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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.

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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.

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