Texas Senate takes no public action on rules for Ken Paxton’s impeachment trial

Attorney General Ken Paxton speaks at a news conference at the Houston Recovery Center on Oct. 26, 2021. Paxton was temporarily suspended from office after the House voted last month to impeach him.

On the final day of the regular legislative session in late May, senators created the committee, gave it permission to conduct its business in private and directed it to return Tuesday to present rules of procedure to a “caucus of the Senate” — which typically meets outside of public view. On Monday, Lt. Gov. Dan Patrick, who presides over the Senate, indicated that the impeachment trial rules might not be made public until later this week.

The House managers, who have hired Texas legal giants Dick DeGuerin and Rusty Hardin to present the case against Paxton, sent the Senate committee 17 examples of rules that were used in past impeachment trials in Texas, including a recusal rule.[State Sen. Angela Paxton will “carry out my duty” and attend her husband’s impeachment trial]

Buzbee said in his first news conference as Paxton’s lead lawyer that the process of lining up witnesses and documents could take up to a year. And Paxton’s legal team argued in a memo to the committee that it should limit testimony to deposition statements, rather than allow live witnesses, which they said could turn the proceedings into “political theater.”Paxton’s permanent removal from office would require a two-thirds vote in the Senate.

A majority of the impeachment allegations against Paxton originated with eight of his former top deputies who, in 2020, met with law enforcement to accuse Paxton of misusing his power to benefit his friend and political donor, Austin real estate investor Nate Paul.

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