I Get Text Messages

⚠️𝐏𝐚𝐱𝐭𝐨𝐧 𝐇𝐢𝐫𝐞𝐝 𝐒𝐩𝐞𝐜𝐢𝐚𝐥 𝐏𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐨𝐫 𝐭𝐨 𝐆𝐨 𝐀𝐟𝐭𝐞𝐫 𝐍𝐚𝐭𝐞 𝐏𝐚𝐮𝐥'𝐬 𝐂𝐫𝐞𝐝𝐢𝐭𝐨𝐫𝐬 𝐚𝐧𝐝 𝐅𝐞𝐝𝐞𝐫𝐚𝐥 𝐀𝐠𝐞𝐧𝐭𝐬. 

𝓒𝓗𝓐𝓟𝓣𝓔𝓡 5: Against the objections of his senior leadership team, Paxton hired a young lawyer with no prosecutorial experience – Brandon Cammack. Why? The Articles of Impeachment charge that Paxton made Cammack a "Special Prosecutor" so he could investigate a "baseless complaint" made by Paul accusing federal and state investigators of improperly conducting searches of Paul's business and home. Cammack then issued 30 grand jury subpoenas in an effort to help Paul. 

Cammack issued those subpoenas to Paul's creditors, business partners, banks, law officers, and prosecutors investigating the developer. Cammack even went after the Federal magistrate who authorized the search of Paul's business. A state judge quashed the subpoenas. 

Paxton claimed the Democrat Travis County D.A. in Austin asked for Cammack's appointment, but the D.A. at the time and other top Travis County officials deny they had anything to do with his hiring.

Ed. Note: had this happened, it would have legitimated Paxton’s investigation via Cammack. Maybe. The only problem is, of course, the story relies on the Travis County D.A. saying: “Yeah! That’s totally what happened!

Do not adjust your set. This is not a sitcom cliche.

❌ 𝐏𝐚𝐱𝐭𝐨𝐧 𝐈𝐬 𝐂𝐡𝐚𝐫𝐠𝐞𝐝 𝐖𝐢𝐭𝐡 𝐔𝐬𝐢𝐧𝐠 𝐇𝐢𝐬 𝐏𝐨𝐰𝐞𝐫𝐬 𝐀𝐬 𝐀.𝐆. 𝐓𝐨 𝐀𝐥𝐥𝐨𝐰 𝐒𝐮𝐛𝐩𝐨𝐞𝐧𝐚𝐬 𝐓𝐨 𝐁𝐞 𝐒𝐞𝐫𝐯𝐞𝐝 𝐎𝐧 𝐏𝐚𝐮𝐥'𝐬 𝐄𝐧𝐞𝐦𝐢𝐞𝐬. 

Political advertising paid for by Texans Against Public Corruption, Inc.

I don’t think any of Cammack’s testimony supported any of Paxton’s “defenses.” Buzbee today tried to prove the kitchen remodel of Paxton’s Austin home never happened. He wants to defeat the bribery allegations. But while Paxton paid an invoice dated September 1, 2020, metadata shows the invoice was created on October 1. 2020; the day the whistleblowers Paxton later fired (the ones who sued, the settlement of which suit started this impeachment process. We really never will stray far from that. To acquit Paxton is to approve the settlement price and call “no harm, no foul” to the behavior that got us here. Behavior that merely needs the appearance of impropriety and abuse of power and office for conviction.

And the bribery count is only 1 of 16. Conviction on any 1 of the others is sufficient to remove Paxton from office and bar him from returning to office.

So far, Buzbee has raised a doubt about a kitchen countertop. What he needs is everything, and the kitchen sink.

AND YES, prosecutors tested today without putting Paxton’s mistress on the stand. It would appear they simply ran out of time 

The House impeachment attorneys were racing against the clock Wednesday. At the start of the day, the prosecution had five hours and 17 minutes remaining to present their case, while Paxton’ side had almost double that.

Oh, that was the simple part. Then Buzbee forgot he wasn’t in a courtroom:

Around 5:30 p.m. Wednesday, toward the end of the seventh day of the trial, House lawyer Rusty Hardin announced the managers would rest. But he quickly realized he made the announcement too soon, cutting off further questioning of the current witness by either side. Paxton defense lawyer Tony Buzbee said he was fine with that and instead of beginning to present the defense’s case, he motioned for a directed verdict, a request for a dismissal of the articles of impeachment for lack of evidence. 

That set off a kerfuffle as jurors realized the seriousness of what Buzbee was seeking. They met behind closed doors for about 45 minutes to consider the request. 

When they returned, Lt. Gov. Dan Patrick, the presiding officer of the trial, announced Paxton’s lawyers had withdrawn their motions for the dismissal and the trial would proceed with the defense’s witnesses.

That’s a reasonable motion in a criminal trial. Partly it preserves error when denied , a ground for appeal.

There is no appeal from an impeachment.

And the question didn’t go to a judge while the jury waited outside the courtroom. It went to the jury. And at some point Buzbee knew he wasn’t winning the argument; and arguably, was making Senators reach conclusions before Paxton’s case was presented. Because now the “jury” had to decide whether the prosecution had made their case enough at least to continue.

And apparently they did, because Buzbee decided discretion was the better part of valor, and withdrew his motion.

Paxton is off to Maine to talk to Tucker Carlson. I really don’t think he should feel good about his future.

The flurry of events capped one of the most dramatic days of the trial. As Wednesday began, House impeachment managers sought to call a key witness — Laura Olson, the woman with whom Paxton allegedly had an affair — but it was too soon for her to testify under a rule requiring 24-hour notice. 

By late afternoon, Olson became eligible to testify, but the two sides reached an unspecified agreement that resulted in her leaving the Capitol without taking the stand. Patrick only said that she had “been deemed unavailable to testify,” but she was planning to assert her Fifth Amendment right against self-incrimination and refuse to answer questions, according to two people with direct knowledge of the situation.

It seems unlikely the House didn’t know she would plead the 5th (is she also under FBI investigation? It doesn’t matter to her right, but it’s a question). But it also makes Buzbee’s motion even more curious. He held the high cards for the moment; and threw them away.

I really do think his reputation is highly overstated.