personal life, lest they draw similar scrutiny. “If this impeachment is based on a marital impropriety, then line up — we’re going to be doing a lot of impeaching in this city,” Buzbee said.

Yet the most powerful moment came during prosecutors’ closing, when Rep. Jeff Leach (R), one of the impeachment managers, explained why he had voted to impeach his “dear friend, political mentor, brother in Christ and once trusted adviser.” Leach recalled how he had campaigned for Paxton, knocking on doors and soliciting donations. But when he attempted to call him before a House committee this year to answer questions about alleged improprieties, Paxton refused — a dozen times.

The law and the evidence “is clear,” Leach continued. So while the senators face a personal decision on how to vote, he said, they must ask themselves one question: “What is right?”

By noon, all final statements were done. Patrick warned senators not to discuss the case with outsiders or surf the internet until a verdict is reached. “God bless all of you,” he said as he adjourned them for their deliberations. “Thank you for your service to Texas.”

Paxton initially faced <a href="https://www.washingtonpost.com/politics/2023/09/05/texas-ken-paxton-impeachment/?itid=lk_inline_manual_22" target=_blank>20 articles of impeachment, including misconduct, bribery, obstruction of justice and misappropriation of public resources</a>. The Senate’s impeachment rules committee set aside four charges involving his private business dealings that House investigators alleged were obstruction of justice and false statements in official records. At some point the Senate will have to decide whether to dismiss those charges or hold a separate trial on them.

The current trial was supposed to be conducted like a court of law, but notable differences were evident from day one.

Instead of a judge, Lt. Gov. Dan Patrick (R), a longtime Paxton ally without legal training, presided with minimal help from a retired Texas judge he drafted to assist. Paxton was not required to attend.

And there were time limits: Each side had 27 hours to make opening and closing arguments, present evidence and cross-examine witnesses. While more than a hundred potential witnesses were notified they might have to appear, only 19 were ultimately called.

The defendant refused to testify, which Patrick allowed. Also absent from the witness stand were Paul, a Paxton donor, and Laura Olson, the woman with whom Paxton repeatedly had an affair. Olson, whose employment by Paul at Paxton’s request was one of the alleged bribes, <a href="https://www.washingtonpost.com/nation/2023/09/13/paxton-texas-attorney-general-mistress/" target=_blank>made an appearance</a> in the Capitol on Wednesday but then was excused from testifying. Paul is awaiting trial in federal court on charges of financial fraud <a href="https://www.justice.gov/usao-wdtx/pr/commercial-real-estate-investor-natin-paul-indicted-eight-counts-austin" target=_blank>for making false statements on loan applications</a>.

Paxton’s attorneys have denounced the proceeding as a witch hunt orchestrated by RINO underlings and political rivals, particularly those aligned with former Texas land commissioner George P. Bush, the nephew and grandson of the former presidents, who unsuccessfully challenged Paxton in last year’s Republican primary. The counternarrative, which Paxton has pushed in public statements, speaks to his larger political ambitions.

“They are trying this case for the media and a larger audience,” said Mike Golden, a lecturer at the University of Texas at Austin School of Law, adding, “It plays great to Paxton’s base.”

Whatever the Senate decides, the losing side won’t be able to appeal because the state constitution doesn’t provide an avenue for doing so. “The legal answer is no,” Golden said.

Should the Senate convict Paxton and bar him from holding public office “under this state,” as Senate rules specify, it’s not clear whether that would prevent him from running for a national office such as in Congress, and in particular, challenging Cornyn in 2026. “It’s something we’ve never tested before in Texas,” Golden said.

It’s also unclear who would replace Paxton for the remainder of his four-year term if the Senate returns a conviction. Gov. Greg Abbott appointed a temporary replacement for him during the trial.

Separately, Paxton is still contending with felony securities fraud charges — he was indicted months after he took office as attorney general in 2015 — but that case has languished as lawyers have fought over where Paxton should be tried. A hearing is scheduled in Houston on Oct. 6.

Eva Ruth Moravec

2018 APME International Perspective

2015 Overseas Press Club

2013 DART Award

2012 Livingston Finalist

Harvard College, BA Social Studies, 1999

Molly Hennessy-Fiske joined The Post in 2022 as a national reporter based in Texas covering breaking news and red states.

Molly Hennessy-Fiske

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