Texas’ unsuccessful impeachment of Ken Paxton reveals the GOP’s internal conflicts.
The Impeachment of Ken Paxton: A Battle Within the Republican Party
The impeachment of thrice-elected Texas Attorney General Ken Paxton by the Texas House of Representatives in May drew national attention to the internecine quarrels between conservatives and moderates within the Republican Party in the Lone Star State.
Even The Wall Street Journal took sides, erroneously predicting Paxton’s demise (in an intemperate column by Karl Rove titled “The End Is Near for Texas Attorney General Ken Paxton”). Paxton’s resounding acquittal of all 16 articles of impeachment by the Texas Senate in September, following a costly nine-day trial presided over by Lt. Gov. Dan Patrick, after just eight hours of deliberation, only exacerbated the intra-party feud that began in 2014 when Paxton — a Tea Party favorite — disrupted the AG race by defeating an establishment rival endorsed by George W. Bush.
Paxton’s exoneration (risibly reported by the WSJ as “Paxton Avoids Conviction”) did not diminish the hubris of his establishment opponents. The WSJ, which had devoted considerable ink to attacking Paxton and advocating his removal from office, proved to be a sore loser, accusing Patrick and the Texas Senate of corruption, without citing any evidence.
“It’s now obvious the fix was in from the start,” the WSJ opined, eliciting a blistering rebuttal from Patrick, who pointed out the obvious: The House’s impeachment case against Paxton was slipshod and full of holes. Paxton’s superb lawyers methodically tore the meritless case to shreds.
[READ: The Case Against Ken Paxton Is All Hat, No Cattle]
Conservatives vs. ‘Establishment’ Republicans
For decades, Texas has been a Republican state, and both houses of the Texas legislature are majority Republican. All of the players (Paxton, Patrick, and impeachment proponent House Speaker Dade Phelan) are technically on the same team — the GOP. Why, then, would one faction of the GOP commence an ill-conceived campaign of political lawfare against a popular statewide elected official who was just reelected with more than 4 million votes and enjoyed the unwavering support of the Texas Republican Party?
The schism results from a struggle for control, between the state’s conservatives (who view Paxton as their champion) and “establishment” Republicans who despise the grassroots. As I wrote in 2017, “Intra-party grudges can be even more rancorous [than partisan disputes], especially in a one-party state.”
The establishment represents the interests of the state’s dynamic business community, which — thanks to GOP policies — has become a powerful juggernaut in Texas. Due to the leadership of Texans for Lawsuit Reform, a well-funded statewide group founded in the 1990s when the state’s legal system was hijacked by the plaintiffs’ bar and Texas earned the unsavory moniker “lawsuit capital of the world.”
Today, Texas’s civil justice system is a model of sensible reform. TLR took back the Texas legislature and judiciary (which is elected) from trial lawyers — a remarkable accomplishment. Disclosure: I have spoken, written, and donated in support of TLR.
Having vanquished the plaintiffs’ bar, TLR, instead of disbanding, expanded its agenda beyond civil justice reform per se, advocating things like a Delaware-style specialized business court, education reforms, and other “good government” measures. Call it mission creep. TLR, one of the most influential PACs in Texas, became a utility infielder for the state’s flourishing business community. TLR supports both Democrat and Republican candidates, so long as they hew to TLR’s evolving agenda. Woke corporate America, however, increasingly favors leftist policies. The chamber of commerce, once a Republican mainstay, is now often aligned against conservatives.
Paxton vs. Texans for Lawsuit Reform
In 2022, TLR decided to oppose Paxton’s reelection as AG, not because he crossed the aisle on civil justice issues, but because TLR’s corporate donors tired of his populist, evangelical-friendly, and Trump-endorsed record, which included taking legal positions disfavored by Big Tech and Big Pharma. Eva Guzman, a popular TLR-backed justice on the Texas Supreme Court, resigned from the bench to run against Paxton for AG in the March 2022 Republican primary, and TLR quickly endorsed her. TLR’s stated rationale for switching its support (having previously backed Paxton in the 2014 and 2018 general elections) was that Paxton was “damaged goods” and, if nominated, was likely to be defeated by the Democratic candidate for AG.
Despite running a well-funded campaign, with generous support from TLR donors, Guzman finished third in a four-person field, with 17.7 percent of the vote, barely out-polling late-entrant Louis Gohmert. This was an embarrassment for TLR.
Paxton, with 42.7 percent of the vote, faced a runoff against second-place finisher George P. Bush, who drew 22.8 percent. Bush, son of Jeb and nephew of George W., had previously served two tumultuous terms as Texas Land Commissioner. The May 2022 runoff was a blowout, with Paxton beating Bush by more than a two-to-one margin: 68 percent to 32 percent. Paxton handily won the general election in November, drawing 4.2 million votes and beating his Democrat opponent by 10 points. Contrary to TLR’s stated rationale, Paxton was not vulnerable after all, despite all the money TLR spent attacking him in the primary.
The invincible TLR had egg on its face. Perhaps hoping that Bush would be appointed to replace Paxton in the event of an impeachment, documents and emails obtained via subpoena by the Paxton legal team suggest that TLR mobilized its loyal minions in the Texas House, led by Phelan, to orchestrate a baseless impeachment vote, and then worked behind the scenes to undermine Paxton.
Emails reveal that Dick Trabulsi, TLR’s co-founder and longstanding chairman, coordinated with Bush family consiglieri and TLR-ally Karl Rove to place an anti-Paxton op-ed in the WSJ, purportedly written by former Texas Gov. Rick Perry. The column, titled “Ken Paxton and the Constitution,” ran on Aug. 24. The actual submission was made by TLR’s comms director, not Perry himself or his staff. Internal emails (with Rove noting that “Hennessey liked it. Hence the quick approval and edit.”) indicate that Rove was also in contact with the WSJ’s editors regarding the submission.
After the “Perry” column ran, Trabulsi congratulated Rove with an email stating, “You delivered a good, succinct history lesson today.” Rove responded, “Glad you liked it.” Perry does not appear as an addressee on the entire thread. It would appear that the column was ghostwritten by Rove and placed by TLR in a last-ditch attempt to remove Paxton from office.
In its mean-spirited post-acquittal editorial, WSJ scoffed at the notion that Paxton was the subject of a coup attempt by the Bush faction of the Texas GOP: “What a joke. There is no longer a Bush-era in Texas or anywhere else. George P. Bush, Jeb Bush’s son, lost to Mr. Paxton in the 2022 primary for AG.” Knowing that the WSJ was colluding with TLR and Rove to influence the Texas Senate to oust Paxton, the WSJ’s sanctimonious claim of neutrality is particularly disingenuous.
What have we learned from the Paxton impeachment? The Trump-inspired animus of establishment “moderates” (or RINOs) toward conservatives is stronger than ever, the woke business community is hostile to the grassroots, and tort reform groups — once a reliable Republican bulwark — are now mercenaries pursuing their own path to power. And also this: In Texas, conservatives still rule the GOP.
How did the impeachment proceedings against Ken Paxton highlight the divisions within the Republican Party in Texas?
Ystem like Texas, where the fights are not so much between Republicans and Democrats, but between Republicans themselves.”
The impeachment case against Paxton was initiated by his fellow Republicans in the Texas House of Representatives. It was driven by a small group of establishment Republicans who have long been at odds with Paxton and his conservative allies. These establishment Republicans, often referred to as the “moderate” faction, have been critical of Paxton’s conservative agenda and his close ties to the Tea Party movement.
The impeachment proceedings against Paxton were widely seen as a political vendetta, with little evidence of any actual wrongdoing on his part. The articles of impeachment were vague and lacked substance, leading many to believe that they were nothing more than a thinly veiled attempt to remove Paxton from office for political reasons.
Paxton’s acquittal only served to further expose the divisions within the Republican Party in Texas. The establishment Republicans who initiated the impeachment proceedings were left looking foolish and vindictive, while Paxton emerged as a hero to the conservative base.
This episode highlights the ongoing power struggle within the Republican Party between the conservative grassroots and the more moderate establishment. In recent years, conservatives have gained significant influence within the party, with many establishment Republicans falling out of favor.
The battle between the two factions is not unique to Texas. It is playing out across the country, as conservatives assert themselves and challenge the traditional party establishment. This struggle has been fueled by a growing dissatisfaction with the status quo and a desire for bold, conservative leadership.
In Texas, the impeachment of Ken Paxton has become a flashpoint in this larger battle. It has exposed the fault lines within the party and forced Republicans to confront the question of what it means to be a Republican in the 21st century.
As the conservative grassroots continue to gain strength, it is likely that we will see more clashes between conservatives and establishment Republicans. The outcome of these battles will shape the future of the Republican Party and determine its direction in the years to come.
In the case of Ken Paxton, his acquittal has solidified his standing within the conservative movement and made him an even more formidable force within the Republican Party. As the fight for control of the party continues, it is clear that Paxton and his allies will not be easily silenced or sidelined.
The impeachment of Ken Paxton may have been a battle within the Republican Party, but its repercussions extend far beyond Texas. It serves as a warning to establishment Republicans everywhere that the conservative grassroots are a force to be reckoned with. The question now is whether the party establishment will listen to the concerns and demands of the grassroots or continue to ignore them at their own peril.
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