The Texan Podcast

Inside the Impeachment: Paxton on Trial — Day 8 (with Phil Prazan)

Read more about the impeachment: https://thetexan.news/paxton_impeachment/

Today, suspended Attorney General Ken Paxton’s defense team called their first and last witnesses. The House Board of Managers errantly rested their case yesterday, yielding their authority to call witnesses, and today ended with the defense resting its case, as well.

Here’s a recap:

  • The defense called Justin Gordon, the current open records division chief at the Office of the Attorney General (OAG), as their first witness to testify on law enforcement exceptions to open records law. Paxton is accused of abusing the open records process by allowing Austin real estate developer Nate Paul access to a confidential Department of Public Safety (DPS) file.
  • Austin Kinghorn, the associate deputy attorney general for legal counsel at the OAG, was called to testify next. 
  • Kinghorn expressed belief that no illegal activities occurred at the OAG — saying he would have left if he believed otherwise — and pride in serving under Ken Paxton.
  • On cross examination, counsel for the House Board of Managers asked Kinghorn who his “client” is as an employee of the OAG. He responded that Paxton was, while counsel contended his client is the State of Texas.
  • Henry De La Garza, the human resources director at the OAG, testified that the government, not an elected official, is the proper defendant under the Texas Whistleblower Act.
  • De La Garza spoke of alleged insubordination from whistleblowers in their final days at the OAG, and testified that he supported the decisions made by First Assistant Attorney General Brent Webster to terminate their employment.
  • Grant Dorfman, deputy first assistant attorney general, joined the OAG after the whistleblowers had left the office. He said he knew of the controversy surrounding the office from news reports, and sat down with Webster to talk through his concerns. He was sufficiently put at ease after the conversation and accepted a job with the agency.
  • Dorfman spoke extensively about his work on the whistleblower lawsuit and settlement, and explained the OAG’s approach to seeking a settlement instead of a jury trial.
  • During cross examination, Dorfman conceded he does not have firsthand knowledge of whether the allegations found in the whistleblower lawsuit 
  • Yesterday, the House Board of Managers aimed to amend the trial rules so Paxton would be automatically barred from running for Texas office in the future if the charges are sustained. Today, Lt. Gov. Dan Patrick announced the motion was withdrawn.
  • Tony Buzbee rested the case for the defense, and counsel for both sides agreed to begin their closing arguments at 9 a.m. tomorrow.