Warren Kenneth Paxton Jr. – IMPEACHED!

Ken Paxton’s impeachment on Saturday is the biggest political earthquake in Texas this century. The fault lines between conservative and reactionary Republicans are now exposed. Some initial thoughts:

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Tuesday, May 30, 2023

         The impeachment of Attorney General Ken Paxton by the Texas House of Representatives on Saturday was a virtually unprecedented event – only one other statewide official, Governor James “Pa” Ferguson in 1917, had ever been impeached. It was a 7.5 magnitude earthquake in Texas politics that exposed the fault line between the old pro-business conservative and the newer cultural conservative/MAGA wings of the Texas GOP.

         There’s much to unpack and discuss, but for now, here’s

Five Things to Think About

1. The size of the vote.

         This was a blowout. The resolution needed 75 votes to pass; it got 121. Almost as many Republicans (60) voted for it as Democrats (61). A cue that no one paying attention missed: Speaker Dade Phelan voted FOR the resolution.

         This showed a couple important things: First, Phelan has firm control of his caucus. This has implications for a wide range of the usual House vs. Senate battles in the Legislature. Second, anyone trying to pooh-pooh the impeachment as a “witch hunt” or a “partisan attack” better go count their chickens. Whatever happens, Paxton cannot just blow it off. He’s in the fight of his life.  

2. Procedurally, we now head into uncharted territory.

         We have not had an impeachment in 100+ years, and the rules and processes will be made up as we go along. The Senate is set to meet on June 20 to consider the rules by which it wants to conduct the impeachment. It needs to decide, first, if it is going to try the case or if it will put on a circus that either whitewashes Paxton or railroads him out of office.

         Their legal advisers in the Lege Council and E&E shop will do plenty of research on best practices. Thirteen senators are lawyers themselves, which ought to help the body work out a fair and transparent procedure.  But the tension between offering a straight-up adjudication versus two weeks of political posturing will be a constant undercurrent. The Senate’s credibility is at stake.

3. Greg Abbott and Dan Patrick are in a very dangerous position.

         They are already under pressure from Paxton, and from national figures like Donald Trump, to condemn the impeachment and lock arms solidly with him. But the facts on the ground, as much as we know them, are damning. They must think carefully about how far out on the limb they want to get, because the tree appears pretty rotten.

         Paxton may be hoping that a delay before the trial allows memories to fade and passions to cool. The House managers may not let that happen, reminding Texans throughout the summer of the deep record of corruption they uncovered.

         A good friend of mine has been arguing for the X-factor that Trump provides. He is enormously popular with the base. He is already training their ire on Abbott for being too slow to defend Paxton. (But not, coincidentally, on Patrick.)

         But remember, Donald Trump has a consistent record of loudly defending his friends and allies … until he doesn’t.

4. Ken Paxton’s wife, Angela, is in the Senate.

         There’s a whole cottage industry dedicated to the question of whether she should recuse herself. Dan Patrick has hinted that she would be allowed a vote.  

(Ken and Angela Paxton, in presumably happier times.)

         Of course she should recuse, or be recused by the Senate. It’s a sign of the TX GOP’s late-stage corruption that they’re even discussing it. For one thing, she’s a material witness to many of the facts in the case. For another, well, she’s his wife, and cannot be expected to act impartially in judging him.

         Senator Bryan Hughes, who was all up in the middle of the infamous “weekend A.G. Opinion” scam, should also be recused. His presence is like a getaway driver voting on whether the bank robber broke the law.

(Ken Paxton and Bryan Hughes – separated at birth?)

5. The Attorney General’s Office needs to step away from this tout suite.

         Talk about a conflict of interest: They are not Paxton’s criminal defense lawyers; they are a State agency charged with enforcing the laws of the people of Texas. And the gravamen of many of the charges against Paxton is that he treated the A.G.’s Office as if it was his own personal criminal enterprise.

         It is unseemly for Chris Miller and other State employees to be acting as P.R. spokesmen for an Ken Paxton. Let him get his own lawyers and spokesbots.

         First Assistant Brent Webster is the caretaker while Paxton is on trial. If he cannot keep his duties as an officer of the State separate from his personal loyalty to Paxton, then Abbott should appoint someone for that role.

         How about Dan Branch?

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         So many questions. I tried to put together a Frequently Asked Questions, or FAQ, to guide us all. Then I realized I needed to prepare a “Never Before Asked Questions” (NBAQ). So, if you have a question or questions that you want answered, please put them in the comments. I will try to answer all questions in future editions of Life Its Ownself.