Impeachment trial of Attorney General Ken Paxton set to begin in the Texas Senate

The Texas Senate is preparing to begin the impeachment trial of Attorney General Ken Paxton on Tuesday, a political reckoning of years of alleged malfeasance that could result in his permanent removal from office.

Paxton’s destiny, a 60-year-old Republican, is in the hands of Republican senators with whom he served before winning a statewide election to become attorney general in 2015.

The historic proceeding is a rare case of a political party attempting to hold one of its own accountable for claims of misconduct in an era of intense polarisation. The impeachment also came as a surprise to Paxton, who has gained a national image battling high-profile legal fights, including attempting to overturn the 2020 presidential election, and who was elected to a third term in 2022 despite ongoing state criminal charges and an FBI investigation.

In May, the Republican-led House of Representatives overwhelmingly voted to impeach Paxton, largely on the basis of former deputies’ claims that the attorney general used his power to help a wealthy donor who in turn received favours such as hiring a woman with whom Paxton had an extramarital affair. Abuse of public trust, unfitness for office, and bribery are among the 20 articles of impeachment.

The 121-23 vote instantly suspended Paxton, making him only the third sitting official to be impeached in Texas’ almost 200-year history.

Paxton has called the impeachment process a “politically motivated sham” and an attempt to disenfranchise his constituents. The attorney general’s counsel has stated that he would not testify in the Senate trial. He has stated that he believes he will be acquitted.

Paxton faces trial by a jury — the 31 state senators — stacked with his ideological allies and a “judge,” Republican Lt. Gov. Dan Patrick, who loaned $125,000 to his last reelection campaign. His wife, Sen. Angela Paxton, will attend the trial but cannot participate or vote. Two other senators play a role in the allegations against Paxton.

A two-thirds majority — or 21 senators — is required for conviction, meaning that if all 12 Senate Democrats vote against Paxton, they still need at least nine of the 19 Republicans to join them.

The trial will likely bring forth new evidence. But the outline of the allegations against Paxton has been public since 2020 when eight of his top deputies told the FBI that the attorney general was breaking the law to help Austin real estate developer Nate Paul.

The deputies — largely conservatives whom Paxton handpicked for their jobs — told investigators that Paxton had gone against their advice and hired an outside lawyer to probe Paul’s allegations of wrongdoing by the FBI in its investigation of the developer. They also said Paxton pressured his staff to take other actions that helped Paul.

In return, Paul allegedly hired a former aide to a Republican state senator with whom Paxton was having an affair and bankrolled the renovations of one of the attorney general’s properties, a million-dollar home in Austin.

Paul was indicted in June on federal criminal charges that he made false statements to banks to secure more than $170 million in loans. He pleaded not guilty and has broadly denied wrongdoing in his dealings with Paxton.

The two men bonded over a shared feeling that they were the targets of corrupt law enforcement, according to a memo by one of the staffers who went to the FBI. Paxton was indicted on securities fraud charges in 2015 but is yet to stand trial. The Senate is not taking up, at least initially, three impeachment articles about the alleged securities fraud and a fourth related to Paxton’s ethics filings.

Federal prosecutors continue to examine Paul and Paxton’s relationship, so the evidence presented during his impeachment trial poses a legal as well as a political risk to the attorney general.

After going to the FBI, all eight of Paxton’s deputies quit or were fired. Their departures led to an exodus of other seasoned lawyers and saw the attorney general’s office consumed by dysfunction behind the scenes.

Four of the deputies later sued Paxton under the State Whistleblower Act. The bipartisan group of lawmakers who led Paxton’s impeachment in the House said it was him seeking $3.3 million in taxpayer funds to settle with the group that prompted them to investigate his dealings.