Everything is bigger in Texas, including the drama unfolding within the chambers of its government.
The impeachment of Texas attorney general Ken Paxton came as a shock to many, not just because of the nature of his alleged crimes, but because it is a rare instance of the party holding its own to account.
William Flores, a political and social science professor at the University of Houston-Downtown called the situation “absolutely historic.”
“This is a Republican-led impeachment against one of the highest Republican leaders in the state. It is absolutely unprecedented, at least in recent times,” Flores said.
The Republican-majority Texas congress had largely remained silent on Paxton’s ethically questionable conduct that dates back before his first term in 2014, when the Texas state securities board fined him for violating financial laws.
In 2020, things heated up when aides from his own office asked the FBI to investigate him. They alleged Paxton abused his power by accepting bribes in the form of donations from a real estate developer. They also claimed Paxton recommended that a wealthy donor to his campaign hire a woman with whom he was having an affair.
When Paxton fired the staff members, they claimed he was unlawfully retaliating.
In May, the house general investigating committee, composed of three Republicans and two Democrats, voted unanimously to recommend Paxton’s impeachment. Twenty articles of impeachment were brought against him.
It’s not surprising for politicians to be embroiled in a scandal, but it is unusual for Texas Republicans, who usually remain in lockstep, to eat their own.
Paxton belongs to the most extreme wing of his party. He is the architect of some of the most severe voting restrictions imposed on the state, such as preventing most mail-in ballots and disbanding drive-through voting, two methods counties have tried to implement to make voting widely accessible. He established an “election integrity” division in his office that dedicates tens of thousands of hours to investigating voter fraud cases, despite no evidence that it is a widespread problem.
More recently, Paxton launched an investigation into Austin’s Dell children’s hospital for the gender-affirming care it provided, which led to the swift departure of doctors from its adolescent unit, disrupting treatment not just for transitioning teens, but also those with cancer and eating disorders. He is now pursuing a similar investigation into the Texas children’s hospital, the largest such facility in the country.
He also stands in staunch opposition to reproductive choice and federal immigration policy, and in firm support of gun rights despite the string of school mass shootings his state has suffered.
In 2022, faced with a subpoena to testify in a lawsuit filed by abortion advocacy organizations at his doorstep, Paxton fled in a truck driven by his state senator wife, Angela Paxton.
Animosity towards Paxton culminated when he tried earlier this year to use state funds to pay a legal settlement of over $3m to the former office members who blew the whistle on their boss’s dealings.
In order to use taxpayer dollars to pay legal fees for an elected official, the state legislature needs to give approval. But obtaining that approval was not as simple as Paxton might have hoped.
If there’s one thing that can be counted on in tax-averse Texas, it’s less spending and limited government. And that extends to the Republicans in charge.
David Spiller, a Republican who also serves on the general investigation committee, began a statement with praise for the attorney general’s “brilliant legal mind” but said: “I have a duty and obligation to protect the citizens of Texas from elected officials who abuse their office and their powers for personal gain. I cannot be complicit in condoning the improper actions of Attorney General Paxton. I cannot ignore it and pretend it didn’t happen.”
Even more atypical is the infighting now seen among party members. Hours before the investigation into Paxton was announced, Paxton called for the resignation of Republican house speaker Dade Phelan, whom he accused of drunken behavior while serving in office. Phelan’s retort was presented through his spokesperson, who called Paxton’s move “a last-ditch effort to save face”.
Abbott remains silent on the impeachment of his attorney general and the fault lines emerging within his party. The state’s lieutenant governor, Dan Patrick, offered a milquetoast statement which was neither informative nor indicative of where he stood.
However, Donald Trump weighed in on the drama on the Truth Social social media platform in defense of Paxton.
Trump wrote: “The Rino Speaker of the House of Texas, Dade Phelan, who is barely a Republican at all and failed the test on voter integrity, wants to impeach one of the most hard working and effective Attorney Generals in the United States, Ken Paxton, who just won re-election with a large number of American Patriots strongly voting for him.”
Although the spectacle has shaken up the party, Flores said not much will change within the state’s Republican party regardless of if Paxton gets ousted or not.
“The red meat kind of issues that go to the core and are very popular not only in the state of Texas, but with conservatives – it’s a national playbook,” Flores said. “Texas is filled with with contradictions, but the conservatives are pretty unified around conservative issues.”
Now, a senate trial will be held no later than 28 August. A two-thirds majority is needed to remove Paxton from office, including possibly one vote from his wife who has yet to recuse herself due to an unethical conflict of interest.
In the event that happens, Abbott will be forced to appoint his permanent replacement and Texas will see the historic toppling of a leader not seen before in the state.
This article was amended on 12 June 2023 to correct the number of Republicans and Democrats on the house investigating committee, and to remove reference to house members belonging to the Texas Freedom Caucus
