Ken Paxton impeached by overwhelming majority of GOP-led Texas House of Representatives

Is this it for Texas Attorney General Ken Paxton? It sure looks like he is on his way out. He received an overwhelming vote of no-confidence Saturday in the Republican-led state House of Representatives. This led to an immediate suspension. Now the vote moves to the state Senate. Will that conservative body vote the same way an overwhelming majority of their colleagues in the House voted?

Even casual observers of Texas politics should not be surprised at these developments. It’s been coming for a while. Paxton came into office as attorney general in 2015 under a cloud. He was indicted on felony securities fraud charges that year. The criminal case against him has been a cloud over his head during nearly all of his time in statewide office, yet as an incumbent and a Republican in Texas, he keeps getting re-elected.

Paxton has never gone to trial on the securities fraud charges. During his time in office, he has been under investigation for complaints lodged by former staffers and others. I have written posts here about some of the latest troubles Paxton has experienced. The latest big investigation into Paxton’s actions is one that involves accusations made by Paxton’s deputies in the attorney general’s office. They reported him to authorities over concerns of bribery and abuse of office.

It looks like he has come to the end of the road. His luck is running out. Last week he called for the resignation of the Speaker of the House after a video surfaced on social media that shows Representative Dade Phelan presiding over the session in an intoxicated state. He was slurring his words and taking long pauses while speaking. Paxton defended his call for resignation by saying that state lawmakers are “fed up” with Phelan, in his fourth term as a state representative.

Video of Phelan slurring his words at the end of a marathon House session Friday went viral over the weekend. On Tuesday, Paxton called for an investigation in Phelan and asked him to step down at the end of the legislative session.

Paxton claimed, without proof, that it’s “not uncommon” for Phelan to be intoxicated while leading the House.

Some have raised concerns that Phelan could have been having a medical episode.

“I haven’t heard him say that. If it’s true, put out the medical evidence,” said Paxton.

Paxton fired four OAG employees who were whistleblowers to the FBI. They were protected by state law but Paxton fired them. They were all conservative Republicans working in Paxton’s office. A $3.3M settlement agreement was reached in the case between Paxton and the whistleblowers. The settlement – taxpayer funds – must be approved by the Texas legislature. So far, Phelan has blocked a vote on the agreement.

It appears that the lawmakers have simply had enough. Everyone agrees that Paxton has been a bulldog in fighting the Biden administration on overreach and his progressive policies as they affect Texans. I think that one reason he’s lasted as long as he has in office is that he has gone to bat for Texas on a national level over and over again. That is separate, though, from his personal behavior which includes some pretty shady-looking actions.

The vote in the House was overwhelmingly against Paxton. All that was needed was for 14 Republicans to join with the Democrats for the vote to succeed. A total of 60 Republicans joined with Democrats – all but three of the 64 Democrats – to vote yes on his impeachment. The vote was, indeed, overwhelming. The vote was 121 to 23, a powerful statement.

Before the vote, accusations surfaced that Paxton called members and threatened them with retaliation if they voted against him. And, allegations were made that Paxton got his girlfriend a job in Austin so he wouldn’t have to drive to San Antonio to visit her. Paxton is married. His wife serves as a state senator.

The 20 articles of impeachment mainly stem from allegations made against Paxton in a whistleblower suit filed by four of his top aides who reported him to law enforcement for allegedly taking bribes and abusing the power of his office to help a friend and campaign donor, Nate Paul.

The articles allege the attorney general took a series of unlawful actions to benefit Paul against the advice of his aides in exchange for renovations on his $1 million Austin home and a job hookup for a woman with whom Paxton allegedly had an affair,

The accusations against Paxton include intervening in a civil suit that did not involve the AG’s office, pressuring staff to issue favorable legal opinions, providing Paul with a confidential FBI report and launching a baseless investigation with an unapproved attorney.

The House committee also covered underlying facts in a 2015 felony securities fraud case against him. Paxton is accused in that case of failing to register as an investment advisor and soliciting investments for a technology company without notifying potential buyers that he would receive commissions for the sales.

As a member of the General Investigating Committee, I carefully examined the facts following our months-long investigation and determined that the 20 articles of impeachment regarding Ken Paxton’s misconduct fully merit advancing this matter to a trial in the Texas Senate.

— Charlie Geren (@charliegeren) May 27, 2023

At the end of the day, there is a right and there is a wrong. I am resolved this is the right decision and will result in a righteous outcome for the State of Texas. #txlege

— Charlie Geren (@charliegeren) May 27, 2023

Most Republicans think enough is enough with Paxton.

Why I voted for the resolution to impeach the Attorney General of Texas:

Ken Paxton has been great at fighting against the federal government in his role as Attorney General of Texas. However, when presented with the evidence of 20 counts of corruption, bribery, and dereliction…

— Cody Harris (@CodyforTexas) May 27, 2023

With the vote’s success, Paxton was immediately suspended. Governor Abbott can appoint an interim attorney general or leave the position open. For now, First Assistant Attorney General Brent Webster will lead the office.

Paxton is resting his hopes on the vote in the Senate, a more conservative body where a trial will be held. The overwhelming vote in the House puts additional pressure on the 19 Republicans in the Senate. There is a 2/3 threshold needed for Paxton’s removal. As I mentioned above, his wife, Angela, is a state senator. Will she recuse herself? We don’t have an answer to that yet.