AUSTIN — In a historic move that foreshadows the ouster of one of the state’s most powerful Republicans, a House ethics panel on Thursday recommended the impeachment of Texas Attorney General Ken Paxton.
The move comes after House investigators, who conducted a months-long ethics probe into Paxton, alleged that he abused his position and broke the law to help a campaign donor.
A full House impeachment vote could come as soon as this weekend, forcing Republican lawmakers to decide whether to oust one of the state’s most prominent Republicans. If a majority of the House members accept the impeachment, the Senate would hold a trial on whether to remove him from office.
“I think we did the right thing,” said Rep. Charlie Geren, R-Fort Worth, a member of the House General Investigations Committee.
Political points
Paxton, 60, is already preparing for a fight. A lawyer for the agency burst into the committee room Thursday, demanding to be heard as a witness and calling the impeachment process “illegal.”
Once impeachment proceedings began, Paxton would not be able to perform his official duties. It’s unclear whether Gov. Greg Abbott would name an acting attorney general in his place or who would head an agency that acts as the state’s attorney’s office.
The impeachment recommendation alone is rare in Texas.
A state official has not been impeached and removed since 1975. Only two officials have suffered that fate in Texas history.
Paxton has been dogged by ethics scandals during his three terms as the state’s top attorney. Shortly after taking office, he was charged with securities fraud that has yet to go to trial. Other allegations of bribery have also been investigated and brought to light.
Despite these legal problems, Paxton has repeatedly won re-election and remains a close ally of former President Donald Trump. He rose to national prominence fighting the outcome of the 2020 presidential election and has made a name for himself in Texas with relentless demands against the Biden administration and a focus on culture war issues.
The House ethics investigation began in March, when Paxton asked the Legislature to fund a $3.3 million settlement with a group of whistleblowers who accused him of abusing his office to help Nate Paul, an Austin real estate developer and campaign donor. In a lengthy hearing, investigators alleged a pattern of misconduct by Paxton that crossed the line into criminal behavior.
They said evidence showed Paxton improperly used his office’s resources, money and time to help Paul on several occasions throughout 2020, raising alarms among his top aides. who saw Paxton’s personal interventions as highly unusual and unethical.
Investigators said the instances included gathering agency resources to help Paul’s companies in a legal conflict with a charitable foundation and issuing a hasty opinion that Paul’s team used to fight a dozen foreclosures . Paxton also hired an inexperienced outside attorney, who was recommended by Paul’s legal team, to investigate the real estate developer’s complaints after Paxton’s top deputies balked, investigators said. On behalf of the state agency, outside counsel allegedly obtained 39 grand jury subpoenas directed at banks involved in litigation with Paul and federal authorities who were investigating him, including a magistrate judge.
Paxton, they suggested, got an expensive kitchen upgrade and Paul hired a woman with whom the attorney general was allegedly having an affair.
After Paxton’s senior staff brought their concerns to law enforcement in late 2020, they were fired or left the agency. Many of the allegations are laid out in the whistleblower lawsuit that four former employees recently settled with Paxton. The FBI is also investigating the allegations, but has not filed any charges.
Paxton has denied wrongdoing.
A Senate impeachment trial could be the first time Paxton has to respond to these allegations in a public setting.
On Thursday afternoon, the House General Investigations Committee met on Thursday and went into closed session.
The General Investigative Committee is made up of five lawmakers who can investigate complaints of misconduct, embezzlement, embezzlement, abuse of office, incompetence and workplace misconduct by state officials and employees. Its current members are Geren, Ann Johnson, D-Houston; Andrew Murr, R-Junction; Oscar Longoria, D-Mission; and David Spiller, R-Jacksboro.
They emerged a short time later and voted unanimously to recommend impeachment. There was no debate, and the panelists did not elaborate.
Murr, the president, introduced the formal resolution Thursday evening.
Before the vote, a senior Paxton deputy interrupted the proceedings and demanded testimony at the hearing.
The head of the Litigation Division, Chris Hilton, said the committee did not contact Paxton’s agency during its investigation and has accused it of trying to subvert the attorney general’s right to intervene on the accusations
The committee rejected Hilton’s request and instead met privately in executive session. Hilton walked into the hallway outside the hearing room, where she told reporters that state law only allows officials to be removed for conduct since the last election.
Paxton was re-elected in November 2022.
“These allegations were against General Paxton, they have been against him for years,” Hilton said. “Voters have rejected these smears. They have rejected these attacks. And this committee is trying to undermine the will of the voters by investigating him without even contacting us to participate in the process.”
He said case law supported his interpretation of the impeachment process, but did not answer which precedent he was referring to. Hilton also did not answer questions about whether he was sent to officially represent Paxton or whether Paxton planned to testify himself.
After a few minutes of questioning, Hilton and Paxton’s special counsel, Suzanna Hupp, said they had to leave. Reporters were physically prevented from chasing them down the steps of the Capitol.
Asked if anyone from Paxton’s agency was invited to speak to the committee during the investigation, Geren said he did not know.
