Impeachment of Ken Paxton, 2023

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• Sexual assault and harassment
• Noteworthy criminal misconduct
• Noteworthy professional misconduct

Misconduct (2023-2024)

Sexual assault and harassment in American politics

Noteworthy criminal misconduct

Noteworthy professional misconduct

See also: Misconduct in American politics (2023-2024)

On May 27, 2023, the Texas House of Representatives approved 20 articles of impeachment against Texas Attorney General Ken Paxton (R). The Texas Tribune's Zach Despart and James Barragán wrote "Many of the articles of impeachment focused on allegations that Paxton had repeatedly abused his powers of office to help a political donor and friend, Austin real estate developer Nate Paul." Click here to read about noteworthy events regarding Paxton's relationship to Paul that took place before the impeachment.

Following the House vote that impeached him, Paxton said, “The ugly spectacle in the Texas House today confirmed the outrageous impeachment plot against me was never meant to be fair or just. It was a politically motivated sham from the beginning. … What we witnessed today is not just about me. It is about the corrupt establishment's eagerness to overpower the millions of Texas voters who already made their voices heard when they overwhelmingly re-elected me.“

Impeachment is the process by which the legislative branch has the authority to remove a sitting public official. The actual trial on those charges, and subsequent removal of an official on conviction on those charges, is separate from the act of impeachment itself.

Paxton was the second statewide official, and the third overall, to be impeached in Texas history.

As required by the Texas Constitution, Paxton was suspended from office during the impeachment process. Texas Gov. Greg Abbott (R) appointed John Scott as interim attorney general on May 31, 2023. Abbott subsequently appointed Angela Colmenero to replace Scott as interim attorney general on July 10, 2023. First Assistant Attorney General Brent Webster (R) initially assumed the role of acting attorney general following Paxton’s suspension. Click here for more information.

On September 16, 2023, the Texas Senate acquitted Paxton of the 16 articles of impeachment for which he was tried. After the vote, Paxton issued a statement: "The sham impeachment coordinated by the Biden Administration with liberal House Speaker Dade Phelan and his kangaroo court has cost taxpayers millions of dollars, disrupted the work of the Office of Attorney General and left a dark and permanent stain on the Texas House. The weaponization of the impeachment process to settle political differences is not only wrong, it is immoral and corrupt."

This page summarizes the impeachment process and the noteworthy events regarding Paxton's impeachment. Click here to read about gubernatorial impeachment procedures in all 50 states.

Timeline

• September 16, 2023: The Texas Senate acquitted Paxton on all 16 impeachment articles for which he was tried.
• September 15, 2023: Both sides presented closing arguments in Paxton's impeachment trial.
• September 14, 2023: Paxton's defense team presented their case against the impeachment charges.
• September 13, 2023: The House impeachment managers rested their case against Paxton.
• September 5, 2023: The Texas Senate began the impeachment trial of Ken Paxton. Paxton pleaded not guilty to all 16 counts.
• September 5, 2023: The Texas Senate—by a vote of 24-6—rejected a motion by Paxton's defense team to dismiss the 16 articles of impeachment that the Senate rules set as the focus of the trial. Twelve Republicans and 12 Democrats voted against the motion to move forward with the trial.
• August 16, 2023: The House impeachment managers released a series of new allegations that Paxton used a burner phone, secret email account, and fake Uber name to try and conceal his relationship with Paul.
• June 21, 2023: The Texas State Senate approved a resolution establishing rules for Paxton's impeachment trial by a vote of 25-3. Click here to read the approved rules. The resolution set the start date for the trial in the Senate for September 5, 2023.
• June 17, 2023: The State Republican Executive Committee voted 53 to 11 on a resolution condemning Paxton's impeachment. Click here to read the full text of the resolution.
• May 30, 2023: The state Senate adopts resolution setting the date for Paxton’s trial in that chamber for no later than August 28, 2023.
• May 29, 2023:
  • The Texas Senate appoints a committee to develop proposed rules for Paxton's impeachment trial. The deadline for the committee to present those rules is June 20, 2023.
  • The Texas House of Representatives appoints 12 impeachment managers to serve as prosecutors during Paxton's Senate trial.
• May 27, 2023: The Texas House of Representatives votes 121-23 to impeach Paxton. This action resulted in Paxton's suspension from office.
• May 25, 2023: The Texas House of Representatives General Investigating Committee unanimously recommends Paxton's impeachment.
• March 2023: The Texas House of Representatives General Investigating Committee begins an investigation of Paxton.
• February 10, 2023: Paxton and four former top aides reached a settlement in a lawsuit arguing that Paxton improperly fired them. According to James Barragán of The Texas Tribune, "The tentative agreement would pay $3.3 million to the four whistleblowers and is contingent on the approval of funding", which would be paid for by the state of Texas.

Articles of impeachment

The 20 articles of impeachment were categorized as follows:

Disregard of official duty (7 articles)

False statements in official records (3)

Constitutional bribery (2)

Obstruction of justice (2)

Abuse of public trust

Conspiracy and attempted conspiracy

Dereliction of duty

Misapplication of public resources

Misappropriation of public resources

Unfitness for office

• Twelve articles of impeachment were related to events regarding the investigations of Paul and the members of Paxton's staff that left office during that time. Click here to read more about those events.
• Three articles related to Paxton's 2015 indictment for securities fraud. Click here to read more about those events.
• Five articles related to Paxton's overall conduct while in office.

Click here for the full Texas House of Representatives resolution detailing the articles of impeachment against Paxton.

Results of impeachment trial

The Texas Senate acquitted Paxton on all 16 articles for which he was tried in September 2023. The following table displays the voting results for each article::

Texas Senate votes on Paxton impeachment articles
Article	Votes to convict (21 needed)
Article 1, Disregard of official duty	14
Article 2, Disregard of official duty	14
Article 3, Disregard of official duty	14
Article 4, Disregard of official duty	2
Article 5, Disregard of official duty	13
Article 6, Disregard of official duty	14
Article 7, Misapplication of public resources	14
Article 8, Disregard of official duty	8
Article 9, Constitutional bribery	12
Article 10, Constitutional bribery	14
Article 11, Disregard of official duty	14
Article 15, False statements in official records	14
Article 16, Conspiracy and attempted conspiracy	14
Article 17, Misappropriation of public resources	14
Article 18, Dereliction of duty	14
Article 19, Unfitness for office	14
Article 20, Abuse of public trust	14

The Senate also voted, 19-11, to dismiss the other four impeachment articles which had had been held in abeyance at the start of the trial.

Impeachment trial

The impeachment trial before the state senate began on September 5, 2023. Paxton pleaded not guilty to all 16 counts.

The Texas Tribune's Chuck Lindell and James Barragán reported that when "the Senate adopted its rules for the trial, however, senators elected to hear evidence on 16 articles — holding four in abeyance that were largely related to 2015 criminal charges against Paxton for private business deals in 2011 and 2012. At the end of the trial, a majority of senators can vote to dismiss the four remaining articles, but if the motion to dismiss is rejected, the presiding officer will set a trial date on those four accusations.

Article 15, Section 3 of the state constitution says, "When the Senate is sitting as a Court of Impeachment, the Senators shall be on oath, or affirmation impartially to try the party impeached, and no person shall be convicted without the concurrence of two-thirds of the Senators present." The state Senate must decide whether to remove Paxton from office and whether he can hold office in the future. Article 15, Section 4 of the constitution says,"Judgement in cases of impeachment shall extend only to removal from office, and disqualification from holding any office of honor, trust or profit under this State," and that those "convicted on impeachment shall also be subject to indictment trial and punishment according to law."

Here are links to The Texas Tribune's daily coverage of the impeachment trial:

• September 5, 2023
• September 6, 2023
• September 7, 2023
• September 8, 2023
• September 11, 2023
• September 12, 2023
• September 13, 2023
• September 14, 2023
• September 15, 2023
• September 16, 2023

Rules for impeachment trial

On May 29, 2023, the Texas Senate appointed a committee to develop proposed rules for Paxton's impeachment trial. The resolution detailing those rules appears below:

Texas Senate committee on impeachment rules members
Name	Partisan affiliation
State Rep. Brian Birdwell Chair	Republican
State Sen. Juan Hinojosa Vice Chair	Democratic
State Rep. Brandon Creighton	Republican
State Rep. Pete Flores	Republican
State Rep. Joan Huffman	Republican
State Rep. Phil King	Republican
State Rep. Royce West	Democratic

House managers

On May 29, 2023, the Texas House of Representatives appointed 12 impeachment managers to serve as prosecutors during Paxton's Senate trial.

Texas House of Representatives impeachment managers
Name	Partisan affiliation
State Rep. Andrew Murr Chair	Republican
State Sen. Ann Johnson Vice Chair	Democratic
State Rep. Charlie Geren	Republican
State Rep. Oscar Longoria	Democratic
State Rep. David Spiller	Republican
State Rep. Briscoe Cain	Republican
State Rep. Terry Canales	Democratic
State Rep. Erin Gamez	Democratic
State Rep. Jeff Leach	Republican
State Rep. Morgan Meyer	Republican
State Rep. Joe Moody	Democratic
State Rep. Cody Vasut	Republican

Texas House votes to impeach

The Texas House of Representatives voted 121-23 to impeach Paxton on May 27, 2023. All of the Texas House's 61 Democrats and 60 Republicans voted in favor of the articles of impeachment, and 23 Republicans voted against.

The Texas House of Representatives General Investigating Committee unanimously recommended Paxton's impeachment on May 25, 2023, after beginning an investigation in March 2023. The Texas Tribune reported that four investigators for the House committee said during a public forum that they believed Paxton "broke numerous state laws, misspent office funds and misused his power to benefit a friend and political donor."

Following the House vote that impeached him, Paxton said, “The ugly spectacle in the Texas House today confirmed the outrageous impeachment plot against me was never meant to be fair or just. It was a politically motivated sham from the beginning. … What we witnessed today is not just about me. It is about the corrupt establishment's eagerness to overpower the millions of Texas voters who already made their voices heard when they overwhelmingly re-elected me.“ A senior lawyer in Paxton's office, Chris Hilton, stated that what the investigators said was "false," "misleading," and "full of errors big and small."

Texas House of Representatives General Investigating Committee

The table below shows the members of the Texas House of Representatives General Investigating Committee that recommended Paxton's impeachment:

Texas House of Representatives General Investigating Committee members
Name	Partisan affiliation
State Rep. Andrew Murr Chair	Republican
State Sen. Ann Johnson Vice Chair	Democratic
State Rep. Charlie Geren	Republican
State Rep. Oscar Longoria	Democratic
State Rep. David Spiller	Republican

Click here for the House Investigating Committee's memo to the Texas House of Representatives summarizing the impeachment process.

Click here for a transcript of the House Investigating Committee's hearing investigating Paxton.

Appointment of interim attorneys general

On May 31, 2023, Texas Gov. Greg Abbott (R) appointed John Scott as interim attorney general. After appointing Scott, Abbott issued a press release saying in part:

“	“John Scott has the background and experience needed to step in as a short-term interim Attorney General during the time the Attorney General has been suspended from duty,” said Governor Abbott. “He served under me in the Texas Attorney General’s Office and knows how the Office of the Attorney General operates. Scott was the Deputy Attorney General for Civil Litigation and has handled cases at all levels of the justice system. His decades of experience and expertise in litigation will help guide him while serving as the state’s top law enforcement officer. I appoint John Scott for this role based on the Texas Constitution to serve for a temporary period during the Texas Senate’s resolution of the impeachment proceedings.”	”
—Texas Gov. Greg Abbott

Click here to read the full press release.

On July 10, 2023, Abbott announced that Scott would no longer be interim attorney general and that Angela Colmenero would replace Scott, effective July 14, 2023. After announcing Colmenero's appointment, Abbott issued a press release saying in part:

“	“John Scott faithfully executed his duties as the interim Attorney General of Texas, and I thank him for his leadership in stepping up to serve his fellow Texans in this role," said Governor Abbott. "Today, under authorities granted by the Texas Constitution, I appoint Angela Colmenero to serve as interim Attorney General of Texas. In addition to her time in the Office of the Governor, Angela served under me in the Texas Attorney General’s Office and has firsthand experience on how the agency operates. Angela's record of experience in state government and expertise in litigation will help her oversee the Texas Attorney General's Office and serve as our state’s top law enforcement officer as the Texas Senate conducts impeachment proceedings.”	”
—Texas Gov. Greg Abbott

Click here to read the full press release.

Commentary & reaction

After Senate voted to convict

• Ken Paxton (R)

"The sham impeachment coordinated by the Biden Administration with liberal House Speaker Dade Phelan and his kangaroo court has cost taxpayers millions of dollars, disrupted the work of the Office of Attorney General and left a dark and permanent stain on the Texas House. The weaponization of the impeachment process to settle political differences is not only wrong, it is immoral and corrupt."

• Former President Donald Trump (R):

"Yes, it is true that my intervention through TRUTH SOCIAL saved Texas Attorney General Ken Paxton from going down at the hands of Democrats and some Republicans, headed by PAUL RINO (Ryan), Karl Rove, and others, almost all of whom came back to reason when confronted with the facts. Ken has been a great A.G., and now he can go back to work for the wonderful people of Texas. It was my honor to have helped correct this injustice!"

• Texas House Speaker Dade Phelan (R)

"Over the last two weeks, the Texas House Board of Managers provided the Texas Senate and the people of Texas extensive evidence of Ken Paxton's corruption, deception and self- dealing. It is extremely unfortunate that after hearing and evaluating this evidence, the Texas Senate chose not to remove him from office...This impeachment was set in motion because Ken Paxton requested millions of taxpayer dollars to settle a lawsuit brought by conservative, senior employees who Paxton himself recruited to his office. These brave individuals were willing to sacrifice their reputations and careers to fight against the misconduct they witnessed, which included abuse of power, corruption, allegations of bribery, and allowing Nate Paul to act as the de facto Attorney General of Texas."

After House voted to impeach

Below are excerpts of comments from selected officials and organizations regarding Paxton's impeachment:

• Former President Donald Trump (R):

"….I love Texas, won it twice in landslides, and watched as many other friends, including Ken Paxton, came along with me. Hopefully Republicans in the Texas House will agree that this is a very unfair process that should not be allowed to happen or proceed—I will fight you if it does. It is the Radical Left Democrats, RINOS, and Criminals that never stop. ELECTION INTERFERENCE! Free Ken Paxton, let them wait for the next election!"

• Texas Lt. Gov. Dan Patrick (R):

"It [the impeachment] comes to the Texas Senate, there will be a trial conducted. I’m not at liberty to say anything really beyond that because I will be presiding over that case and the senators – all 31 senators – will have a vote. We’ll set the rules for that trial as we go forward and we’ll see how that develops."

• State Rep. Ann Johnson (D), vice-chair, Texas House of Representatives General Investigating Committee:

"This gentleman is no longer fit for service or for office. Either this is going to be the beginning of the end of his criminal reign, or God help us with the harms that will come to all Texans if he's allowed to stay the top cop on the take, if millions of Texans can’t trust us to do the right thing, right here, right now."

• U.S. Sen. Ted Cruz (R-Texas):

"I think what happened in the House was a travesty. In my view, these issues, the legal issues surrounding Ken Paxton, those are in the courts. We have a system in the court of law that can resolve those issues but every bit as importantly, these allegations were before the voters."

• U.S. Sen. John Cornyn (R-Texas):

"The fact that this has come this far with the Republicans controlling both the House and the Senate and a Republican attorney general tells you that this is serious enough that people are looking past party labels to try to see what we need to do to preserve the public trust and integrity of the institution."

• State Rep. David Spiller (R), member, Texas House of Representatives General Investigating Committee:

"Today is a very grim and difficult day for this House and for the state of Texas. We have a duty and an obligation to protect the citizens of Texas from elected officials who abuse their office and their powers for personal gain. As a body, we should not be complicit in allowing that behavior."

• Texas Republican Party (excerpt from June 2023 resolution that passed the State Republican Executive Committee, 53-11):

"the Republican Party of Texas CONDEMNS the politically motivated impeachment of Attorney General Paxton by the Texas House of Representatives and hereby IMPLORES Texas Lieutenant Governor Dan Patrick and members of the Texas Senate to uphold Constitutionally guaranteed due process, fairness, precedent, and the rule of law by rendering judgment as a matter of law in the Texas Senate on the grounds that the House of Representatives failed to satisfy due process, to comply with applicable Texas law, and to adhere to precedent; that the articles of impeachment be dismissed with prejudice; and that Ken Paxton be allowed to promptly resume his duties as the duly elected Attorney General."

• Former U.S. Rep. Louie Gohmert (R-Texas):

"Number one, I was surprised it happened so quickly and number two, I was surprised it took so long to happen quickly...There’s been two years, anyone who wasn’t deaf and blind in Austin knows that he had eight quality people, including a really valiant Texas Ranger saying ‘this guy is corrupt.'"

• Texas Democratic Party Chairman Gilberto Hinojosa:

"Ken Paxton is a liar, a fraud, and now, as nonpartisan and Republican-led investigations have found, a criminal caught red-handed multiple times during his tenure as Attorney General. This crook should have gone to jail years ago. Texans demand and deserve accountability. While we fully support the Texas House voting to impeach Ken Paxton – we think it would be better for all Texans if he saved legislators the trouble, and taxpayer money, and just resigned on his own accord."

Impeachments in Texas

See also: Impeachments in Texas

Paxton was the second statewide official, and the third overall, to be impeached in Texas history. Click here for more information about impeachments in Texas.

Noteworthy events before impeachment

Top aide resigns and accusations of bribery and abuse of office (2020)

On October 5, 2020, The Washington Post reported that Jeffrey Mateer, Paxton's first assistant, resigned. Mateer and six other aides submitted a letter to Human Resources Director Greg Simpson alleging that Paxton had been, "violating federal and/or state law, including prohibitions relating to improper influence, abuse of office, bribery, and other potential criminal offenses." According to the Houston Chronicle, the aides accused Paxton of launching an investigation into the FBI and U.S. Department of Treasury agents who raided the home and business office of Nate Paul in 2019. Paul donated to Paxton's 2018 campaign.

In a statement to the Austin American-Statesman, Paxton's office said, "The complaint filed against Attorney General Paxton was done to impede an ongoing investigation into criminal wrongdoing by public officials including employees of this office...Making false claims is a very serious matter and we plan to investigate this to the fullest extent of the law."

On October 13, 2020, the Houston Chronicle reported that Mark Penley was put on leave and on November 2, 2020, The Texas Tribune reported that he was fired. The Houston Chronicle also reported on October 22, 2020, that Paxton's office fired two top aides, Blake Brickman and Lacey Mase. Penley, Brickman, and Mase were three of the seven aides to make accusations against Paxton. According to The Texas Tribune, Mase said, "It was not voluntary." Ian Prior, a spokesperson for Paxton’s campaign, said, "Any suggestion that this has to do with the whistleblower claims is false and demonstrates an unfamiliarity with the facts...There are a number of reasons for these separations that we cannot discuss at this time."

On October 25, 2020, Ryan Vassar was put on leave and Darren McCarty submitted his resignation, effective the first week of November 2020. Both were top aides who had made accusations against Paxton.

Ryan Bangert, the seventh aide to accuse Paxton, resigned on October 28, 2020. The Marshall News Messenger reported that Bangert said, "It has been my honor and privilege to serve alongside the men and women of the Office of the Attorney General."

On November 17, 2020, the Attorney General's Office fired Ryan Vassar.

On February 10, 2023, Paxton and four former top aides reached a settlement in a lawsuit alleging that Paxton improperly fired them. The Texas Tribune's James Barragán wrote, "The tentative agreement would pay $3.3 million to the four whistleblowers and keep in place an appeals court ruling that allowed the case to move forward. The settlement, once finalized, also will include a statement from Paxton saying he “accepts that plaintiffs acted in a manner that they thought was right and apologizes for referring to them as ‘rogue employees.’” Barragán also wrote that "The settlement...is contingent on the approval of funding", which the state of Texas pay for.

Felony securities fraud indictment

Click here to read more on the securities fraud charges against Attorney General Ken Paxton.

State charges

A grand jury indicted Paxton for felony securities fraud on July 31, 2015. The charges included two counts of first-degree securities fraud in connection with the sale of more than $100,000 or more of Servergy Inc. stock to two investors, along with a lesser charge of not registering. Paxton turned himself in on August 3, 2015, and was booked and released. Paxton said the charges against him were politically motivated and appealed the judge's ruling.

At his first court appearance on the three securities fraud charges on August 27, 2015, Paxton formally pleaded not guilty. After Paxton entered his plea, District Judge George Gallagher granted a motion that Paxton's attorney, Joe Kendall, made to withdraw from the case. On September 10, 2015, Paxton announced he had hired new legal counsel. Paxton's defense team moved to have the charges dismissed on December 1, 2015. Prosecutors sought to amend the indictments. Judge Chris Oldner said he would issue written rulings on those motions.

In July 2016, a state appeals court denied Paxton's motion to reconsider a previous ruling that upheld criminal charges against him. In August 2016, Paxton appealed to the Texas Court of Criminal Appeals, the state's court of last resort for all criminal matters in the state.

Following a prosecutor's motion, Judge Gallagher ordered the case moved to Harris County Court on April 12, 2017, setting a tentative trial date for September 12, 2017. In turn, Paxton issued legal challenges seeking Judge Gallagher's removal from the case. The 5th Court of Appeals ruled on May 30, 2017, that in moving the case to Harris County, Judge Gallagher had also lost his authority to try the case since it was out of his jurisdiction. Although the court ordered Judge Gallagher to cancel all upcoming proceedings, including the September 12 trial, it did not directly remove him from the case. As a result of the ruling, Judge Gallagher ordered the transfer of the case to Harris County on June 9, 2017. On June 13, 2017, Judge Robert Johnson was randomly selected to preside over the case. An initial trial on one of the three charges was scheduled for December 11, 2017, but was later delayed indefinitely.

On October 4, 2017, Judge Johnson agreed to further delay the trial at the prosecutors' request, citing disruptions that Hurricane Harvey caused and the unresolved dispute over the prosecutors' pay.

Paxton's trial remained delayed through 2018 and 2019. In July 2019, Paxton's attorneys requested to move the case back to Collin County from Harris County. On June 25, Judge Robert Johnson granted the request, ruling that the trial would take place in Collin County.

On May 27, 2021, a three-judge panel of the Texas First District Court of Appeals voted 2-1 to uphold Johnson's order, setting the stage for Paxton's trial to take place in Collin County.

Federal securities charges dismissed

The U.S. Securities and Exchange Commission (SEC) filed civil securities fraud charges against Paxton in April 2016 in the United States District Court for the Eastern District of Texas. A U.S. district court judge dismissed these charges in March 2017.

The March 2017 permanent dismissal of the charges followed from a conditional dismissal of the charges in October 2016. Judge Amos Mazzant issued his conditional dismissal on Friday, October 7. Mazzant gave SEC prosecutors 14 days to amend their allegations. On October 21, the SEC filed an amended complaint.

The SEC alleged Paxton misled five investors in Servergy Inc. by not disclosing to them that he received compensation from sales in the form of shares of company stock. Paxton told the SEC that the shares were meant as a gift from the company's founder rather than as compensation.

In his 29-page ruling conditionally dismissing the SEC's charges, federal Judge Amos Mazzant wrote, "This case is not about whether Paxton had a moral obligation to disclose his financial arrangement with Servergy to potential investors. This case is also not about whether Paxton had some general obligation to disclose his financial arrangement to his investor group. The only issue before the Court is to determine whether the facts as pleaded give rise to a plausible claim under federal securities laws."

In Mazzant's final dismissal of the case in March 2017, he wrote, "This case has not changed since the Court conditionally dismissed the Commission’s Original Complaint. The primary deficiency was, and remains, that Paxton had no plausible legal duty to disclose his compensation arrangement with investors."

After the federal court dismissed the SEC charges, Paxton said, "I have maintained all along this whole saga is a political witch hunt. Today’s ruling to dismiss the charges with prejudice confirms that these charges were baseless when the SEC initially brought them and they were without merit when the SEC re-filed them. Someone needs to hold the SEC accountable for this travesty."

See also

• Texas Constitution
• Impeachments in Texas
• Gubernatorial impeachment procedures
• Impeachment of federal officials

External links

Suggest a link

• Texas House of Representatives Committee on General Investigating
• Texas Constitution
• Texas Statutes