With impeachment trial imminent: Will Texas Attorney General Ken Paxton prevail?
AUSTIN, Texas - 30 Senators sitting in judgment of an embattled Texas Attorney General. It has never happened in the 187-year history of the Lone State until now.
"I think the State of Texas deserves this trial. Every citizen ought to have a chance to see this happen, see it play out and see this evidence and know exactly what happened with their Attorney General," said Chris Tritico, FOX 26 legal analyst.
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Back in May, the Texas House overwhelming approved 20 articles of impeachment against Ken Paxton including allegations he abused his power, retaliated against whistleblowing employees, obstructed a federal investigation and accepted bribes all done to benefit businessman and donor Nate Paul.
In the days to come, the upper chamber will consider the lion’s share of those charges.
"If it’s true, then he should be removed from office, and we ought to have a chance to know what the truth is," said Tritico.
And yet there is a distinct possibility the evidence against Ken Paxton will never be heard on the Senate floor.
The Attorney General’s defense team has filed a motion to dismiss nearly all the charges based upon what lawyers refer to as the "forgiveness doctrine" – the idea that Texans have "more or less" known about Paxton’s misdeeds and re-elected him anyway.
"I think if Republican Senators want to acquit Ken Paxton, they are going to do so by saying their hands are tied because of the voter forgiveness doctrine and the fact that all of these charges occurred prior to November of 2022 they have to essentially dismiss them," said Rice University Political analyst Mark Jones.
But Scott Braddock, who covers Texas politics for The Quorum Report, believes the Senate won't let Paxton off the hook before hearing all the evidence.
"Politically there will be some Republicans that look for that safety valve, but I don't believe there are enough votes right now in the Senate to dismiss these charges. I think we are proceeding to trial," said Braddock.
Significantly, approval of the motion to toss out the case requires only a simple majority, a bar far lower than the two-thirds Senate vote needed to convict.
Tritico believes the dismissal option may well prove the least damaging political play.
"So they may want to grant these motions, kick it out, not let these people testify pubically, and then politically ride that storm out because nobody heard the evidence," said Tritico.
Meantime, State Senator Angela Paxton appeared Saturday at her husband’s side, despite confirmed reports the Attorney General was engaged in an extended extramarital affair.
"I have also watched this man fight for me, fight for us as a couple. And you can be sure, if he will do that, he will fight for you," said Paxton.
Paxton will attend the trial, but will not be allowed to vote on her husband's fate.