Suspended Texas Attorney General Ken Paxton remains indicted on account of crimes, but his more urgent problem is his recent impeachment at the hands of his fellow Republicans. The state Legislature voted to impeach Paxton after his history of crookedness in the attorney general’s office became impossible for even Texas Republicans to ignore. Paxton will now face an impeachment trial in the state Senate.
Paxton, however, remains an enormous whining baby and is still trying to stack the deck in his own favor with a new demand that not all of the Senate be allowed to vote in his trial. Paxton’s lawyers are now asking Lt. Gov. Dan Patrick to bar three Democratic state senators from the trial because those lawmakers have said very mean things about him and are therefore not impartial.
A basic principle of due process is that the accused is entitled to an unbiased jury. Like numerous courts around the country, the Texas Court of Criminal Appeals has held for almost a century that potential jurors with a bias or prejudice against the accused are disqualified from serving on his jury as a matter of law. Jurors José Menendez, Roland Gutierrez, and Nathan Johnson have such a bias and have proclaimed it loudly, time and again. Gutierrez, for example, has said that the evidence against the Attorney General “could not be refuted.” But that is the purpose of a defense—to attempt to refute the prosecution’s evidence—and the function of a trial—to determine whether that evidence has proven charges beyond a reasonable doubt. No one who has publicly declared the charges against a defendant irrefutable can even play at impartiality, let alone serve in an impartial manner. And Menendez and Johnson are no better.
Blah blah, whine whine, blah blah blah.
Now, all of this is very interesting or whatever but Paxton’s entire letter goes to great lengths to dodge the core point of the matter: Ken Paxton ain’t facing the Texas Court of Criminal Appeals. He may have forgotten, but right now he’s facing an impeachment trial run by the Texas Senate, not a criminal trial in a criminal courtroom, and all this whining about how dare state senators have opinions about the evidence in his trial is nothing but a gigantic bullshit fountain premised on pretending that the two things are the same.
Did Paxton’s lawyers write this up for Paxton’s eventual upcoming criminal trial, but accidentally stick it in the wrong envelope? Since when did Republicans give a shit about enforcing “impartiality” in an impeachment trial?
Yeah, that’s what we all remember most about Donald Trump’s two separate impeachment trials—all of the Republicans refusing to render early judgment about Trump’s guilt because of the impartiality of the process. We can’t even count all the Republicans who recused themselves from the proceedings due to their inability to be impartial except oh wait—we can, it was zero. Zero Republicans.
What’s really going on here is that Ken Paxton is a uniquely gutless sack of corruption still looking to game the system however he can, and removing three Democratic senators from the voting pool would mean that the 21 votes for Paxton’s removal from office would have to come from just 27 eligible senators instead of 31. That’s a much tougher hurdle, even if a good chunk of Texas Republicans are finally sick enough of Paxton’s crookedness to want to be rid of him.
As for evidence of how shallow Paxton’s alleged desire for fairness is, one of Paxton’s activist buddies has filed a lawsuit demanding that Paxton’s wife, state Sen. Angela Paxton, be allowed to vote in the impeachment trial. That’s because the state Senate passed rules requiring her recusal due to her being married to the man being impeached for, among other things, arranging a cushy new job for a woman he had an affair with.
Oh no, three Democratic senators have expressed their belief that the evidence shows Ken Paxton to be a crooked sack of crookedness. However will the impeachment trial go on when such injustice is at play?
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