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Monday, September 18, 2023

Post #6414 Rant of the Day: Texas AG Ken Paxton is Acquitted of 16 Impeachment Articles

 Probably Paxton is best known as the Trump-aligned incumbent Texas Attorney General who recently beat back then Land Commissioner George P. Bush's challenge. Bush was a fourth generation Bush Family Political Dynasty member, the firstborn son of Trump archenemy former Florida governor Jeb Bush.

Paxton has been dogged with legal problems since his first year as AG in 2015:

Paxton had barely held the attorney general's office for half a year when a grand jury in Collin County handed up indictments on two counts of securities fraud, a first-degree felony that carries a penalty of up to 99 years in prison, and one count of failing to register with state securities regulators, a third-degree felony with a maximum of 10 years in prison...On the most serious charges, Paxton stands accused of violating state securities laws to defraud two members of an investment club he belonged to when, in July 2011, Paxton recommended buying shares in Servergy Inc. without disclosing that the McKinney tech company was paying him to promote its stock.

An investigation by the U.S. Securities and Exchange Commission followed, leading the agency to file a federal lawsuit in 2016 accusing Paxton of fraud. According to information in the SEC lawsuit and the indictments, the investment club required members to take the same risks and receive the same benefits on every investment, with nobody making money off of the investment of another member, but Paxton did not disclose his financial deal with Servergy, nor did he invest his own money in the company despite claiming that he had.

Impeachment articles 11-14 touch on the securities fraud allegations:

Article 11, obstruction of justice

Paxton abused the judicial process to thwart justice by causing “protracted” delays after a Collin County grand jury indicted him for securities fraud for soliciting investors in Servergy Inc. without disclosing that the McKinney tech company was paying him to round up investors. Those delays “deprived the electorate of its opportunity to make an informed decision when voting for attorney general,” the resolution said.

Article 12, obstruction of justice 

Paxton abused the judicial process to thwart justice when Jeff Blackard, a donor to his campaigns, took legal action that “disrupted payment of the prosecutors” in the securities fraud case against him, causing a protracted delay in the case.

Article 13, false statements in official records

Before and after holding public office, Paxton made false statements to mislead the public and public officials by lying to the State Securities Board during its investigation of Paxton’s failure to register as an investment adviser as required by state law.

Article 14, false statements in official records

Before and during his time in office, Paxton made false statements on personal finance statements required by Texas law by failing to “fully and accurately disclose his financial interests” on disclosure forms.

The Texas Senate dismissed said counts:



The other 16 counts focus on Paxton's conduct as AG:

Paxton heads into this next [2022] election with a new problem — allegations of official misconduct leveled by eight of his top lieutenants at the Texas attorney general's office, all of whom have since been fired or resigned....In fall 2020, the agency officials told the FBI and the Texas Rangers that they believed Paxton had accepted bribes, tampered with government records, obstructed justice and misused the powers of his office to help his friend and benefactor Nate Paul, an Austin real estate investor...most of the public knowledge of the allegations against Paxton comes from a whistleblower lawsuit by four former executives who claim they were improperly fired from the attorney general's office in retaliation for taking their concerns to law enforcement.

  • Paxton improperly intervened in a dispute over open records to help Paul gain access to investigative documents related to the searches of Paul's home and businesses
  • Paxton, overriding a decision by his agency's Charitable Trust Division, directed the attorney general's office to intervene in a Mitte Foundation lawsuit against Paul
  • Paxton pressed to have a written opinion published at 2 a.m. on a Sunday stating that COVID-19 safety rules required foreclosure sales to be suspended...allowed Paul to delay a foreclosure sale for at least one of his properties two days later, the lawsuit alleges.
  • The whistleblowers also accused Paxton of "personally orchestrating" an attorney general's office investigation into Paul's claims of an improper search...Paxton went outside normal procedures to hire as outside counsel "someone he could direct and control: Brandon Cammack, a five-year lawyer with no law-enforcement or investigative experience,"
  • The fired executives alleged that in return, Paul paid to remodel Paxton's home, employed Paxton's mistress and gave Paxton a $25,000 political donation.
What seemed to trigger the House was when Paxton agreed to settle whistleblower complaints at the expense of Texas taxpayers. The GOP-controlled Texas House strongly voted for Paxton's impeachment on 20 counts, including a super-majority of House Republicans:




Here are the state senate vote breakdowns {note that Paxton's wife, who was elected to Ken Paxton's former state senate seat) was not allowed to vote:

Vote breakdown

Hover over each square to see the name of each senator who voted.

ARTICLE 1: DISREGARD OF OFFICIAL DUTY Acquitted

Paxton violated the duties of his office by failing to protect a charitable organization by directing employees to intervene in a lawsuit between the nonprofit Mitte Foundation and Austin real estate investor Nate Paul.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 2: DISREGARD OF OFFICIAL DUTY Acquitted

Paxton misused his official power to issue written legal opinions to help Paul avoid foreclosure sales of properties owned by Paul and his businesses.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 3: DISREGARD OF OFFICIAL DUTY Acquitted

Paxton misused his official power to administer the state's public information laws by directing employees to act contrary to the law on an open records request for Department of Public Safety documents and in another case.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 4: DISREGARD OF OFFICIAL DUTY Acquitted

Paxton misused his power to administer public information laws to obtain previously undisclosed information held by his office "for the purpose of providing the information to the benefit of Nate Paul."

TotalRep.Dem.
21 votes needed
Convict202
 Acquit281810

ARTICLE 5: DISREGARD OF OFFICIAL DUTY Acquitted

Paxton misused his official powers by violating the laws regarding how outside attorneys should be appointed. Paxton hired Brandon Cammack, a lawyer of five years, to investigate a “baseless complaint” made by Paul.

TotalRep.Dem.
21 votes needed
Convict13112
 Acquit17170

ARTICLE 6: DISREGARD OF OFFICIAL DUTY Acquitted

Paxton violated his duties of office by firing or retaliating against employees in violation of the Texas Whistleblowers Act, which protects public employees who make good-faith reports of potentially illegal action to law enforcement.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 7: MISAPPLICATION OF PUBLIC RESOURCES Acquitted

Paxton misused public resources by directing employees to conduct a “sham investigation” into the whistleblowers’ complaints, leading the attorney general’s office to publish “a lengthy written report containing false or misleading statements in Paxton’s defense.”

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 8: DISREGARD OF OFFICIAL DUTY Acquitted

Paxton misused his official powers by “concealing his wrongful acts in connection with the whistleblower complaints.” To settle the whistleblowers’ lawsuit, Paxton agreed to pay them $3.3 million from public funds. The agreement “conspicuously delayed the discovery of facts and testimony at trial, to Paxton’s advantage” and deprived voters of the opportunity to make an informed decision in the 2022 election for attorney general.

TotalRep.Dem.
21 votes needed
Convict817
 Acquit22175

ARTICLE 9: CONSTITUTIONAL BRIBERY Acquitted

Paxton engaged in bribery in violation of the Texas Constitution when he benefited from Paul’s decision to employ a woman “with whom Paxton was having an extramarital affair.”

TotalRep.Dem.
21 votes needed
Convict12012
 Acquit18180

ARTICLE 10: CONSTITUTIONAL BRIBERY Acquitted

Paxton engaged in bribery in violation of the Texas Constitution when Paul provided extensive renovations to Paxton’s Austin home. In return, Paul received favorable legal help from Paxton’s agency.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 15: FALSE STATEMENTS IN OFFICIAL RECORDS Acquitted

Paxton made, or caused others to make, multiple false or misleading statements in his office’s response to the whistleblowers’ claims in an effort to mislead the public and public officials.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 16: CONSPIRACY AND ATTEMPTED CONSPIRACY Acquitted

Paxton acted with others to conspire, or attempt to conspire, to commit the crimes described in the other articles.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 17: MISAPPROPRIATION OF PUBLIC RESOURCES Acquitted

Paxton misused his official powers by causing employees to perform services for his benefit and the benefit of others.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 18: DERELICTION OF DUTY Acquitted

Paxton violated the Texas Constitution, his oaths of office, plus statutes and public policy against public officials acting against the public interest.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 19: UNFITNESS FOR OFFICE Acquitted

Paxton engaged in private and public misconduct, described in the articles, that “indicate his unfitness for office.”

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160

ARTICLE 20: ABUSE OF PUBLIC TRUST Acquitted

Paxton subverted the lawful operation of Texas government by using, misusing or failing to use his official powers and obstructed the fair and impartial administration of justice, bringing the attorney general’s office “into scandal and disrepute,” which harmed the public’s confidence in the state’s government.

TotalRep.Dem.
21 votes needed
Convict14212
 Acquit16160
As you can tell, bipartisan votes to convict were recorded on most counts, but over 80% of GOP state senators voted to acquit, and a super-majority of senators was needed to convict.

As a native Texan, I am appalled by the Texas Senate ignoring the evidence, not unlike how Trump escaped impeachment twice by similarly political reasons despite compelling evidence. Paxton still isn't out of the woods; he is still facing state and federal adjudication on related charges. I left the GOP over dirty politicians like Trump and Paxton, and if the GOP doesn't police its own members, voters will ultimately judge them.