Wednesday, May 24, 2023

Timing Is Everything

JMM notes this is because a House committee just held a hearing on an investigation into Paxton's corruption.  What he doesn't go into, is how interesting that report and hearing were:

In painstaking and methodical detail in a rare public forum, four investigators for the House General Investigating Committee testified that they believe Paxton broke numerous state laws, misspent office funds and misused his power to benefit a friend and political donor.

Their inquiry focused first on a proposed $3.3 million agreement to settle a whistleblower lawsuit filed by four high-ranking deputies who were fired after accusing Paxton of accepting bribes and other misconduct.

Committee Chair Andrew Murr said the payout, which the Legislature would have to authorize, would also prevent a trial at which evidence of Paxton’s alleged misdeeds would be presented publicly. Committee members questioned, in essence, if lawmakers were being asked to participate in a cover-up.

“It is alarming and very serious having this discussion when millions of taxpayer dollars have been asked to remedy what is alleged to be some wrongs,” Murr said. “That’s something we have to grapple with. It’s challenging.”

Don't sleep on that settlement issue.  It's the elephant in the room now, and the horse pulling this cart (yes, I mix metaphors like a blender.  So what?).  The House is refusing to fund a settlement Paxton reached, which could subject the State to larger damages if that case goes to trial.  But....

Many of the allegations detailed Wednesday were already known, but the public airing of them revealed the wide scope of the committee’s investigation into the state’s top lawyer and a member of the ruling Republican Party. The investigative committee has broad power to investigate state officials for wrongdoing, and three weeks ago the House expelled Bryan Slaton, R-Royse City, on its recommendation.

In this case, it could recommend the House censure or impeach Paxton — a new threat to an attorney general who has for years survived scandals and been reelected twice despite securities fraud charges in 2015 and news of a federal investigation into the whistleblowers’ claims in 2020.

...

Erin Epley, lead counsel for the investigating committee, said the inquiry also delved into the whistleblowers’ allegations by conducting multiple interviews with employees of Paxton’s agency — many of whom expressed fears of retaliation by Paxton if their testimony were to be revealed — as well as the whistleblowers and others with pertinent information.

According to state law, Epley told the committee in a hearing at the Capitol, a government official cannot fire or retaliate against “a public employee who in good faith reports a violation of law … to an appropriate law enforcement authority.”

The four whistleblowers, however, were fired months after telling federal and state investigators about their concerns over Paxton’s actions on behalf of Nate Paul, an Austin real estate investor and a friend and political donor to Paxton.

“Each of these four men is a conservative Republican civil servant,” Epley said. “Interviews show that they wanted to be loyal to General Paxton and they tried to advise him well, often and strongly, and when that failed each was fired after reporting General Paxton to law enforcement.”

Epley and the other investigators then walked the committee through the whistleblowers’ allegations, including that Paxton gave Paul help that went beyond the normal scope of his duties.

“I ask that you look at the pattern and the deviations from the norm, questions not just of criminal activity but of ethical impropriety and for lacking in transparency,” Epley told the committee. “I ask you to consider the benefits [for Paxton].”

In an effort to help Paul with various legal troubles, investigators said they believe Paxton committed possible crimes and ignored subordinates who warned that what he was doing was illegal. Investigator Donna Cameron said these include the felony offenses of:

Abuse of official capacity, for allegedly diverting senior employees to perform work that benefited Paul, providing at least $72,000 in taxpayer-funded labor costs.
Misuse of public information, for allegedly providing Paul with an internal FBI file related to an investigation into the developer.

Misapplication of fiduciary property, for allegedly hiring an outside lawyer for $25,000 to work inside the attorney general’s office, without the knowledge or consent of senior staff, to perform work that principally benefited Paul.

The public hearing to receive the investigators’ verbal report was rare for a committee that typically conducts its business in private. After listening to three hours of testimony, committee members gathered in a nearby room shortly after 11 a.m. to discuss the information in private, emerging about an hour later to report that no action had been taken in executive session.

I dunno.  Just the fact of the hearing is good enough for today.

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