Live coverage: Second day of Texas AG Ken Paxton’s historic impeachment trial

AUSTIN — Follow here for live updates from Texas Attorney General Ken Paxton’s impeachment trial.

Paxton, a Republican who has faced legal troubles throughout his three terms as the state’s top law enforcement officer, was impeached by the GOP-controlled House in May accused of sweeping abuses, including bribery, abuse of power and obstruction of justice.

6:53 a.m.: Day 2 of Paxton’s impeachment trial

Texas Attorney General Ken Paxton has said little in public heading into this week’s impeachment trial as a gag order is place. He and wife Sen. Angela Paxton, R-McKinney, appeared at a Collin County event this holiday weekend where he lambasted the House members who impeached him and said he would love to talk about what’s coming up in the next few weeks.

After the first day wrapped up yesterday, he sent out a social media post thanking his supporters. “I will never back down for defending freedom,” he added.

5 a.m.: Testimony of first witness expected to continue

Today the trial is expected to start with continued testimony from the first witness, Jeff Mateer, the former second-in-command under Paxton. Mateer was among the eight former employees who reported Paxton to law enforcement and accused him of serious crimes.

He began describing for senators on Tuesday afternoon how he was concerned about Paxton’s involvement with Nate Paul, a real estate developer who is under federal indictment.

Lt. Gov. Dan Patrick, the Senate president, ended the proceedings early on the first day of the trial saying he would need to further address what can be used as evidence and what would be shielded under attorney-client privilege. Patrick said a decision would be made this morning.

Paxton’s side will get the chance to cross examine Mateer after the House managers finish their questioning.

5 p.m.: Trial abruptly adjourns for the day

The first day of Paxton’s impeachment trial ended about an hour earlier than expected.

At first, Patrick announced that the court would take a 5 minute break. The break lasted closer to 30 minutes, and Patrick then announced they had “a couple of things to deal with,” regarding what statements witnesses can make when it comes to legal advice given to Paxton.

They debated what constitutes attorney-client privilege. Patrick said a decision would be made Wednesday morning.

4:15 p.m.: Former top deputy told Paxton to not meet with Paul

Mateer was “insistent” in a meeting with Paxton to not get involved in Paul’s legal troubles, Mateer testified.

“I was hopeful that he would allow the professionals in the Office of Attorney General to do their jobs and he wouldn’t be involved anymore,” said Mateer, the former handpicked second-in-command under Paxton.

Mateer asked for the meeting after he learned Paxton had planned to show up to Travis County District Court to argue a motion that involved a charity’s lawsuit against Paul. Matter said it was “inconceivable” that Paxton would personally get involved in the matter.

Following the meeting with Paxton, Mateer was hopeful, he testified, that Paxton would not be involved in Paul’s legal matters.

3:40 p.m. Former staffers were all conservatives, witness says

In describing the political leanings of the eight former staffers in the attorney general’s office who ended up reporting Paxton to law enforcement, Mateer described all of them as conservatives. Paxton’s team has tried to paint the former staffers as being RINOs (Republican’s in name only).

“We were committed to the rule of law and to conservative governance,” Mateer stressed.

3:20 p.m. Paxton’s former second-in-command called as first witness

The first witness in the trial is Jeff Mateer, the former First Assistant Attorney General, who was a loyal second-in-command to Paxton for several years. He was among the former staffers who reported Paxton the FBI for alleged bribery.

Mateer was not among the former four staffers who sued the attorney generals office, collectively known as the whistleblowers whose lawsuit settlement prompted the impeachment process. However, he was one of the eight who reported their boss to law enforcement officials.

“I believe in the rule of law, and I believe in conservative policies and conservative practice,” Mateer said while being questioned by Rusty Hardin, one of the two attorneys for the House impeachment managers.

2:38 p.m. Opening arguments end

Each side had different approaches to their opening arguments. The House managers side, led by Murr, spoke for less than 20 minutes and said the evidence would show Paxton should not only be removed from office but also never be allowed to hold elected office again.

Paxton’s side used almost all 60 minutes of their time.

After a short break, it appears the first witness will be called to the stand.

2:29 p.m.: Paxton’s attorneys argue there’s no quid-pro-quo

Both of Paxton’s attorneys, Tony Buzbee and Dan Cogdell, spent their hour of the opening arguments emphatically arguing that there was no quid-pro-quo between Paxton and real estate developer Nate Paul. They stressed that the attorney general paid for the renovations in his own house and that the accusations against Paxton have been spun to make him look guilty.

“We’re going to impeach a sitting attorney general for giving the direction, ‘Find the truth?’” Cogdell asked in an at times emotional talk in the Senate chamber. He was referring to Paxton’s hiring of an outside lawyer to investigate Paul’s concerns about an FBI raid.

Buzbee, meanwhile, painted the impeachment proceedings as one led by Republican House Speaker Dade Phelan, R-Beaumont, arguing that Phelan was drunk on the job and because Paxton called on him to resign, Phelan set out to have Paxton removed from office.

There has never been any proof that Phelan was drunk on the job.

1:45 p.m. Opening arguments run short

Both sides had one hour to give opening arguments, however neither side used the entire time. Rep. Andrew Murr, R-Junction City, said the House uncovered “egregious misconduct.”

“The voters did not and do not know the whole truth,” said Murr, the chairman of the House managers who are going to make the case against Paxton.

Tony Buzbee, one of the attorneys defending Paxton, on the other hand, argued again that there is nothing to support impeachment, that Paxton did not use burner phones, and said the attorney general was being prosecuted in the press.

“There are no facts to support this,” Buzbee said emphatically.

1:15 p.m.: Paxton not on floor as opening arguments begin

There was a notable absence as Rep. Andrew Murr, R-Junction City, began laying out the opening arguments. Murr is the chairman of the House Board of Impeachment Managers, which will lay out the case against Paxton.

Rusty Hardin, one of the two attorneys for the managers who will prosecute Paxton, along with Dick DeGuerin, objected that Paxton was not on the floor and said he should be required. Patrick disagreed and said he only had to be on the floor at the beginning of the trial.

12:00 p.m. Witnesses sworn in

Six witnesses were sworn in, among them, Paxton’s former second-in-command Jeff Mateer. He was among a group of eight employees who reported the attorney general to the FBI for alleged corruption in late 2020. Four of them, not including Mateer, alleging they were fired for making the report.

Their whistleblower lawsuit settlement sparked the impeachment proceedings against Paxton.

Another one of the witnesses is Paul Singer, who worked in the Office of the Attorney General for more than 20 years until 2021, most recently as the associate deputy attorney general for civil litigation, according to his LinkedIn.

And a third witnesses is Austin Kinghorn, who is the Associate Deputy Attorney General for Legal Counsel at the attorney general’s office. He has held that position since February, according to his LinkedIn.

11:50 a.m.: Paxton pleads not guilty to each article of impeachment

As the impeachment articles are read outloud, Paxton stands between his lawyers motionless.

His lawyer Tony Buzbee answers to each article of impeachment, saying Paxton is “not guilty” to each allegation. Article 2, which references Sen. Bryan Hughes, sitting just behind Paxton’s defense table. Hughes does not react during its reading.

Two articles of impeachment accuse Paxton of bribery. Buzbee balks after the articles are read.

“Those allegations are flat out false. the attorney general pleads not guilty,” Buzbee says.

Rusty Hardin, lawyer for the House managers bringing the case against Paxton, objects in the middle of the recitation to Buzbee commenting on each allegations instead of plainly stating his plea. Patrick sustained the objection, which cut off Buzbee’s extraneous comments.

11:15 a.m. Paxton cannot be forced to testify

Paxton cannot be forced to testify in his impeachment trial, Patrick ruled in a motion that could be considered a win for the attorney general. A confidential witness list obtained by The Dallas Morning News showed that House managers intended to call Paxton as a witness.

House managers disagreed and argued he must take the stand if they subpoena him but can refuse to answer questions by exercising his constitutional right against self-incrimination.

Patrick sided with Paxton.

11 a.m.: Senators reject all of Paxton’s pre-trial motions

In a blow to Paxton, the Republican-controlled Senate rejected all 16 of the motions Paxton filed before the trial. The motions varied but they asked either to dismiss all of the articles of impeachment, individual articles, or exclude certain evidence.

A simple majority was required to grant any of Paxton’s motions and the Senate has 19 Republicans and 12 Democrats. Sen. Angela Paxton, R-McKinney, Paxton’s wife, was not allowed to cast a vote, meaning a party-line vote could have granted any motion.

That didn’t happen.

10:30 a.m.: Senators refuse to dismiss individual impeachment articles

Paxton sat attentively and did not look back at the Senators as they voted down his attempts to dismiss individual articles. Paxton’s team not only filed a motion to dismiss all of the articles of impeachment but had also hoped to get some of the 20 thrown out.

The Senate will not consider four of the articles that deal with his years-long felony securities fraud case.

Each vote to dismiss an individual article was not particularly close. The closes vote was to dismiss impeachment Article 8, which accused Paxton of misusing his office for entering into a settlement agreement with four former employees who sued the attorney general’s office after they reported Paxton to law enforcement officials in 2020.

The vote on motion article was 20-10.

10 a.m.: Supporters of Paxton delivered letters to lawmakers’ offices

A half dozen members True Texas Project, an outgrowth of the Northeast Tarrant Tea Party that has 18 chapters statewide, gathered in the Capitol Rotunda to make assignments.

”We’re not launching a protest but we have been very vocal from the beginning that we’re opposed to the process” by which Paxton was impeached, said Fran Rhodes of Fort Worth, president of the group.

9:50 a.m.: Senators decline motion to exclude evidence

Senators quashed an attempt by Paxton to exclude evidence prior to 2023. Paxton’s team argued that because Texas voters reelected him in 2022 despite knowing about his alleged wrongdoings, then any evidence uncovered before this year should not be presented during the trial.

Senators overwhelmingly disagreed along a 22-8 vote. The eight senators who voted to dismiss the evidence were all Republicans.

9:45 a.m.: Senators refuse to dismiss all impeachment articles

The senators overwhelmingly rejected a motion by Paxton’s side to dismiss all articles of impeachment on a 24-6 vote. The six senators who voted to dismiss the articles were all Republicans.

9:40 a.m.: Senators vote on pre-trial motions

The senators have begun voting on the various pre-trial motions that were filed by Paxton’s team. Some of the motions call for dismissing all or specific articles of impeachment, or excluding evidence.

9:35 a.m.: Prominent conservatives support Paxton

Several prominent conservatives tweeted out support for Paxton on Tuesday morning. Donald Trump Jr., the son of former President Donald Trump, tweeted out that the trial is just another example of Paxton fighting back against the political establishment and RINOs (Republican in Name Only).

Conservative allies of Paxton throughout the country have blasted Paxton’s impeachment as a political witch-hunt.

9:15 a.m.: The oath the senators recited

Here is the oath each senator was required to say while they were sworn in.

“I do solemnly swear or affirm that I will impartially try Warren Kenneth Paxton, Jr., attorney general of Texas, upon the impeachment charges submitted to me by the House of Representatives, and a true verdict render according to the law and the evidence so help me God.”

Ken Paxton’s wife, Sen. Angela Paxton, R-McKinney, was not sworn in as she is not allowed to vote during the trial.

9:08 a.m.: Texas senators sworn in on the Sam Houston bible

All 31 Senators have filed into the Senate chamber and each one is being sworn in using the bible of Sam Houston, a Texas legend who served as the first President of the Republic of Texas and was one of the first U.S. Senators for the Lone Star State.

Lt. Gov. Dan Patrick said the bible was appropriate for the historic proceedings.