Outcome of Paxton's impeachment trial could impact state's securities fraud case
NORTH TEXAS (CBSNewsTexas.com) - Attorneys for Texas Attorney General Ken Paxton said Thursday that the outcome of his upcoming impeachment trial could impact how he handles the state's securities fraud charges filed against him.
Harris County Judge Andrea Beall wouldn't set a trial date on the state charges for the impeached Attorney General until after his impeachment trial is over.
The impeachment trial in the Texas Senate is set to begin September 5.
If he's convicted, he will be removed from his job.
"Logically, if he's impeached in the Senate, he would have greater motivation to resolve this case on whatever basis because his political career one would think would be dead," Paxton's attorney Dan Cogdell said.
Paxton, who remains suspended, didn't say anything to the judge in court but has previously denied wrongdoing in the impeachment and state cases against him.
He was able to enter and leave the courtroom through an inside door, allowing him to avoid reporters.
Paxton faces two first-degree felonies for securities fraud and a third-degree felony for failing to register with state regulators - allegations from before he was elected Attorney General.
The case began in 2015 in Collin County, where Paxton is from, and has been delayed for years on a variety of appeals and is now staying in Harris County.
"No one is above the law and that while the wheels of justice may have moved at a glacial pace, we're about to pick up speed," said Brian Wice, one of the special prosecutors in the case.
Still to be resolved, is back pay for the special prosecutors.
Wice blamed the Collin County Commissioners Court, which is responsible for funding the special prosecutors, on this unresolved issue.
"Make no mistake, one of the reasons for the eight-year delay is that they were incredibly clever and Machiavellian about knowing the only way they could derail this prosecution," Wice said. "The only way they could stop Kent and I in our tracks was to defund us."
For now, Cogdell said his client is focused on his impeachment trial.
"He's doing his job, helping us get ready for trial, meeting with fundraisers and supporters," said Cogdell. "Just going through it."
The Texas House overwhelmingly voted to impeach Paxton on Memorial Day weekend, accusing him of abusing his office and power to help a campaign donor and himself.
In his impeachment case, Paxton's lawyers filed a motion earlier this week to drop 19 of the 20 articles against him, with the only exception relating to the whistleblowers in his office who first brought allegations of bribery to the FBI.
He remains under investigation by the U.S. Justice Department.
Paxton ultimately fired the whistleblowers, who were among his top, hand-picked officials in the office.
They filed a lawsuit against the Attorney General's Office and in February, the whistleblowers and Paxton agreed to settle their case for $3.3 million dollars.
Paxton's legal team has previously said that their client shouldn't have faced impeachment because voters knew many of the allegations before his re-election last year.
David Coale, an attorney not involved in the impeachment case, explained why he thinks Paxton's team made the motion.
"This business about whistleblowers and settling litigation is newer that carries over into the current term," said Coale. "And ok, that's fair. You can guys can consider that if you want to. But everything the voters dealt with that's history, and it's something that ought not be taken up by the Senate."
House impeachment managers overseeing the prosecution have said Paxton's request for taxpayer money to settle the case is what led to his impeachment.
