Come clean, Ken Paxton: Texans can’t have an attorney general accused of bribery
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The saga of Ken Paxton: Our Opinion coverage
Our Editorial Board has closely followed the saga of Attorney General Ken Paxton. Read our coverage to catch up on the issues in his impeachment, and check out our analysis as the trial unfolds.
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Like anyone accused of a crime, Ken Paxton is entitled to a presumption of innocence from the legal system.
What the state attorney general has not necessarily earned, however, is the benefit of the doubt from the rest of us — particularly when you consider the details of the abuse of power allegations that several of his deputies lodged last week.
Several top officials under Paxton in the attorney general’s office have reportedly asked federal officials to investigate the two-term Republican for possible crimes, including bribery. The Austin American-Statesman reports that the allegations revolve around steps Paxton may have taken to try to help a campaign donor with federal legal problems of his own. Also at issue is the appointment of an outside attorney to investigate a complaint from the donor, Austin real estate investor Nate Paul.
Paxton owes Texans an explanation, and soon. The work of his office includes prominent political and legal issues that affect the state and in some cases the entire country. It’s too important for him to continue under a cloud.
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Plus, it’s not like these allegations are the work of Paxton’s political enemies. They come from hand-picked allies. The most prominent, former first assistant attorney general Jeff Mateer, is known for his activism in the conservative Christian legal circles that launched Paxton to power, first in Collin County and then statewide. And Paxton wouldn’t be on the ballot again for another 18 months at the earliest, in the 2022 GOP primary.
Paxton has said through a spokeswoman that the aides accusing him of wrongdoing were working to impede an investigation by his office. If that’s the case, he needs to explain publicly what the case is and what they allegedly did. By saying this much, he’s forfeited the right to hide behind the popular “ongoing investigation” excuse.
It’s unclear exactly what the special prosecutor Paxton sought is investigating, but the Statesman reported that it involved allegations that the FBI conducted federal raids on Paul’s properties without a proper search warrant. If true, that’s unacceptable. But the attorney general’s office doesn’t police the FBI. Going out of its way to do so is suspicious.
The cool response of other Texas Republican leaders is a sign that, at a minimum, the charges are serious and credible. Neither Gov. Greg Abbott nor Lt. Gov. Dan Patrick rushed to Paxton’s defense. U.S. Rep. Chip Roy, an Austin Republican who is a former top deputy to Paxton, has called on his former boss to resign. Paxton says he’s staying.
Paxton has been faced legal trouble for his entire tenure as AG. He’s been free on bond and awaiting trial for more than five years on felony charges of securities fraud stemming from investment work he did while still a state senator.
In a civil proceeding, Paxton admitted a mistake and paid a fine, and the criminal charge always seemed like overkill. But the details of the case showed Paxton’s casual sloppiness about the rules governing his work.
The attorney general frequently makes news with big constitutional cases, such as the ongoing challenge to the Affordable Care Act and splashy allegations of voter fraud. But the biggest daily function of his office is to ensure collection of billions of dollars in child support. Such jobs, crucial to so many Texans, can’t be endangered by turmoil at the top of the agency.
If Paxton genuinely believes he did nothing wrong, he should make his case. But if he’s staying in office in hopes of having a bargaining chip in a possible prosecution, he’s unconscionably holding Texans hostage.
If there’s a federal case against Paxton, the outcome could take years. Texans shouldn’t have to wait that long for answers.
Paxton must come clean, and the Legislature should prepare to investigate and possibly impeach the attorney general and remove him from office.
This story was originally published October 7, 2020 at 11:12 AM.
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