What to expect from the Ken Paxton impeachment trial
NORTH TEXAS (CBSNewsTexas.com) — The historic impeachment trial of Texas Attorney General Ken Paxton will have a lot of moving parts when it begins Tuesday.
We've broken down some of the rules and how it's expected to play out.
While experts say impeachment is purely political, the trial will look a lot like a court case. The House Board of Managers or their lawyers will make an opening statement. Paxton's lawyers can make their opening statement right after or when they present their own case after prosecutors finish. Each side can cross-examine witnesses.
The trial will be streamed and open for the public to see. But senators, who are the jurors, will deliberate in private. The senators will vote on each article separately and will do so publicly in the chamber, standing up when they're called to say how they will vote.
The House Impeachment Managers must prove their case beyond a reasonable doubt.
There are 31 rules in place approved by the Senate.
One rule that made national headlines involves the attorney general's wife, Republican Sen. Angela Paxton of McKinney. Because she is married to the attorney general, senators found she has a conflict of interest and as a result, is not allowed to be an active juror in the case.
"She is not allowed to vote on any matter," said appellate attorney David Coale, who is not involved in the case. "Not just the ultimate vote, but any procedural point that comes up along the way."
Even so, her position as state senator could become helpful in her husband's defense.
By the numbers, following rules set by the State Constitution, two-thirds of senators are needed to convict Attorney General Paxton. Because Sen. Paxton can't vote, there will only be 30 senators who can decide Attorney General Paxton's future.
But Sen. Paxton is still required to attend the trial, so all 31 Senators will be counted. That raises the two-thirds threshold needed to convict Paxton from 20 to 21.
"The higher the threshold, the harder it gets and sometimes one vote is all the difference in the case," Coale said.
During the trial, Lt. Gov. Patrick will decide on a number of issues.
One major rule he has already imposed has been a gag order. It covers Paxton, his lawyers, the House Impeachment Managers and their attorneys, along with senators considering the case, House members and potential witnesses in the trial. They aren't allowed to make any statements that could damage the Senate's ability to hold a fair and impartial trial, which is required by the Texas Constitution.
One of Paxton's key supporters, conservative activist Dr. Steven Hotze of Houston, filed a lawsuit against the gag order, claiming it violates free speech. Coale told CBS News Texas he doesn't expect the lawsuit to go anywhere.
"This is not something the courts have jurisdiction over," Coale said. "The Constitution puts the responsibility to conduct impeachment squarely on the House and Senate."
At the beginning of the trial, Paxton will have to enter a plea on each article of impeachment. He has repeatedly denied wrongdoing and will likely plead not guilty.
