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Paxton Impeachment Trial, Days 3 and 4 [1]

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Date: 2023-09-08

Practical limitations (i.e., real life) prevent me from following the trial minute-by-minute, along with detailed updates. However, I intend to “check in” periodically and provide scene snips along with general impressions. So…Thursday and Friday I missed the opening prayer (and which Senator led it).

Besides my own sporadic updates, also apologize if I have previously left out details of who is who and what is what. Probably should not assume that folks have been following the news on this.

The best print coverage I have seen is from The Texas Tribune, and I urge those who are interested in the Paxton trial to check it out. Nothing like getting coverage from professionals who are paid to do it.

The Players

Texas Lt. Governor Dan Patrick also serves as the President of the Senate. Patrick is presiding over the Senate operating as a Court of Impeachment. Patrick previously served as a Senator himself (2007-2015) before he was elected Lt. Governor. Because Patrick is “neither a lawyer nor a judge,” he has engaged the services of retired (I think) Judge Lana Myers. Judge Myers previously served as a Dallas County District Court Judge and then on the Texas Fifth District Court of Appeals.

Attorneys representing the House Impeachment Managers are Dick DeGuerin (age 82) and Rusty Hardin (age 81). Attorneys representing Paxton are Tony Buzbee (who was there for cross-examination on Day 1, but now seems to be mostly absent), Dan Cogdell (age 67), and J. Mitchell Little (who is also representing Paxton in his criminal securities fraud trial). There are at least three attorneys who are currently employees of the AG’s office sitting at Paxton’s table. I recognize General Litigation Chief Chris Hilton.

To look at the Texas Attorney General’s web page, anyone out of the news loop would presume that Paxton was still in charge of the agency. The office is treating the impeachment like an annoying sidebar that can safely be ignored.

The Allegations

So far, the testimony has primarily revolved around events in the AG’s office that led to a number of former employees reporting Paxton to the FBI. Most of this malfeasance involved Paxton’s purported abuse of his office in order to benefit one Nate Paul. It is unclear whether Nate Paul was a friend, an acquaintance, a campaign donor, or all three.

After the feds searched Nate Paul’s business premises, the AG’s office received a public records (Texas Public Information Act, TPIA Chapter 552) request from Nate Paul’s attorney for the search warrant affidavit. The TPIA expressly provides a “law enforcement exception” in the case of ongoing investigations (which this was). AG top deputies all believed the exception applied, but Paxton kept pushing for the records to be released. According to testimony, Paxton believed that the FBI had “violated Paul’s rights” and was being victimized—like Paxton alleges he was when the feds searched Paxton’s place in the securities fraud investigation. Nothing like your top law enforcement office in the state having an adversarial relationship with…law enforcement.

There was a “rushed” opinion in 2020 about shutting down foreclosure sales due to Covid. Coincidentally, several of Nate Paul’s properties were scheduled for foreclosure. Moreover, general policy in Texas was that the state was “open for business” during Covid, and the state generally opposed shutdown and restrictions.

The AG’s office improperly interfered in a lawsuit between the Mitte Foundation and Nate Paul. Although the AG’s statutory duty is to intervene only when needed to “protect” charitable foundations, Paxton’s involvement actually favored Nate Paul.

An attorney named Brandon Cammack was hired as some sort of “special counsel” to investigate the feds action against Nate Paul. Most of the AG deputies testified that the AG’s “contract” with Cammack did not go through the usual procedure. The next thing they knew, Cammack had issued a number of subpoenas and was requesting payment. According to testimony, Nate Paul personally chose the targets and drafted the language for subpoenas that demanded highly sensitive information. Jeff Mateer and Mark Penley had the subpoenas quashed.

Defense arguments suggest that Paxton was within the bounds of his discretionary authority to (1) approve or reject a public records request, (2) unilaterally issue an informal opinion in the middle of a pandemic, (3) involve the AG’s office in the Mitte litigation, and (4) Paxton had the authority to unilaterally hire outside counsel. That is, Paxton has done nothing that is “illegal.”

So far, we have not heard a lot of testimony on the following articles:

Nate Paul’s company performed repairs on the Paxton’s home in exchange for some kind of quid pro quo/bribery.

Nate Paul hired Paxton’s mistress so she would have a job in Austin, giving Paxton more opportunities to hook up.

Paxton instigated some kind of “sham investigation” against his former employees.

Paxton attempted to “conceal” his wrongful acts by settling the whistleblower’s lawsuit (and keeping the details out of the news) and getting the Texas taxpayers to pay for it.

There is another “bribery” charge involving another donor named Jeff Blackard and something about “disrupting the payment of prosecutors” in Paxton’s securities fraud trial, apparently, for the purpose of preventing voters from learning the truth.

Other articles involve allegations of false and misleading statements in official records.

The Witnesses

Witnesses who have testified so far are executive-level Deputies who used to work out of prestigious offices on the “8th floor.” All of them are conservative Republicans. The attorneys are members of the Federalist Society. So far, all of them have testified to being committed to Paxton’s conservative legal agenda. These guys literally had nothing to gain and everything to lose by reporting Paxton to outside law enforcement.

Jeff Mateer, Paxton’s former First Assistant AG (highest rank in the office below Paxton). Mateer voluntarily left the AG’s office on October 2, 2020, so he is not one of the “whistleblower” employees. Mateer was replaced by Brent Webster, a Paxton loyalist who orchestrated the firing of the other employees.

Ryan Bangert came to the Texas AGs office from the Missouri AG’s office in 2019 (where he had served under Josh Hawley). Bangert was promoted to Deputy First Assistant AG in March of 2020. Bangert is also not one of the whistleblowers.

The first of the “whistleblower” employees to take the stand was Ryan Vassar. Vassar does not seem to be as über-far-right as Mateer and Bangert, but rather more a traditional type of conservative who attends a Baptist church. Vassar was hired by Amanda Crawford (a great person I have worked with myself on TPIA issues, and who is now at the Department of Information Resources) in 2015. Vassar had previously worked in former Governor Rick Perry’s office. By 2020, he was Chief of General Counsel and promoted to Deputy in April 2020.

At the time Vassar was terminated by the AG, he had three children at home ages 6 months to 4 years old. Vassar was unemployed for 6 months and the family “lived off savings.” Obviously, mom did not work because she already had her hands full.

When Rusty Hardin asked Vassar how he felt about being called a “rogue employee” in the media, he struggled and became tearful for a minute. He testified that these accusations (coming from Paxton) were “contrary to the years I dedicated my life to the state.” Vassar first became aware of Nate Paul in regard to a public records request for law enforcement documents involved in the August 29th raid of Paul’s offices. Vassar gave a cogent (and understandable by lay persons) explanation of the TPIA and the dangers of “upsetting decades of precedent” by overriding the law enforcement exception. Vassar also testified to details surrounding the Brandon Cammack contract.

When Hardin asked him why he sued the AG, his answer was “to take care of my family, to be a good example, and to stand up for the truth.”

At times Vassar seemed to be struggling to de-sensationalize his testimony. This appeared to be more of an effort to stay calm and stick with just the facts. Which tend to get tedious and create a sense of being “lost in the weeds” and losing the overall thread. Vassar testified that he informed Paxton he had spoken to the FBI on October 1st, and believes this is what led to his being fired in November 2020.

At one point, Vassar was asked why he went to the FBI. He said the employees “did not want to become co-conspirators.” After this there was a very long pause. Expected to hear an objection, but there was none. So…the word “co-conspirator” is now in the official record.

Although the witnesses have for the most part held up under cross-examination, I am somewhat concerned about the potential for impeachment by trivial pursuit. This is a technique whereby a witness is aggressively cross-examined about minute and tangential details to the point where the witness (even an honest one) becomes confused and unsure. This can result in equally detailed follow-up questions, but what happens here is the side against which this tactic is deployed loses the main point of their case theory. Kind of like being distracted with whack-a-mole while the horse leaves the barn.

Don’t know if we should admire or wonder about not one, but both the House Manager’s attorneys being in their 80s. Although both of them have good records and are highly-rated, there were times when Rusty Hardin became confused by his own questions. There was a moment where you could see the attorneys on Paxton’s side exchange concerned looks and one of them even asked Patrick to call for a break. These are long days of intense concentration in a highly adversarial venue—something which these guys are probably used to. We have a President who is 80 and still kicking butt, so maybe I am just being overly worried. No way to know what is going on in the Senator’s minds.

On Friday, they finished up Mr. Vassar’s testimony and then called David Maxwell. At this point, Patrick announced that the prosecution had 15 hours remaining and the defense (Paxton) had 16 hours remaining. Paxton is obviously basing his defense primarily on cross-examination, although it will be interesting to see if Paxton calls any witnesses at all. Dick DeGuerin has now taken over the questioning, and it seems to be going a little smoother.

David Maxwell is one of the whistleblower employees. Prior to coming to the AG’s office, Maxwell had served as a Texas Ranger from 1986 to 2011. Maxwell was hired while (now Governor) Greg Abbott was AG. At the time of the Nate Paul incidents, Maxwell had been promoted to Director of Law Enforcement, which was equal in rank to the Deputies.

Maxwell testified about recording his first meeting with Paul (which he had set up, NOT Paxton) and listening while Paul ranted his “conspiracy theories.” At a third meeting with Paul, Maxwell testified that Paxton had explicitly requested that it NOT be recorded. Maxwell said he would not accommodate Paul’s demands for an investigation into the FBI because it would constitute interference with an investigation and “obstruction of justice.” Dan Cogdell had taken over cross-exam on Paxton’s side, and the exchanges between Cogdell and Maxwell became heated and testy. Patrick scrambled to keep up with objections and had to admonish both the witness and the attorneys several times. For a non-lawyer, think that Patrick is doing pretty good ruling on objections, actually being correct and respectful to both sides.

The proceedings took a break a little after 5 pm, but did not resume by 6:10 pm. Patrick typically goes until after 6 pm, giving folks a short break for “snacks” in the late afternoon. They are likely planning to start with a new witness first thing Monday.

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[1] Url: https://www.dailykos.com/stories/2023/9/8/2192306/-Paxton-Impeachment-Trial-Days-3-and-4

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