Ken Paxton and his legal team exploit loophole in gag order on his impeachment case | Opinion

A gag order regarding an upcoming impeachment trial is a signal — a command, really — for those involved to stop talking about it. Not in Texas, and not to Ken Paxton, such is his hubris.

Presiding judge Lt. Gov. Dan Patrick issued a gag order July 17 due to “public prejudicial and inflammatory statements” both sides were making. The order banned all parties involved in the impeachment trial from discussing it in a way that would affect the court’s ability to be impartial. The gag order does say parties can make statements “reciting, without comment, information contained in public records.”

This was likely a mistake on Patrick’s part. Paxton’s team has taken this fraction of a permission slip and pushed it as far as they can go.

Paxton’s team has issued news releases about court filings. On Aug. 3, Tony Buzbee, Paxton’s Houston lawyer, went on the Mark Davis show, a Dallas-based, conservative talk radio show, and spoke for about 15 minutes.

“The attorney general would not violate or go contrary to the orders of the court, and we don’t believe that he’s done so,” Buzbee told Davis.

Buzbee proceeded to read from the case filings verbatim, including passages that cast doubt on the evidence against Paxton, and answered factual questions about court proceedings. Buzbee may have followed the letter of the law because he read from court filings, but he’s hardly following the spirit of Patrick’s gag order. Going on a radio show in a major metropolitan area is akin to using a megaphone to stir the pot in the case against Paxton.

On Aug. 2, a fundraising email with a donation link from Paxton’s website labeled the impeachment “illegal” and part of a “kangaroo court.” Later, after Dallas TV station WFAA highlighted the language, Paxton’s team edited it to comply with the gag order.

After Patrick announced the gag order, the House sent a memo to members reminding them of the potential consequences for violating it, including contempt of court charges, jail time, and a $600 fine. We’ve heard barely a peep from the legislature, although, in theory, they could be going on radio shows reciting public record, too. Strangely, they’re not.

We’re not surprised Buzbee pushed the parameters of the gag order to appear on a radio show — he seems to enjoy the limelight as much as his client. What’s the purpose of reading court filings if not to influence someone? Court filings aren’t just boring words — they serve a purpose. They make a case. And so did Buzbee’s appearance on Davis’ show.

As disappointing as Paxton and Buzbee’s behavior is, it shouldn’t be surprising. If any of the articles of impeachment are to be proven, Paxton appears to have treated the Office of Attorney General with just as much callousness as he has the gag order. And perhaps we can take these attempts to push the limits of the gag order as a sign that his case is as flailing, along with his attempt to remain in power.

This story was originally published August 11, 2023 at 5:00 AM.