‘Inflammatory statements’ ahead of Texas AG Ken Paxton’s trial rile up impeachment judge, leading to gag order

Left: Texas Lt. Gov. Dan Patrick speaks during a news conference at the Texas Capitol in Austin, Texas, Tuesday, June 6, 2023. Patrick will oversee the Senate trial on whether to remove impeached Texas Attorney General Paxton from office (AP Photo/Eric Gay). Right: Texas state Attorney General Ken Paxton makes a statement at his office in Austin, Texas, Friday, May 26, 2023 (AP Photo/Eric Gay).

Weeks ahead of the impeachment trial of Texas Attorney General Ken Paxton, the former justice handpicked to provide legal counsel to the official overseeing the case has said he can’t do the job because he donated to Paxton’s opponent in an election.

Texas Lt. Gov. Dan Patrick announced Friday that he had selected Justice Marc Brown, who served on the Lone Star State’s 14th Court of Appeals from 2013 to 2018, to serve as legal counsel to Patrick in Paxton’s pending impeachment trial, which is set to start on Sept. 5.

Paxton is facing impeachment allegations by the Texas House of Representatives after years of alleged wrongdoing, including taking bribes, obstructing justice in a criminal case pending against him, issuing improper grand jury subpoenas, and violating state whistleblower laws by firing employees who reported his misconduct. He is also accused of colluding with a real estate investor to employ a woman with whom Paxton had an extramarital affair in exchange for Paxton allegedly providing the investor with an FBI file related to an investigation of him. That investor, wealthy Paxton donor Nate Paul, was indicted in June for federal financial crimes.

“I was looking for a candidate with real-life courtroom experience as a lawyer and a judge who would serve as counsel and work side-by-side with me through this process,” Patrick said announcing Brown’s appointment.

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