Through his lawyers, Texas Attorney General Ken Paxton pleaded not guilty to the first 16 articles of impeachment in the Texas Senate. He heard the charges against him during the morning session. He had argued that the trial was invalid because it revolved around actions committed before his most recent re-election. This proposal, however, was shot down. Paxton did not return after the lunch break, which caused the ire amongst the senators, who indicated that the accused must be present. Delays, breaks and discussions among senators about proceedings led Lt. Governor Dan Patrick to end the first session an hour earlier than scheduled.
Sen. Angela Paxton came over a few moments ago to hug her husband, suspended Attorney General Ken Paxton, in the Texas Senate chamber.
The impeachment proceedings against him begin at 9 a.m. @KXAN_News pic.twitter.com/gmjLpsn0G5
— Will DuPree (@willrdupree) September 5, 2023
Paxton refused to say a word
Paxton refused to open his mouth at all times, allowing his attorney Tony Buzbee to answer and plead "not guilty" to each of the charges that were being read to him. His counsel caused a small uproar by stating, after hearing the formulation of one of the accusations, that "everything she [the Senate secretary] just said is false." After protests from House officials, Patrick demanded that Buzbee limit himself to answering "guilty" or "not guilty."
The 30 senators – the 31st is the wife of Paxton, Angela, who has recused herself from the vote - had their first vote to decide whether to accept the the attorney general's team's proposal not to prosecute alleged crimes committed before the last election, which would have effectively suspended or at least substantially reduced the trial. The Senate voted overwhelmingly (24-6) to reject the motion and continue with the process. Republicans have 18 senators, 19 with Angela Paxton, compared to 12 Democrats. The rest of the votes on previous questions raised by the defense were also rejected by landslide margins.
Texas Senate votes 24-6 to deny a pre-trial motion to dismiss all articles of impeachment against Ken Paxton.
Six Republicans voted in favor of dismissal. pic.twitter.com/4KXjh3reiG
— Citizen Free Press (@CitizenFreePres) September 5, 2023
The attorney general will not be forced to take the stand
Once the trial began, Patrick had to use his authority as the head of the trial to determine that Paxton does not have to be present at all times in the Senate, following protests from Senate officials for his absence after the lunch break. The lieutenant governor also agreed with the attorney general by pointing out that he will not have to take the stand if he is summoned by the prosecution. According to several senators, Paxton should appear before the Senate even if he exercises his right not to testify and remain silent during questioning.
Among the first witnesses to be sworn in in court was Jeff Mateer, who was Paxton's deputy before he reported him to authorities for abuse of power and various felonies along with other veteran members of Paxton's office.
After the lunch break, a debate was opened to rule on whether communications between Paxton and his lawyers could be used as evidence or whether attorney-client confidentiality privilege prevailed. What was going to be a five-minute break dragged on, and when 40 minutes were reached, Patrick ended the first session.
I want to thank you all for your prayers and support. I will never back down for defending freedom.
— Attorney General Ken Paxton (@KenPaxtonTX) September 6, 2023
