Paxton’s attorneys filed motions for a “directed verdict” after the House board of managers mistakenly rested their case. But after a break for more than 30 minutes, Patrick announced that both motions by Paxton’s attorneys had been withdrawn.
The prosecution accidentally rested its case early Wednesday after Ken Paxton’s defense team staved off the public testimony from a woman with whom the attorney general allegedly had an affair.
Laura Olson, identified as the woman in court documents, planned to invoke her Fifth Amendment right to protect herself from self-incrimination on the stand and refuse to answer questions about the alleged affair, two sources with firsthand knowledge told The Dallas Morning News.
The parties agreed to allow her to avoid testifying in part to protect the attorney general’s wife, a state senator who is present in the chamber for the proceedings, one source added. Lt. Gov. Dan Patrick announced the decision on the Senate floor earlier Wednesday without explanation.
Sen. Angela Paxton, R-McKinney, appeared buoyed by the announcement, smiling widely after Patrick declared Olson would not testify. Olson had been seen throughout the day at the Capitol after House managers prosecuting the case against Paxton announced in the morning she would be called that day as a witness.
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Olson was seen leaving the building shortly after it was announced she would not testify.
The decision spared Paxton the airing of any potential indiscretions in front of his wife, as well as any further political fallout for the attorney general who has campaigned and worked actively to promote a conservative “family values” agenda.
The move came in the midst of a chaotic seventh day of the historic impeachment trial.
Earlier Wednesday, House managers rested their case in admitted error. Lead prosecuting attorney Rusty Hardin told the court he made a mistake in wrapping up before Paxton’s defense had cross-examined the last witness, whistleblower James “Blake” Brickman.
“I messed up and shouldn’t have rested until he finished his cross,” Hardin said in the moment, admitting it was a “screw up.”
Lead defense attorney Tony Buzbee seized on the error, reserving the right to question Brickman later and immediately seeking a directed verdict to dismiss the charges in their entirety. State senators, serving as jurors, huddled on the chamber floor and appeared to be confused at the sudden move.
The motion was eventually withdrawn without explanation from Patrick, avoiding what would have been an abrupt verdict and end to the proceedings. The day ended with Paxton’s team poised to present its case.
Paxton, who has rarely spoken during the trial due to a gag order, posted on the social media platform X that he will be appearing on former Fox News Tucker Carlson’s show next week to “discuss the last two weeks in Texas politics.”
“It should be interesting!” he added.
Paxton is accused of bribery, abuse of office and obstruction in articles of impeachment approved by the House on May 27. The lion’s share of the charges stem from Paxton’s dealings with real estate investor Nate Paul, who was the subject of an FBI probe in 2020 when the attorney general is alleged to have abused his office to the businessman’s benefit.
In exchange, Paul is accused of paying for a renovation to Paxton’s home in Austin and providing a job to Olson.
At the outset of the trial, Paxton pleaded not guilty to charges. He has not been present in the chamber since.
To read more, visit our partners at the Dallas Morning News.
