Texas senators will take a public oath to be fair and impartial ahead of next week's impeachment trial of suspended Attorney General Ken Paxton. A series of personal and political connections, however, may muddy the public's view on whether Paxton is removed from office or acquitted according to ethics watchdogs.
Paxton was impeached by the Texas House in late May and is accused of interfering with a federal investigation into Austin real estate developer Nate Paul in exchange for expensive house renovations and a job for Paxton's alleged mistress. Paul was later indicted on several financial crimes and pleaded not guilty. The suspended attorney general has denied all wrongdoing and this week publicly stated he will continue to fight.
The trial begins Sept. 5 in the Texas Senate and thirty of the thirty-one Texas senators will publicly vote whether to remove him from office or allow him to keep his job. Paxton's wife, McKinney state senator Angela Paxton was barred from voting per senate trial rules voted on by her peers.
The impeachment trial is a political trial and differs from criminal and civil processes where jurors are expected to have no connection to the accused.
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Several senators are connected to the House's accusations against Paxton.
Senator Bryan Hughes, R - Mineola, is referenced in one impeachment article. In evidence later released by attorneys representing the House impeachment managers, the senator is mentioned by name. House prosecutors claim Paxton recruited Hughes to request an official opinion from the attorney general's office trying to save one of developer Nate Paul's businesses from foreclosure.
Hughes's office did not return a request for comment to NBC 5 on the issue. Earlier this summer, the presiding office of the Texas Senate, Lt. Governor Dan Patrick issued a far-reaching gag order to those directly involved and close to the proceedings.
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Senator Hughes is a key ally of Lt. Governor Patrick, often tapped to carry far-reaching and at times controversial legislation. According to NBC 5's media partners at the Dallas Morning News, Hughes is on the list of people who may be called to testify publicly as witnesses.
The list of possible witnesses also includes Sen. Angela Paxton, R - McKinney, the wife of the suspended attorney general. According to the News, the former senate staffer Paxton is accused of having an affair with is also on the list of people who may be called to testify.
House prosecutors claim real estate developer Nate Paul moved Paxton's alleged mistress from San Antonio to Austin to help facilitate the ongoing affair. Government records appear to show she worked for Senator Donna Campbell, R - New Braunfels.
"Unfortunately, all Senators and Senate staff are unable to comment on the trial, but I appreciate you taking time to reach out to ask," wrote Sen. Campbell's staff to an NBC 5 request. Other than being the woman's former boss, Sen. Campbell appears not to be connected to the accusations.
Adrian Shelley, the Texas Director of the consumer watchdog group Public Citizen, said it's an ethical concern for someone to be a juror and a key character in the trial.
“Our hope is that this proceeds fairly and impartially like we would want any trial to proceed," said Shelley, "But the reality is this is taking place in a highly charged political environment."
Several senators also gave money to political candidates opposing Paxton. One donated to the Paxton reelection campaign, first reported by KXAN News in Austin.
“We do have what looks like a classic conflict of interest here," said Shelley.
Senator Mayes Middleton, R - Galveston, donated $300,000 to Rep. Louie Gohmert in his unsuccessful attempt to unseat Paxton in the 2022 Republican primary. KXAN cited campaign finance records filed with the Texas Ethics Commission.
Senator Jose Menendez, D - San Antonio, donated $1,000 to Rochelle Garza, the Democratic candidate Paxton defeated in the November 2022 general election.
Senator Kevin Sparks, R - Midland, donated $2,500 to the Paxton campaign in June 2021.
It is common for Texas politicians to donate money in support or against one another. The historic impeachment trial, according to Shelley, thrust that process into the forefront and created some ethical dilemmas.
The donation drawing the most attention, however, came from a pro-Paxton group to the presiding judge, Lt. Governor Dan Patrick. The political advocacy group Defend Texas Liberty donated $1 million and also gave a $2 million loan to Patrick's political campaign. The Lt. Governor is not up for reelection until 2026.
Luke Macias, director of Defend Texas Liberty PAC, told NBC 5 the donation was to support Patrick’s work this past legislative session.
“The Senate delivered some very strong wins, and they deserve credit for the wins that they delivered,” Macias said.
When asked in a Dallas interview, Patrick said he received large donations from "many sides" of the Paxton impeachment. The Lt. Governor has repeatedly said his goal is to have a fair and impartial trial.
Two-thirds of the members present in the Texas Senate are needed to remove Paxton from office. There are twelve democrats and nineteen republicans with Paxton's wife.
