More Thoughts On Ken Paxton
The fix was in the from the beginning, it seems. And that says a lot about how deeply corrupt the Texas GOP is. These and other thoughts on the acquittal.
Welcome to our special coverage of the impeachment of Attorney General Ken Paxton here at Life Its Ownself! Please subscribe and encourage others to do so. Your support inspires me to write and publish regularly. All my content is free, but your paid subscription is a big affirmation. Please let me know how I’m doing by 1) liking, 2) subscribing, 3) sharing with others, and 4) commenting below.
But first, your moment of Zen … sent by Tim Graves, friend of LIO and all-around great guy:
“We shall come back, no doubt … but that will be a long time from now, and soon now we shall go out of the house and into the awful convulsion of the world, out of history into history and the awful responsibility of Time.”
All the King’s Men, Robert Penn Warren
Tuesday, September 18, 2023, 10:00 p.m.
The second it was over, after 16 of the Texas Senate’s 18* Republicans voted time and again to acquit Ken Paxton despite convincing evidence of his corruption and abuse of office, we were certain – beyond a reasonable doubt, even, since that seemed to matter so much in this trial – that the fix was in, and from the very beginning.
If any doubt remained, Lieutenant Governor Dan Patrick demolished that with a long, bitter screed about how the whole sordid debacle was the fault of the House of Representatives, and particularly Speaker Dade Phelan. His hands and voice shook with anger as he criticized the House for rushing to judgment on poor ol’ Kenny Boy Paxton. He called for an audit of all the wasteful spending the impeachment process had entailed on both sides of the Capitol. (Oddly, he has not called for an audit of how much his seven-month intransigence on property tax reform cost the taxpayers.) He even did a free Speaker’s race campaign ad for Amarillo state Rep. John Smithee, who’d spoken against Paxton’s impeachment on the House floor.
Surprisingly, he managed to write and print out his tirade in only three minutes after the Senate finished delivering the verdict, putting to bed any suspicions that he knew the outcome beforehand. As one wag told me, “Now we know what the Defend Texas Liberty PAC was paying for when they gave him $3 million this summer.” (Watch for the $2 million “loan” portion of that transaction to be quietly forgiven.)
In response, Speaker Dade Phelan minced no words: “I find it deeply concerning that after weeks of proclaiming he would preside over this trial in an impartial and honest manner, Lt. Governor Patrick would conclude by confessing his bias and placing his contempt for the people’s House on full display. To be clear, Patrick attacked the House for standing up against corruption. … The inescapable conclusion is that today’s outcome appears to have been orchestrated from the start, cheating the people of Texas of justice.”
There was a time, early this summer, when it seemed like the Paxton impeachment would be that rare occasion when the current Texas Senate transcended crass partisanship and practiced statesmanship. The House’s overwhelming vote – 70% of the House Republicans voted to impeach – signaled that this was not the usual tribal squabble, and the historic nature of the event, the first in over a century, militated that the Senate take it seriously.
But it was not to be. Despite convincing evidence of Paxton’s improper behavior, 16 of the 18* GOP senators voted in lockstep to acquit him.
To take but one example, here are the uncontroverted facts about his hiring of Brandon Cammack, bless his heart:
Paxton was frustrated that his lieutenants would not take Nate Paul’s allegations about the August 2019 FBI raid on his house seriously. (In summary, Paul’s theory was that when the FBI, the DPS and other law enforcement agencies did not find the guns and drugs they were looking for, they retroactively altered the search warrant and supporting documents to allow the search and confiscation of other information, mostly financial records of his [alleged] malfeasance in real estate transactions. The U.S. Attorney’s Office and a U.S. magistrate all participated in this conspiracy.)
Paxton determined to hire an outside attorney to investigate Paul’s claims, using the authority of the OAG to access information not legally available to Paul.
After his lieutenants balked at that plan, Paxton hired young Brandon Cammack on the recommendation of Nate Paul’s attorney Michael Wynne. Paxton did not tell his lieutenants he’d done this.
At Paxton’s urging, Paul made a second complaint to the TCDAO, this one alleging mistreatment by financial institutions and others to whom Paul owed money. Paxton arranged for the TCDAO to forward that referral directly to Brandon Cammack, bypassing the OAG channels through which it normally would have gone.
Cammack’s investigations were overseen by Paul’s lawyer, who identified targets, walked him through the process of obtaining grand jury subpoenas and even accompanied him to deliver some.
Through all this, senior managers at the OAG were not aware that Cammack was presenting himself as a “special prosecutor” for the OAG. It was when they found out that they determined Paxton was “over the line” and went to OAG Human Resources and the FBI.
In summary, Paxton hired an attorney, cloaked him in the authority of the OAG, and tasked him to do the bidding of Nate Paul and his lawyers.
Paxton’s defenders’ only response to this appalling tale was to remind everyone that Paxton had legal authority to sign a contract. That’s like acquitting a bank robber because he had “legal authority” to enter the bank.
Which, sadly, is exactly what 16 of the Great State of Texas’s senators did last Saturday.
SIDEBAR/Moment of Personal Privilege: Impeachment-Related Rant #1
For years, I and the people of Texas have had to endure then-Rep., now Senator Phil King’s (R-Unctuous) self-serving blather about how, as a former cop, lawyer and lawmaker, he was more pro-law and order than anyone else in the room/Capitol/state. He was so annoying that Senate staffers (and a senator or two) called him “Ned Flanders.”
(Phil King and Ned Flanders – separated at birth?)
His high point was in 2015, when he led the charge in the House to defund and demolish the Travis County Public Integrity Unit, on the theory that local prosecutors and juries would do a better job of holding their elected officials accountable than the godless Democrats in Austin.
The poster child for why this is a terrible idea is Ken Paxton himself, whose securities fraud indictments were slow-rolled by the Collin County District Attorney and then by its Commissioners Court, who refused to pay for the outside attorneys the law required to prosecute the case. This is a big reason why, eight years later, Paxton still has not seen his day in court on the charges.
After watching Phil go 0-for-16 on the Paxton impeachment charges, it’s plain that his idea of law and order is much different – and more nakedly partisan – than yours and mine. So, excuse me if I call him, in the spirit of a certain former president, a COMPLETE AND ABSOLUTE FRAUD!
National and State Media Reactions to Paxton Acquittal
As you’d expect, the Paxton whitewash drew attention and coverage from around the state and nation, most of it scathing.
The New York Times: “The Contagious Corruption of Ken Paxton,” by David French
What’s happening now is a Texas-size version of the civil war that rages across the right. Is it possible for Republicans to police their own, or does Paxton’s devotion to Donald Trump and his zealous commitment to the culture wars excuse his misconduct, however egregious? Is it possible for Republicans to potentially start the slow and painful process of healing the G.O.P.?
The Washington Post: “Ken Paxton got a pass. Now comes a 2024 GOP civil war in Texas,” by Karen Tumulty
“Let it be known. Let it be clear now. The Bush era in Texas ends today.”
So much for the mountain of damning evidence in the impeachment trial of Republican Texas Attorney General Ken Paxton. That statement in the closing argument of his defense attorney Tony Buzbee was a naked appeal to the tribalism that has reshaped the once-rational GOP in Texas.
It was also a warning shot, and it worked to devastating effect. After eight hours of “deliberation,” the Texas Senate on Saturday acquitted Paxton of all 16 charges of bribery, unfitness for office and abuse of office on which the Republican-controlled House had overwhelmingly voted to impeach him in May.
The Wall Street Journal: “Why Ken Paxton Was Acquitted,” by the Editorial Board
Dallas Morning News: “Ken Paxton verdict is an injury for Texas and conservatism,” by the Editorial Board
But so compelling was the evidence brought forward through the testimony of Paxton’s former top aides and through an avalanche of documents that it was hard to understand how any juror, much less one sworn to defend this state and its constitution, could hear it and see it and vote to acquit not simply on one article, but on every single article brought to bear.
We have come to a place of great danger, where the plain evidence of corruption can no longer overcome the majority party’s determination to protect its self-interest and its agents. The philosophy at play is that the end justifies the means, and the means don’t seem to matter.
Houston Chronicle: “Acquitted AG Paxton got off and Texas politics is Dunn for,” by the Editorial Board
In a historic vote, they acquitted the most corrupt attorney general in Texas history on 16 charges of bribery, unfitness for office and abuse of office. In doing so, they signaled that, in effect, pretty much anything goes in Texas politics. And you can be sure it will.
San Antonio Express-News: “Editorial: In acquitting Ken Paxton, Senate Republicans place party over principles”
Patrick dropped his pretense of impartiality after the vote with a vitriolic speech attacking Texas House Speaker Dade Phelan for having the audacity to finally hold Paxton accountable for his wrongdoing. … But the stench hanging over the Texas Capitol in the wake of Paxton’s blanket acquittal will always cling to Patrick and other enablers of an attorney general who has shown no respect for the office he holds or the public’s trust.
Fort Worth Star-Telegram: “A sad day for Texas: Acquitting Ken Paxton condones corruption, abuse of power,” by the Editorial Board
Their verdicts on 16 articles of impeachment say that a small group of hotheaded political warriors can intimidate elected officials away from doing the right thing. For lack of courage from all but a few members of the Republican majority in the Senate, we have a clear verdict that politics trumps right and wrong.
Austin American-Statesman: “Editorial: Paxton is acquitted, and Texans and good government are the losers”
Party politics prevailed Saturday, doing great damage to the contract between we the people and the officials we elect to act in our best interests. With this contract, simplistic as it might seem in this age when the phrase "country over party" seems hopelessly naive, we expect government officials to be above reproach and to act on the voters’ behalf.
More Reactions, via Substack authors
I have become a big fan of the Substack platform. Many excellent writers are telling their stories here; you should check them, and the whole platform, out. Here are some takes on the Paxton debacle from Substack writers:
“The Best Little Whorehouse in Texas” in Jim Bob Moore’s Texas To The World:
Texans have come to not expect a fair hearing on issues considered by their government and the idea that Paxton might face justice was improbable from the outset. If PAC campaign cash to the presiding judge didn’t send a message the fix was in, the outcome seemed even more foreordained when Patrick allowed the AG’s mistress, Laura Olson, to skip testifying. … The AG did not speak to senators, either, nor was he given any incentive.
“Paxton's Trial Wasn't A Uniquely Texan Travesty” in Andrea Grimes’s Home with the Armadillo:
… Texas isn’t an outlier, it’s a bellwether. It’s a miniature funhouse mirror showing us a terrible preview of what’s to come for our national political situation if we don’t course-correct (or, more terrifying but possible, can’t course-correct).
“Lt Gov Dan Patrick ‘s bias influenced the outcome of Paxton's acquittal,” in Suzanne Bellsnyder’s Texas Rural Reporter:
During the trial, the House attorney Rusty Hardin mistakenly interchanged Patrick and Paxton's names during the questioning of witnesses. They portrayed Rusty as senile for this, but maybe Rusty was on to something. Patrick and Paxton are one and the same. They are Politicians who will do anything to stay in power. And they did.
“A Bloody Civil War Of Epic Proportions,” in Michelle H. Davis’s LoneStarLeft:
All of this is good news for Democrats.
If State and County Parties play their cards right, there is a lot of messaging to craft from this.
1. The GOP is corrupt beyond repair.
2. The Conservatives that Republicans invited to the state to own the libs are now turning on them. This Civil War is one of their own making.
3. Republicans are incapable of governing in an honest, fair, or transparent way.
“Texas Just Became the Most Corrupt State in the Country,” in Kareem Abdul-Jabbar:
If Texans could just put aside party loyalty for a moment and look at the facts, certainly they would conclude that they’ve elected some pretty awful people. They can do better than the grifters they have now. So far, they’ve refused to hold their elected officials accountable for their crimes, so maybe they get what they deserve.
“Paxton Acquittal: Protecting the Lawless is what Authoritarian Parties Do,” in Ruth Ben-Ghiat’s Lucid:
The logic of corruption also matters here. The GOP has embraced the methods and values of authoritarianism. It now depends on propaganda (the "Big Lie"), intimidation, and corruption --election denial being a form of corruption--for its identity and to maintain itself in power. In particular, it is a party that has remade itself in Trump's image, with the goal of protecting the corrupt and the criminal dictating its actions.
* There are currently 19 Republicans in the Texas Senate. One of them, Angela Paxton, Ken Paxton’s wife, was prohibited by her colleagues from participating in deliberations or voting on articles of impeachment.
I believe the Paxton impeachment, trial and acquittal are a watershed event in Texas history, for better or worse. I will return to a more regular publishing schedule and talk about other topics, but I know I will come back to l’affaire Paxton from time to time. Thanks for joining me in covering these historic times.
When I read my fellow Democrats complaining about Patrick’s political chicanery, I am reminded of Captain Reynard protesting that he was “shocked, shocked to find out gambling was happening in the bar.” Has Patrick ever varied from his “win at any cost “ way of conducting the business of the Senate? No, and he will not. As to the burden of proof, the senate’s verdict would have been the same under the beyond a reasonable doubt standard as it would under a mere scintilla of evidence burden. While I thought Patrick’s harangue about the House ‘s performance was unnecessary, I think now and said so at the time, that John Smithee’s speech was right on point. The House seemed much more interested in speed than due process or accuracy. The whole impeachment enterprise was based on political divisions within the Republican Party. Unfortunately, for Texas, the A.G.’s actions certainly met the level of conviction.
Finally, I am in complete agreement with you regarding the loss of the public integrity unit. The reason why is best illustrated by the Paxton’s securities indictment s. The Republicans were so fixated on Ronnie Earle and liberal Travis County, they line item vetoed the PIU’ s appropriation and created a non Workable plan.
Thank you. I will never get bored of the subject until we see some corrective action. Keep on top of the process.