The Ongoing Efforts to Impeach Embattled Texas Attorney General Ken Paxton

The Ongoing Efforts to Impeach Texas Attorney General Ken Paxton

Texas Attorney General Ken Paxton has faced calls for his impeachment since 2015, when he was indicted on felony securities fraud charges. Despite the criminal charges against him, Paxton has managed to avoid conviction and remain in office. However, the efforts to impeach him have persisted as controversies continue to surround the embattled Attorney General.

The Securities Fraud Indictment

In July 2015, Ken Paxton was indicted by a grand jury on three counts of felony securities fraud and arrested. The charges stem from actions Paxton allegedly took before becoming Attorney General. While serving as a state legislator, Paxton is accused of soliciting clients for a friend's investment firm without properly registering as an investment adviser as required by law. He allegedly received a commission on the sales totaling over $100,000. Paxton pleaded not guilty to the charges.

Prosecutors claim Paxton violated state securities law by failing to disclose that he was being paid to route his legal clients into investments from which he would receive a commission. He faces two first-degree felony counts of securities fraud punishable by 5 to 99 years in prison and/or fines of up to $10,000. He also faces a third-degree felony charge for failing to register as an investment advisor with the state.

Delayed Trial

Paxton's criminal trial has faced years of delays. The case is currently stalled as prosecutors seek to have their pay increased in order to continue pursuing the charges against Paxton. In 2021, the Texas Legislature declined to fund an increase in pay for the special prosecutors. This has essentially halted the case as the unpaid special prosecutors signaled they will not continue without proper compensation.

Paxton's defense team has also contributed to stalling the trial. His lawyers have fought vigorously to have the charges dismissed and have also sought to move the trial out of Collin County, where Paxton lives and the alleged crimes occurred. In 2022, the case was moved to Harris County but a court order returning it to Collin County was issued soon after.

Nearly seven years after his indictment, Paxton has yet to face trial. He maintains his innocence and has accused the prosecutors of having political motivations in going after him. The delays have allowed Paxton to remain in office and continue serving as Attorney General.

Controversies as Attorney General

In addition to the securities fraud charges, Ken Paxton has been embroiled in numerous other controversies during his time as Texas Attorney General. Here are some highlights:

• In 2015, Paxton was sued by the U.S. Securities and Exchange Commission for defrauding investors while working as an investment advisor and fined $1,000.
• In 2020, seven of Paxton's top aides in the AG's office signed a letter accusing him of bribery and abuse of office. They alleged Paxton used his position to help a campaign donor who had given him a $25,000 contribution.
• In 2020, the FBI began investigating claims that Paxton was using his office to benefit a wealthy donor. Paxton has denied any wrongdoing.
• In 2020, Paxton had an extramarital affair with a woman who would later receive a job at the Attorney General's office. Paxton recommended her for the job and was later cleared of abusing his office.
• In 2021, Paxton fled his home to avoid being served with a subpoena related to an abortion rights lawsuit. Process servers had to stake out the AG's house to finally serve him.

Despite the myriad controversies, Ken Paxton has remained in office and emerged as one of the most prominent conservatives in Texas. He has been a staunch supporter of former President Donald Trump and taken hardline conservative stances on issues like immigration and LGBTQ rights.

Efforts to Impeach Paxton

A few Texas lawmakers have made efforts to impeach Paxton given the criminal indictment and litany of controversies surrounding the Attorney General. In 2015, a Democratic state representative filed a resolution to impeach Paxton shortly after his indictment. However, the effort fizzled out and never gained momentum.

In 2021, lawmakers once again raised the possibility of impeachment after Paxton's top aides alleged serious abuses of office. Over 25 Democratic state representatives signed on to a letter urging the Speaker of the Texas House to form a committee to look into impeaching the Attorney General. While the Speaker acknowledged concerns over the allegations, no action was taken.

Most recently in September 2022, two Texas state representatives introduced proposals to impeach Paxton. One resolution accuses Paxton of "gross incompetency" and "habitual drunkenness" among other charges. The second proposes creating a committee to investigate whether grounds exist for impeachment. However, the efforts are unlikely to succeed given Republican control of Texas government.

Removing an elected official like the Attorney General through impeachment is difficult in Texas and requires votes by supermajorities in both legislative chambers. Paxton has remained defiant amidst calls for his impeachment, claiming the efforts are without merit and driven by partisan politics.

The Future for Ken Paxton

Ken Paxton is running for a third term as Texas Attorney General in the November 2022 election. Despite the controversies surrounding him, he handily won the Republican primary after receiving Donald Trump's endorsement. If elected again, Paxton could remain Attorney General for four more years.

It remains to be seen whether Paxton will ever stand trial for the criminal charges he still faces. The case could potentially be dismissed or he could ultimately be acquitted at trial. Unless he is convicted of a felony, Paxton can likely stay in office and avoid impeachment barring any major new scandals emerging.

Texas is heavily Republican and statewide elected officials like the Attorney General have immense power and independence. Ken Paxton has proven resilient against efforts to impeach him or otherwise force him from office. Barring a massive shift in the political landscape, the Texas Legislature is unlikely to seriously pursue removing Paxton from an office he appears well positioned to hold onto for the foreseeable future.

FAQs

What criminal charges does Ken Paxton face?

Ken Paxton was indicted in 2015 on three felony charges related to securities fraud. He is accused of soliciting clients for a friend's investment firm without disclosing he was being paid commissions, in violation of securities law.

Why has Paxton's criminal trial been delayed?

Paxton's trial has faced years of delays due to numerous factors. His defense team has sought to get the charges dismissed and change trial venue. There is also a dispute over pay for the special prosecutors pursuing the case.

What controversies has Paxton faced as Attorney General?

Controversies include allegations of bribery and abuse of office by his own staff, an extramarital affair with a staffer, and being accused of using his office to benefit a donor. He's also been sued by the SEC and avoided a subpoena.

Who has tried to impeach Paxton?

A few Democratic state lawmakers have called for Paxton's impeachment, but none of the efforts have succeeded. Removing an elected official like the AG requires supermajority votes that Republicans have blocked.

How has Paxton remained in office?

Despite the criminal case and controversies, Paxton has retained GOP support. He has stalled the legal case against him for years. Barring conviction on a felony, he can likely stay in office until he's up for re-election.