Mark Davis: Why did Texas AG Ken Paxton settle whistleblower lawsuit? Let him explain | Opinion

During Attorney General Ken Paxton’s frequent appearances on my radio show last year, we had to take time out from the agenda he envisioned for his third term to discuss the various clouds that many doubters thought would derail him — his indictment on felony charges of securities fraud and allegations of various abuses by four of his former top deputies.

While the allegations in their attempted whistleblower lawsuit attracted an FBI investigation, no charges have been filed. Now, both sides have informed the Texas Supreme Court that they intend to settle, with the accusers receiving an apology from Paxton and more than $3 million.

With re-election by a comfortable margin behind him, I asked Paxton on Wednesday how the settlement came about. He had told me on several occasions that the attorneys who resigned from his office were embittered political opponents, seeking to damage him with concocted allegations. So, why settle?

“We have to make calculations about how much we’re going to spend. We were in Travis County, very liberal judges in Travis County, who may not be friendly to anything we do, and so we have to make calculations on what that’s going to cost.”

So, fighting the charges would have cost more than $3.3 million?

“With the court we were in, there would have been very lenient discovery, and a lot of process going through that for years and years,” the McKinney Republican said. “I think it could easily surpass $3.2 million. On top of that, you’re going to be in front of a Travis County jury. For Republican leaders, that’s not a good place for a jury; you could have an award that was massive.”

I asked about the common impression that settling looks like an admission of guilt. “On the law, we were always very optimistic, because we knew we were right,” he replied, “and on the facts we knew we were right.” Paxton added that the thinking would have been different had the case been in, say, Collin County.

Call me an idealist, but I’d like to think that any party on the right side of the facts and the law shouldn’t have to worry about geography. The attorney general was quick to explode that expectation. “If the law worked the way we all expected, if you’re right on the facts and right on the law, you win — but that’s not the way it works in the court system these days,” he explained.

Paxton added: “People have political views that override the legal views. If I were confident that the court system would look at this from a legal perspective and say we are going to make a decision based on the law and the facts, then I would absolutely fight this to the bitter end, despite the cost.”

I had to wonder if political biases ever hamper liberals in conservative counties. He acknowledged the unavoidability of some bias in a human system but argued that conservatives adhere more to the law and the Constitution.

“I take positions based on the law, even though I might not agree with it,” Paxton said, contrasting himself with President Joe Biden, a frequent target of the attorney general’s lawsuits. “He [couldn’t] care less what the law is or what the Constitution says, he will override it every day.”

Paxton’s sharp takes on the tilted legal playing field and the settlement itself will be received through the lenses of his supporters and critics. Some will see it as an admission of guilt sheathed in a taxpayer-funded exit ramp. That’s not lost on House Speaker Dade Phelan, who says Paxton will have to come hat in hand to the Legislature to make his case for the checks to be written to make this go away. But to Paxton voters, who reinstated him on the basis of the track record they wanted, this will bring a welcome end to at least one of the sideshows that have peppered the coverage of his service.

Paxton’s description of slings and arrows aimed at him for the battles he fights called to mind the challenges faced by a close friend of his: “Look what happened to [Donald] Trump — anybody that gets in that fight — it’s not for the faint hearted; you are going to suffer and you’re going to take the hit.

“Those of us who are in that fight, trying to save the country, trying to make sure the Constitution matters, for us, for our kids, for our grandchildren, we are attacked mercilessly by the media, by the left, and sometimes even the establishment of our own party.”

For anyone wondering, that does indeed mean the Texas attorney general will be helping his friend try to regain the presidency. “I love Ron DeSantis; he’s doing a great job as governor of Florida; but we’ve got proof that [Trump] gets things done.”

Paxton concluded with an observation about Trump that reflects how he sees his own experiences: “Now, he’s being attacked all the time by the media, by legal issues, and that’s what they do. They try to wipe you out and take you out of the game.”

Mark Davis hosts a morning radio show in Dallas-Fort Worth on 660-AM and at 660amtheanswer.com. Follow him on Twitter: @markdavis.