Lawyers for Attorney General Ken Paxton say the 20 articles of impeachment against him are “fatally

[Elderberry]

Texas Scorecard NEWS DIGEST by Brandon Waltens 7/30/2023

https://blast.texasscorecard.com/t/d-e-vjlihid-urdyljtid-ji/

Lawyers for Attorney General Ken Paxton say the 20 articles of impeachment against him are “fatally deficient,” and they are requesting more specificity from the House.

Good morning,

Lawyers for Attorney General Ken Paxton say the 20 articles of impeachment against him are “fatally deficient,” and they are requesting more specificity from the House.

In a Democrat-led vote in May, the Texas House voted to impeach Attorney General Ken Paxton on 20 charges of misapplication of public resources, bribery, obstruction of justice, abuse of public trust, and disregard of official duties—preparing the way for a Senate trial on whether he should be removed from office.

As part of the rules decided on by the Senate, both Paxton and the House impeachment managers are allowed to file pre-trial motions, much like a court of law.

In the latest filing, Paxton’s team says the impeachment articles are too vague to be considered and should be quashed:

    Prior to this one, every impeachment in Texas history was the product of months of open investigation, public testimony, and a process transparent for all Texans. This candid past practice led, when necessary, to Articles of Impeachment that accused a particular official of specific conduct that broke one or more identified laws. Not so for this House or for these Articles. The product of a deliberately clandestine process, the Articles of Impeachment which serve as the charging document against the Attorney General are unconstitutionally vague.

Paxton’s team comprehensively argues the motions fail on a number of grounds, including failure to state which laws have been broken, which individuals were involved in alleged misconduct, and others for being “hopelessly vague.”

“The House should be required to amend the Articles or be barred from prosecuting them,” the motion states.

Barring any delays, the Senate trial is slated to begin September 5.

[Bigun]

In Texas, Ken Paxton Faces a ‘Ham Sandwich’ Impeachment

The AG has been subjected to longstanding prosecutorial misconduct in still-pending criminal proceedings

Liberty-minded legal scholars decry prosecutorial abuses—including over-criminalization of conduct, overcharging of defendants, selective prosecution, and politicized sentencing—as we descend ever-further into the arbitrary enforcement of laws. University of Tennessee law professor Glenn Reynolds calls the weaponization of the criminal justice system “ham sandwich nation,” referring to the notorious ease over-aggressive prosecutors have in obtaining indictments from grand juries. Unscrupulous prosecutors can (and do) use this imbalance of power to coerce plea bargains from out-matched defendants lacking the resources to defend themselves.

But at least criminal defendants enjoy due process protections: the presumption of innocence, an exacting burden of proof (“beyond a reasonable doubt”), the requirement of a unanimous verdict by an unbiased jury, sworn testimony, and a myriad of procedural rules with which prosecutors must comply. For example, criminal defendants are entitled to detailed statements of the charges they face, pre-trial disclosures, the right to confront witnesses through cross-examination, the right to an appeal, and many other protections. The unsavory tactics of “ham sandwich nation” are increasingly being used by elected officials to kneecap their political opponents, without the accompanying niceties.

In the sphere of political lawfare—attempts to circumvent the will of the voters through quasi-legal maneuvers such as impeachment—we see the worst of both worlds: vindictive legal proceedings without due process protections. These abuses were evident in the two unsuccessful impeachment proceedings against President Trump (not to mention the unprecedented spate of subsequent indictments), but that was just a dress rehearsal. In the upcoming impeachment trial of thrice-elected Texas Attorney General Ken Paxton, scheduled to begin in the Texas Senate on September 5, the abuses of “ham sandwich nation” are on full display. Paxton was relieved of his duties as AG upon the impeachment vote of the Texas House of Representatives—the equivalent of an indictment—before his “trial” in the Texas Senate even began. So much for the presumption of innocence! The Senate can convict upon a two-thirds vote of its members...

Excerpt: rest at above link