Gag order issued ahead of Texas Attorney General Ken Paxton impeachment trial

AUSTIN — Lt. Gov. Dan Patrick on Monday issued a gag order barring parties to Texas Attorney General Ken Paxton’s upcoming impeachment trial from making “inflammatory or prejudicial statements” that could impair the proceedings.

The gag order prohibits members of the House and Senate — as well as witnesses, attorneys and other parties to the impeachment proceedings — from making public statements that could hurt the possibility of ensuring Paxton’s trial is fair and the court impartial. This includes comments about a witness or party’s reputation or credibility, information about subpoenas and physical evidence that may be presented and anything that may be inadmissible in court.

Paxton is accused of various abuses of power. His trial, in which senators will determine whether Paxton is removed from office, starts Sept. 5. He is suspended without pay.

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“The court further finds that out-of-court statements relating to the matters of this impeachment proceeding pose a serious and imminent threat to Warren Kenneth Paxton, Jr.’s, right to a fair trial of impeachment, the ability of the members of the court to remain fair and impartial, and to the fair administration of justice,” Patrick, who as president of the Senate will preside over the trial, said in issuing the order.

Patrick specifically singled out statements made by both Paxton’s supporters and the men who will prosecute the case against him as inappropriate in an exhibit attached to the order, including:

• The op-ed written by Rep. Andrew Murr, R-Junction, who led the investigation that ultimately resulted in Paxton’s impeachment, describing the allegations against the attorney general as a “shocking pattern of abuse and criminality;”
• Statements made by a House lawyer and a potential witness calling Paxton a “crook” and a “coward,” respectively; and
• Paxton’s lawyer Tony Buzbee calling the impeachment process “evil,” “illegal” and a “sham engineered by someone with a personal vendetta.”

The gag order does not apply to general statements provided “without comment” on public information, scheduling or “the general nature of the proceedings.”

Minutes before the gag order was issued, Buzbee issued an extensive statement calling the impeachment proceedings as a “flawed effort” based on personal animus. He accused House lawyers of withholding evidence.

“This demand for secrecy is unacceptable but not surprising from members of the very kangaroo court that impeached Ken Paxton, a body that was guided by politics instead of the law. It is clear that the House realizes there is no evidence to support impeachment, and the House doesn’t want the people of Texas to learn this fact,” Buzbee wrote.

Earlier Monday, before the gag order was issued, Buzbee had scheduled a press conference for Tuesday afternoon. He canceled Monday afternoon, noting Patrick’s order “appears to prevent him from publicly addressing these critical issues.”

This weekend, KXAN News released an interview with House Speaker Dade Phelan in which he said he hoped senators wouldn’t be pressured to evade their duty to ensure “the checks and balances on someone who did something wrong.”

Representatives for the House impeachment managers declined to comment, citing the gag order.

The media’s ability to publish public documents or other “information not otherwise prohibited by law” should be unaffected, according to the gag order.

The Texas House voted to impeach Paxton in late May. He is accused of abusing his office to help a campaign donor in exchange for help remodeling Paxton’s home and a job for the woman with whom Paxton was allegedly having an affair. The impeachment articles also allege he obstructed justice by having an ally delay Paxton’s securities fraud cases; Paxton was indicted in 2015 but has yet to go to trial.

Since impeachment, media outlets have published several stories providing further details about potential issues that may come up at trial. The Dallas Morning News wrote that House investigators are looking into the Paxton family’s personal and campaign finances, while The Wall Street Journal reported that their recent property buying spree is also under the microscope.

Last week, The News wrote that Paxton’s links to a company that landed a lucrative state contract are also being investigated.