Texas Senate rejects all motions to dismiss charges in day 1 of Ken Paxton impeachment trial
AUSTIN (CBSNewsTexas.com) – Texas Attorney General Ken Paxton is only the third Texas official, and second statewide, to be impeached.
Tuesday morning, Ken Paxton was with his attorneys in the senate chamber just after 8:30. He hugged his wife and waved to people in the gallery who applauded him.
Then, each senator was sworn in one by one using the Sam Houston bible, typically brought out only for inauguration day festivities.
After that, the motion by Paxton's lawyers to dismiss the charges was denied 24 to 6. Senators Kolkhorst, Bettencourt, Creighton, Parker, Hall and Campbell voted to dismiss.
A separate motion to dismiss the articles of impeachment was denied 22 to 8. A motion to exclude evidence was also denied 22 to 8.
Of the 16 most serious articles of impeachment, it takes a two-thirds majority of the senators or 21 votes.
If Paxton is found guilty, he loses his job automatically, and possibly may never again run for public office in Texas.
If he's found not guilty on all articles of impeachment, Paxton would get his job back.
Paxton sat with his defense team in the morning as articles were read and his lawyer, Tony Buzbee said Paxton pleaded not guilty; however, he did not return after the break for opening statements.
Each side had 60 minutes for opening statements.
The House impeachment managers used just 17 minutes of their hour, which will allow them more time to question witnesses, who they say are the ones we really need to hear from. One of the House managers involved in the case against Paxton, state representative Andrew Murr, said Paxton used his elected office for his own benefit and failed to protect the state.
"Impeachment was included in the Constitution after the founding fathers debated and rejected the idea that elections could singularly protect the public against abusive officeholders," Murr said. "In other words, drafters agreed that impeachment was and is necessary."
Paxton's attorneys used almost the full hour, with Buzbee calling the charges against Paxton untrue or incorrect and an attack on democracy.
"We are living on the wet end of democracy right now," said Dan Cogdel an attorney for Paxton. "Is it up to the voters or politicians to see who stays in office? Your decision is much bigger than Ken Paxton. Your decision is literally about democracy in this state."
It is still unknown if Paxton will testify. He cannot be forced to testify.
Twenty-four hours are allotted to present evidence, which could take up to two weeks.
The first witness to take the stand was Jeff Mateer. From 2016 to 2020, he served as First Assistant Attorney General of Texas.
Patrick adjourned court about an hour early in order for both sides to prepare exhibits and to discuss the issue of "privilege."
How did we get here? Catch up on everything you need to know here.
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