Off the Kuff Rotating Header Image

Texas Whistleblower Act

Where are we with the Paxton whistleblower lawsuit?

We are in the familiar position of waiting for the drawn-out appeals process to conclude. Pull up a chair and make yourself comfortable.

Best mugshot ever

The appeals process has grown a bit longer in state Attorney General Ken Paxton’s effort to dismiss a whistleblower lawsuit by four top agency officials who claim they were improperly fired in 2020 after accusing him of accepting bribes and other misconduct.

Paxton turned to the Texas Supreme Court 7½ months ago after two lower courts rejected his bids to toss out the lawsuit.

Last month, the Supreme Court told Paxton and the whistleblowers to provide justices with a deeper dive into the legal issues involved, kicking off a second round of legal briefing that was recently extended when the court granted Paxton’s request for an extra month to file his expanded brief.

Paxton’s brief is now due July 27, and although the court told Paxton that additional extensions aren’t likely to be granted, the move means the final brief isn’t due until Aug. 31 at the earliest.

That moves the case into election season as Paxton seeks a third four-year term against a Democrat, Rochelle Garza, who has made questioning Paxton’s ethics a campaign centerpiece. Three opponents tried the same tactic against Paxton in this year’s GOP primaries without success.

The timing also puts the case close to the two-year anniversary of when eight top officials of the attorney general’s office met with FBI agents and other investigators to relate their suspicions that Paxton had misused the powers of his office to help a friend and political donor, Austin real estate investor Nate Paul.

See here and here for the most recent updates. Paxton’s argument is that as an elected rather than appointed official, he doesn’t count as a “public official” under the Texas Whistleblower Act, so the employees who fired him have no grounds to sue. He has other arguments, but that’s the main thing that will be of interest to the Supreme Court. I’m sure you can surmise what I think, but if you want to dig deeper you can click the Texas Whistleblower Act tag link and review other posts in this genre.

Just as a reminder, we are also waiting for the FBI to take some kind of action in their investigation of the Ken Paxton-Nate Paul dealings, the State Bar complaint against Paxton for his attempt to overthrow the 2020 election should have a hearing sometime later this summer, and of course there’s the granddaddy of them all, the original state charges that Paxton engaged in securities fraud, which are now eight years old. He’s sure been a busy boy, hasn’t he?

Abbott and Patrick ask SCOTx to take up Paxton’s whistleblower appeal

They sort of have a point, but they should still butt out.

Best mugshot ever

Gov. Greg Abbott and Lt. Gov. Dan Patrick on Monday urged the Supreme Court of Texas to take up Attorney General Ken Paxton’s appeal to throw out a whistleblower lawsuit against him.

The appeal is Paxton’s latest attempt to avoid a trial after eight of his former top deputies accused him of bribery and abuse of office in late 2020. Within seven weeks of their complaint to authorities, all eight had either been fired or driven to leave the agency. Four of the fired employees later filed a whistleblower lawsuit against Paxton saying they were fired in retaliation for their complaint and have asked to be reinstated to their jobs. Paxton denies wrongdoing.

Paxton, a Republican, has fought that lawsuit, claiming that the state’s whistleblower law — which covers public employees, appointed officials and governmental entities — does not apply to him because he is an elected official. A district court and an appeals court have ruled against Paxton’s lawyers and said the lawsuit could move forward. But in January, Paxton’s lawyers asked the Texas Supreme Court to reconsider the matter and throw out the case.

Paxton’s lawyers argue that allowing whistleblowers to sue the attorney general for firing them could hamper the executive power that the state constitution gives him. It is the same argument two lower courts have already rejected after hearing from the whistleblowers’ lawyers, who argue that siding with Paxton would take away whistleblower protections for employees trying to report the misconduct of an elected official.

Lawyers for the governor’s and lieutenant governor’s offices did not indicate whether they agree with Paxton’s argument. The two Republican state officials filed friend of the court briefs asking that the high court take up the case because it is relevant to statewide governance and to the powers of an executive office under the Texas Constitution. Because of that, lawyers for the offices argued the case should be considered by a statewide court and not by the local courts that have already rejected Paxton’s argument.

The two lower courts were filled by Democrats. The Texas Supreme Court is made up of nine Republicans.

See here for the background. I don’t think it’s unreasonable to argue that the state’s high court should weigh in on this question. They could, I suppose, simply issue an order denying the appeal request on the grounds that they’re fine with the lower courts’ rulings. Most cases never get close to the Supreme Court. Indeed, one of the themes I saw in the judicial Q&A responses I got from 1st and 14th Court of Appeals candidates in 2018 and 2020 was precisely that those courts are often the last word on a lot of consequential cases. SCOTx has no obligation to take this up. It’s easy to see why they might want to, but in the end it would be unremarkable if they didn’t.

It’s also easy to see that what Abbott and Patrick want is for a court full of Republicans to have the final word, since I’m sure they don’t consider the lower courts to be valid in the same way. One could perversely assert that only a rejection from the all-Republican Supreme Court will settle this matter in a way that might shut up Paxton and his sycophants, though perhaps the Court of Criminal Appeals would beg to differ.

One more thing:

An attorney whose firm represented Paul, the friend and campaign donor to Paxton, also urged the Supreme Court Monday to weigh in on the case, saying it “presents far reaching consequences for our state government.”

Statewide officials like Paxton need to be able to fire or retain employees based on whether they help advance their goals, wrote Kent Hance, founding partner of the Austin-based law firm Hance Scarborough.

“Inferior officers are carefully chosen by an elected official to provide competent policymaking advice in line with the policymaking goals as defined by the elected official,” Hance wrote. “This works well when the goals are in line with the advice, but what happens when they are at odds?”

A political action committee for Hance’s firm — the HS Law PAC — donated $25,000 to Paxton in June 2020, after he intervened in litigation involving Paul, as Hearst Newspapers reported.

Lawyers for one of the whistleblowers pointed to the donation this week.

“Only somebody as shameless as Ken Paxton would get a lobbyist whose firm donated $25,000 to Paxton while it was representing Nate Paul companies to ask the Texas Supreme Court to re-write the Texas Whistleblower Act,” lawyers TJ Turner and Tom Nesbitt said in a statement. They declined to comment on the briefs by Abbott and Patrick.

Hance did not immediately respond to a request for comment, but managing partner Jay Stewart, who is trustee of the PAC, has told Hearst it operates independent of the firm’s litigation section and that the donation had nothing to do with any cases.

Yeah, that’s a pretty good summary of Texas politics. Political donations never have anything to do with getting the political outcome we prefer. Who would ever think such a thing?

I regret to inform you that Ken Paxton may not be an honest broker

You should maybe be sitting down for this.

Best mugshot ever

The whistleblowers who sued Texas Attorney General Ken Paxton after he fired them for accusing him of bribery and abuse of office are speaking out against him publicly for the first time since filing their lawsuit, in response to what they say are Paxton’s “numerous false and misleading public statements” on the campaign trail.

The four whistleblowers – former deputy attorneys general James Blake Brickman, Mark Penley, and Ryan Vassar, as well as the office’s former director of law enforcement David Maxwell – said they previously intended to stay silent about their case while it played out in the judicial system.

“Our preference was to remain silent while the wheels of justice turned, and our civil case progressed in the courts,” they said in a joint statement Monday. “However, in recent weeks, Paxton has made numerous false and misleading public statements that we feel obligated to correct.”

The whistleblowers also said they had remained quiet to respect the “ongoing FBI investigation,” indicating that a federal criminal probe into Paxton continues. The FBI has declined to comment on the matter in the past.

“The most basic qualifications of an attorney general are respect for truth and respect for the law. Ken Paxton has neither,” the whistleblowers said in their statement. “The day will come when Ken Paxton must testify under oath about his and his agency’s actions. Until then, we call on Ken Paxton to start telling the truth to the people of Texas.”

[…]

Many of what the whistleblowers call Paxton’s “misleading public statements” came during a Jan. 31 interview with conservative radio host Mark Davis about the attorney general’s race. In the interview, Paxton claimed the whistleblowers “didn’t come to him” and “didn’t explain” the issues they had with the behavior that led to their complaints. In a separate interview with conservative outlet Texas Scorecard this month, Paxton claimed the FBI had “infiltrated” his office to investigate him before the whistleblowers made their complaint.

But the whistleblowers said in their statement they approached Paxton multiple times about their concerns with his push to get involved in Paul’s affairs before reporting him to the FBI. Their whistleblower lawsuit details specific dates when the whistleblowers individually and as a group warned Paxton that his actions in legal matters related to Paul were unlawful.

They said they first reported their concerns to the FBI on Sept. 30, 2020 after they could not convince Paxton to follow the law.

“We had no previous contact with the FBI before that date and believe this was the first time the FBI became involved with the investigation of Paxton and his office,” they wrote in their statement released Monday.

The whistleblowers also took issue with Paxton’s comment on Davis’ show that “no one has ever disputed” an unsigned 374-page report generated by his office in August that exonerated him of the whistleblower’s allegations.

“This is false. Paxton’s self-exonerating report is directly disputed by the detailed allegations in the whistleblower lawsuit,” the statement read. “Unsurprisingly, Paxton’s report selectively ignored some of the most troubling allegations we reported to the FBI, like Paxton providing blatant political favors to a campaign donor – the same campaign donor who has admitted in sworn testimony to hiring a woman at Paxton’s behest, a woman with whom media reports reveal Paxton had an extramarital affair.”

The whistleblowers also blasted Paxton for accusing them of committing crimes in the Davis interview, calling his accusations “ridiculous.”

“We confronted Ken Paxton about his and his agency’s corrupt and criminal conduct, and, when he would not abide by the law, we reported him to the FBI,” they said in their statement. “Paxton is under criminal investigation, not the whistleblowers.”

Paxton also told Texas Scorecard that he still does not know the specific allegations against him. The whistleblowers said the allegations against him are clearly spelled out in their lawsuit and include: bribery, tampering with government records, obstruction of justice, harassment and abuse of office.

See here for the latest installation of the Paxton whistleblower lawsuit saga, in which he tries to get the Supreme Court to wipe the slate clean, and here and here for the incredible self-exoneration report. If only the world worked this way for all of us! (“I conducted a thorough investigation into the allegations against me, honey, and I can confirm that I did in fact take the garbage out last night.”) I realize that I am a bitter, shriveled husk of a man, but nothing on this earth will give me more joy right now than seeing the FBI perp-walk Paxton out of his office. We all do what we need to do to get through the day. The Chron has more.

Paxton asks Supreme Court to toss that pesky whistleblower lawsuit

Same argument, different court. Either Ken Paxton can be held accountable, or he gets a free pass to do whatever he wants.

Best mugshot ever

Texas Attorney General Ken Paxton has asked the Texas Supreme Court to toss out a whistleblower lawsuit by four former officials who say they were improperly fired after accusing Paxton of accepting bribes and taking other improper acts.

Paxton told the court that his agency “enjoys … the right to fire its employees — especially employees whose political appointments require they act on behalf of the duly elected Attorney General — at will.”

Paxton also argued that he can’t be sued because the Texas Whistleblower Act was intended to protect government employees from on-the-job retaliation by another public employee.

“The Attorney General is not a ‘public employee,'” said the appeal, filed Wednesday and made public Thursday. “Like the Governor, the Lieutenant Governor, and members of this Court, he is an elected officer, chosen by the people of Texas to exercise sovereign authority on their behalf.”

Paxton made similar arguments before the Austin-based 3rd Court of Appeals, but that court allowed the lawsuit to continue, ruling in October that the whistleblower act protects government workers from being fired for making “a good-faith report of illegal conduct … by the employer.”

Interpreting the act to exclude elected officials as employers would create a substantial loophole that runs counter to the law’s purpose of improving transparency and accountability, the 3rd Court ruled.

[…]

In his appeal to the Texas Supreme Court, Paxton characterized the complaints as matters involving policy disagreements — not a good-faith report of potential crimes as required by the whistleblower act.

“Plaintiffs were political appointees of the Attorney General who were dismissed from their posts following several policy disagreements. These disagreements each regarded duties well within the Attorney General’s authority, such as whether to retain outside counsel, issue a legal opinion, investigate potentially criminal acts and intervene in pending litigation,” the appeal said.

Paxton urged the all-Republican Supreme Court to reject the whistleblowers’ “vague, conclusory and speculative allegations,” saying they do not constitute a good-faith report of wrongdoing.

Lawyers for the whistleblowers will have the opportunity to respond to Paxton’s appeal in the coming weeks.

See here for the previous update. Paxton made the same argument to the Third Court, while also arguing that none of the whistleblowers had actually accused him of a crime, which meant they weren’t really blowing the whistle. I’m sure the plaintiffs will mostly repeat their earlier arguments as well. As for what the Supreme Court will do, or when they might do it – I for one will not be shocked if they wait until after the election – your guess is as good as mine. Reform Austin and KVUE have more.

Third Court rejects Paxton attempt to kill whistleblower lawsuit

Good.

Best mugshot ever

A state appeals court found Thursday that former deputies of Attorney General Ken Paxton who were fired after accusing the Republican official of abusing his office are protected under the state’s whistleblower law, allowing their lawsuit against Paxton to proceed.

Paxton’s lawyers had argued in court that he’s exempt from the Texas Whistleblower Act because he’s an elected official, not a public employee. But the court upheld a previous lower court decision that denied Paxton’s attempt to dismiss the case.

In its opinion, Texas’ 3rd Court of Appeals rejected the attorney general’s interpretation of the Texas Whistleblower Act, “which would have the effect of stripping whistleblower protections from employees who might report misconduct by the thousands of elected officials throughout the State — particularly by those who direct and lead the agencies of this State.”

[…]

In its opinion, the court wrote that the former employees “sufficiently alleged illegal conduct by their employing governmental entity as contemplated by the Act” and disagreed with Paxton’s characterization of the whistleblower law, writing that while “Texas is an employment-at-will state,” the act “provides an exception to that general rule.”

“Although loyalty and confident are important considerations in employment matters,” it wrote, “the Act provides that a State employer cannot fire an employee because he reports illegal conduct by the employer, even when it is that act of reporting that causes the employer to lose confidence or feel the employee lacks loyalty.”

See here for the previous update, and here for a copy of the ruling. The justices seemed pretty skeptical of Paxton’s argument at the hearing, so this is no surprise. Paxton could ask for an en banc hearing or he could appeal to the Supreme Court. The former means another couple of months that the lawsuit is on ice, but the odds of success are low. The latter is more likely to get a favorable ruling for Paxton, but if he loses he’s out of options and we move on to the next phase. I’m guessing he would rather avoid discovery, because it seems very likely that a weasel like Paxton has stuff to hide, so we’ll see if he decides to draw it out or not. Maybe, if we’re very lucky, we’re a step closer to Ken Paxton facing a bit of accountability for once in his life. The Chron has more.

Appeals court appears skeptical about Paxton’s whistleblower defense

As well they should be.

Best mugshot ever

A panel of Texas 3rd Court of Appeals justices expressed skepticism of an argument from Attorney General Ken Paxton’s lawyers on Wednesday that he is exempt from the state’s whistleblower act because he’s not a public employee and a case against him should be thrown out.

Former Paxton deputies in the Office of the Attorney General claim in a whistleblower lawsuit that they were fired for reporting alleged crimes by Paxton to law enforcement. Paxton’s lawyers are trying to get the case dismissed and asked the appeals court to throw out the case on the grounds that Paxton is not subject to the whistleblower law. A lower court denied Paxton’s motion to dismiss the case in March.

Barely a minute into oral arguments, Justice Chari L. Kelly began questioning Solicitor General Judd E. Stone II, who is representing Paxton in the suit.

“Isn’t the action of every employer at the OAG’s office an action by the employee governmental agency?” Kelly said.

Justice Gisela D. Triana questioned Stone’s argument that all elected officials are exempt from the whistleblower law and Chief Justice Darlene Byrne asked whether his interpretation would give Texas Supreme Court justices immunity from sexual harassment claims from their employees.

Stone said employees filing sexual harassment claims would have other avenues for relief outside the whistleblower law, but argued that the attorney general as an elected official cannot be sued under the law, which covers public employees, appointed officials and governmental entities.

[…]

Stone argued that barring the attorney general from firing employees when they disagree with legal positions or have lost his trust would be an infringement on the elected official’s power.

But Kelly questioned that argument and nodded to claims by the whistleblowers’ lawyers that Paxton is a public employee because he receives checks from the state and participates in its retirement system, and that he acts as the entity because he is its titular head.

“If he can go in and change any decision internally … If he truly has the power to have the last say on anything that comes out of the agency. How is he not the agency?” she asked.

Stone said the justices should interpret the law as it was written, which did not include elected officials in the text of those who can be sued on whistleblower claims.

But Joe Knight, who argued for the whistleblowers’ lawyers, blasted the idea that the Legislature wrote a statute meant to ensure public employees complied with the law and then exempted elected officials without explicitly saying so. He said the drafting of the law in such a way would be “strange and unlikely,” and said the “Legislature does not hide elephants in mouseholes.”

In briefings to the court, the whistleblowers’ lawyers said when lawmakers intend to exempt elected officials from being labeled as public employees, they do so in the text of the law. The Texas Whistleblower Act does not.

The whistleblowers’ lawyers said exempting the attorney general would rob the law of its purpose to protect public employees reporting wrongdoing by government entities.

Stone also argued in briefs that the former officials did not make the reports to law enforcement authorities required to invoke whistleblower protection, and that even if they had, they reported only potential crimes, not crimes that had actually happened.

The whistleblowers’ lawyers attacked that argument, saying their clients reported their concerns to the Travis County District Attorney’s Office, the FBI, the Texas Rangers and the attorney general’s human resources office.

The lawyers also said their clients believed Paxton had already abused his office, tampered with government records, taken bribes and obstructed justice through his interactions with Paul when they brought their concerns to law enforcement.

See here, here, and here for some background. It must be noted that all three appellate court justices are Democrats, so their opinions will carry limited weight before the Court of Criminal Appeals, no matter how ridiculous Paxton’s arguments are. That’s just how it is, I don’t make the rules. No indication when the court may rule, but the initial suit was filed last November, the motion to dismiss was denied in March, and the appeal to the Third Court was made in June, so as far as that goes, we’re moving at a decent pace.

More on the Paxton self-exoneration report

More and more ridiculous.

Best mugshot ever

Texas Attorney General Ken Paxton’s office refuses to release the names of the authors or the taxpayer cost of the internal report published Tuesday that concluded that whistleblowers’ accusations that Paxton broke the law were unfounded.

Yet the body of the report indicates that a key author was Paxton’s top deputy, First Assistant Attorney General Brent Webster, who was hired on Oct. 5 — the same day the internal investigation was initiated and just days after seven senior officials at the agency had notified Paxton that they had reported him to law enforcement.

Webster, whose annual salary was $265,000 as of July, was hired to replace Jeff Mateer, one of the whistleblowers, who resigned Oct. 2. Webster did not respond to a request for comment Wednesday.

[…]

An AG spokesman, Alejandro Garcia, said Tuesday that the report was written by a group of lawyers who “were not involved in the underlying matters that were the subject of the report.” He did not respond to questions about why the office was declining to provide their names.

In response to an open records request by Hearst Newspapers, the attorney general’s office said it cannot calculate the cost to taxpayers of the 10-month internal investigation because the authors belong to the executive administration and do not keep timesheets. Lauren Downey, the agency’s public information coordinator, would not name the authors, saying the office did not have a list.

Under the General Appropriations Act, the state’s biennial budget, the office is required to “continue an accounting and billing system by which the costs of legal services provided to each agency may be determined.”

The internal report contains multiple references to Webster, including one instance in which Webster told the Travis County District Attorney’s office attorneys that he was conducting an investigation in an Oct. 8 email.

“General Paxton recently appointed me to be his First Assistant Attorney General,” he wrote. “One of my tasks is to collect our agency documents and other evidence to determine what has transpired internally with our agency … If you have any documents or email communications you are willing to release to me that would assist me in understanding what has transpired, I would appreciate it.”

Webster’s name also appears in annotations on various documents included in the report, and he is described at least five times in the report as someone asking questions of others at the agency or collecting information about whistleblower-related issues.

See here for the background. We’re not going to tell you who wrote this thing, we’re not going to tell you how much it cost to write it, and you’re just going to have to take our word on everything because we’ve established such a long track record of truthfulness and reliability. I think that about covers it.

Stop investigating yourself, you’ll go blind

There’s not enough snark on the Internet for this.

Best mugshot ever

Texas Attorney General Ken Paxton’s office on Tuesday released an internal report that found that Paxton did not accept bribes and did not misuse his office to benefit his friend and campaign donor Nate Paul, despite a continuing FBI investigation of the matter.

The office did not immediately respond to questions about who completed the unsigned report, or why the office handled the matter internally, rather than hiring outside investigators to avoid a possible conflict of interest.

The bribery and abuse of office accusations were made by eight of Paxton’s top aides last fall. Four of the whistleblowers have sued Paxton for retaliating against them for reporting him to law enforcement.

“The takeaway from this internal report is that, although Ken Paxton remains under active federal investigation, the people who still work for Paxton say he did nothing wrong,” the whistleblowers’ attorneys said in a joint statement. “Of course, the one-sided internal report is full of half-truths, outright lies, and glaring omissions.”

The attorneys added that it was notable that “whoever in Paxton’s office wrote this report was not willing to put their name on it.”

The “report”, if you can even call it that, is here. The only appropriate response to this is guffaws and mockery, so I’ll start with my own.

OK, fine, a little sober skepticism is all right, too.

You can read the rest yourself. Honestly, this is one of those situations where the headline to the story tells you all you need to know. Save the self-serving BS for the appellate court and quit insulting our intelligence, please. The Trib, which has quite a few details, has more.

Another ruling to allow whistleblower lawsuit against Paxton to proceed

So much for all the lawyers to do.

Best mugshot ever

A state judge has rejected a bid to dismiss a whistleblower lawsuit filed by four former executives at Attorney General Ken Paxton’s office who said they were fired in retaliation after accusing their boss of misconduct.

In a brief order issued Tuesday evening, state District Judge Amy Clark Meachum gave no reasons for allowing the lawsuit to continue.

Shortly after the ruling, however, the attorney general’s office notified Meachum that it had filed an appeal, halting further action on the case, including a planned April 5 hearing on a request by two of the whistleblowers to be reinstated to their jobs.

[…]

During a March 1 hearing on the motion to dismiss, Bill Helfand, an outside lawyer hired to defend the attorney general’s office, argued that there was no basis to sue because Paxton was allowed to fire the employees for any reason.

“Texas employees of any elected official always serve at the pleasure of the elected official,” Helfand told Meachum.

[…]

Meachum’s ruling on the motion to dismiss was delayed by an earlier appeal from Helfand, who objected when Meachum called a second hearing on March 1 — to consider whether to reinstate the jobs of two whistleblowers — without ruling on his motion to dismiss.

Helfand argued that no further action could be taken until his motion was ruled upon because it questioned whether Meachum had jurisdiction to hear the lawsuit. Meachum disagreed, held the second hearing, heard from two witnesses and recessed the hearing for the night, but her plans to resume March 2 were blocked by the 3rd Court of Appeals while it considered Helfand’s appeal.

The appeals court rejected that appeal on March 12, leading to Meachum’s ruling Tuesday.

See here and here for some background. I’m honestly a little confused by what that “April 5” hearing was supposed to be about. Clearly, I’ve missed a story or two along the way, but the gist appears to be that there was a motion to dismiss by Paxton and a motion to reinstate two of the fired employees that Paxton objected to, and along the way there have been rulings and appeals and now here we are. According to Chuck Lindell, the 3rd Court of Appeals will have a hearing on September 22, presumably to consider the ruling that the lawsuit can proceed. Maybe it will be more clear at that time. Mark your calendars and we’ll see.

Whistleblowers respond to Paxton’s appeal brief

That title is a dry way of saying that they basically accused him of lying in his filing to the 3rd Court of Appeals.

Best mugshot ever

A group of former top aides to Texas Attorney General Ken Paxton reiterated in a court filing this week that they believe Paxton committed crimes while in office, and suggested that Paxton is intentionally mischaracterizing witness testimony in their whistleblower case against him for political reasons.

The aides are taking issue with a brief and a press release issued on June 2 where Paxton’s lawyers asked the 3rd Court of Appeals to throw out the case four aides filed against the state’s top lawyer in which they allege he fired them for reporting his alleged illegal behavior to federal and state authorities. Paxton, who has denied the charges, said he fired aides last year because they had gone “rogue” and made “unsubstantiated claims” against him.

Paxton’s lawyer said in June that in a trial court hearing on March 1, former First Assistant Attorney General Jeff Mateer would not say he specifically saw Paxton commit a crime, but only that he had “potential concerns” about Paxton’s dealings with real estate developer Nate Paul. Paul is a political donor and friend of Paxton who the whistleblowers allege Paxton helped with his legal issues in exchange for personal favors.

Paxton’s lawyers argued that the appeals court should overturn a trial court decision denying the Office of the Attorney General’s plea to dismiss because the court doesn’t have the jurisdiction to hear the case.

But in a new brief filed on Monday by the whistleblowers’ lawyers, they argue Paxton’s lawyers took the exchange they cited out of context to argue Mateer never saw Paxton commit a crime. They said Mateer’s comment was in response to a specific question about whether any employees raised concerns about Paxton’s behavior in June 2020, three months before former employees reported Paxton’s behavior to law enforcement.

“This claim distorts Mateer’s testimony,” the brief states. “In fact, Mateer testified unequivocally that he believed at the time of Appellees’ FBI report—and still believes today—that Paxton committed crimes, including abuse of office and bribery.” They also point out that Mateer signed a letter on Oct. 1, 2020 that alerted the attorney general’s office that the whistleblowers had reported Paxton’s behavior to the FBI, further proving Mateer believed Paxton had violated the law.

[…]

The whistleblowers’ attorneys say the AG’s office did not accurately explain to the appeals court that Mateer’s potential concerns were specifically in response to a question about Paxton and Paul’s relationship in June 2020.

“OAG took even greater license in its [June] press release, predicting victory because its brief shows that Mateer “swore under oath that Paxton committed no actual crimes,” the lawyers wrote in a footnote in the brief. “Given the … OAG’s mischaracterization of what Mateer ‘swore under oath,’ perhaps this portion of OAG’s brief was written for an audience other than the justices of this Court.”

A lawyer in the case told The Texas Tribune they believed the press release was written for Paxton’s supporters and Texas voters, rather than to make a legal argument.

See here for the previous update. That last paragraph is both shocking and completely on brand. A press release is of course not the same thing as a legal filing, but in general judges tend to take a dim view of lawyers misrepresenting the facts. If what the plaintiffs are saying here is accurate, I would think that the Third Court justices might have some sharp words for Team Paxton. And yes, as noted in the story, that press release came out just before P Bush officially launched his challenge against Paxton. Totally coincidental, I’m sure.

The lawyers asked the 3rd Court of Appeals to consider this appeal without hearing oral arguments. If the court decides to hear arguments, the aides requested it happen as quickly as possible.

The four former aides also laid out in detail in the filing the specific instances where they believe Paxton broke the law.

We’re familiar with the outline of the charges the plaintiffs have made against Paxton, but go ahead and read on if you want to remind yourself. The reasons behind Paxton’s bizarre, corrupt actions are still unclear – one assumes that financial reward was part of it, and if the allegations about Paxton’s affair are true that likely was a factor as well – but there’s no good way to spin them if they happened as alleged. It’s hardly bold to say that Ken Paxton has no integrity, but it’s still appalling to see the things he is said to have done. And if the Third Court agrees that oral arguments aren’t needed, that would be pretty amazing as well.

Paxton appeals to 3rd Court to dismiss whistleblower lawsuit

Next stop on the train.

Best mugshot ever

In an 85-page brief filed Tuesday with the 3rd Court of Appeals, Paxton’s lawyers argue that under state law, a whistleblower must believe someone has broken the law, but the aides only reported that “they expected laws might be violated.” As a result, they argue, the court should overturn a trial court decision denying the Office of the Attorney General’s plea to dismiss because the court doesn’t have the jurisdiction to hear the case. The lawyers have repeatedly argued Paxton cannot be sued under the Whistleblower Act because he is not a public employee.

This appellate brief was made public hours before Texas Land Commissioner George P. Bush is expected to announce at an event that he will run against Paxton for attorney general. Bush has made the allegations of Paxton’s former aides and separate felony securities fraud charges against Paxton a line of attack as he prepares to announce his run.

In particular, the brief states that at a March 1 hearing on the case, one of the whistleblowers who is not a plaintiff in the suit, former First Assistant Attorney General Jeff Mateer, would not specifically state that he saw Paxton commit a crime.

“Instead, he explained he ‘had potential concerns,’ and that he and his colleagues concluded that ‘had they gone down this path, would be in a position to assist and/or cover up with what … would be a crime,’” the brief states.

“… Speculative concerns about potential future illegal activity do not fall within the [Whistleblower] Act’s narrow scope,” it states.

Mateer did not immediately respond to a request for comment. In a statement, Carlos Soltero, the attorney representing appellee David Maxwell, said the four aides are “far from ‘rogue.'”

“They did exactly what Texans would hope their public servants would do,” Soltero said. “They reported corruption to the FBI and the Texas Rangers. Now, after Paxton lost his first appeal, lost at the trial court again, he brings yet another appeal to avoid testifying like he has something to hide.”

[…]

The brief argues the plaintiffs have not provided specific proof of a bribe by Paxton or Paul, but only speculated they “might” have had business dealings.

“None of these allegations of perfectly lawful conduct come close to making out a claim for bribery,” the brief states.

See here for the update. What Paxton is claiming is that these attorneys, his former top assistants, that he fired do not have any grounds to sue him under the Whistleblower Act because they didn’t have proof that he was committing a crime at the time. They only had serious concerns that he was committing a crime, and that’s not good enough. I guess the average news consumer doesn’t have the wherewithal to understand the finer points of the legal arguments being made – in the end, if he wins he’s just going to claim he was being railroaded by a bunch of whiny liberal losers anyway – but if one tries to parse the lawyerese, it sure doesn’t paint him in the most flattering light. This isn’t a full-throated assertion of innocence, it’s a “well, actually, you can’t prove any of that, so I win”. You play the hand you’re dealt, I suppose. We’ll see what the Third Court makes of it.

Paxton whistleblower lawsuit can proceed

First step in a long road.

Best mugshot ever

The 3rd Court of Appeals on Friday denied a petition from Texas Attorney General Ken Paxton’s office to stop a trial court hearing in a suit filed by whistleblowers who claim they were wrongfully terminated after reporting Paxton to law enforcement for alleged bribery and other public corruption.

Attorneys for the office did not immediately respond to a request for comment, but they are likely to appeal the decision to the Texas Supreme Court.

“We were pleased, but not surprised, by the 3rd Court’s ruling,” said Carlos Soltero, who represents David Maxwell, the agency’s former director of law enforcement who was fired in November. “This brings us closer to being able to move forward and present our case on the merits, which we are looking forward to doing.”

[…]

A Travis County trial court on March 1 heard a motion by Paxton’s attorneys to dismiss the case. When the judge left the issue under advisement and continued on to entertain an injunction hearing in the case, Paxton’s attorneys appealed, arguing she needed to first rule on the motion to dismiss before proceeding. The appellate court temporarily stayed all further action in the case; the stay was lifted with Friday’s order.

We know about the whistleblower lawsuit. Paxton’s response to the charges against him are that the Office of the Attorney General is not subject to the state’s whistleblower laws and thus this lawsuit is moot and should be dismissed. Travis County judge Amy Clark Meachum denied the motion to dismiss the lawsuit on March 1, and when she attempted to proceed to the next phase of the suit, which involved hearing from the plaintiffs, Paxton’s lawyers objected:

Bill Helfand, an outside lawyer hired to represent the agency in the whistleblower case, argued that the motion to dismiss raised questions about the appropriateness of the lawsuit that needed to be addressed before any other matters could be considered.

Meachum noted that she had made no ruling that could be appealed, but Helfand insisted that “diving into the substantive issues” of the case was no different from issuing a ruling denying the motion to dismiss, allowing him to file an appeal that should have ended matters until the 3rd Court of Appeals could rule.

Meachum disagreed and opened the second hearing, where for the first time a court heard from two of those who accused Paxton of misconduct.

The first was Jeff Mateer, the former second-ranking executive at the attorney general’s office who resigned Oct. 2, two days after joining six other top executives in telling FBI agents that he believed Paxton was misusing the powers of his office to help Austin businessman Nate Paul.

Mateer, a lawyer, said he stood by his accusations against Paxton, but when he was asked to discuss them, he was interrupted by repeated objections from Helfand, who said providing details would violate attorney-client privilege and get into internal office deliberations that could not be discussed in court.

Mateer also testified that the two executives who want to be reinstated to their jobs — David Maxwell, former director of the agency’s Law Enforcement Division, and Ryan Vassar, former deputy attorney general for legal counsel — had performed their jobs well when he ran the office.

The court also heard from Vassar, who was fired in November and testified that he had received no criticism of his job performance or reprimands before speaking to FBI agents last year. Vassar was in the early stages of his testimony and was set to resume Tuesday morning.

The Third Court of Appeals initially ruled for Paxton and halted any further testimony until it issued a decision. This was the decision, which will now be appealed to the Supreme Court. Remember how every little thing in the securities fraud case against Paxton got appealed all the way up to the Court of Criminal Appeals before anything could be done, which is why that case is more than five years old now? Yeah, that’s the likely situation here as well. The FBI can’t arrest his ass fast enough.

Has Ken Paxton been lying about his travel schedule?

Would anyone be surprised if he had been?

Best mugshot ever

When the media reported that Texas Attorney General Ken Paxton had flown to Utah with his wife in the middle of the state’s power crisis last week, Paxton called it a business trip that had been planned in advance.

Now a group of whistleblowers from his office who sparked an FBI investigation of Paxton are casting doubt on Paxton’s explanation.

In court records filed Friday, the whistleblowers say the attorney general had told a Travis County judge he could not appear at a hearing in their case because he was scheduled to be in Austin on Feb. 18 for a House appropriations committee hearing. The committee later canceled the hearing because of the state’s weather disaster.

Instead, the spokesman for Utah Attorney General Sean Reyes said Paxton met with Reyes on the afternoon of Feb. 19 and again on Feb. 21, as first reported by The Dallas Morning News. Paxton has not said when he arrived in Utah; he returned on Feb. 23.

“This begs the question: did Paxton pre-plan his Utah trip with plans to skip his legislative testimony, the hearing before this Court, or both?” the whistleblowers’ attorneys wrote in a filing Friday. “Or was Paxton simply lying to Texans about his trip to Utah having been pre-planned?”

See here for background on the Paxton travel situation, and here for the most recent update about the whistleblower lawsuit. It’s nice having a group of people who know Ken Paxton and his bullshit inside and out who are so motivated to call him on it. Other than adding to the public store of data about Ken Paxton’s dishonesty and lack of character, it’s not clear to me what effect this has on that lawsuit. The reason for asking to move the hearing was presumably legitimate, and for sure it would not have been heard on the original date once the committee meeting was canceled. I expect this is just to impugn Paxton’s credibility in the lawsuit, and to that extent it works as intended. The dude just can’t help himself. Reform Austin has more.

Quid pro Paxton

How tawdry. And I can’t wait to hear more.

Best mugshot ever

Late last year, Texas Attorney General Ken Paxton fired multiple senior aides who accused him of accepting a bribe. A court filing obtained by The Texas Tribune reveals for the first time what four of those aides believe Paxton received in exchange for helping a donor with his business affairs.

An updated version of a lawsuit filed by the four whistleblowers claims that Austin real estate developer Nate Paul helped Paxton remodel his house and gave a job to a woman with whom Paxton allegedly had an affair.

In return, the aides allege, Paxton used his office to help Paul’s business interests, investigate Paul’s adversaries and help settle a lawsuit. The claims in the filing provide even more details about what the former aides believe Paxton’s motivations were in what they describe as a “bizarre, obsessive use of power.”

“Some of Paxton’s actions directing the [Office of the Attorney General] to benefit Paul were criminal without regard to motive,” the amended petition reads. “Others were so egregious and so contrary to appropriate use of his office, that they could only have been prompted by illicit motives such as a desire to repay debts, pay hush money, or reciprocate favors extended by Paul.”

[…]

The latest filing is vague on many details. It says that Paxton purchased a home worth around $1 million in the Tarrytown neighborhood of Austin in 2018. In 2020, the filing says, the house underwent renovations, “although permitting records in Travis County could not be located.”

“In mid-2020, some of the Plaintiffs received information suggesting that Nate Paul, either personally or through [a] construction company he owns and controls, was involved in the project,” the lawsuit states.

The filing doesn’t describe the nature of Paul’s alleged involvement or how they received the information.

The whistleblowers for the first time also allege that Paxton may have helped Paul because the developer gave a job to a woman with whom he had an extramarital relationship. The lawsuit notes that the woman had no previous experience in the construction industry, “much less managing construction projects.” The woman, who the Tribune is not naming because she is not a public figure, did not return a call for comment.

See here, here, and here for some background. It’s important to remember that what have here are allegations, not evidence. This could all fall apart in court, if it ever makes it that far. Which doesn’t mean we can’t enjoy it for what it is, and hope that it all makes Paxton SO MAD. We just need to maintain perspective for the time being.

Ken Paxton couldn’t be more on brand if he tried

News item: Texas laws protecting whistleblowers don’t apply to Attorney General Ken Paxton, his agency argues in bid to quash lawsuit. Who among us didn’t already know that Ken Paxton doesn’t think the law applies to him?

Best mugshot ever

The Texas Attorney General’s Office is attempting to fight off efforts by four former aides to take depositions and issue subpoenas in their lawsuit claiming they were illegally fired after telling authorities they believed Attorney General Ken Paxton was breaking the law.

The agency is arguing that Paxton is “not a public employee” and thus the office cannot be sued under the Texas Whistleblower Act, which aims to protect government workers from retaliation when they report superiors for breaking the law.

Four former Paxton aides claim they were fired in retaliation for telling authorities they believed Paxton had done illegal favors for a political donor, Austin real estate investor Nate Paul. The whistleblowers’ allegations have reportedly sparked an FBI investigation.

In seeking reinstatement and other financial damages, the whistleblowers want to question Paxton himself under oath, as well as Brent Webster, his top deputy at the attorney general’s office, and Brandon Cammack, a Houston lawyer Paxton hired to investigate complaints made by Paul in what aides say was a favor to the donor. They also issued subpoenas to Paul’s company and a woman alleged to have been Paxton’s mistress.

[…]

The whistleblowers sought to question Paxton, Webster and Cammack under oath as soon as next week. Michael Wynne, an attorney for Paul, accepted the subpoenas for both World Class and the woman, court documents show. She could not be reached for comment and Wynne did not return a request for comment.

But in a filing last week, the attorney general’s office asked the judge to quash the depositions and the subpoenas, and prevent the whistleblowers from conducting any discovery.

“The OAG is doing everything they can muster to avoid having Ken Paxton answer basic questions under oath about the facts,” said Carlos Soltero, an attorney for one of the whistleblowers.

Instead, the agency said, the Travis County judge should dismiss the case entirely on procedural grounds.

The Texas Whistleblower Act — the basis for the lawsuit — is designed to provide protection for public employees who, in good faith, tell authorities they believe their superiors are breaking the law. But the attorney general’s office claims the agency cannot be sued under the law because Paxton is an elected official.

“The Attorney General is neither a governmental entity nor a public employee and, thus, the Whistleblower Act does not extend protection to reports of unlawful conduct made against the Attorney General personally,” the agency argued. “The Act does not apply… for reports made about actions taken personally by the elected Attorney General.”

Comparing Paxton’s authority to that of the president of the United States, the agency claimed that the attorney general had the right to fire the employees, despite their claims of retaliation.

Under that theory, “he’s saying that elected officials aren’t accountable” for violating the Whistleblower Act, said Jason Smith, a North Texas employment attorney who has handled whistleblower cases.

“It appears that General Paxton is trying to get off on a technicality that doesn’t exist,” he added.

See here and here for the background. I don’t have anything clever to add here, just that I hope this defense is as successful as his lawsuit to overturn the Presidential election was.

Paxton denies whistleblower allegations

Pretty standard response.

Best mugshot ever

The Texas attorney general’s office will pay outside counsel $540 an hour to defend the state agency against accusations that it was retaliating against top aides when it fired them just weeks after they reported their boss, Ken Paxton, to authorities for possibly breaking the law.

William Helfand, a Houston attorney with Lewis Brisbois Bisgaard & Smith LLP, will make $540 per hour for his work on the case while an associate attorney and a paralegal will make $350 and $215 per hour, respectively, according to a contract with the agency.

They filed the agency’s first official response Monday to a lawsuit filed by four of eight whistleblowers who left the agency after leveling the accusations. Paxton’s attorneys roundly rejected pages and pages of allegations of wrongdoing and retaliation in just a few brief sentences.

The agency “generally denies each and every claim and allegation” made by the whistleblowers, attorneys for the state wrote in the brief filing.

“Any action Plaintiffs allege to be an adverse employment action was the result of each Plaintiff’s own misconduct, lack of competence, and/or disloyalty to the Office,” the outside attorneys for the agency wrote.

Paxton is reportedly being investigated by the FBI over the allegations raised by the aides.

Separately, he has been under indictment since 2015 on felony securities fraud charges but has yet to stand trial amid side issues over venue and prosecutor pay. Notably, his defense team and political allies have loudly objected to the special prosecutors in the case making $300 per hour — far lower than the pay scale for the outside attorneys in the whistleblower case.

That point was not lost on Brian Wice, one of the special prosecutors, who said it was “ludicrous for Paxton to believe that a seven-year attorney, not to mention a paralegal, should be paid more for defending him than two lawyers with over 80 years of combined experience should be paid for prosecuting him.”

“And it is outrageous that the taxpayers of Texas will be obligated to pay the legal fees for defending Paxton’s alleged misconduct that has reportedly triggered an FBI investigation,” Wice added.

See here and here for some background. Even I recognize this as Basic Lawyering 101, nothing new or unusual to see here. Where it gets exciting is in discovery, where Paxton will have to start coughing up some documents. As for how much the defense attorneys are being paid, as a theoretical matter the office of Attorney General deserves competent representation in matters like this. But the same is very much true for the special prosecutors, who have had to deal with a huge amount of political interference on Paxton’s behalf just to get paid. Surely if Paxton’s defense attorneys are worth that kind of fee, then we ought to see Brian Wice and Kent Schaffer as relative bargains. At least if Paxton does eventually get busted by the FBI, it’ll be the feds paying for that trial. In this case, we know Ken Paxton is going to raise money off of his latest legal travails. If the plaintiffs win, he can damn well kick in some of that loot to pay for the defense of his misdeeds.

The last whistleblower

Nothing like a fully cleaned house.

Best mugshot ever

The Texas attorney general’s office has fired the last remaining whistleblower who alleged Ken Paxton broke the law in doing favors for a political donor — just days after aides had sued the agency alleging they suffered retaliation for making the report.

Deputy Attorney General for Legal Counsel Ryan Vassar — who had already been placed on paid leave — was fired Nov. 17, according to internal personnel documents obtained by The Texas Tribune, making him the fifth whistleblower to be fired from the agency in less than a month. The three others who reported Paxton to law enforcement have resigned.

On Nov. 12, Vassar and three of his former colleagues filed a whistleblower lawsuit against the Texas attorney general’s office, claiming they had suffered retaliation after they told law enforcement they believed Paxton broke the law by using the agency to serve the interests of a political donor and friend, Nate Paul.

Joseph Knight, Vassar’s attorney in the lawsuit, said the justification Vassar was given for his termination amounted to “made-up, nonsense reasons” — and that he believes the firing was an act of retaliation. Vassar was hired by the agency in 2015.

Neither the attorney general’s office nor Ian Prior, a political spokesman for Paxton, returned requests for comment on why Vassar was terminated, though Prior has said previous terminations were not acts of retaliation but rather related to policy violations.

See here for more on the whistleblowers’ lawsuit. As we know, the FBI is investigating Paxton for the allegations that have been leveled against him regarding Nate Paul. Nothing else new to report here, so just let the anticipation wash over you.

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.

Oh, yeah, more Paxton news

The damn election has made it so hard to keep up with L’Affaire Paxton, and I use that term with a bit of a wink, as you’ll soon see. I’ve got four stories to catch you up on, and the last one is a doozy. Let’s take them chronologically. First up, from last week (too much news!), we have this AP story about the complaint Nate Paul filed that led to the Paxton investigation that led to all his top deputies accusing Paxton of taking a bribe.

An Austin real estate developer at the center of recent allegations against Texas Attorney General Ken Paxton asked for an investigation into his uncorroborated claims that other businessmen have an elaborate conspiracy to steal $200 million worth of his properties with the help of a federal judge.

The Associated Press obtained a copy of a Nate Paul’s undated complaint, which reveals that the developer’s claims focused on his business to an extent not previously known and raises new questions about the Republican attorney general’s handling of allegations made by a wealthy donor.

After Paxton hired an outside lawyer to investigate Paul’s claims, his seven top deputies reported the attorney general to the FBI for alleged abuse of office, bribery and other crimes linked to his relationship with Paul.

In his complaint to prosecutors in Austin, Paul said the owner of a chain of Texas car dealerships schemed with lawyers, investors and others to seize his assets. The developer accuses 11 people of an intricate fraud that was allegedly set to include the judge and another court-appointed official facilitating a “rigged auction.”

The signed, 10-page “request to investigate” is one of two from Paul that were referred to Paxton’s office, setting off the remarkable revolt by the Republican’s staff.

Paul’s complaint is largely based on things he says he heard second-hand. Many of those accused are in business and legal fights with Paul, and some derided his claims as ridiculous. None have been charged with crimes.

A retired FBI agent who reviewed the complaint called the plot as likely as “winning the lottery.”

“I’m confident these allegations are all a bunch of complete nonsense,” said Keith Byers, an attorney in the Houston area who previously oversaw FBI public corruption cases. “The unfortunate part of this is that the good name of a seemingly reputable judge is being smeared by these wild and farcical allegations.”

[…]

Paul’s lawyer, Michael Wynne, said his client has “significant evidence” to support his allegations but declined to elaborate. “I will reserve further comment since this is an ongoing investigation,” he said.

I’ll bet you do, sunshine. I’m skipping the details because my eyes kind of glazed over, but you get the picture. Remember, Paxton’s staff looked into this and concluded it was without merit. It was then that Paxton hired the wet-behind-the-ears “special prosecutor” Brandon Cammack to continue “investigating” under his direction, and that’s when his staff rebelled. It got ugly from there.

Best mugshot ever

At a senior staff meeting one Thursday morning in May, with much of the Texas attorney general’s office working from home and morale seeming low, Texas Attorney General Ken Paxton arrived at the Price Daniel Sr. State Office Building in downtown Austin with a surprise honor for a top deputy: a copy of “Scalia Speaks,” the late conservative U.S. Supreme Court justice’s book.

Paxton had inscribed it with a congratulatory note for Blake Brickman, and presented it personally at the meeting of about 20 people.

“Blake, I am so grateful you joined our team at the Texas AG’s office,” Paxton wrote in blue ink, honoring the top deputy in a new, if short-lived, tradition, according to two people who attended the meetings. “I am confident that you will continue to make a difference for our office and all of Texas.”

Lacey Mase and Ryan Bangert, two other senior aides, would soon win similar accolades. But by October, Paxton had publicly disparaged Brickman, Mase, Bangert and several of his other most senior aides as “rogue employees” — and by the first week of November, Paxton had fired Brickman, Mase and two other top aides.

The week before his termination, Brickman had told the agency’s human resources department, in a formal complaint obtained by The Texas Tribune, that he was being blocked from meetings and prevented from seeing critical documents; that he believed his computer was being monitored; and that a superior had brought an armed “sergeant” to a staff meeting. His allegations echo formal complaints filed by five other whistleblowers.

The abrupt change, interviews and internal agency documents show, came after seven senior aides and whistleblowers in the attorney general’s office— Brickman, Bangert and Mase among them — reported Paxton to law enforcement on Sept. 30, alleging criminal violations. An eighth senior aide made a similar report to authorities on Oct. 1.

[…]

In their complaints, several of the whistleblowers allege that Paxton and First Assistant Attorney General Brent Webster, who Paxton hired to replace Mateer Oct. 5, created a “hostile environment” after they reported Paxton to law enforcement.

On Oct. 5, Webster’s first day at the agency, an armed guard was posted on the eighth floor of the Price Daniel Sr. building, where the agency’s executive team works, according to the complaints.

Bangert wrote that he asked Webster why the guard had been brought there — since he had never observed someone stationed there before — and that Webster said the guard was there for Webster’s own protection, as “he trusted no one and was not about [to] ‘leave his flank exposed.’”

“Other OAG staff complained to me that the presence of an armed officer in meetings was an unprecedented attempt by Mr. Webster to intimidate senior members of OAG staff on his first day as First Assistant,” Brickman wrote in his complaint.

On the same day, Bangert wrote in his complaint, a large stack of empty cardboard boxes was delivered to the eighth floor — which he considered an unspoken signal “that we were to pack our personal belongings in those cardboard boxes and leave.”

During a senior staff meeting on Oct. 8, a week after the group reported Paxton to law enforcement, McCarty asked Paxton and Webster whether the office would continue to publicly disparage whistleblowers. The agency had called them “rogue” and told reporters, without providing evidence, that it was investigating their behavior. There was no answer to McCarty’s question, according to several of the complaints.

The whistleblowers reported being excluded from meetings, sidelined from their routine job responsibilities and denied access to documents they needed to perform their duties.

Several also wrote that they believed superiors at the agency were monitoring them through their electronic devices.

You really need to read that whole story. The armed guard is just off the charts bizarre. These were apparently exemplary employees, with stellar personnel records, who suddenly became rogue and insubordinate rule-breakers in record time. All are now gone from the office, having been fired or resigned. (That’s story number 3, I’m skipping it because there’s not much to add from it.) As I’ve said before, even if Paxton is telling the truth about this, it sure doesn’t say much about him as a manager, if all these people he once trusted turned out to be such scurrilous characters.

And then there was this, which totally dropped my jaw.

Texas Attorney General Ken Paxton had an extramarital affair with a woman whom he later recommended for a job with the wealthy donor now at the center of criminal allegations against him, according to two people who said Paxton told them about the relationship.

The two people, who spoke to The Associated Press on condition of anonymity due to fears about retaliation, said the high-profile Republican official acknowledged the affair in 2018 to senior members of his office and political staff. They said he told them that he had ended the affair with the woman, who then worked for a GOP state senator.

Austin developer Nate Paul said in a deposition this week that Paxton recommended the woman for her job with Paul’s real estate company, according to a transcript of his deposition obtained by the AP. The woman had stopped working as a Senate aide at the end of 2019, though her reason for departing wasn’t immediately clear.

Paul’s hiring of the woman at Paxton’s recommendation sheds new light on the relationship between the two men.

[…]

During his Monday deposition, Paul explicitly denied employing the former Senate aide at his company, World Class, as a favor to Paxton.

“World Class has hundreds of employees, including (the woman), and in accordance with federal and state laws does not invade their privacy including to inquire about their personal lives,” the developer’s lawyer, Michael Wynne, said in an email.

The woman is named in a transcript of Paul’s deposition and both people who said Paxton told them of the affair independently identified her by name. She did not respond to multiple requests for comment. AP is not naming her because she is not a public figure.

Under questioning during the deposition, Paul said he did not know how the woman he hired and the attorney general knew each other. He said he couldn’t recall how long the woman had worked for him, what she was paid and whether he met her before or after Paxton recommended her.

The senator’s office has not responded to requests for comment. The woman’s personnel records are blank where the reason for her departure would be indicated.

[…]

Paxton acknowledged his affair with the woman during his hard-fought 2018 reelection campaign at least partially out of concern that it would become public, the people who he told about it said.

That September, Paxton gathered a small group of top staff in his Austin campaign office. A person who attended the meeting said Paxton and his wife, state Sen. Angela Paxton, walked into the conference room holding hands. The attorney general told the group he had an affair but had since ended it and recommitted to his marriage, the person said.

Damn. I don’t know about you, but I sure don’t remember hearing about this two years ago. And look, it’s not like having an affair makes you unfit for holding public office, but let’s just say I have less patience with people who are such strong defenders of “traditional marriage” who it turns out don’t seem to have all that much respect for their own marriage vows. I didn’t think it was possible for me to think less of Ken Paxton than I already do, but here we are. Who knows what we’ll find out about him next.

UPDATE: Meant to point to this Twitter thread by DMN reporter Lauren McGaughy as well.

Paxton completes his housecleaning

Only loyalists left.

Best mugshot ever

The last of the seven top aides who accused Texas Attorney General Ken Paxton of criminal violations has resigned from the agency.

Ryan Bangert, who served in one of the agency’s highest posts as deputy first assistant attorney general, resigned Wednesday, he told The Texas Tribune. The attorney general’s office did not respond to a request Wednesday seeking to confirm Bangert’s employment status.

“It has been my honor and privilege to serve alongside the men and women of the Office of the Attorney General,” Bangert said in a statement. The Dallas Morning News first reported the information.

Two of the other whistleblowers were fired last week, two more were put on leave, and two others have already resigned — leaving the sprawling agency without seven of its top officials. A spokesman for Paxton denied that the firings were retaliation, citing unspecified violations of agency policy.

See here for the previous update. Just a coincidence that this all happened at this time, I’m sure. Having such a mass exodus, mostly forced, of one’s most trusted staff isn’t a great sign no matter how you spin it. Even if we believe Paxton’s story that a bunch of rogue underlings cooked up this lie about him to distract from their own bad behavior, the fact would remain that he hired and trusted all those people who then went on to do such bad things. I’ll agree that’s better than if those allegations about him are true, but it still paints a picture of a guy who isn’t good at his job. But better incompetent than incarcerated, I suppose. Only if you buy his story, of course. And I see no reason to do that.

Time to check in on Ken Paxton again

It’s good to know, in times of crisis, that there are friendly fake media outfits one can run to to deny all the allegations against you.

Best mugshot ever

When Texas Attorney General Ken Paxton decided to break his silence about accusations by his top aides that he had committed crimes including bribery and abuse of office, he turned to a little-known legal outlet called the Southeast Texas Record.

In the exclusive interview, he trashed the aides and claimed that before his top deputy resigned, Paxton had planned to put him on leave anyway.

The website where that interview was posted has been identified as part of a national network of some 1,300 pay-for-play news websites that publish on-demand coverage for Republican political campaigns and public relations firms. According to The New York Times, those websites, whose names sound like ordinary local news outlets, have received at least $1.7 million from Republican political campaigns and conservative groups.

Ian Prior, who promoted the story for the Paxton campaign, denied to The Texas Tribune that the campaign had paid the outlet to run the story — “definitive no,” he said — saying he had merely reached out to set up an interview with an outlet that had already covered the story.

The Southeast Texas Record describes itself as a legal outlet focused on informing readers about the courts, with a weekly print edition published on Sundays.

After the interview was published, Prior shared it with reporters via email.

He declined to answer questions about why the campaign chose a little-known legal publication as opposed to a news outlet with wider readership, such as The Dallas Morning News, Houston Chronicle or Austin American-Statesman, which had all been following the Paxton story closely.

“Appreciate the question but not going to get into [public relations] strategy/discussions,” Prior said in a text message Tuesday.

[…]

In the Oct. 13 Paxton story, the Record foregrounds Paxton’s point of view in the ongoing scandal and elaborates less on the allegations against him, which remain murky, with federal authorities refusing to confirm whether there is an investigation into Paxton’s behavior at all. The author, David Yates, writes that Jeff Mateer — the top Paxton deputy who resigned after accusing his boss of criminal wrongdoing — did not return requests for comment.

It gives no indication that the author attempted to reach David Maxwell or Mark Penley, two top aides whose work is questioned in the story and whom Paxton placed on leave from the agency.

And the story elides details that raise questions about Paxton’s role in the scandal. In an internal email that was obtained by the Tribune, top aides alleged Paxton was using the power of his office to help a donor, real estate investor Nate Paul, who accused federal authorities of wrongdoing after the FBI raided his home and office in 2019. Paxton has claimed his office was investigating Paul’s allegations merely because local authorities in the Travis County district attorney’s office referred the complaint to the agency. But Travis County DA Margaret Moore has disputed that timeline, telling reporters that Paxton sought a meeting with her office about the complaint before it was referred.

The Record story does not include those details, nor does it extensively detail the accounts of the seven senior aides who have leveled accusations against Paxton.

The strategy is obvious: Talk to friendly people who won’t ask any embarrassing questions, and avoid any outlets that will probe or push back. That way, the core supporters will only hear your side of the story and can thus dismiss anything that comes out elsewhere, since it’s not from a “trusted” source. This doesn’t stop all the bad information from getting out, but it does put a barrier up to it for the base.

Also, the retributions have begun.

Lacey Mase, one of the top aides who accused Texas Attorney General Ken Paxton of crimes including bribery and abuse of office, has been fired, she told The Texas Tribune on Tuesday evening.

“It was not voluntary,” she said, but declined to comment further.

Mase was hired in 2011 and worked most recently as the deputy attorney general for administration. Paxton’s office did not respond to a request for comment Tuesday.

[…]

Mase’s personnel file, obtained through a public records request, shows she rose quickly through the agency’s ranks, earning frequent promotions. She was promoted as recently as Sept. 1, 2019, earning a nearly 12% pay bump to $205,000 annually. When Mase was promoted in April 2018, a supervisor wrote that she “consistently exceeded standards” in all her roles at the agency. Her salary has multiplied over the past few years, from $50,000 in 2013 to more than $200,000 most recently.

Texas law “protects public employees who make good faith reports of violations of law by their employer to an appropriate law enforcement authority,” according to the Texas attorney general’s website. “An employer may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who makes a report under the Act.”

Firing Mase so soon after she and the other top aides made their report is “suspicious,” said Jason Smith, a North Texas employment attorney who has handled whistleblower cases and who worked in the attorney general’s office in the 1990s.

“This looks and smells like classic whistleblower retaliation,” Smith said. “This situation looks like what the Texas Whistleblower Act was designed to prevent. And the timing looks bad.”

Smith said the aides appear to have taken all the proper steps to invoke whistleblower protections, reporting suspect behavior to “an appropriate law enforcement authority” as specified in the law, and making their employer aware of the allegations through the letter to human resources. The aides used that exact language — “appropriate law enforcement authority” — in their Oct. 1 letter to the agency.

I mean, maybe there was a reason for this, but it sure looks suspicious, and there’s no way Ken Paxton deserves any benefit of the doubt. And hey, now there’s a pattern.

A second whistleblower has been fired from the Texas attorney general’s office after reporting his boss, Texas Attorney General Ken Paxton, to law enforcement for crimes including bribery and abuse of office, according to a former senior official with the agency who had knowledge about the firing but did not want to be named for fear of legal repercussions.

Blake Brickman, who had served as deputy attorney general for policy and strategy initiatives for less than a year, was fired Tuesday, the official said.

[…]

Brickman and Mase were among seven top aides in Paxton’s office who alerted law enforcement weeks ago that they believed their boss had run afoul of the law. In internal emails obtained by the Tribune, they accused Paxton of using the power of his office to serve the financial interests of a donor, Nate Paul.

I mean, once you’ve fired one whistleblower, why not go all in and fire another? In for a penny and all that. I hope Ms. Mase and Mr. Brickman find themselves some good employment attorneys. The Chron has more.

Greg Abbott sure doesn’t like whistleblowers

He sure does seem to have a lot of them, though.

You want to be the boss, you get to deal with boss problems

The office of Attorney General Greg Abbott — the Republican gubernatorial candidate — is appealing a whistleblower’s lawsuit and $1.2 million verdict, arguing that an El Paso jury was wrong when it decided that the agency fired an employee in retaliation for alerting supervisors to internal wrongdoing.

The jury awarded damages last year to Laura Rodriguez, a veteran employee of the agency who argued that she was fired after blowing the whistle on alleged insurance fraud by a coworker. Abbott’s office says there is a “complete lack of evidence” that she was fired in retaliation.

It is the second whistleblower lawsuit against the office of Abbott to grab recent headlines. It comes amid a pitched political battle between Abbott and state Sen. Wendy Davis, the Democratic gubernatorial candidate, who has made the whistleblower cases a campaign issue.

In the El Paso case, an appeal that Abbott’s office filed last week outlines Rodriguez’s allegations. Rodriguez was working as an office manager in December 2008 in the attorney general’s El Paso Child Support Division when she discovered potential insurance fraud in her office, according to court documents. She learned that her executive assistant and longtime friend, Debra Galindo, was requesting to add a child as a dependent to her state-provided insurance plan. In her request, Galindo claimed that the child in question was her niece, but Rodriguez knew that the child was actually the girlfriend of Galindo’s son. Rodriguez reported the matter to an ethics adviser in the AG’s office on Jan. 5, 2009, and Galindo was suspended for five days, according to the legal filings.

Rodriguez was fired on April 8, 2010. Less than a month later, she filed a lawsuit against Abbott’s office under the Texas Whistleblower Act, arguing that she was terminated because she had reported her coworker’s misconduct. The AG’s office contended that Rodriguez was fired for many reasons, including a “significant backlog” in her office. The state lawyers argued that there was insufficient evidence to link the firing to Rodriguez’s whistleblowing.

A jury in El Paso, however, decided it had sufficient evidence of retaliation and awarded Rodriguez $1.2 million.

“This lady had been with the AG’s office for 29 years or so,” said Rosemary Morales Marin, Rodriguez’s lawyer. “She was an exemplary employee in every position that she held in the agency, even to the point that her supervisor had written a letter to her parents telling them what a fantastic employee she was.”

My, my. I will say that unlike the other case, there’s no immediately clear reason why there might have been retaliation against the whistleblower. There may well be something below the surface, but it’s not like the interests of the AG’s office itself were at stake here. Be that as it may, we now have a pattern of behavior, and I’d say it’s worth exploring in more detail. I wonder if there will be more shoes like this to drop.