Paxton still desperately trying to avoid being deposed

And still failing.

A crook any way you look

The Texas Third Court of Appeals denied Attorney General Ken Paxton’s request for an emergency stay of impending depositions in the whistleblower lawsuit that sparked his impeachment this year, according to a Wednesday court filing.

The whistleblower plaintiffs are seeking depositions of Paxton, First Assistant Attorney General Brent Webster, Chief of Staff Lesley French Henneke, and Senior Advisor to the Attorney General Michelle Smith, according to a writ.


On Dec. 20, Travis County District Judge Jan Soifer ordered Paxton to testify under oath in the lawsuit. Paxton quickly appealed Soifer’s decision to the Third Court of Appeals. On Dec. 22, Paxton’s team filed two items: an emergency motion for temporary relief – which was denied on Wednesday – and a petition for writ of mandamus.

In the writ of mandamus, Paxton argues Soifer abused her discretion, and discovery involving depositions of “high-level executive officials” should not move forward because the case was resolved in a mediated settlement agreement.

Paxton asked the Third Court of Appeals to order the trial court to enforce the settlement agreement and quash the depositions or “set reasonable limitations on the time, scope, and subject matter of the depositions,” according to the writ.

TJ Turner, an attorney for one of the plaintiffs, said, “This is just Ken Paxton’s latest effort to manufacture delay and avoid testifying.”

Paxton’s office did not immediately respond to a request for comment from KXAN.

The Third Court of Appeals requested the whistleblower plaintiffs respond to Paxton’s writ of mandamus by Jan. 4, 2024.

See here for the background. Per the Austin Chronicle, Judge Soifer is “seeking Paxton and his staff to appear for depositions; Paxton must now respond by Jan. 3”, so things are happening quickly. If nothing else, I hope this means he’s not able to fully enjoy the Christmas break. I’ll take my small victories where I can.

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  1. Pingback: Paxton again ordered to sit for whistleblower deposition | Off the Kuff

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