Texas AG Ken Paxton asks Senate to dismiss articles of impeachment

AUSTIN, Texas - Texas Attorney General Ken Paxton is asking the Senate to dismiss the articles of impeachment he faces in his upcoming trial. 

Paxton's attorneys are citing a rule known as prior term doctrine that would prevent an official from being impeached over alleged conduct that precedes their most recent election. 

Katie Naranjo, chair of the Travis County Democratic Party, and Matt Mackowiak, chair of the Travis County Republican Party, joined FOX 7 Austin's Mike Warren to discuss.

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MIKE WARREN: Matt, should Ken Paxton be held accountable for alleged wrongdoings that happened before the last election? 

MATT MACKOWIAK: Well, look, the Senate trial is going to start September 5th, and we'll see how that process goes forward. My guess is that the Senate will not dismiss the charges at the beginning. I believe a lieutenant governor who's the presiding officer said something to that effect on a radio interview a few weeks ago. That said, the prior term doctrine is in effect, and it does matter. Katie and Democrats talk ad nauseum about defending democracy and respecting the will of the voters. Every single allegation, 19 of the 20 allegations or accusations, impeachment articles were known before the last election. Ken Paxton won by ten percentage points, 800,000 vote margin statewide. So I guess my question would be for Katie, why did Democrats not respect the will of the voters? Why do they think that 31 senators should substitute their judgment instead of the judgment of 5 million Texas voters? 

MIKE WARREN: Katie, go ahead. 

KATIE NARANJO: I think all Texans, including every Texas voter who voted in the last election, should be very concerned about the attorney general's continued attempts to hide evidence. When you have the top seven attorneys general in his office all quit because of what he's doing illegally, and he continues to hide evidence. And it takes a top secret investigative committee from the House in order to actually bring these facts to light. It's corruption at its worst by the person who Texans trust to actually be our lawyer. The role of the attorney general is to be the people's lawyer, and he is now the top corrupt in chief rather than the people's attorney. And that evidence has now come to light. It was brought to light by this investigation, which was not made public or available prior to the election. And so, therefore, a civil proceeding, which is what this Senate trial is going to be to whether or not he should be able to remain in office, is a warranted and valid next step in that process for due process of voters. 

MIKE WARREN: Okay. Well, you know, let's talk about this trial, the civil procedure, as Katie just mentioned. Matt, what should the expectation be for people? Is this, I mean, it's a political activity. It's full of politicians or so is it pure politics or is there going to be an attempt at justice? What should people expect? 

MATT MACKOWIAK: Yeah, I mean, I have to correct two things she just said. I mean, I don't know what due process of voters mean. That's not, that's not a legal term. Due process exists for defendants. So that's number one. Number two, Ken Paxton is not alleged to have "hidden" evidence. I have no idea what she's talking about. That's not what the articles of impeachment are about. That said, look, the fact that this is occurring in the Texas Senate and not in a courtroom makes it, to some extent a political process. I imagine, in fact, I'll predict right here you will see all 12 Senate Democrats vote that Attorney General Paxton is guilty on every single charge. I don't think you'll see that with Republicans. I think you'll see maybe some that will vote guilty, some that won't. My guess is Ken Paxton will not be removed from office. But this initial decision whether to let the charges go forward or not is an interesting one, because you do have the prior term doctrine, which is in effect, and Katie and Democrats have absolutely no answer for the question as to why 31 senators should substitute their judgment for 5 million or 8 million Texans who voted. 

MIKE WARREN: Katie, got the final word. 

KATIE NARANJO: I pity Matt and Republicans for having to defend Ken Paxton, because when you have his wife as a juror who finally got notice that she will not be voting in this, but you still have two other senators involved in it. Similarly, with what's happened with these proceedings, you also have a lieutenant governor who just took $3 million from a PAC that has been known to support the attorney general. I think Texans have to pay attention to the trial in September to make sure that the will of the people and justice is served in the Texas Senate.