Paxton’s trial must be impeccable, but right now, it looks like a playground fight | Opinion

So far, the pending impeachment trial of Ken Paxton is looking like something between a playground spat and the setup to a barroom brawl. The attorney general’s trial in the Senate is a time when it’s critical to show that order, decorum and justice prevail.

Paxton hired a prominent, boisterous Houston-based attorney, Tony Buzbee, and he’s already labeled the impeachment process “baloney” and a “sham.”

“Just so we’re clear, the allegations are untrue, they are false,” he said at a Wednesday news conference. “When I read the 20 articles of impeachment, my first thought was, ‘These are worthless and weak.’ And I’m embarrassed: embarrassed that our House would send something like that out, and vote on something like that, and send it to the Senate with a suggestion that there should be some sort of trial.”

Even if it were a sham — and the accusations of wrongdoing at several turns are anything but — there must be a fair and serious process to vet wrongdoing at the highest levels of Texas government. The House impeachment vote was 121-23, an overwhelming partisan indictment of Paxton’s behavior and fitness for office.

Calling that an embarrassment says a lot more about Buzbee’s state of mind than it does the House’s work. As the kids say: Buzbee’s attitude is giving off vibes of imposter syndrome. So far, Buzbee really is all hat, no cattle.

It’s part of a pattern from Paxton and his allies from the moment the House investigation was made clear. They’ve blustered, attempted to intimidate, made political threats and now, seem to be trying to sway the Senate jurors who will decide Paxton’s fate.

Over 40 minutes, Buzbee and his partner, Dan Cogdell, presented little firm evidence and again spent most of their time talking about the process in the House rather than the serious charges against their client.

Paxton is welcome to hire whomever he deems is best, and Buzbee’s got a great track record. But if his lawyer’s first step is to talk smack, Paxton is either in really deep water or he’ll be cleared on day one, such will be the extraordinary evidence demonstrating his innocence.

We’re not apt to label someone guilty before a trial, but if we really take at face value what Buzbee is telling reporters, then the entire thing that’s gone on has been a huge lesson in gaslighting, not to mention a massive waste of taxpayer-funded time. What are the chances?

It’s one thing to robustly believe in your client’s innocence; it’s another to boldly claim, as Buzbee did, that “Ken Paxton will never be convicted.” That raises alarm bells of conspiracy at worst, arrogance at best.

During the news conference, Buzbee flashed a bank statement intended to disprove one of the many allegations, that Paxton donor Nate Paul, had paid for extensive renovations at the politician’s Austin home in exchange for aid from Paxton’s legal office. The bank statement showed a payment by Paxton to a construction company, Cupertino Builders, that is tied to Paul.

“Cupertino Builders was formed in Texas the same month as the payment Buzbee cited was made, according to Texas corporation filings, and was dissolved less than two years later, in June 2022,” the Wall Street Journal reported. article reads.

In other words, the timing suggests an effort to cover tracks on the renovation work.

Of course, there’s swagger on the House prosecution side, too. The House — which is chock full of accomplished lawyers — nonetheless hired legendary attorneys Dick DeGuerin and Rusty Hardin.

DeGuerin couldn’t resist calling the case a slam dunk and pronouncing: “The depth of corruption is astonishing.”

Need we stress again the importance of a fair trial for Paxton but also for Texans who put their faith in the attorney general’s office to help maintain law and order on their behalf?

All of this is aimed at public opinion, but more so at the 31 senators who will serve as jurors. Sure, impeachment is a political process, and political consideration is inevitable. The House must put on a devastating case because there are too many outs for senators to vote “no” — the “process was flawed,” “the voters have spoken,” and “impeachment is a punishment in and of itself.” It’s frustrating that these cases are being made before rules are even set for the trial.

The fact that four pretentious superlawyers are involved does not bode well for a solemn, dignified process based on facts and evidence. Senators must set rules that encourage decorum and seriousness and a real public airing of the facts and evidence. They must decide how to address potential conflicts among the senators, none bigger than Sen. Angela Paxton’s. The AG’s wife represents part of Collin County, the same seat Ken Paxton held before his statewide election. Other senators may be called as witnesses.

Paxton’s defenders will be tempted to try to win a vote to immediately acquit or toss the charges. Senators must resist that. A full, public airing of the charges and evidence is important to the public’s confidence in its government.

A serious process requires serious rules and serious participants. So far, we’ve seen too much game-playing instead.

This story was originally published June 9, 2023 at 11:00 AM.