Three-Point Shots, Vol. 1, No. 14: Impeachment Update
Kan Paxton's bad luck continues as the Senate readies for his impeachment trial and the Court of Criminal Appeals finally rules on his effort to delay his securities fraud trial.
Your Moment of Zen … A lovely sunset over Marathon, Texas, including a rare and magical “Violet Crown.” Filmed August 26, 2019
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Friday, June 16, 2023
The Texas Legislature is still, unaccountably, in session, although the House adjouned and left town two weeks ago. Lite Guv Dan Patrick is in a Texican standoff with Governor Greg Abbott and Speaker Dade Phelan over his preferred version of property tax reform. Who knows how long it will last?
But, strictly from entertainment value, the impeachment trial of Ken Paxton promises to liven up the summer doldrums, even in the face of record-breaking temperatures forecast over the next couple weeks.
(Anyone got a swimming pool they’re not using?)
1. Senate to Set Rules, Starting Date for Paxton Impeachment.
Last month, Lieutenant Governor Patrick appointed a special committee to propose rules to the full Senate for the conduct of the impeachment trial. Those members are: Sen. Brian Birdwell, R-Granbury, chair; Sen. Juan “Chuy” Hinojosa, D-McAllen, vice chair; and Sens. Brandon Creighton, R-Conroe; Pete Flores, R-Pleasanton; Joan Huffman, R-Houston; Phil King, R-Weatherford; and Royce West, D-Dallas. Of the seven, only Birdwell and Flores are not attorneys.
That committee will release proposed rules to the senators at 8:00 a.m. next Tuesday (June 20), and the Senate will meet at 11:00 in closed session to discuss them, and then vote to amend and approve them in open session thereafter.
Probably at that time, they also will settle on a date from the trial to begin. In the resolution they passed after receiving the Articles from the House, they said they would convene as a Court of Impeachment no later than Monday, August 28. Presumably, though, they could set a date after that, although the rumor mill suggests early August.
2. Paxton Looks for Launch Escape Tower in Impeachment Trial
Manned rockets have a thing called a “launch escape system.” The idea is that, if something bad happens during the crucial minute or two after ignition and launch, the system can take the manned capsule and fly away from the deteriorating rocket, saving the passengers’ lives in the process. Hopefully.
That’s what I thought of when I read that Paxton lawyer Tony Buzbee wants to short-circuit the whole impeachment trial and declare Paxton innocent without the necessity of hearing the, you know, facts. The only thing better for Paxton than delaying the trial – his go-to move – would be canceling it outright.
The House managers responded with a memo outlining the process as described in precedent and arguing that multiple due process provisions to protect Paxton are included and that the trial should be open and transparent for the people of Texas.
We’ll see on Tuesday whether the Senate’s proposed rules have built in a launch escape tower to protect Paxton.
3. Paxton Fraud Trial to be Held in Houston, CCA Finally Decides.
You may recall that Twice-Indicted and Impeached Attorney General Ken Paxton avoided going to trial on his securities fraud charges for eight years because of various disputes over venue of the trial and the fees to be paid to the prosecutors. Or you may not recall, since Paxton’s legal strategy has been to delay having to actually answer for his alleged crimes, which is why we’re still talking about it eight years later. In that interim, Paxton has twice been re-elected as Attorney General, in 2018 and 2022.
On Monday the Texas Court of Criminal Appeals ruled that Paxton’s trial, which had ping-ponged between Harris and Collin counties, should occur in Harris. It sat on the case for 15 months before making its ruling. That should be the end of the matter, and the case can now proceed to trial. However, as the Dallas Morning News’ perspicacious Lauren McGaughey points out, additional appeals could stall out the case again. Either way, though, it seems some of Paxton’s prize hens are coming home to roost.
Paxton’s stalling on the securities fraud case so offended the Texas House that they made it one of the Articles of Impeachment (cf. No. XI) for which he will be tried by the Senate this summer.
For Your Reading Entertainment … For 50 years, Capitol followers and other geeks have looked forward to Texas Monthly’s biennial “Best and Worst Legislators” list, the admittedly subjective rankings leavened by great writing and the occasional inside info. Here’s the 2023 list, and it does not disappoint.
Have a good weekend! I will be back the middle of next week after the Senate has adopted its impeachment rules.
I'm still not to the point where I can believe that Dan Patrick won't put his thumb on the scales of justice.
It's not often one sees the word "perspicacious" used in any commentary related to the Texas Legislature ... Well done, as always.