Texas state senators on Tuesday rejected a motion to dismiss Attorney General Ken Paxton’s impeachment case, setting the stage for the trial of the embattled Republican accused of abusing his office.
Twelve Republicans joined all 12 Democrats in voting 24-6 to continue the trial. The GOP-led Senate also voted 22-8 against a motion to exclude all evidence before January 2022
Senators are opening the proceedings by considering 24 pre-trial motions – including 16 that could result in the dismissal of articles of impeachment. Under the Senate’s rules for the trial, those motions require written votes.
Later Tuesday, representatives of the Texas House – which voted 121-23 in May to impeach Paxton after he requested $3.3 million in state funds for a settlement with former staffers who had accused him of abusing his office to benefit a friend and donor – and Paxton or his representatives will each have an hour to deliver their opening statements.
Paxton is a firebrand conservative who has aligned himself with former President Donald Trump. Following the 2020 election, he sued in a failed effort to overturn Trump’s loss to Joe Biden, seeking to have the electoral college votes of four swing states won by Biden thrown out. He has so far survived a series of scandals since taking office in 2015, though he remains under indictment in a separate securities fraud case.
He has described his impeachment as a “politically motivated sham” and has consistently denied wrongdoing.
In 2020, top Paxton aides published a letter accusing the attorney general of abuse of office, bribery and improper influence – complaints centered on Paxton’s ties to donor and friend Nate Paul.
Four of the former staffers later sued the attorney general’s office, claiming they were fired in violation of the state’s whistleblower law. In February, Paxton agreed to a settlement in which he did not admit fault and the whistleblowers would be paid $3.3 million. He asked state lawmakers to fund that settlement.
The House impeachment managers have already submitted nearly 4,000 pages of evidence, unveiling more details in the extraordinary accusations that Paxton pressured his top aides to take steps that would benefit Paul, a real estate investor.
Paxton is accused of accepting $20,000 in countertop materials from Paul through a contractor during a remodeling of his home.
Also included in the allegations is that Paxton had a mistress, whom Paul hired as a favor to the attorney general, and that Paxton would use an alias – “Dave P” – on Uber to meet up with the mistress, as well as Paul.
Paul was arrested in June on eight federal felony charges related to falsifying financial records, and his lawyer has repeatedly declined comment to CNN.
Paxton has been suspended from office since the House’s impeachment vote in May.
If the 21 of the 30 eligible senators (his wife, state Sen. Angela Paxton, is not eligible) vote to convict Paxton, he would become the third person ever removed from office in Texas via impeachment proceedings.
The trial is expected to last two or three weeks. It is taking place in the Texas Senate chamber, with some observers filing in to watch early Tuesday morning.
Mark and Cindi Montgomery of New Braunfels began lining up at the Capitol doors before daylight so they could get passes to sit in the gallery and show their support for Paxton.
“It’s a sham impeachment,” said Mark Montgomery. “He was elected by the people.”
Cindi Montgomery said they booked their hotel in Austin months ago, as soon as they learned the trial date.
Montgomery said he was aware of Paxton’s securities fraud indictment and the other allegations against him when he voted to reelect Paxton last year.
“He’s standing up for Texas,” Montgomery said, adding that he appreciates Paxton’s lawsuits against the federal government.
Several dozen Paxton supporters lined up early to sit in the gallery, many of them wearing red.
When Ken and Angela Paxton each walked onto the Senate floor Tuesday morning – at separate times – a few people in the gallery called out to them and the couple waved back and smiled.
They chatted briefly on the floor before the proceedings began and gave each other a kiss.
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