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Ryan Vassar

Paxton sued by four whistleblowers

Start popping the corn.

Best mugshot ever

Despite his role as the state’s top law enforcement officer, Attorney General Ken Paxton “believes he is above the very law” he is supposed to uphold, several whistleblowers say in a new lawsuit seeking damages after he allegedly retaliated against them.

In the lawsuit filed this week in Austin, four top former Paxton aides recounted some of the extraordinary efforts the attorney general allegedly made on behalf of his friend and campaign donor Nate Paul, an Austin real estate investor — everything from empowering Paul to go after business adversaries to helping him stave off foreclosure.

They say Paxton frequently met with Paul without his security detail present and abused his office to “advance the legal and personal interests” of the Austin businessman. Over time, Paxton “became less rational in his decision making and more unwilling” to listen to criticism of his actions, they said.

[…]

“The most senior members of the [office of the attorney general] believed in good faith that Paxton was breaking the law and abusing his office…,” ” the lawsuit says.

The lawsuit provides more detail about allegations that have been leaking out in press reports since early October, including Paxton’s efforts to hire an outside lawyer to oversee a criminal investigation sought by Paul.

The FBI raided Paul and his businesses last year, and he has complained vociferously that he was treated unfairly and illegally by state and federal law enforcement. Those complaints reached Paxton and eventually led the attorney general to launch a probe — at Paul’s urging.

“Paxton rarely showed an interest in any pending criminal investigations, but he showed an extraordinary interest in the investigations sought by Paul,” the lawsuit alleges.

Among the “perceived adversaries” that Paul wanted the attorney general’s office to investigate: a federal magistrate judge, FBI agents, a federal bankruptcy judge, a local charity and a credit union, according to the lawsuit.

Though criminal investigators concluded “no credible evidence existed” to warrant state charges, Paxton pressed on and eventually hired an outside lawyer to oversee an investigation, which has since collapsed amid the controversy.

The lawsuit doesn’t just give more detail about the accusations that have already been reported. It also provides fresh allegations about Paxton’s abuse of his power to make rulings in disputes over the release of government records — once again to benefit Paul.

Though the attorney general’s office makes rulings in up to 40,000 open records disputes each year, the whistleblowers say they are “only aware of Paxton taking a personal interest in decisions that relate to Paul.”

In one instance involving records that Paul was seeking from the Texas Department of Public Safety, Paxton “personally took the file,” which included records sealed by a federal court, and “did not return it for approximately seven to ten days.”

In other open records cases involving Paul he told his deputies what conclusion he wanted them to reach even if it was unsupported by the law, according to the lawsuit.

Oh, mama. Let’s look at the Trib story for more details.

The whistleblowers are asking for reinstatement, as well as compensation for lost wages, future loss of earnings and damages for emotional pain and suffering. If they succeed, it will be taxpayers, not Paxton himself, who bear the majority of the litigation costs.

Under the Texas Whistleblower Act, any adverse action taken against whistleblowers within 90 days of their report to authorities is “presumed” to be retaliation for that report. The firings, as well as other actions alleged in detailed complaints to the agency’s human resources department, all fit within that three-month time frame.

Paxton has dismissed the whistleblowers as “rogue employees” wielding “false allegations.” But media reports in The Texas Tribune and other outlets, as well as public documents, show four instances when the attorney general’s office intervened in a legal matter in a manner that seemed to help Paul — events that are also detailed in the new lawsuit.

Paul and Paxton are friendly, but the full nature of their relationship remains unclear. Paul donated $25,000 to Paxton’s reelection campaign in 2018. Paul said in a court deposition last week that they have known each other for years, and sometimes had lunch together. Asked whether they were friends, Paul said “I consider the relationship, you know, positive.”

[…]

But for the whistleblowers, the most troubling example came this fall, when Paxton hired a 34-year-old Houston defense attorney, Brandon Cammack, to vet complaints made by Paul that he had been mistreated during the 2019 raid on his home and office.

Maxwell and Penley had been tapped to look into Paul’s complaints given their leading roles in law enforcement and criminal justice. But they had found, according to the lawsuit, “no credible evidence existed to support any state law charges.”

When Penley said he believed the investigation should be closed, Paul, his attorney and Paxton all “pushed back.”

Paxton soon turned to an outside investigator, Cammack, to vet Paul’s complaints against authorities, hiring the young lawyer through a process his top aides characterized as unusual and improper.

The office also considered hiring Joe Brown, a former U.S. attorney in the Eastern District of Texas and onetime Grayson County district attorney — experience, legal experts say, that would have better positioned him for the position. Brown told The Texas Tribune he interviewed for the job in late August but eventually negotiations stalled.

Emails Brown sent the agency show he was concerned about allowing the attorney general’s office — or Paxton himself — to direct a probe that would ultimately lead to prosecution. One of the authorities Paul targeted in his complaint was the Texas State Securities Board, which in 2014 fined Paxton $1,000 for violating the Texas Securities Act, a law he was later indicted for violating.

“While I will fully investigate the circumstances related to the referral received, and provide a report related to any potential criminal charges, I am not committing to handling the prosecution of any resulting case,” Brown said in an email to the agency.

But he added that he might be willing to take on such a prosecution “after any ethical conflicts which could arise have been fully considered.”

Ultimately, the agency opted to hire the less experienced Cammack — Paxton’s decision, according to the lawsuit.

The four plaintiffs are David Maxwell, Mark Penley, Blake Brickman, and Ryan Vassar. I wonder if the other whistleblowers have their own legal action planned, or will just be witnesses in this one.

Reading these stories crystallized something for me that I hadn’t consciously considered before, which is why would Ken Paxton do all this stuff for one asshole like Nate Paul? Not to be too crude about it, but a $25K campaign contribution only buys you so much. There’s plenty of that kind of money out there for Paxton, so why would he (allegedly) do all of this crazy and maybe illegal stuff for that guy? There has to be more in it for him than that. All of these stories note that the “full nature of the relationship between Paxton and Paul is unclear”, and that just has to be the key to cracking this. There is something else we don’t know, maybe more than one something else, and until we find out what that is, we are not going to understand this story. Maybe this lawsuit will be the fulcrum that helps unearth whatever that is.