Impeachment trial of Ken Paxton: Day 8 takeaways
AUSTIN (CBSNewsTexas.com) — Day eight of Texas Attorney General Ken Paxton's impeachment trial was relatively quiet and drama free compared to Wednesday's twists and turns.
But for the first time, senators heard from witnesses brought forth by Paxton's defense team to challenge the articles of impeachment. After questioning four witnesses, the defense rested their case. Closing arguments begin Friday at 9 a.m.
Here are our takeaways from Thursday:
Defense brings out witnesses to dispute articles of impeachment
The defense questioned witnesses specifically about several of the articles of impeachment the attorney general is facing.
The attorney general office's HR director, Henry De La Garza, was questioned about the firing of whistleblowers. He said it was not retaliatory.
De La Garza testified that there were several reasons to fire the deputies who were terminated, and that some had "insubordinate tone and demeanor."
He also said those fired were high-level policy makers and therefore were not protected by the whistleblower act.
"They required more than simple ministerial competence, they created or implemented agency goals or policy, they controlled or exercised a role in the decision-making process as to the goals and general operating procedures of the agency...they all had access to confidential documents or other materials that embody policy-making deliberations and determinations," De La Garza said.
During cross-examination, House impeachment manager lawyer Daniel Dutko laid out a timeline:
"October 20th, so 20 days after going to the FBI, 19 days after whistleblowers notify of the fact that they went to the FBI, Blake Brickman was fired, right?"
"Yes," De La Garza answered.
"Lacy Mase was fired?"
"Yes."
"November 2nd, a month after going to the FBI, David Maxwell was fired?"
"Yes."
"November 2nd, a month after going to the FBI, Mark Penley was fired?"
"Yes."
"November 17th, six weeks after going to the FBI, Ryan Vassar is fired?"
"Yes."
"Have you ever heard of the expression, 'There's no coincidences in Austin?'" Dutko asked, referencing a line used by Paxton defense lawyer Tony Buzbee earlier in the impeachment trial.
Another witness, Austin Kinghorn, associate deputy general for legal counsel at the attorney general's office, was asked specifically about about Article IV, which states that Paxton "improperly obtained access to information held by his office."
Kinghorn testified that an attorney general should have access to any access in his office: "His name's on the wall. It's his agency."
Whose interests do OAG employees have an obligation to protect?
During cross-examination, Kinghorn was pressed on who he serves in his position at the attorney general's office. He stated he serves the people of Texas and the attorney general.
"If you had to choose between the State of Texas' interests and the attorney general's interests, whose do you chose?" Erin Epley, House impeachment manager lawyer asked.
Kinghorn replied, "I do not see them in conflict."
House withdraws motion to combine removal and disqualification votes
Wednesday morning, House impeachment managers requested a change to the Senate's trial rules. They wanted to make it so that if Paxton is convicted, he would be automatically disqualified from serving office in Texas ever again.
Thursday afternoon, Lieutenant Governor Dan Patrick announced that the motion had been withdrawn. The rule requiring a separate vote to bar Paxton from office is staying in place.
