(Bethany Blankley, The Center Square) – The Republican Party of Texas argued any attempts by House Speaker Dade Phelan, R-Beaumont, to schedule a vote to impeach Attorney General Ken Paxton, or the House voting to impeach him, is “a sham.”
A Houston-area lawmaker called the House impeaching Paxton illegal
On Thursday, six members of a House committee voted to recommend the House impeach Paxton on 20 articles of impeachment. The House scheduled the resolution to impeach and successfully passed articles of impeachment against a sitting attorney general on Saturday (for the first time ever).
Republican Party of Texas Chairman Matt Rinaldi issued a statement Friday saying, “This sham impeachment is the result of the Phelan leadership team empowering Democrats, allowing them to hold leadership positions and letting them control the agenda. It is based on allegations already litigated by voters, led by a liberal Speaker trying to undermine his conservative adversaries, and investigated by lawyers connected to a Democrat on the House General Investigations Committee.
“The voters have supported General Paxton through three elections – and his popularity has only grown despite millions of dollars spent to try and defeat him. Now the Texas House is trying to overturn the election results.”
Rep. Steve Toth, R-Woodlands, argued it’s illegal for the House to impeach Paxton according to Government Code Chapter 665 Impeachment and Removal Sec. 665.081. It states: “NO REMOVAL FOR ACTS COMMITTED BEFORE ELECTION TO OFFICE. (a) An officer in this state may not be removed from office for an act the officer may have committed before the officer’s election to office.”
In a Facebook live post, he read the statute and said, “It’s really clear. You can’t remove a statewide office holder under an alleged accusation that occurred before the person was elected. That’s exactly what they’re doing right now.”
The problem with impeachment, Toth said, “is that as the House votes to do this, and they’ll do it. You’ll get all 64 Democrats and a few Republicans and Ken Paxton will be impeached.”
What will happen next, he said, is “this will end up going to the courts and a temporary restraining order will be issued.”
Josh Blackman, a constitutional law professor at the South Texas College of Law Houston, argued, “Many of the allegations against Paxton occurred before Paxton was elected to a third term in office in November 2022. And Paxton’s lawyer has cited Section 665.081 as a possible defense. He contends that the voters re-elected Paxton, with full knowledge of the allegations against him.”
Blackman, an adjunct scholar at the Cato Institute and the president of the Harlan Institute, explained in an article published by Reason that, “Section 665.081 can be read in two different ways. First, an officer cannot be removed for an act he committed before being elected to his current term in office. Second, an officer cannot be removed for an act he committed before being elected to his first term of his current position. Under the first reading, Paxton could not be removed for conduct that occurred before November 2022. Under the second reading, Paxton could not be removed for conduct that occurred before November 2014, when he was elected to his first term.”
The Texas House had never impeached an attorney general. It impeached a sitting governor in 1917, Gov. James Ferguson, and a state judge in 1975, Judge O.P. Carrillo.
The case now goes to the state Senate for trial.
