FOX 7 Focus: Does Texas AG Ken Paxton have a defense?

AUSTIN, Texas - A Senate trial of Texas Attorney General Ken Paxton is set to happen later this summer.

Paxton was impeached by the House late last month over what prosecutors call a pattern of abuse while in office. Recently, lawyers representing Paxton laid out their case, defending the now suspended AG.

In this week's FOX 7 Focus, Prairie View A&M constitutional law professor Eddy Carder joins FOX 7's John Krinjak to discuss the latest news surrounding the impeachment.

JOHN KRINJAK: So based on what you heard there, what is the defense's strategy and how effective do you think it'll be?

EDDY CARDER: The strategy of the defense here is going to be, I think, somewhat different than that of the prosecution. If you read about Attorney Busbee, he has more of a reputation of being theatrical, more emotional, more sensationalistic. But his objective is to simply undermine the credibility of the process that has led up to the current events and to call into question the legitimacy of the allegations. He's described the process as shameful, as despicable. He's even said that these allegations made against AG Paxton would not stand up in traffic court.

READ MORE: Lead attorney for Texas AG Ken Paxton calls impeachment 'baloney' and a 'scam'

JOHN KRINJAK: And we did hear from those defense attorneys about a week after, as you mentioned, the impeachment, prosecutors laid out their case. What do you make of kind of the contrast there, Dr. Carder, between sort of the prosecution saying, look, the evidence will speak for itself. We don't even have to say too much. And the defense seems like more of a process argument, right?

EDDY CARDER: Absolutely. You've hit on exactly the point. Dick DeGuerin and Rusty Hardin, they are heavy hitters. They are tasked with the challenge of proving these allegations against AG Paxton and enabling the senators and the senators, I should say, to make a full and informed and complete decision. They want them to be able to take the information that they provide and the evidence that they provide and the testimony that they provide and have a firm foundation upon which they can convict. They know how to present a convincing argument and a convincing case.

READ MORE: Big-name Houston attorneys hired to present impeachment case against Ken Paxton

JOHN KRINJAK: Yeah. And as all this was unfolding, we learned this week that Nate Paul was arrested and appeared in Courtney Paul, of course, Ken Paxton's friend, whose name comes up a lot in these allegations. How does this impact the case going forward?

EDDY CARDER: You know, it's very interesting that Nate Powell was arrested this week. And the question arises as to whether or not his being arrested under federal charges and under a federal warrant is connected to the activities of which Paxton is accused. I would point out that at this point, there is no direct line of connection between these two sets of events. However the fact that they are occurring in such a close proximity of time seems to portend that there may be some connection between these two sets of events and sets of activities. And so we'll just have to wait to see how that works. 

READ MORE: Ken Paxton Impeachment: Why the fight isn't finished yet

JOHN KRINJAK: Where do things go from here? What can we expect next?

EDDY CARDER: Well, the first thing that's going to happen is the Senate is going to introduce the rules for the trial. I believe that's going to happen on June the 20th. But already we're seeing counselor Buzbee indicate that there's probably going to be a request for delays. And procrastination even indicated that he may need up until August of 2024 to prepare a good case for this trial in the Senate.

JOHN KRINJAK: Senate is saying they want this to be done by the 28th of August of this year. So it'll be interesting to see how that shakes out.