The keys to the historic impeachment of Ken Paxton

The historic impeachment trial of Texas Attorney General Ken Paxton begins Tuesday in the Texas Senate. It is the first political litigation in more than a century in The Lone Star State to remove an elected public official. The most recent was of the governor James "Pa" Ferguson in 1917. Paxton's case has aroused enormous interest that has even crossed state lines. These are the keys that will decide the future of one of main adversaries of the Democratic Party and Biden administration immigration policy, who has been accused of accepting bribes and abuse of power, among other charges.

Why is Paxton on trial?

Last May, the Texas House of Representatives decided by an overwhelming majority (121-31) to open a trial for the removal of the attorney general after an investigation into several alleged crimes which Paxton was charged with in 2020. The FBI even opened an investigation after a complaint of senior staff from Paxton's own office.

In total, Paxton faces 20 articles of impeachment, including charges of bribery, abuse of power and obstruction of justice. At first, 16 of them will be evaluated, leaving the remaining four for later litigation as the trial progresses. The trial is expected to last about two weeks.

Paxton's impeachment could end before it starts

Paxton and his attorneys requested that 19 of the 20 articles of impeachment against him be withdrawn, invoking the Prior Election Doctrine of Texas Government Code (sec. 665). According to this text, "An officer in this state may not be removed from office for an act the officer may have committed before the officer's election to office."

The charges against Paxton were reported to the FBI in 2020, and, in fact, the attorney general reached a $3.3-million settlement with the plaintiffs, who were veteran members of his own office. Paxton was re-elected in the 2022 midterms. However, Texas representatives disputed that this law indeed applies to Paxton.

If senators, who serve as jurors in this type of trial, accept the arguments of the attorney general and his team, the process would end immediately.

Paxton's wife, a senator, will be present but will not vote

One of the main focuses of attention is Angela Paxton. The attorney general's wife, a state senator, recused herself for conflict of interest but will attend the proceedings. Her presence is also notable because several of the charges her husband faces are for accepting gifts for a woman with whom he allegedly had an extramarital affair. Specifically, he is accused of performing political favors to Nate Paul, a real estate developer and campaign donor, in exchange for a job for his alleged lover as well as a kitchen remodel.

Without Angela Paxton's vote, the decision is left to the remaining 30 senators and Republican Lieutenant Governor Dan Patrick. The votes of the 12 Democratic lawmakers appear clear, but it remains to be seen what the remaining 18 Republicans will do. The support of at least eight of the conservatives will be required, since a two-thirds majority is needed to remove Paxton.

Another aspect to consider is the support of Christian legislators. Given Paxton's extramarital affair, which relates to some of the crimes Paxton has allegedly committed, their support is unclear. The division among GOP members was evident in the approval of the impeachment trial, in which 60 Republicans added their votes to the 61 Democrats.

A political trial

Patrick wanted to make it clear that Paxton's trial is "not a criminal trial. It is not a civil trial. It's a political trial." That is, in the event that Paxton is found guilty, he would be immediately deposed (he is currently suspended from employment and salary) and would be banned from holding public office again. However, there would be no criminal penalty associated with dismissal. In fact, Paxton would not even automatically lose his state pension if convicted.

The final say on these preliminary issues lies in Patrick's hands. Paxton's lawyers requested several consolations in this regard, such as preventing the mention of campaign contributions or events prior to 2023. They also called for the removal of three Democratic senators from the jury, alleging bias against Paxton. Finally, they requested that the attorney general himself not be required to testify.

It seems unlikely that this last request will succeed, and Paxton will likely be among the more than 100 witnesses on the list who could take the stand. Among them are Paul, the woman with whom the attorney general allegedly had an affair, as well as the whistleblowers from Paxton's office in 2020.

The proceedings

Each side has 60 minutes to make its opening argument and 24 hours to present evidence, according to Senate rules. The parties may cross-examine witnesses. To refute the evidence and the closing argument, they have 120 minutes in total.

If Paxton is found guilty of any of the articles of impeachment, each side will have 15 minutes to argue whether or not the attorney general should be disqualified from holding office in the future.

Spectators

Paxton's trial will be open to the public, and 296 seats have been made available in the Senate gallery. Those who wish to witness the historic event live must collect their free tickets before the start of each session on the third floor outside the Senate rostrum. The Senate announced that the tickets will be administered on a first come first served basis. In addition, the trial will be streamed on the Texas Senate website.