Texas Attorney General Ken Paxton acquitted on all 16 impeachment charges by Senate

AUSTIN, Texas — Republican Attorney General Ken Paxton was acquitted by the state Senate on all 16 articles of impeachment related to accusations of bribery, disregard of official duty, and dereliction of duty.

In a stunning show of vindication, the majority GOP body chose not to convict Paxton and allowed him to return to the office immediately and finish out his third term after being suspended without pay since late May.

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The acquittal followed eight days of testimony from more than a dozen witnesses, most of whom said Paxton had abused his power in office throughout his second term.

Paxton was present before votes were read, but left the room during vote casting. The chamber was silent except for occasional clashes of thunder outside, visitors coming and going from the gallery above the Senate floor, and the oral counting of votes.

Eric Gay/AP

The failure to convict Paxton on any of the charges was a huge blow to the House managers who brought the case.

The Senate jury deliberated beginning at noon local time Friday until 8 p.m. last night. Shortly after 10 a.m. Saturday, the Senate announced the senators would return around 11 to vote. It spent 1 hour and 45 minutes voting.

The 31-person Senate is comprised of 12 Democrats and 19 Republicans, including Sen. Angela Paxton, the attorney general’s wife.

Sen. Paxton was not allowed to vote on any of the pretrial motions or articles, which made it harder for the Senate to rally the 21 votes necessary to convict on each charge.

Eric Gay/AP

Paxton’s lead defense lawyer, Tony Buzbee, said during closing arguments that the prosecution had brought a case “with no evidence” as part of a “political witch hunt within the Republican Party.”

Republican state Rep. Andrew Murr, House Board of Impeachment Managers chairman, had warned jurors during his closing argument that letting Paxton off would allow him to engage in new abuses when he returns to office.

“He has betrayed us and the people of Texas, and if he’s given the opportunity, he will continue to abuse the power given to him,” Murr said.

Paxton was impeached by the House in May on 20 articles of impeachment, but the Senate chose to move forward on 16 articles. Paxton had been accused of using his power to help real estate developer Nate Paul.

Eric Gay/AP

The 16 articles of impeachment and the final verdict on each charge are below.

ARTICLE 1: Disregard of Official Duty – Protection of Charitable Organization – ACQUITTED
The allegation: Paxton caused employees of his office to intervene in a lawsuit brought by the Roy F. & JoAnn Cole Mitte Foundation against several corporate entities controlled by Nate Paul. Paxton harmed the Mitte Foundation in an effort to benefit Paul.

ARTICLE II: Disregard of Official Duty – Abuse of the Opinion Process – ACQUITTED
The allegation: Paxton caused employees of his office to prepare an opinion in an attempt to avoid the impending foreclosure sales of properties belonging to Nate Paul or business entities controlled by Paul. Paxton concealed his actions by soliciting the chair of a senate committee to serve as a straw requestor. Furthermore, Paxton directed staff to reverse their legal conclusion for the benefit of Paul.

ARTICLE III: Disregard of Official Duty – Abuse of the Open Records Process – ACQUITTED
The allegation: Paxton directed employees of his office to act contrary to law by refusing to render a proper decision relating to a public information request for records held by the Department of Public Safety and by issuing a decision involving another public information request that was contrary to law and applicable precedent.

ARTICLE IV: Disregard of Official Duty – Misuse of Official Information – ACQUITTED
The allegation: Paxton improperly obtained access to information held by his office that had not been publicly disclosed for the purpose of providing the information to the benefit of Nate Paul.

ARTICLE V: Disregard of Official Duty – Engagement of Cammack – ACQUITTED
The allegation: Paxton engaged Brandon Cammack, a licensed attorney, to conduct an investigation into a baseless complaint, during which Cammack issued more than 30 grand jury subpoenas, in an effort to benefit Nate Paul or Paul’s business entities.

ARTICLE VI: Disregard of Official Duty – Termination of Whistleblowers – ACQUITTED
The allegation: Paxton terminated employees of his office who made good faith reports of his unlawful actions to law enforcement authorities. Paxton terminated the employees without good cause or due process and in retaliation for reporting his illegal acts and improper conduct. Furthermore, Paxton engaged in a public and private campaign to impugn the employees’ professional reputations or prejudice their future employment.

ARTICLE VII: Misapplication of Public Resources – Whistleblower Investigation and Report – ACQUITTED
The allegation: Paxton directed employees of his office to conduct a sham investigation into whistleblower complaints made by employees whom Paxton had terminated and to create and publish a lengthy written report containing false or misleading statements in Paxton’s defense.

ARTICLE VIII: Disregard of Official Duty – Settlement Agreement – ACQUITTED
The allegation: Paxton entered into a settlement agreement with the whistleblowers that provides for payment of the settlement from public funds. The settlement agreement stayed the wrongful termination suit and conspicuously delayed the discovery of facts and testimony at trial, to Paxton’s advantage, which deprived the electorate of its opportunity to make an informed decision when voting for attorney general.

ARTICLE IX: Constitutional Bribery – Paul’s Employment of Mistress – ACQUITTED
The allegation: Paxton benefited from Nate Paul’s employment of a woman with whom Paxton was having an extramarital affair. Paul received favorable legal assistance from, or specialized access to, the office of the attorney general.

ARTICLE X: Constitutional Bribery – Paul’s Providing Renovations to Paxton Home – ACQUITTED
The allegation: Paxton benefited from Nate Paul providing renovations to Paxton’s home. Paul received favorable legal assistance from, or specialized access to, the office of the attorney general.

ARTICLES XI, XII, XIII, XIV were excluded from the Senate trial, but were dismissed in a single vote following the 16 articles of impeachment.

ARTICLE XV: False Statements in Official Records – Whistleblower Response Report – ACQUITTED

The allegation: Paxton made or caused to be made multiple false or misleading statements in the lengthy written report issued by his office in response to whistleblower allegations.

ARTICLE XVI: Conspiracy and Attempted Conspiracy – ACQUITTED
The allegation: While holding office as attorney general, Paxton acted with others to conspire, or attempt to conspire, to commit acts.

ARTICLE XVII: Misappropriation of Public Resources – ACQUITTED
The allegation: While holding office as attorney general, Paxton misused his official powers by causing employees of his office to perform services for his benefit and the benefit of others.

ARTICLE XVIII: Dereliction of Duty – ACQUITTED
The allegation: While holding office as attorney general, Paxton violated the Texas Constitution, his oaths of office, statutes, and public policy against public officials acting contrary to the public interest.

ARTICLE XIX: Unfitness for Office – ACQUITTED
The allegation: While holding office as attorney general, Paxton engaged in misconduct, private or public, of such character as to indicate his unfitness for office.

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ARTICLE XX: Abuse of Public Trust – ACQUITTED
The allegation: While holding office as attorney general, Paxton used, misused, or failed to use his official powers in a manner calculated to subvert the lawful operation of the government of the State of Texas and obstruct the fair and impartial administration of justice, thereby bringing the Office of Attorney General into scandal and disrepute to the prejudice of public confidence in the government of this State