AUSTIN, Texas — The historic impeachment of Texas Attorney General Ken Paxton plunged Republicans on Sunday into a fight over whether to banish one of their own in America's biggest red state after years of scandal and criminal accusations that will now be at the center of a trial in the state Senate.
Paxton said he has “full confidence” as he awaits judgement from the Senate, where his conservative allies include his wife, state Sen. Angela Paxton, who has not said whether she will recuse herself from the proceedings to determine whether her husband will be permanently removed from office.
For now, Texas' three-term attorney general is immediately suspended after the state House of Representatives on Saturday impeached Paxton on 20 articles that included bribery and abuse of public trust.
Impeachment trial in the Senate
Impeachment in Texas is similar to the process on the federal level: After the House action, the Senate holds its trial.
It is yet to be scheduled.
The House needed just a simple majority of its 149 members to impeach Paxton, and the final 121-23 vote was a landslide. But the threshold for conviction in the Senate trial is higher, requiring a two-thirds majority of its 31 members.
If that happens, Paxton would be permanently barred from holding office in Texas. Anything less means Paxton is acquitted and can resume his third term as attorney general.
Paxton bitterly criticized the chamber's investigation as “corrupt,” secret and conducted so quickly that he and his lawyers were not allowed to mount a defense. He also called Republican House Speaker Dade a “liberal.”
The Senate is led by Lt. Gov. Dan Patrick. Like Paxton, he is a Republican who has closely allied himself with Trump, and he has driven Texas' right-wing political and policy push for the last decade. Patrick has yet to comment on the impeachment or the House's allegations.
The Senate will set its own trial rules, including whether to take witness testimony and what reports and documents to consider. It could also consider whether to excuse Angela Paxton from voting due to conflict of interest.
The impeachment charges include bribery related to one of Paxton’s donors, Austin real estate developer Nate Paul, allegedly employing the woman with whom he had the affair in exchange for legal help.
State law requires all senators to be present for an impeachment trial.
KHOU 11 Political analyst Bob Stein weighs in
Can Paxton appeal the vote? What about future political office if the Senate convicts Paxton? Here's what Bob Stein had to say.
Saturday's historic impeachment vote
The decisive 121-23 vote amounted to a clear rebuke from the GOP-controlled chamber after nearly a decade of Republican lawmakers taking a mostly muted stance on Paxton's alleged misdeeds, which include felony securities fraud charges from 2015 and an ongoing FBI investigation into corruption accusations.
He is just the third sitting official in Texas' nearly 200-year history to have been impeached.
"No one person should be above the law, least not the top law officer of the state of Texas,” said Republican state Rep. David Spiller, who was part of a House investigative committee that this week revealed it had quietly been looking into Paxton for months.
Republican Texas Gov. Greg Abbott has remained silent about Paxton all week , including after Saturday's impeachment. Abbott, who was the state's attorney general prior to Paxton's taking the job in 2015, has the power to appoint a temporary replacement pending the outcome in the Senate trial.
It is not year clear when the Senate trial will take place. Final removal of Paxton would require a two-thirds vote in the Senate, where Republican members are generally aligned with the party's hard right. The Senate is led by Lt. Gov. Dan Patrick, who has served as state chairman for former President Donald Trump's campaigns in Texas.
Before the vote Saturday, Trump and U.S. Sen. Ted Cruz came to Paxton’s defense, with the senator calling the impeachment process “a travesty” and saying the attorney general’s legal troubles should be left to the courts.
“Free Ken Paxton,” Trump wrote on his social media platform Truth Social, warning that if House Republicans proceeded with the impeachment, “I will fight you.”
Paxton, 60, decried the outcome in the House moments after scores of his fellow partisans voted for impeachment. His office pointed to internal reports that found no wrongdoing.
“The ugly spectacle in the Texas House today confirmed the outrageous impeachment plot against me was never meant to be fair or just,” Paxton said. "It was a politically motivated sham from the beginning.”
Lawmakers allied with Paxton tried to discredit the investigation by noting that hired investigators, not panel members, interviewed witnesses. They also said several of the investigators had voted in Democratic primaries, tainting the impeachment, and that Republican legislators had too little time to review evidence.
“I perceive it could be political weaponization,” Rep. Tony Tinderholt, one of the House’s most conservative members, said before the vote. Republican Rep. John Smithee compared the proceeding to "a Saturday mob out for an afternoon lynching.”
Rice University political science professor Mark P. Jones said the swift move to impeach kept Paxton from rallying significant support and allowed quietly frustrated Republicans to come together.
“If you ask most Republicans privately, they feel Paxton is an embarrassment. But most were too afraid of the base to oppose him,” Jones said. By voting as a large bloc, he added, the lawmakers gained political cover.
To Paxton’s longstanding detractors, however, the rebuke was years overdue.
In 2014, he admitted to violating Texas securities law, and a year later was indicted on securities fraud charges in his hometown near Dallas, accused of defrauding investors in a tech startup. He pleaded not guilty to two felony counts carrying a potential sentence of five to 99 years.
He opened a legal defense fund and accepted $100,000 from an executive whose company was under investigation by Paxton’s office for Medicaid fraud. An additional $50,000 was donated by an Arizona retiree whose son Paxton later hired to a high-ranking job but soon was fired after displaying child pornography in a meeting. In 2020, Paxton intervened in a Colorado mountain community where a Texas donor and college classmate faced removal from his lakeside home under coronavirus orders.
But what ultimately unleased the impeachment push was Paxton's relationship with Austin real estate developer Nate Paul.
In 2020, eight top aides told the FBI they were concerned Paxton was misusing his office to help Paul over the developer's unproven claims about an elaborate conspiracy to steal $200 million of his properties. The FBI searched Paul’s home in 2019, but he has not been charged and denies wrongdoing. Paxton also told staff members he had an affair with a woman who, it later emerged, worked for Paul.
These are the 20 articles of impeachment filed against Ken Paxton
The impeachment accuses Paxton of attempting to interfere in foreclosure lawsuits and issuing legal opinions to benefit Paul. The bribery charges included in the impeachment allege Paul employed the woman with whom Paxton had an affair in exchange for legal help and that he paid for expensive renovations to the attorney general's home. A senior lawyer for Paxton’s office, Chris Hilton, said Friday that the attorney general paid for all repairs and renovations.
Other charges, including lying to investigators, date back to Paxton’s still-pending securities fraud indictment.
Four aides who reported Paxton to the FBI later sued under Texas’ whistleblower law, and in February he agreed to settle the case for $3.3 million. The House committee said the probe was sparked by Paxton seeking legislative approval for the payout.
“But for Paxton’s own request for a taxpayer-funded settlement over his wrongful conduct, Paxton would not be facing impeachment,” the panel said.