Texas' Attorney General Ken Paxton is due to face a historic impeachment hearing over a number of allegations ranging from bribery to having an extramarital affair.
On Tuesday, Texas senators will hear evidence and ultimately vote on whether to remove the embattled Republican from office.
In May, the GOP-led Texas House of Representatives voted to make Paxton only the third official in Texas history to be impeached in nearly 200 years, with the lawmakers backing the motion in a 121-23 vote. As of May 2023, the House consisted of 85 Republicans to 64 Democrats, with one seat vacant—not all of the representatives took part in the vote.
The range of allegations against Paxton in the 20 articles of impeachment filed against him include corruption, misusing official information, abusing his official capacity, and retaliation. Paxton was immediately suspended from office following the House vote to impeach him in May.
Paxton is accused of using his power to intervene in an investigation into real estate investor Nate Paul and then firing four deputies who reported alleged bribes Paxton received from Paul. Paxton is also accused of having attempted to land a job for a woman he was having an affair with. Paxton has long denied the allegations against him.
Newsweek has compiled five things to watch out for in the proceedings.
Details of Paxton's Alleged Affair
The extent to which Paxton attempted to hide an affair he has been accused of having from both his wife and voters will likely form a major part in the impeachment trial.
Among the 4,000 pages of evidence that were released by House impeachment managers is the accusation he used a burner phone and set up secret email addresses in order to keep the affair hidden.
Paul is also said to have given the woman Paxton with whom was having the alleged affair a job at his business in Austin so she could move to the Texas city and be closer to the attorney general.
State Sen. Angela Paxton's Reaction
Paxton's wife, state Sen. Angela Paxton will sit on the court of impeachments during the proceedings, but is not allowed to vote on the impeachment or take part in any closed sessions or deliberations
Will Any Republicans Vote To Impeach?
The Texas Constitution requires that there be a two-thirds majority vote of senators—21 of the 31 in the chamber—to convict Paxton.
Republicans hold a 19-12 majority in the Texas Senate, meaning all 12 Democrats and at least nine GOP state senators would have to support impeaching the attorney general to trigger his removal from office.
The highly political hearing could cause huge turmoil within the Republican Party if a sizable number of GOP lawmakers in Texas vote to remove the attorney general from office following the proceedings.
The Senate could also vote by a simple majority to dismiss the charges against Paxton on Tuesday.
Paxton faces 16 articles of impeachment: Seven over alleged disregard of official duty, two of constitutional bribery, as well as dereliction of duty, misapplication of public resources, misappropriation of public resources, false statements in official records, conspiracy and attempted conspiracy, abuse of public trust, and unfitness for office.
A further four impeachment articles are being held in abeyance as they are connected to allegations that stemmed from 2015 criminal charges against Paxton.
These four articles can be dismissed by a majority vote at the end of the impeachment hearings. If the motion to reject them is denied by the senators, a new trial date for those four accusations will take place.
Will Paxton Testify?
Texas House prosecutors have sought to force Paxton to testify in the case, and have included his name in a list of potential names who could be called to take the stand, according to confidential witness lists obtained by The Dallas Morning News.
However, Paxton's attorneys have said he will not testify and have filed a motion to prevent him from being forced to do so. In criminal proceedings, defendants cannot be made to testify in the case against them, which Paxton's lawyers argue is the case here.
The House impeachment managers argued that if Paxton wants to use his constitutional Fifth Amendment right not to testify against himself, he must do so from the stand.
What Happens After the Vote?
At the end of the trial, the Texas senators will vote on whether to dismiss or sustain each impeachment.
All 30 senators, minus state Sen. Paxton, will vote separately on each article after taking part in deliberations. The senators must answer the question: "Shall this article of impeachment be sustained?" for each article against Paxton, with how each senator voted read out by a court clerk.
While their reasoning for how they voted will not be discussed in the court, each will have three days to submit a written explanation of their votes for publication in the Senate Journal.
If Paxton is cleared of all allegations, he will immediately return to office.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, domestic policy ... Read more
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