Paxton aims to drop most impeachment charges using Texas’ ‘prior-term doctrine’.
The Legal Battle Surrounding Texas Attorney General Ken Paxton’s Impeachment Charges
The legal team representing Texas Attorney General Ken Paxton made a bold move on Monday, seeking to dismiss all but one impeachment charge against him. They invoked the state’s “prior-term doctrine” in their argument.
According to the court filing, 19 of the 20 charges were accusations and alleged crimes that voters knew about before Paxton’s re-election last year. Under the prior-term doctrine, officials cannot be removed from office for acts committed before their election.
Challenging the Evidence
In a second court filing, Paxton’s attorneys also aimed to exclude any evidence related to the alleged crimes or misconduct that occurred prior to his third term as attorney general, which began in January.
The attorneys emphasized that voters had been bombarded with negative information about Paxton during the election campaign, including “tens of millions of dollars in broadcast advertisements, dozens of newspaper articles, and countless speeches or appearances” accusing him of misconduct. They argued that the voters’ decision to re-elect Paxton for a third term should be the final verdict, both logically and legally.
The Impeachment Process
The Texas House voted in favor of impeaching Paxton with a significant majority of 121-23 in May. However, his trial before the state Senate is not scheduled to commence until September. The charges against him revolve around his interactions with real estate agent Nate Paul, a friend and political donor, and include allegations of bribery, abuse of power, and retaliation against whistleblowers.
Seven whistleblowers came forward to the FBI in 2020, accusing Paxton of wrongdoing in relation to Paul, who was under federal investigation for fraud. The only charge that remains unchallenged in the impeachment proceedings pertains to the whistleblowers. It accuses Paxton of misusing his powers as attorney general by ”concealing his wrongful acts in connection with the whistleblower complaints.”
Paxton’s suspension as the state attorney general remains in effect until his hearing in the Senate on September 5. In the meantime, Governor Greg Abbott (R-TX) has appointed Angela Colmenero as the acting attorney general.
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