Ken Paxton accepts judgment in whistleblower suit that prompted his impeachment

AUSTIN, Texas (CN) — In a court filing Thursday, Texas Attorney General Ken Paxton decided not to contest allegations against him in the ongoing whistleblower lawsuit that led to his historic impeachment last year. 

In both the filing and in a statement, Paxton said that the decision to accept a judgment from the court and not challenge any of the facts was made to end what he called wasteful litigation and get back to going after his top enemy, President Joe Biden. 

“By taking this action, the Office of the Attorney General has put an end to the plaintiffs’ long-running political stunt and re-committed the entirety of agency expertise and resources to our urgent legal initiatives, including our era-defining immigration lawsuits against the Biden Administration,” said Paxton. 

While the filing purports to seek an end to the yearslong legal battle with the whistleblowers, the attorney general strikes a particularly defiant tone, describing the four plaintiffs as “rouge employees” with a vendetta against the third-term Republican. Paxton further argues that the whistleblowers are essentially seeking a “do-over” in state court after the Texas Senate acquitted Paxton on all charges during his impeachment.

Thomas Nesbitt, an attorney representing Blake Brickman in the case, said in an interview that the filing will do nothing to end the lawsuit his client and three others brought against their former boss under the Texas Whistleblowers Act. Calling the filing a “stunning tucking of his tail”, Nesbitt said he believes Paxton is attempting to avoid being deposed in the lawsuit and possibly incriminating himself.  

“This is a pathetic delay tactic by Ken Paxton,” Nesbitt said. “He is under a court order, which was affirmed by the highest court in our state, ordering him to be deposed in our lawsuit before Feb. 9. It is pathetic and disgraceful, but that is who Ken Paxton is.”

The court order Nesbitt points to as the nexus for his filing was affirmed by the Texas Supreme Court late on Jan. 12. In denying Paxton’s motion to end the lawsuit, the high court essentially paved the way for him to face being questioned on the witness stand in Travis County District Court. 

Paxton’s office has not returned requests for comment on this filing and whether the Texas Supreme Court’s decision played a role in his seeking a resolution in the case.

In 2020, four of Paxton’s top staffers reported him to the FBI for purportedly using his office to benefit a friend and campaign donor, Nate Paul. The whistleblowers reported that Paul — an Austin real estate mogul — provided bribes to their boss in the form of home renovations and a job for a woman Paxton was having an extramarital affair with. 

Paul himself is facing eight felony counts of making false statements to financial institutions to secure business loans.   

When the whistleblowers were later fired, they sued Paxton for wrongful termination. In 2023, the parties moved to settle the case with a public apology from Paxton and a $3.3 million payment. After Paxton went to the legislature to request funding for the settlement, lawmakers in the Texas House conducted an investigation which led to his impeachment and temporary suspension from office. These events cumulated in Paxton receiving a full acquittal of all charges in the Texas Senate and his reinstatement into office. 

Following the conclusion of the Senate trial, the plaintiffs filed an amended petition to eschew the previous settlement and move forward with their claims against the attorney general. 

Nesbitt said that despite the filing he will not allow the case to be slowed down. Furthermore, he plans to fight against any attempts he expects the Office of the Attorney General to make to stop Paxton from being deposed.

“Paxton is terrified of answering questions about his own conduct,” he said. “This lawsuit goes on and my client, Blake Brickman, intends to continue pursuing it.”

Unlike in Paxton’s trial in the Texas Senate, attorneys representing the whistleblowers plan to have not only the man himself testify but also key characters such as Nate Paul and Paxton’s mistress, Laura Olsen. 

Since the beginning of this legal fight in 2020, Paxton has denied all wrongdoing and argues that he did not violate state law by firing the employees. Throughout much of this most recent filing, he lauded the Texas Senate’s trial and held it as evidence that he is innocent. Moreover, in both court documents and in statements to the media, Paxton has painted this case and his impeachment as an effort from the Biden administration to get rid of its loudest critic. 

This long enduring legal battle is primed to continue throughout the year with depositions of all parties involved to be taken no later than Feb. 9. Under the Texas Whistleblower Act, any employee who was wrongfully terminated may be entitled to recover lost wages and compensatory damages, all things the plaintiffs have said they fully intend to seek. 

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