Ken Paxton impeachment trial: Day 7 takeaways
AUSTIN (CBSNewsTexas.com) - The seventh day of the impeachment trial of Texas Attorney General Ken Paxton was marked by twists, turns and long delays.
When it was all done, senators heard from three witnesses and the House impeachment managers rested the prosecution's case.
But some of Wednesday's key takeaways involve things that didn't happen:
Alleged mistress almost takes witness stand, then doesn't
The day started off with a major announcement: the House impeachment managers called Laura Olson, Paxton's alleged mistress, to the stand. But almost as soon as she'd been called, it was announced she wasn't eligible to be called yet.
House impeachment managers announced plans to call her at around 4 p.m. Tuesday, meaning she couldn't take the witness stand until around 4 p.m. Wednesday.
Hours later, Lt. Gov. Patrick called a break to "conduct a hearing outside of the presence of the jury." When he returned nearly an hour later, he made a shocking announcement: Olson, while present, had been "deemed unavailable to testify."
He didn't further clarify, except to say that both the House managers and Paxton's defense team had agreed to that statement in writing.
According to Texas court rules, a declarant can be considered unavailable as a witness in a few different instances, including:
- If the court rules a privilege applies
- If the person refuses to testify about the subject matter despite a court order to do so
- If the person testifies to not remembering the subject matter
Appellate attorney David Coale of Dallas tells CBS News Texas that Olson may have refused to testify and taken the 5th.
Defense files motion to toss trial, then withdraws it
Shortly after Patrick's surprising announcement about Olson, there was another surprise. House impeachment manager attorney Rusty Hardin finished direct questioning whistleblower Blake Brickman and accidentally rested the case without allowing the defense a chance to cross-examine Brickman.
When Hardin tried to correct this and allow for cross-examination, Paxton's defense team accepted the rest and reserved the right to recall Brickman later.
Immediately following this exchange, Defense lawyer Tony Buzbee announced the defense team had filed two motions for a directed verdict, which would essentially toss the case due to lack of evidence.
To be approved, motions need to be approved by a majority, or 16, of the eligible senators. All senators are eligible to serve as jurors except for Sen. Angela Paxton, the attorney general's wife.
Lt. Gov. Dan Patrick called all eligible jurors into a meeting shortly after this. When they came back, Patrick announced the defense had withdrawn both motions.
Constitutional bribery claims challenged
Wednesday afternoon, Paxton's defense attorney specifically pushed back against Impeachment Article X, which alleges constitutional bribery, claiming Nate Paul provided renovations to Paxton's home in exchange for legal assistance from and access to the attorney general's office.
While questioning Andrew Wicker, Paxton's former personal assistant, Buzbee presented before and after pictures of the kitchen in Paxton's Austin home. Wicker said they looked the same in 2020 and 2023, as though no work had been done on the cabinets and countertops.
Wicker previously testified that he overheard conversations between Paxton and the lead contractor doing the repairs and renovations on Paxton's home that made him uncomfortable. He said he got the impression Paul was paying for the renovations, specifically $20,000 worth of new kitchen cabinets and countertops.
During the prosecution's redirect questioning, an attorney for the House pushed back on the suggestion that the unchanged countertops and cabinets prove constitutional bribery had not been committed.
"Is it fair to say if you knew people were looking into your countertops and your cabinets, you might choose at that point not to get them upgraded?"
Wicker responded with a "yes" as the defense objected. Lt. Gov. Dan Patrick sustained that objection.
Wicker also testified that he heard the phrase "I'll have to check with Nate" three times during one conversation.
Wicker said he's not accusing Paxton of bribery. He just wants to know the truth.
"You don't have any actual knowledge that Nate Paul ever did anything for General
Paxton other than buy a lunch, isn't that right?" Buzbee asked.
Wicker replied, "That is correct."
Change of trial rules?
House impeachment managers introduced an amendment to the Senate's impeachment rules Wednesday morning. They want to make it so that if senators vote to convict Paxton on any of the charges he's facing, he'll be automatically prevented from serving in office in Texas again. Currently, a separate vote would be needed to decide that.
Senators will vote on the motion at 11:30 a.m. Thursday.