Attorney General Ken Paxton ordered to sit for deposition in whistleblower lawsuit
Blake Brickman, one of four whistleblowers who filed a lawsuit against the Attorney General's Office for being wrongfully fired, isn't impressed with Ken Paxton's latest filing in the case, which says his office will no longer contest the allegations against him.
"It's remarkable, a complete 180 he's done."
In the same court filing Thursday his office wouldn't admit to any guilt.
"There should be no doubt, however, that nothing stated herein should be construed as an admission that the OAG, its employees, or the Attorney General violated any State or federal law."
Brickman said, "He cannot stop his deposition in this case, and what he's doing is saying I'm going to concede the facts. I'm going to allow a judgment to be entered. But I didn't break the law. Our entire case is about whether he broke the whistleblower law or not, so he can't have his cake and eat it too."
Despite Paxton's filing, the judge in the case ordered him Friday to sit for his deposition under oath on February 1 in Austin.
Other top staffers of his have been ordered to sit for a deposition days later.
The case is related to Paxton's impeachment trial last year, where the Texas Senate acquitted him on all impeachment articles that accused him of running the office to benefit Nate Paul, a campaign donor.
He denied any wrongdoing.
On the campaign trail for some Republican candidates, Paxton is still criticizing the Texas House for impeaching him.
On Tuesday in Rockwall he said, "They didn't let me know about it, no due process, I was not given the opportunity to respond even after we knew, we tried."
But Paxton chose not to testify in his impeachment trial and didn't answer questions from state lawmakers about the case during budget hearings in the House early last year.
The Attorney General is still reportedly under federal investigation.
David Coale, an appellate attorney in Dallas not involved in the case, explained why Paxton wouldn't want to be deposed.
"If he has to give a deposition, it has unusual significance. It's not just another bit of testimony in a civil lawsuit. It's sworn testimony that he can be prosecuted of committing perjury or that can be used as evidence against him in the criminal cases, and he clearly doesn't want to do that. He doesn't want to increase his risk in the criminal cases."
Because of this, Coale said he expects the Attorney General will again ask a state appeals court or the Texas Supreme Court to keep him from being deposed under oath.
"The argument that the case is over, there's no need for discovery if the case is really over, is a pretty good argument. But that's the issue. Is it? Defendants can't just wave a wand and make lawsuits go away and him saying there's no reason for you to take my deposition anymore doesn't make it so."
In a news release Thursday, Paxton criticized the whistleblowers.
"I will not allow my office to be distracted by these disgruntled former employees and their self-serving side-show. It has become increasingly clear their objective is not to resolve an employment lawsuit but to sabotage my leadership and this agency."
Brickman responded, "I think that's totally bogus."
He said he and his fellow whistleblowers, who were all once hired by Paxton, won't give up.
"All the whistleblowers want is the truth to come out."
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