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2023

Paxton lawyers call for more specifics in 'vague, threadbare' impeachment charges

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AUSTIN (Nexstar) -- Lawyers for suspended Texas Attorney General Ken Paxton asked the Senate Court of Impeachment on Tuesday to compel prosecutors to provide more details corroborating their accusations against Paxton. They accuse the House Board of Managers of presenting their case in "vague, threadbare Articles of Impeachment."

"The Articles themselves raised more questions than they answered," Paxton's legal counsel wrote. "There are few names, no dates, and none of the details that Texas law requires in a charging instrument."

Lawyers explain Paxton needs to know the exact charges against him to properly prepare for trial, and they argue the Articles of Impeachment are too broad to be useful. They requested the court grant a "bill of particulars," a legal move to require the prosecutors to expand upon the specific accusations they will bring into the trial.

The 20 Articles of Impeachment approved by the House of Representatives in May accuse Paxton of a years-long pattern of abuses of office, bribery, and deceit. They are presented in broad, brief terms.

The text of Article 1, for example, reads as follows:

(Disregard of Official Duty - Protection of Charitable Organization)

While holding office as attorney general, Warren Kenneth Paxton violated the duties of his office by failing to act as public protector of charitable organizations as required by Chapter 123, Property Code.

Specifically, Paxton caused employees of his office to intervene in a lawsuit brought by the Roy F. and JoAnn Cole Mitte Foundation against several corporate entities controlled by Nate Paul. Paxton harmed the Mitte Foundation in an effort to benefit Paul.

Paxton's attorneys assert that the accusation is insufficiently detailed. They argue the prosecutors must provide minute details of the evidence they may have against Paxton: including the specific employees "caused" to intervene, the alleged harm to the charitable organization, the alleged harm to Paul, and the dates, times, people, and places associated with "each and every act allegedly committed."

Texas Lt. Gov. Dan Patrick, acting as the presiding judge over this trial, has not yet rendered a decision in the matter.

Paxton's trial will begin on Sep. 5.




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