Texas Senate Passes Rules for Paxton's Impeachment Trial

The Texas Senate on Wednesday evening passed a resolution outlining 31 procedural rules for the impeachment trial of suspended Texas Attorney General Ken Paxton after two days of closed-door deliberations and multiple recesses.

Legal proceedings will begin September 5 and be opened to the public. However, senators are allowed to convene in closed session, but no formal action can be taken during these meetings.

The list of rules passed on a 25-3 vote, with Senators Sarah Eckhardt (D-Austin); Bob Hall (R-Edgewood); and notably Angela Paxton (R-McKinney) – Paxton’s wife – voting against the adoption of these guidelines.

Senator Paxton had issued a statement earlier this week that said she would carry out her duties. However, she had not addressed questions surrounding her level of participation. Some senators opposed her participation saying it was a conflict of interest.

The final rule adopted by the Senate will permit the senator to sit in on the proceedings but she will not be allowed to vote on any matter or take part in the closed sessions or deliberations.

A second resolution, adopted unanimously, requires the attorney general to stand trial and answer to 16 of the 20 articles of impeachment that were initially presented by Representative Andrew Murr (R-Junction).

The other four articles may be considered only after the others have passed. These address one of Paxton’s ongoing legal battles over an eight year-old securities fraud case, alleged obstruction of justice, claims of lying on official records and misreporting financial information.

Attorneys Rusty Hardin and Dick DeGuerin, who are representing the House impeachment managers, will start the proceedings by presenting the evidence they have. Both sides will be allowed to cross examine witnesses.

Paxton’s legal team led by Tony Buzbee will do the same. Each side has 24 hours to do so. Lieutenant Governor Dan Patrick will preside over the presentation of evidence and witness questioning.

Both sides have an August 22 deadline by with they must file their witness lists.

All of the House impeachment managers and senators are required to be in attendance while in an open session according to Texas law, when they meet as a “court of impeachment.”

Patrick commended the senators for their work on approving these rules and reminded them that they could not discuss any details of the trial with others outside of the closed and open sessions – especially with Paxton, his legal team or the lawyers for the House impeachment managers.

The lieutenant governor then gaveled out of session, recessing the Senate until Friday morning at 9 a.m.

The passage of these two resolutions comes after a dayslong attempt by the Senate to approve the draft created by a seven-senator committee outlining the rules for the proceedings.

Senator Paul Bettencourt (R-Houston) said the senators were “working hard on the rules,” but recessed numerous times earlier Wednesday morning and afternoon, before the final meeting of the Senate around 7:30 p.m.

Paxton will face trial in early September on allegations of abuses of office and illicit behavior as uncovered by a probe launched into his actions by the House Committee on General Investigating after several of Paxton’s top officials filed a whistleblowers lawsuit.

The Senate would need 21 votes or two-thirds of the chamber in favor of permanently removing Paxton from office and preventing him from holding a position again.