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
AUSTIN, Texas — Members of the state Senate are deliberating after eight days of witness testimony to decide if Attorney General Ken Paxton is guilty of 16 articles of impeachment.
The defense counsel and prosecutors made closing arguments Friday morning before presiding officer, Lt. Gov. Dan Patrick, dismissed the Senate jurors — 19 Republicans and 12 Democrats.
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Paxton's lead defense lawyer, Tony Buzbee, said the prosecution had brought a case "with no evidence" except that "they don't like Ken Paxton."
"This has been a political witch hunt within the Republican Party," Buzbee said.
Republican Rep. Andrew Murr, House Board of Impeachment Managers chairman, warned in his closing argument that letting Paxton off on all charges would allow Paxton to engage in new abuses if he returns to office.
"He has betrayed us and the people of Texas, and if he's given the opportunity, he will continue to abuse the power given to him," Murr said.
The third-term elected Republican official was impeached by the House in May on 20 articles of impeachment, but the Senate chose to move forward on 16 articles. Paxton is accused of using his power to help real estate developer Nate Paul investigate the FBI and accept bribes.
Patrick instructed lawmakers to base their decision on each article on information provided by witnesses and documents seen over the past two weeks, not media reports or statements that lawyers made before or during the trial.
"This is like 16 trials in one," Patrick said.
All 31 senators but one, Sen. Angela Paxton, are required to vote on each individual charge. Sen. Paxton was barred from voting by her colleagues earlier this summer due to her conflict of interest as the attorney general's wife.
Each article requires 21 or more of the 30 voting senators to vote in the affirmative to secure a conviction.
The senators will deliberate until Friday at 8 p.m. local time and Saturday from 9 a.m. to 8 p.m. If the jurors cannot reach a conclusion by Sunday evening, Patrick warned he will mandate senators stay in the building until they reach a decision. That would entail sleeping in their offices, he said.
After the 30 voting senators have each reached decisions, they will return to the Senate floor and vote individually on each charge.
If Paxton is convicted on even one article, he will immediately transition from suspended without pay to terminated.
The Senate will hold a second vote at the end of the 16 articles to decide if Paxton should be permanently barred from holding public office in the state ever again.
The 16 articles of impeachment are below.
ARTICLE 1: Disregard of Official Duty - Protection of Charitable Organization
The allegation: Paxton caused employees of his office to intervene in a lawsuit brought by the Roy F. & JoAnn Cole Mitte Foundation against several corporate entities controlled by Nate Paul. Paxton harmed the Mitte Foundation in an effort to benefit Paul.
ARTICLE II: Disregard of Official Duty - Abuse of the Opinion Process
The allegation: Paxton caused employees of his office to prepare an opinion in an attempt to avoid the impending foreclosure sales of properties belonging to Nate Paul or business entities controlled by Paul. Paxton concealed his actions by soliciting the chair of a senate committee to serve as straw requestor. Furthermore, Paxton directed employee of his office to reverse their legal conclusion for the benefit of Paul.
ARTICLE III: Disregard of Official Duty - Abuse of the Open Records Process
The allegation: Paxton directed employees of his office to act contrary to law by refusing to render a proper decision relating to a public information request for records held by the Department of Public Safety and by issuing a decision involving another public information request that was contrary to law and applicable precedent.
ARTICLE IV: Disregard of Official Duty - Misuse of Official Information
The allegation: Paxton improperly obtained access to information held by his office that had not been publicly disclosed for the purpose of providing the information to the benefit of Nate Paul.
ARTICLE V: Disregard of Official Duty - Engagement of Cammack
The allegation: Paxton engaged Brandon Cammack, a licensed attorney, to conduct an investigation into a baseless complaint, during which Cammack issued more than 30 grand jury subpoenas, in an effort to benefit Nate Paul or Paul's business entities.
ARTICLE VI: Disregard of Official Duty - Termination of Whistleblowers
The allegation: Paxton terminated employees of his office who made good faith reports of his unlawful actions to law enforcement authorities. Paxton terminated the employees without good cause or due process and in retaliation for reporting his illegal acts and improper conduct. Furthermore, Paxton engaged in a public and private campaign to impugn the employees' professional reputations or prejudice their future employment.
ARTICLE VII: Misapplication of Public Resources - Whistleblower Investigation and Report
The allegation: Paxton directed employees of his office to conduct a sham investigation into whistleblower complaints made by employees whom Paxton had terminated and to create and publish a lengthy written report containing false or misleading statements in Paxton's defense.
ARTICLE VIII: Disregard of Official Duty - Settlement Agreement
The allegation: Paxton entered into a settlement agreement with the whistleblowers that provides for payment of the settlement from public funds. The settlement agreement stayed the wrongful termination suit and conspicuously delayed the discovery of facts and testimony at trial, to Paxton's advantage, which deprived the electorate of its opportunity to make an informed decision when voting for attorney general.
ARTICLE IX: Constitutional Bribery - Paul's Employment of Mistress
The allegation: Paxton benefited from Nate Paul's employment of a woman with whom Paxton was having an extramarital affair. Paul received favorable legal assistance from, or specialized access to, the office of the attorney general.
ARTICLE X: Constitutional Bribery - Paul's Providing Renovations to Paxton Home
The allegation: Paxton benefited from Nate Paul providing renovations to Paxton's home. Paul received favorable legal assistance from, or specialized access to, the office of the attorney general.
ARTICLES XI, XII, XIII, XIV excluded from the Senate trial.
ARTICLE XV: False Statements in Official Records - Whistleblower Response Report
The allegation: Paxton made or caused to be made multiple false or misleading statements in the lengthy written report issued by his office in response to whistleblower allegations.
ARTICLE XVI: Conspiracy and Attempted Conspiracy
The allegation: While holding office as attorney general, Paxton acted with others to conspire, or attempt to conspire, to commit acts.
ARTICLE XVII: Misappropriation of Public Resources
The allegation: While holding office as attorney general, Paxton misused his official powers by causing employees of his office to perform services for his benefit and the benefit of others.
ARTICLE XVIII: Dereliction of Duty
The allegation: While holding office as attorney general, Paxton violated the Texas Constitution, his oaths of office, statutes, and public policy against public officials acting contrary to the public interest.
ARTICLE XIX: Unfitness for Office
The allegation: While holding office as attorney general, Paxton engaged in misconduct, private or public, of such character as to indicate his unfitness for office.
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ARTICLE XX: Abuse of Public Trust
The allegation: While holding office as attorney general, Paxton used, misused, or failed to use his official powers in a manner calculated to subvert the lawful operation of the government of the State of Texas and obstruct the fair and impartial administration of justice, thereby bringing the Office of Attorney General into scandal and disrepute to the prejudice of public confidence in the government of this State.