Day 4 of Paxton's impeachment trial continues with cross-examination of David Maxwell

Impeachment trial of AG Ken Paxton abruptly goes into a break

UPDATE 4:30 P.M.: The trial has adjourned until Monday at 9 a.m.

UPDATE 4:28 P.M.: The fourth witness has been excused.

UPDATE 3:03 P.M.: Paxton's defense lawyer Dan Cogdell asks Maxwell if he expressed concern about investigating Paul because he thought he was a criminal. "My language was much stronger than that," Maxwell answers.

UPDATE 1:31 P.M.: A fourth whistleblower is now on the stand. Maxwell says he told Paxton that Paul was a criminal and warned the attorney general that his relationship with him would get him indicted.  

UPDATE 1 P.M.: Trial has resumed with David Maxwell on the stand.

Maxwell is another whistleblower. He previously served as director of law enforcement for the attorney general's office and is a former Texas Ranger.

During his testimony, Maxwell explained that he was asked to meet with Paul, who wanted the FBI and other law enforcement agencies investigated in relation to search warrants that had been executed on his business and home.

Over the course of three meetings, Maxwell said Paul and his attorney laid out what he considered to be conspiracy theories about what happened the night the search warrant was executed. Maxwell called Paul's claims "ludicrous."

During the third meeting, Maxwell said Paxton grew angry when he told him the office would not be conducting an investigation on behalf of Paul. He said at one point during that meeting, Paxton threatened to fire him.

"I told him that all you're doing is using the power and prestige of this office for your own purpose and I'm not going to allow that," Maxwell said.

Earlier in his testimony, Maxwell explained there is a high threshold for investigating public officials to prevent the power of the attorney general's office from being used for strictly political matters.

UPDATE 12 P.M.: The trial is on a lunch break until 1 p.m.

UPDATE 11:45 A.M.: Rusty Hardin brings up the issue yesterday of whether Vassar had evidence when he went to the FBI. Yesterday, Vassar said he didn't. 

Hardin gives him an opportunity to clarify those comments. The back and forth goes on a few minutes, but Vassar says he believed his experiences that he relayed to the FBI was evidence and that he believed he was a witness to criminal activity.

UPDATE 10:50 A.M.: During testimony Thursday, Bangert testified that in 2020, when the attorney general's office was dealing with big issues such as the COVID-19 pandemic and a multi-state Google lawsuit, Paxton directed the office to help Nate Paul on several occasions.

On Friday morning, Little pushed back against the whistleblowers saying they were concerned about resources being used on issues involving Paul.

"Did Nate Paul have such a stranglehold on the office that other things weren't getting done?" he asked Vassar.

He instructed Vassar to answer yes or no, to which the witness replied: "I don't think I can answer yes or no to that question."

UPDATE 10:13 A.M.: Trial has resumed with cross-examination of Vassar.

UPDATE 9:28 A.M.: Trial is on a 30 minute break. Less than 30 minutes into Friday's session, a break was abruptly called. This happened moments after Democratic Sen. Borris Miles approached Lt. Gov. Dan Patrick, whispered something in his ear, and then exited the Senate chamber.

UPDATE 9:15 A.M.: Cross-examination of former Deputy AG Ryan Vassar continued Friday morning. 

During cross-examination Friday, Little brought up how emotional Vassar became the day before when discussing being called a "rogue employee" by the attorney general.

While questioning Vassar about a group thread between the whistleblowers, Little detailed messages in which Vassar was making jokes about new attorneys hired at the attorney general's office. In one message, he sent a link to a coloring book, saying those new lawyers might need "activities to keep them entertained."

Little said the coloring book in question was 'Going Rouge: The Sarah Palin Rogue Coloring & Activity Book'. When asked if this was a reference to being called a rogue employee by Paxton, Vassar confirmed it was.

AUSTIN (CBSNewsTexas.com/AP) – Day four of the impeachment trial of Attorney General Ken Paxton is underway.

The historic impeachment trial that could remove Paxton from office began with testimony about an extramarital affair and the Republican's former top aides testifying they felt compelled to report him to the FBI.

State Sen. Angela Paxton, R-McKinney, center, and other state senators, pray during the impeachment trial for Texas Attorney General Ken Paxton, her husband. Juan Figueroa / AP

Paxton, who is accused of bribery and abuse of office, skipped all of the early testimony. His wife, state Sen. Angela Paxton, sat and listened to it all.

On day three of the impeachment trial, the Senate heard from a third witness and there was an emotional moment for one of them.

Over the three days of the impeachment trial, Paxton's defense has repeatedly asked why the whistleblowers brought their concerns about the attorney general's relationship with Paul to the FBI instead of talking directly to him. 

The trial could last several weeks.

The list of potential witnesses is more than 100 names long but it's unclear how many will be called to testify. The list includes the woman with whom Paxton had an affair; former state Land Commissioner George P. Bush, a nephew of former President George W. Bush who previously ran against Paxton; and Paul. It is unclear, however, whether any of them will be called.

Much of the key testimony to come is likely from former staff inside Paxton's office, including the whistleblowers who took their concerns to federal criminal investigators.

Paxton is just the third state official to be impeached in Texas' nearly 200-year history, and the first statewide officeholder since former Gov. James "Pa" Ferguson in 1917, who resigned the day before he was convicted.

Stream the trial live in the player above or on our YouTube channel starting at 9 a.m.

Impeachment trial of Ken Paxton: Day 3 takeaways

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