Texas Attorney General Ken Paxton won't have to testify at his impeachment trial

AUSTIN, Texas — Attorney General Ken Paxton pleaded not guilty to 20 articles of impeachment alleging corruption, abuse of public trust, misuse of public funds and more, as the Texas Senate began a historic impeachment trial Tuesday.

The Republican firebrand was impeached in May by an overwhelming vote in the Republican-controlled House of Representatives over his involvement with real estate developer and donor Nate Paul. Now, the state Senate — convened as a high court of impeachment — will determine whether or not to remove him from office.

Republican Lt. Gov. Dan Patrick, who is presiding over the proceedings, swore in the Texas senators as jurors on Tuesday morning, while some 200 spectators — including members of the public and the media — watched from the Senate gallery above, before turning to pre-trial motions.

Paxton's attorneys had filed more than a dozen motions to dismiss the articles of impeachment or exclude evidence from being considered, and all of them failed Tuesday morning when as many as a dozen Republican senators joined with the Democratic senators to vote against the motions.

But Paxton secured one key win Tuesday, when the lieutenant governor — who alone decides procedural matters, under the rules approved by the Senate — decided that Paxton could not be forced to appear as a witness at his own trial.

House impeachment managers had sought to compel the attorney general to be called to the witness stand, though they said in a filing that they expected he would invoke his right not to self-incriminate.

The historic trial marks a dramatic fall for a man who gained a national profile as a leader of red states' opposition on everything from health care to immigration during President Barack Obama's administration and who became a key conservative ally of Donald Trump when he was in the White House. Paxton has denied all wrongdoing and vowed to fight the allegations.

More than 100 people have received subpoenas to testify, and some of them appeared outside the Senate door on Tuesday. Two declined to speak, citing a gag order Patrick issued surrounding the case.

The potential witnesses reportedly include Paul, the developer and donor from whom Paxton is accused of accepting bribes, and current and former staffers from the attorney general's office — some of whom told the FBI he should be investigated for bribery and abuse of office. The attorney general’s 2022 primary challenger George P. Bush and even famed Texas political strategist Karl Rove are also both on the list of potential witnesses, as is Laura Olson — the woman with whom Paxton was allegedly having an extramarital affair — according to The Dallas Morning News, which obtained the confidential witness.

State Sen. Angela Paxton, the attorney general's wife, and state Sen. Bryan Hughes also appeared on the initial witness lists, a reminder of how inherently political and personal the proceedings are within the Texas Republican Party. Angela Paxton, who cannot vote in her husband's impeachment trial but must attend, has since been removed, according to The Dallas Morning News.

“It’s not a criminal trial. It’s not a civil trial. It’s a political trial,” Patrick said in an interview with Fox 26 Houston, a local television station, this summer.

Paxton and his allies, including Trump, have already threatened political retribution for impeaching Paxton.

“Hopefully Republicans in the Texas House will agree that this is a very unfair process that should not be allowed to happen or proceed — I will fight you if it does,” Trump wrote on Truth Social during House impeachment proceedings against Paxton.

Jonathan Stickland, president of the far-right Defend Texas Liberty PAC, recently appeared on Steve Bannon's "War Room" podcast with a candidate for Dallas County GOP chair, Lauren Davis. The pair rallied viewers to pressure a half-dozen specific Republican senators to vote against impeachment.

"We're spending millions of dollars," Stickland said on the show. "Anyone who votes against Ken Paxton in this impeachment is risking their entire political career, and we will make sure that that is the case."

Some Paxton supporters also showed up in hopes of seeing the articles of impeachment dismissed by the Senate.

“He got elected by us, they’re trying to overturn our votes,” said Kaci Sisk, president of the Bulverde Spring Branch Conservative Republicans​. Sisk and members of her group arrived at the Capitol in matching red shirts just after 6 a.m. to wait in line for tickets to sit in the Senate gallery.

“We don’t care, we don’t care. We elected him knowing everything,” Sisk said. “He is the best attorney general that we have ever had. He’s very important to not just the state of Texas, but to this country. He leads the way for this country.”