Ken Paxton, key supporter file separate challenges to upcoming impeachment trial
AUSTIN (CBSNewsTexas.com) — Suspended Attorney General Ken Paxton and a conservative activist who supports him have filed separate challenges to the upcoming impeachment trial in the Texas Senate.
Paxton's legal team wants to disqualify three Democratic senators from playing an active role on the jury.
His team filed a motion late last week saying that senators Nathan Johnson of Dallas, Jose Menendez of San Antonio, and Roland Gutierrez of San Antonio made public statements against Paxton before he was impeached or afterwards.
The attorney general's lawyers say these three senators won't be impartial as the Texas Constitution requires. But attorneys for the House impeachment managers disagree and filed a motion opposing this.
Paxton's wife, Senator Angela Paxton of McKinney, won't be allowed to vote whether to remove her husband from office.
Attorney David Coale, who's not part of the impeachment case, told CBS News Texas that Senator Paxton has a conflict of interest in the case that's very different than the allegations of bias against the Democrats. "It's the distinction between bias, which is perhaps having an opinion about matters, [that] will be discussed in the court. And the conflict of interest is a direct personal stake in the outcome of the case. Angela Paxton has a conflict that's a different issue."
Coale said he doesn't believe Lieutenant Governor Dan Patrick, who will preside over the impeachment trial, will disqualify the three Democratic senators.
Also last week, a conservative activist who supports the Paxtons filed a lawsuit against the Texas Senate and the lieutenant governor over the rules of the impeachment trial.
Dr. Steven Hotze of Houston filed the lawsuit saying the Senate's rules violate the Texas Constitution.
It claims that the gag order issued by the lieutenant governor violates freedom of speech.
The gag order doesn't allow senators (who are the jurors), the attorney general or his lawyers, the House impeachment managers or their attorneys, or potential witnesses to make public statements about the case.
The lawsuit also says the rule to disqualify Senator Paxton from taking a role on the jury is unconstitutional.
Coale said it's unlikely this lawsuit will go anywhere. "I think there's a serious argument that says this is not a judicial matter. This is not something the courts have jurisdiction over. The Constitution puts the responsibility to conduct an impeachment squarely on the House and Senate, doing exactly what they'd been doing for the last several weeks."
He said impeachment is a purely political process and predicts a judge will dismiss the lawsuit.
Paxton faces 20 articles of impeachment when the trial begins Sept. 5. He has repeatedly denied any wrongdoing.
Two-thirds of senators are needed to convict Paxton.
As of now, Coale doesn't think the start of the trial will be delayed. That's in part because he doesn't believe the courts will get involved in the case and will just let the legislature handle it as mentioned in the Texas Constitution.
