This long Trib story is basically a biography of Ken Paxton, with a focus on his ethical and legal travails since 2014. Most of what’s in here you already know, but if you need a refresher or you know someone who wants to get up to speed on the saga, this would be an excellent starting point. I’m going to highlight a couple of bits, mostly from the end, to illustrate where we are now.
Although Democrats continue to make major hay of the [2015 securities fraud] charges, Paxton maintained enough support from conservatives to stay in office. Supporters compared his case to that of former Gov. Rick Perry, whose team spun the former governor’s indictment for abuse of power as a political hit job, and whose case was eventually dismissed.
With the securities fraud accusations, conservatives didn’t necessarily think Paxton was blameless — but he looked “sloppy” more than anything else, conservative political consultant Luke Macias said.
“The past accusations were more like Democrats trying to impeach Trump,” Macias said. This time is different, he said: The allegations are more serious, and they’re coming from attorneys respected on the right for their legal abilities and their conservative credentials.
Federal authorities have declined to say whether they are investigating Paxton, and the Texas Rangers said they referred complaints against Paxton to the FBI. But legal experts say it’s all but certain federal authorities are vetting the accusations against Paxton.
It would be “highly unusual” for federal authorities not to investigate, given the seriousness of the allegations and the presumed credibility of the accusers, said Edward Loya, a Dallas attorney and former prosecutor for the U.S. Department of Justice who handled public corruption investigations.
“That is a serious claim made by law enforcement professionals who, we expect, understand the gravity of such an accusation,” Loya said. He added that it’s unlikely any major developments would become public about the investigation for several months.
We may grind our teeth at Luke Macias’ words, but we must recognize that having a Jeff Mateer call Ken Paxton a crook is going to be taken more seriously by Republicans than having any Democrat call Paxton a crook. And yes, I know, it was a grand jury in Collin County that returned the indictments, but don’t let the facts get in the way of the story. Also, we need to be patient, because it will be a long time before we know for sure if this is a real thing that is going somewhere or just a lot of smoke that was never a fire.
Now, Paxton sits at the head of an agency that is hemorrhaging senior staff even as its workload — a slew of election-related lawsuits, thousands of child support cases, an argument at the U.S. Supreme Court — remains heavy and urgent.
In addition to the eight whistleblowers, Paxton has lost Ben Williams, who had worked with the attorney general since his days in the Legislature and ran Paxton’s campaign for House speaker and state Senate. Williams resigned just days after the allegations were made public. Katherine Cary, the agency’s chief of staff, was already set to retire this fall. Marc Rylander, a longtime Paxton ally and the agency’s former communications director, left in September. And Simpson, who headed the agency’s human resources department during the debacle, retired at the end of October.
At a senior staff meeting last month, before the whistleblowers had left or been fired, Darren McCarty, a former senior aide, asked Paxton whether the agency would stop bashing them in statements to the media. There was no response.
In an Oct. 16 letter to the Legislature, Paxton insisted that the agency was forging ahead full bore — a characterization some current and former agency staff members consider far rosier than the truth.
Some attorneys in litigation-heavy divisions of the agency fear his reputation will hurt their credibility in court.
“Any action taken by the AG’s office under General Paxton is suspect,” said Shane Phelps, who was a senior deputy at the agency under former attorneys general Cornyn and Dan Morales. The agency has to keep litigating its thousands of cases, on everything from child support to the death penalty, but now judges will “be on the lookout for any indication that it’s being handled irregularly, in any way that is coming from the top and for all the wrong reasons.”
“It has damaged the credibility and the ability of the AG’s office to further the interest of the state of Texas in court,” Phelps said, and “given all sorts of ammunition for anybody opposing the AG’s office in court to start talking about these things.”
“Something needs to happen,” Phelps said. “It sounds like he’s getting pretty brazen.”
I’d say Ken Paxton been pretty brazen for some time now, but I take his point. As for the current functional capacity of the AG’s office, on the one hand I’m happy to have our eventual Democratic candidate beat Paxton over the head about how his own actions have severely shackled the agency. But on the other hand, given that this AG’s office almost never does something I approve of, I’m not exactly heartbroken by this turn of events. May he stay limited in his ability to cause damage until such time as he is ejected from that office. Reform Austin has more.
(Note: This story came out one day before the four whistleblowers filed their lawsuit against Paxton. I had figured I could wait to publish this till the weekend, since it wasn’t breaking news or anything. Life comes at you fast.)