Ken Paxton's whistleblower case returns to Travis County District Court

AUSTIN, Texas - The Ken Paxton whistleblower case is returning to the Travis County 419th Civil District Court.  It’s unclear exactly how the final judgment will be made, but a jury trial remains a possibility, according to plaintiff attorneys T.J. Turner and Tom Nesbitt.

"We are where we are now because the Office of the Attorney General at Ken Paxton's direction has admitted liability in this case," said Nesbitt, who represents James Blake Brickman.

The legal teams are currently working to set the date for the final showdown.

"We're thinking at the earliest, maybe sometime this month, at the latest, hopefully, you know, March," said Turner, who represents David Maxwell.

Attorney General Ken Paxton is currently on a statewide tour to support David Cook's bid for House Speaker. Paxton made a stop in Leander on Tuesday in an effort that is essentially political payback to the House impeachment vote in 2023. Paxton was eventually cleared by the Senate GOP majority and has successfully avoided attempts to force his testimony in the whistleblower case.

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"There's been a massive injustice here. Truth is certainly a victim. Our inability to ask the attorney general and his staff questions under oath, I think, is a huge detriment to the people of Texas and to the Sanctity of the Whistleblower Act itself," said Turner. 

The lawsuit dates back to 2020, when several staff members claimed they were unjustly fired by Paxton. The retaliation came after the FBI was told that Paxton was abusing his office by making staff help a friend, Nate Paul.  The Austin real estate developer remains under federal indictment for financial crimes.

"So, it was another goal of this litigation to give the public what Ken Paxton has long avoided, which is to have to finally answer questions about his corruption and the corruption in his office," said Nesbitt.

The only answer from Paxton came in the form of a motion a year ago. It was a notification that he was no longer contesting the lawsuit against him.

"Certainly, there's a sense of vindication. Any time you're in litigation and your opponent throws their hands up and admits liability, which is what happened here. But there's also a tremendous sense of frustration and disappointment in both our systems and the application of the law in this case," said Turner.

At the end of the day, Paxton is still in office. 

"We're going to take the win. And it's not just a hard pill to swallow. It's a disgrace, is what it is. It's a disgrace that he is the head law enforcement officer of the state of Texas. Given what he did, what he has now confessed to doing and what he pled the fifth to avoid having to answer questions about in an impeachment trial, it's disgraceful," said Nesbitt.

There are four whistleblowers in this case seeking back pay and loss of benefits. With damages, it's estimated the judgement against the Attorney General's Office could be around $10 million.