| |
| |
|
|
R E S O L U T I O N
|
|
|
BE IT RESOLVED by the House of Representatives of the State of |
|
|
Texas, That Warren Kenneth Paxton Jr., Attorney General of the |
|
|
State of Texas, is impeached and that the following articles of |
|
|
impeachment be exhibited to the Texas Senate: |
|
|
ARTICLES OF IMPEACHMENT |
|
|
Exhibited by the House of Representatives of the State of |
|
|
Texas in the name of itself and of all the people of the State of |
|
|
Texas against Warren Kenneth Paxton, Attorney General of the State |
|
|
of Texas, in maintenance and support of its impeachment against |
|
|
him. |
| |
|
|
ARTICLE I |
|
|
(Disregard of Official Duty- |
|
|
Protection of Charitable Organization) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton violated the duties of his office by failing to act as public |
|
|
protector of charitable organizations as required by Chapter 123, |
|
|
Property Code. |
|
|
Specifically, Paxton caused employees of his office to |
|
|
intervene in a lawsuit brought by the Roy F. & JoAnn Cole Mitte |
|
|
Foundation against several corporate entities controlled by Nate |
|
|
Paul. Paxton harmed the Mitte Foundation in an effort to benefit |
|
|
Paul. |
| |
|
|
ARTICLE II |
|
|
(Disregard of Official Duty-Abuse of the Opinion Process) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton misused his official power to issue written legal opinions |
|
|
under Subchapter C, Chapter 402, Government Code. |
|
|
Specifically, Paxton caused employees of his office to |
|
|
prepare an opinion in an attempt to avoid the impending foreclosure |
|
|
sales of properties belonging to Nate Paul or business entities |
|
|
controlled by Paul. Paxton concealed his actions by soliciting the |
|
|
chair of a senate committee to serve as straw requestor. |
|
|
Furthermore, Paxton directed employees of his office to reverse |
|
|
their legal conclusion for the benefit of Paul. |
| |
|
|
ARTICLE III |
|
|
(Disregard of Official Duty-Abuse of the Open Records Process) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton misused his official power to administer the public |
|
|
information law (Chapter 552, Government Code). |
|
|
Specifically, Paxton directed employees of his office to act |
|
|
contrary to law by refusing to render a proper decision relating to |
|
|
a public information request for records held by the Department of |
|
|
Public Safety and by issuing a decision involving another public |
|
|
information request that was contrary to law and applicable legal |
|
|
precedent. |
| |
|
|
ARTICLE IV |
|
|
(Disregard of Official Duty-Misuse of Official Information) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton misused his official power to administer the public |
|
|
information law (Chapter 552, Government Code). |
|
|
Specifically, Paxton improperly obtained access to |
|
|
information held by his office that had not been publicly disclosed |
|
|
for the purpose of providing the information to the benefit of Nate |
|
|
Paul. |
| |
|
|
ARTICLE V |
|
|
(Disregard of Official Duty-Engagement of Cammack) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton misused his official powers by violating the laws governing |
|
|
the appointment of prosecuting attorneys pro tem. |
|
|
Specifically, Paxton engaged Brandon Cammack, a licensed |
|
|
attorney, to conduct an investigation into a baseless complaint, |
|
|
during which Cammack issued more than 30 grand jury subpoenas, in an |
|
|
effort to benefit Nate Paul or Paul's business entities. |
| |
|
|
ARTICLE VI |
|
|
(Disregard of Official Duty-Termination of Whistleblowers) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton violated the duties of his office by terminating and taking |
|
|
adverse personnel action against employees of his office in |
|
|
violation of this state's whistleblower law (Chapter 554, |
|
|
Government Code). |
|
|
Specifically, Paxton terminated employees of his office who |
|
|
made good faith reports of his unlawful actions to law enforcement |
|
|
authorities. Paxton terminated the employees without good cause or |
|
|
due process and in retaliation for reporting his illegal acts and |
|
|
improper conduct. Furthermore, Paxton engaged in a public and |
|
|
private campaign to impugn the employees' professional reputations |
|
|
or prejudice their future employment. |
| |
|
|
ARTICLE VII |
|
|
(Misapplication of Public Resources- |
|
|
Whistleblower Investigation and Report) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton misused public resources entrusted to him. |
|
|
Specifically, Paxton directed employees of his office to |
|
|
conduct a sham investigation into whistleblower complaints made by |
|
|
employees whom Paxton had terminated and to create and publish a |
|
|
lengthy written report containing false or misleading statements in |
|
|
Paxton's defense. |
| |
|
|
ARTICLE VIII |
|
|
(Disregard of Official Duty-Settlement Agreement) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton misused his official powers by concealing his wrongful acts |
|
|
in connection with whistleblower complaints made by employees whom |
|
|
Paxton had terminated. |
|
|
Specifically, Paxton entered into a settlement agreement |
|
|
with the whistleblowers that provides for payment of the settlement |
|
|
from public funds. The settlement agreement stayed the wrongful |
|
|
termination suit and conspicuously delayed the discovery of facts |
|
|
and testimony at trial, to Paxton's advantage, which deprived the |
|
|
electorate of its opportunity to make an informed decision when |
|
|
voting for attorney general. |
| |
|
|
ARTICLE IX |
|
|
(Constitutional Bribery-Paul's Employment of Mistress) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton engaged in bribery in violation of Section 41, Article XVI, |
|
|
Texas Constitution. |
|
|
Specifically, Paxton benefited from Nate Paul's employment |
|
|
of a woman with whom Paxton was having an extramarital affair. Paul |
|
|
received favorable legal assistance from, or specialized access to, |
|
|
the office of the attorney general. |
| |
|
|
ARTICLE X |
|
|
(Constitutional Bribery- |
|
|
Paul's Providing Renovations to Paxton Home) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton engaged in bribery in violation of Section 41, Article XVI, |
|
|
Texas Constitution. |
|
|
Specifically, Paxton benefited from Nate Paul providing |
|
|
renovations to Paxton's home. Paul received favorable legal |
|
|
assistance from, or specialized access to, the office of the |
|
|
attorney general. |
| |
|
|
ARTICLE XI |
|
|
(Obstruction of Justice-Abuse of Judicial Process) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton abused the judicial process to thwart justice. |
|
|
After Paxton was elected attorney general, Paxton was |
|
|
indicted by a Collin County grand jury for engaging in fraud or |
|
|
fraudulent practices in violation of The Securities Act (Title 12, |
|
|
Government Code). Paxton then concealed the facts underlying his |
|
|
criminal charges from voters by causing protracted delay of the |
|
|
trial, which deprived the electorate of its opportunity to make an |
|
|
informed decision when voting for attorney general. |
| |
|
|
ARTICLE XII |
|
|
(Obstruction of Justice-Abuse of Judicial Process) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton abused the judicial process to thwart justice. |
|
|
Specifically, Paxton benefited from the filing of a lawsuit |
|
|
by Jeff Blackard, a donor to Paxton's campaign, that interfered |
|
|
with or disrupted payment of the prosecutors in a criminal |
|
|
securities fraud case against Paxton. Blackard's actions caused |
|
|
protracted delay in the criminal case against Paxton, including the |
|
|
delay of discovery of facts and testimony at trial, to Paxton's |
|
|
advantage, which deprived the electorate of its opportunity to make |
|
|
an informed decision when voting for attorney general. |
| |
|
|
ARTICLE XIII |
|
|
(False Statements in Official Records- |
|
|
State Securities Board Investigation) |
|
|
While holding office as attorney general, and prior to, |
|
|
Warren Kenneth Paxton made false statements in official records to |
|
|
mislead both the public and public officials. |
|
|
Specifically, Paxton made false statements to the State |
|
|
Securities Board in connection with its investigation of his |
|
|
failure to register with the board as required by law. |
| |
|
|
ARTICLE XIV |
|
|
(False Statements in Official Records- |
|
|
Personal Financial Statements) |
|
|
While holding office as attorney general, and prior to, |
|
|
Warren Kenneth Paxton made misrepresentations or false or |
|
|
misleading statements in official filings to mislead both the |
|
|
public and public officials. |
|
|
Specifically, Paxton failed to fully and accurately disclose |
|
|
his financial interests in his personal financial statements |
|
|
required by law to be filed with the Texas Ethics Commission in |
|
|
furtherance of the acts described in one or more articles. |
| |
|
|
ARTICLE XV |
|
|
(False Statements in Official Records- |
|
|
Whistleblower Response Report) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton made false or misleading statements in official records to |
|
|
mislead both the public and public officials. |
|
|
Specifically, Paxton made or caused to be made multiple false |
|
|
or misleading statements in the lengthy written report issued by |
|
|
his office in response to whistleblower allegations. |
| |
|
|
ARTICLE XVI |
|
|
(Conspiracy and Attempted Conspiracy) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton acted with others to conspire, or attempt to conspire, to |
|
|
commit acts described in one or more articles. |
| |
|
|
ARTICLE XVII |
|
|
(Misappropriation of Public Resources) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton misused his official powers by causing employees of his |
|
|
office to perform services for his benefit and the benefit of |
|
|
others. |
| |
|
|
ARTICLE XVIII |
|
|
(Dereliction of Duty) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton violated the Texas Constitution, his oaths of office, |
|
|
statutes, and public policy against public officials acting |
|
|
contrary to the public interest by engaging in acts described in one |
|
|
or more articles. |
| |
|
|
ARTICLE XIX |
|
|
(Unfitness for Office) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton engaged in misconduct, private or public, of such character |
|
|
as to indicate his unfitness for office, as shown by the acts |
|
|
described in one or more articles. |
| |
|
|
ARTICLE XX |
|
|
(Abuse of Public Trust) |
|
|
While holding office as attorney general, Warren Kenneth |
|
|
Paxton used, misused, or failed to use his official powers in a |
|
|
manner calculated to subvert the lawful operation of the government |
|
|
of the State of Texas and obstruct the fair and impartial |
|
|
administration of justice, thereby bringing the Office of Attorney |
|
|
General into scandal and disrepute to the prejudice of public |
|
|
confidence in the government of this State, as shown by the acts |
|
|
described in one or more articles. |
| |
|
|
PRAYER |
|
|
Accordingly, the House of Representatives of the State of |
|
|
Texas, reserving to itself the prerogative of presenting at any |
|
|
future date further articles of impeachment against Warren Kenneth |
|
|
Paxton; of replying to any answer he makes to these articles; and of |
|
|
offering proof to sustain each of the above articles and to any |
|
|
other articles which may be preferred, requests that Warren Kenneth |
|
|
Paxton be called upon to answer these articles of impeachment in the |
|
|
Texas Senate, and that in those proceedings the examinations, |
|
|
trials, and judgments be conducted and issued in accordance with |
|
|
law and justice. |