Live updates: Senate impeachment trial of Texas Attorney General Ken Paxton

House impeachment managers’ first witness took the stand Tuesday afternoon – Jeff Mateer, one of the whistleblowers who reported Paxton to the FBI over concerns related to the attorney general’s relationship with Nate Paul.

Mateer, who previously served as first assistant attorney general under Paxton from March 2016 to October 2020, got partially through his testimony before the trial broke for the day.

Mateer is not among the four former employees who eventually filed a lawsuit claiming they were retaliated against for whistleblowing.

Paxton is accused of having employees intervene in a lawsuit by Mitte Foundation against several corporate entities Paul controlled and harming the charity to benefit Paul.

Mateer said he was concerned about Paxton’s involvement in the lawsuit, pointing to plans Paxton had to argue a motion in Travis County district court in July 2020.

“At the time, I couldn’t remember a sitting attorney general actually going into a district court to argue anything,” he said.

He organized a meeting in response to try and learn more about what Paxton was thinking, Mateer testified.

Mateer learned Paxton was successfully persuaded to not go to the district court hearing, so the subject of the meeting shifted to Paul, Mateer testified.

“I urged him not to have any further dealings with Nate Paul, to let the lawyers, the professionals in the office of the attorney general handle these matters as they saw fit,” Mateer said.

The attorney general committed to him and others in the room that he’d have no further dealings and let the office handle the matter, Mateer said.

Mateer said he was surprised and disappointed to learn that despite Paxton’s assurance, his contacts with Paul became more frequent and dealt with a broader variety of matters.

Mateer said he’s never met Paul.

Mateer, at the top of his testimony, described himself as a longtime Republican and an evangelical Christian.

Opening arguments

Impeachment managers and attorneys for Paxton outlined their cases Tuesday afternoon before witness testimony began.

Rep. Andrew Murr, a Junction Republican who is serving as chair of the House impeachment managers, started off the manager’s opening arguments in Ken Paxton’s impeachment trial, arguing that Paxton committed crimes and should be removed from office and barred from ever again holding an elected position.

He’s accused of abusing his office to benefit a political donor, Austin real estate investor Nate Paul. That includes claims that Paxton gave Paul special access to the attorney general’s office while accepting favors like home renovations and a job for a woman he’s accused of having an affair with.

“The allegations in the articles reveal that the state’s top lawyer engaged in conduct designed to advance the economic interests and legal positions of a friend and donor to the detriment of innocent Texans,” Murr said.

He continued, that Paxton “turned the keys of the Office of the Attorney General over to Nate Paul so that Mr. Paul could use the awesome power of the people’s law firm to punish and harass perceived enemies.”

Paxton’s attorney Tony Buzbee spoke next disputing the various articles and argued that they aren’t supported by evidence.

“The will of Texans should not be subverted,” he said, referencing Paxton’s reelection to office.

Each side had an hour for their opening arguments. Paxton’s team used almost all their time, while the House managers used less than 20 minutes.

Murr countered the argument that voters were aware of Paxton’s alleged misconduct and still elected him, saying “voters did not and do not” know the whole truth.

“The evidence will show that he used massive resources of his office to prepare and issue a sham report that allegedly exonerated him,” Murr said.

Murr later said Paxton would communicate with Paul in “off the book ways” by using burner phones, encrypted messaging apps and secret email address. (Buzbee disputed these claims.)

The House representative urged senators to look at the articles collectively.

“Mr. Paxton tries to defend his actions by isolating each event and claiming that standing alone, they can’t support impeachment. You cannot and should not view each act in a vacuum,” Murr said. “The evidence will show they are all connected.

Buzbee and Paxton’s attorney Dan Cogdell rebutted a number of the allegations against Paxton.

“I suggest to you, it is crystal clear that there is not evidence beyond a reasonable doubt,” Cogdell said. “I have one simple ask: Do the right thing. ... And the right thing is to vote not guilty.”

Buzbee said Paxton did not accept bribes and that Paul, the Austin real estate developer at the center of the impeachment articles. Paul believed federal law enforcement was targeting him and had violated his civil rights, Buzbee said. He went to Paxton, but what did Paul didn’t get anything, was unhappy with Paxton’s office and didn’t think the office was doing its job.

Paxton and his wife, Angela Paxton, paid for their own home renovations, and the Paxton’s alleged mistress applied for a job working for Paul, got it and still does that work.

Additionally, Paul did not have “keys to the AG’s office” as claimed by the House managers, he said.

Buzbee said Paxton has been prosecuted in the press and criticized a gag order that’s in place for barring them from defending Paxton against what they said is false information.

“When we are done, I believe that no matter your party affiliation and no matter where you stand now, you will conclude what I have concluded: That there’s nothing to this,” he said. “Ken Paxton gave nothing of significance to Nate Paul. Nate Paul received nothing of significance from Ken Paxton.”

Buzbee also questioned if Paxton would get a fair trial and the timing of Paxton’s indictment, linking the impeachment proceedings in the House to claims that House Speaker Dade Phelan, a Republican, was intoxicated while overseeing the House and Paxton’s call for him to resign. Buzbee claimed Phelan was seeking “political vengeance.”

A spokesperson for Phelan declined to comment citing the Senate’s gag order. In a May 23 statement, spokesperson Cait Whittman said Paxton’s call for Phelan’s resignation amounted to “little more than a last ditch effort to save face.”

Paxton enters not guilty plea

Paxton, through an attorney, plead “not guilty” to articles of impeachment being tried in the Texas Senate.

Paxton can’t be compelled to testify, motions to dismiss articles denied

Senators rejected a motion Tuesday from Attorney General Ken Paxton’s attorney to dismiss the articles of impeachment, moving forward with the historic trial.

Members of the Texas Senate act as jurors in the impeachment trial, with the exception of Sen. Angela Paxton, a McKinney Republican who is married to the attorney general.

Their first order of business Tuesday was to take up a slew of pretrial motions, including requests from Paxton’s attorneys that some or all of the articles be dismissed. Each was rejected by the majority of senators without debate, as the senate secretary went motion-by-motion, reading aloud each vote.

Sen. Tan Parker, a Flower Mound Republican who represents part of Tarrant County, was among six senators who consistently voted in favor of dismissing the articles.

Lt. Gov. Dan Patrick, who decides on motions that do not relate to the dismissal of articles, ruled that Paxton cannot be compelled to testify.

Impeachment trial starts in Senate

Texas Attorney General Ken Paxton’s impeachment trial is scheduled to start Tuesday in the Senate

The Republican prosecutor is facing 20 articles of impeachment, many of which are related to claims that he abused his office to benefit a political donor, Austin real estate investor Nate Paul. The House impeached Paxton in late May.

The articles include disregard of official duty, making false statements in public records, constitutional bribery, obstruction of justice, conspiracy and attempted conspiracy, misapplication of public resources, misappropriation of public resources, dereliction of duty, unfitness for office and abuse of public trust.

Around 9 a.m. senators filed into the Senate chamber, fashioned as a court room of sort for Paxton’s trial.

After a prayer, each member took turns being sworn in, promising to impartially try Paxton on the impeachment charges. Reporters and members of the public sat above from the gallery to witness the historic proceedings.

Paxton was present, sitting at a desk near the front of the Senate chamber where he once served.

Paxton has long faced legal troubles. He’s been under felony indictment for securities fraud since 2015, the year he took office as attorney general, but has not gone to trial in the case. He is under federal investigation for the abuse of office allegations related to Paul.

Former employees reported him to the FBI for corruption and filed a lawsuit. The settlement of the lawsuit for a proposed $3.3 million in taxpayer dollars prompted the House Investigating Committee’s probe into Paxton that led to the panel of lawmakers’ indictment recommendation.

Paxton and his council, which includes high-profile Houston attorneys Tony Buzbee and Dan Cogdell, have cast the indictment as political theater and asked in filings that the articles be tossed out.

Ahead of the trial, members of the public lined up to get a ticket for entry into the gallery.

“I hope that we get justice, and I think that’s taking Ken Paxton down,” said Jayne Barrett of Austin.

Also among those waiting to get into the trial were members of the True Texas Project, a conservative political group based in North Texas.

Jennifer White, a co-director for the group’s Denton County chapter, hoped the charges in the articles before Paxton are dismissed and Paxton acquitted.

“It’s a political trial,” said White, who’d been waiting to get in the Capitol since 6:45 a.m. Doors to the Senate opened at 8 a.m.

Senators are first taking up pre-trial motions.

This is a developing story. Check back for updates.