The Implications of Impeachment for Texas Attorney General Ken Paxton

Ken Paxton, Texas attorney general, speaks during a news conference outside the Supreme Court in Washington, D.C., U.S., on Monday, Sept. 9, 2019. A group of 50 attorneys general opened a broad investigation into whether advertising practices of Alphabet Inc.'s Google violate antitrust laws. Photographer: Andrew Harrer/Bloomberg via Getty Images

The Texas House of Representatives has voted to impeach Texas Attorney General Ken Paxton this Saturday over charges that include but are not limited to constitutional bribery,

misapplication of public resources, unfitness for office, false statements in official records, and

conspiracy and attempted conspiracy. With the Texas Constitution requiring a 2⁄3 vote from the House to impeach elected officials, the number of votes exceeded the requirement substantially.

Considering Texas’ status as a state trifecta for a multitude of decades, it is incredibly

unprecedented for an elected official to be impeached, especially one hailing from the majority party. In its history, Texas has only impeached two elected officials, state district judge O.P. Carillo in 1975, and Governor James Ferguson in 1917 both of which were infamous for improper allocation of state resources.

Paxton’s career as Texas’ attorney general has been contentious since its inception. Paxton has been under indictment since 2015, a year after his election to Attorney General in 2014, on state securities fraud and has been under fire since 2020 for allegedly abusing office for the benefit of a wealthy donor. An FBI investigation was launched regarding this matter however, Paxton and his accusers reached a $3.3 million settlement that was to be paid by the state. The twenty counts of impeachment contained in House Resolution 2377 allowed for Paxton to be officially impeached where he will be removed from office temporarily awaiting a hearing from the Texas Senate. With his impeachment, Governor Greg Abbott will be left to appoint a temporary replacement while Paxton will be prohibited from taking any part of his

responsibilities in office.

However, the impeachment of Attorney General Paxton has deeper implications about the

status of Texas politics and division within the GOP that is coming to light. Despite

endorsements and support from highly influential figures within politics such as former President Donald Trump, Senator Ted Cruz, Lt. Governor Dan Patrick, and Governor Abbott, the Republican-dominated House proceeded to spearhead impeachment charges against the

Attorney General. Supporters of Paxton have claimed that the impeachment proceedings have been rushed as the resolution highlighting the charges of impeachment exceeded the required votes by 25 representatives with the Texas legislative session ending on Monday. These complaints however did not stop the sixty Republican representatives that voted in favor of the charges relating to bribery and misconduct.

The eyes of Texas politics will now shift toward the Senate where Attorney General Paxton will undergo hearing for his permanent removal from office.

Similar to the Texas House, 2⁄3 of the state’s senators must vote in favor of the impeachment

charges for Paxton to be officially removed from office. In the whole of Texas’ history, the

removal of an elected official from the majority party would be out of question. However, the

possibility of Paxton being permanently removed seems more plausible with the division present in the Texas GOP being highlighted during the House impeachment vote.

Two factors will play a substantial role in Paxton’s potential removal from office: Lieutenant

Governor Dan Patrick’s support for the Attorney General and the imminent recess of the Texas legislative session. Patrick’s role in the removal hearing over the Attorney General is key as he precedes over the many processes of the Texas Senate. Additionally, the date for Paxton’s hearing has been left purposefully ambiguous as the Texas legislature will be in recess starting this Monday at which point a hearing over the Lieutenant Governor would not be possible unless the Governor were to call an emergency meeting over this matter which is extremely unlikely.

The status of Paxton’s future and the political sphere of Texas as a whole is left up in the air as the legislative session is about to conclude. While pending allegations and indictments is not unordinary for the Attorney General, it is reasonable for Texans to be anxious about what is to come next regarding the future of the state government.

Texas has been known for its Republican-dominated government with Paxton playing a

substantial role in national conservative litigation on issues such as gun control, the Affordable Care Act, and immigration. The impeachment of the Attorney General has highlighted considerable cracks present within the Texas GOP that may be indicative of a changing political climate that is to come for Texans in the future.