Paxton seeks to dismiss all but one impeachment charge under Texas ‘prior-term doctrine’
Misty Severi
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The legal team for Texas Attorney General Ken Paxton attempted to get all but one impeachment charge against the attorney general dismissed on Monday, citing the state’s “prior-term doctrine.”
According to the court filing, 19 of the 20 charges were accusations and alleged crimes that voters knew about before Paxton was reelected last year. Under the prior-term doctrine, officials cannot be removed from office for an act they committed before they were elected.
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Paxton’s attorneys also sought to exclude any evidence of the alleged crimes or misconduct that occurred before the start of the attorney general’s third term in January, according to a second court filing.
The attorneys noted that voters at the polls were “subject to tens of millions of dollars in broadcast advertisements, dozens of newspaper articles, and countless speeches or appearances accusing Attorney General Paxton of the alleged misconduct” when they voted for him in November. “Texas voters rendered their judgment by re-electing Attorney General Paxton to serve a third consecutive term. As a matter of both common sense and Texas law, that should be the end of the matter,” the attorneys wrote.
The Texas House voted to impeach Paxton in a 121-23 vote in May, but Paxton’s trial before the state Senate is not expected to begin until September. The charges are centered on the attorney general’s dealings with a friend and political donor, real estate agent Nate Paul, and include allegations of bribery, abuse of power, and retaliation against whistleblowers.
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Seven whistleblowers came forward to the FBI in 2020 and alleged wrongdoing on the part of Paxton in an investigation into Paul, who was under federal investigation for fraud. The charge that was unchallenged in the impeachment is related to the whistleblowers and accuses Paxton of misusing his powers as attorney general by “concealing his wrongful acts in connection with the whistleblower complaints.”
Paxton has been suspended as the state attorney general pending his hearing in the Senate on Sept. 5. Gov. Greg Abbott (R-TX) has tapped Angela Colmenero to fill in as acting attorney general in Paxton’s stead.