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Former colleagues of Texas Attorney General Ken Paxton testify against him in impeachment trial

Former top officials from the Texas attorney general's office testified that Ken Paxton pressured them to take action to help his friend who was facing legal troubles.

AUSTIN, Texas (CN) — Suspended Texas Attorney General Ken Paxton’s pursuit of a private matter affecting a personal friend led to him violating his oath of office, a whistleblower who testified during Paxton's impeachment trial Wednesday said.

On Tuesday, Paxton appeared briefly in the Texas Senate to plead not guilty to the 16 articles of impeachment against him. Senators have been tasked as jurors to decide whether or not Paxton should be permanently removed from office after being suspended without pay in May when the Texas House overwhelmingly voted to impeach the third-term incumbent Republican.

Now, the Senate must decide whether it will follow suit.

Wednesday’s testimony focused heavily on Paxton’s relationship with Austin real estate mogul Nate Paul. Several of the articles of impeachment against Paxton are based on allegations he used his office to help Paul, who was being investigated by state and federal law enforcement officials. Paxton also stands accused of accepting bribes from Paul in the form of renovations to his home and a job for a woman with whom the attorney general was having an affair.

Paul was arrested in June by federal law enforcement officials for allegedly lying to financial institutions to secure loans for his businesses. 

Taking questions from House impeachment lawyer Rusty Hardin, Jeff Mateer testified about his time at the attorney general's office and what led him to report Paxton to the FBI before resigning. 

Mateer served as Paxton’s second in command starting in 2018 as first assistant attorney general. He described himself as a “rule of law kind of guy,” who was a strong supporter of Paxton’s conservative agenda. 

Mateer became increasingly concerned with his boss’ leadership during the summer of 2020, when he said that Paxton began pressuring him to have the office intervene in some of Pauls legal troubles. 

“One of the jobs of the first assistant attorney general ... was to protect the attorney general and quite frankly, I obviously failed at that," said Mateer. "I came to the conclusion that Mr. Paul enabled Mr. Paxton and despite my efforts and the other deputies' efforts, we could not protect him because he didn't want our protection."

Throughout the summer of 2020, Paxton became more interested in helping Paul with his legal troubles, according to Mateer. Paul, who had his home and businesses raided by the FBI in 2019, made several requests to the attorney general’s office to look into the investigators' warrants, claiming that they had been altered. 

In August, Mateer said he was stunned when the attorney general’s office released a legal opinion limiting foreclosure proceedings, citing the state limitations on outdoor gatherings during the early months of the Covid-19 pandemic. Paxton allegedly called on his staff to write the opinion to help stave off the foreclosure of properties Paul owned. The former staffer said the opinion went against everything he and Paxton were trying to do to lift pandemic restrictions in Texas. 

"We were at the forefront of having Texas reopen,” Mateer said.

Mateer testified that his concerns about Paxton’s relationship with Paul came to a head in September when the attorney general began looking into hiring an outside lawyer named Brandon Cammack to investigate claims of misconduct from state and federal investigators that executed the search warrants on Paul’s home and businesses. Despite Paxton’s urging of Mateer and other top staffers to sign off on the hiring of Cammack, Mateer refused, believing that Cammack was not qualified and that Paxton should not be so closely involved in the matter.

“I asked him, and it was not the first time, 'Ken, why are we involved in this,'” Mateer said. “It just did not make sense to me. By this time [the office] knew a lot more about Paul, about who he was … and that he was not a good guy.”

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Mateer became convinced that the attorney general was trying to pressure staff in the office to take actions to help Paul and that served no interest of the people of Texas. He, along with a group of other top officials from the office, reported Paxton to the FBI on Sept. 30, 2020, alleging abuses of office. Two days later, Mateer resigned from his post. 

Some of the whistleblowers went on to sue Paxton for allegedly retaliating against them for reporting him, which later led to a $3.3 million settlement Paxton sought to have the legislature pay for and the subsequent investigation into him and impeachment. 

After passing the witness, Paxton’s lead attorney, Tony Buzbee, accused the Mateer of “staging a coup” at the attorney general’s office. 

“You as the leader, once you heard all of these foolish concerns, some of which you might have believed and some of which you didn’t, your job at that point in time was to go to your boss, isn’t that right,” Buzbee asked the witness. “Is it because you wanted to be the attorney general? Is that what is going on?”

Defiant, Mateer denied ever wanting to take on the role.

“I came to help Ken Paxton," Mateer said. "I came down to a city I didn’t want to move to." 

Buzbee freqeuntly attempted to paint Mateer as someone who failed to gather all the facts concerning the hiring of Cammack and the investigations of search warrants executed on Paul’s properties. Buzbee also minimized the accusations that Mateer and other whistleblowers took to the FBI.

“In three years [the FBI] has done nothing with the information you provided and that is the subject of this impeachment,” said Buzbee. 

The second witness to testify Wednesday was Ryan Bangert, who also worked at the attorney general’s office, serving as the deputy first assistant attorney general.

Much of Bangert's testimony focused on the 2020 legal opinion that blocked foreclosure proceedings under gathering restrictions issued by the governor. What first began as a passing comment, Bangert said, turned into Paxton exerting great pressure to have him and other staffers write and publish the legal opinion.

The opinion that was produced stated that pandemic-era gathering restrictions should not prevent foreclosure proceedings from going through. Bangert said that he then heard directly from Paxton who told him to rewrite the opinion stating the opposite.

Hardin asked Bangert to describe the attorney general’s conduct as he requested the opinion be rewritten.

“It was bizarre,” Bangert said. “He was acting like a man with a gun to his head … anxious, nervous, urgent that we get this out as quickly as humanly possible.”

Paxton told Bangert several times that the opinion was needed to “help protect Texas homeowners.” However, Bangert saw the opinion as contrary to the law and not in the best interest of Texans.

Lieutenant Governor Dan Patrick adjourned the court of impeachment shortly thereafter, with Bangert still on the stand. 

The trial is expected to continue throughout the rest of the week and may stretch on for several weeks. Ken Paxton was not present for Wednesday’s proceedings and is not required to testify. More former staffers from the attorney general’s office are expected to testify, including those who, along with Mateer, reported Paxton to the FBI. 

Senators have remained tight-lipped on how they view the case. The body did however, vote down efforts to dismiss the articles of impeachment, indicating that many of the lawmakers in the Republican-controlled Senate are open to deliberating on the evidence. 

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Categories / Government, Law, Politics, Trials

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