Posted on 08/05/2023 4:37:07 AM PDT by MtnClimber
The AG has been subjected to longstanding prosecutorial misconduct in still-pending criminal proceedings.
Liberty-minded legal scholars decry prosecutorial abuses—including over-criminalization of conduct, overcharging of defendants, selective prosecution, and politicized sentencing—as we descend ever-further into the arbitrary enforcement of laws. University of Tennessee law professor Glenn Reynolds calls the weaponization of the criminal justice system “ham sandwich nation,” referring to the notorious ease over-aggressive prosecutors have in obtaining indictments from grand juries. Unscrupulous prosecutors can (and do) use this imbalance of power to coerce plea bargains from out-matched defendants lacking the resources to defend themselves.
But at least criminal defendants enjoy due process protections: the presumption of innocence, an exacting burden of proof (“beyond a reasonable doubt”), the requirement of a unanimous verdict by an unbiased jury, sworn testimony, and a myriad of procedural rules with which prosecutors must comply. For example, criminal defendants are entitled to detailed statements of the charges they face, pre-trial disclosures, the right to confront witnesses through cross-examination, the right to an appeal, and many other protections. The unsavory tactics of “ham sandwich nation” are increasingly being used by elected officials to kneecap their political opponents, without the accompanying niceties.
In the sphere of political lawfare—attempts to circumvent the will of the voters through quasi-legal maneuvers such as impeachment—we see the worst of both worlds: vindictive legal proceedings without due process protections. These abuses were evident in the two unsuccessful impeachment proceedings against President Trump (not to mention the unprecedented spate of subsequent indictments), but that was just a dress rehearsal. In the upcoming impeachment trial of thrice-elected Texas Attorney General Ken Paxton, scheduled to begin in the Texas Senate on September 5, the abuses of “ham sandwich nation” are on full display. Paxton was relieved of his duties as AG upon the impeachment vote of the Texas House of Representatives—the equivalent of an indictment—before his “trial” in the Texas Senate even began. So much for the presumption of innocence! The Senate can convict upon a two-thirds vote of its members.
Paxton has been subjected to longstanding prosecutorial misconduct in still-pending criminal proceedings, such as the government’s hiring of partisan mercenaries to act as prosecutors, filing frivolous charges, moving to change venue to deprive Paxton of a jury of his peers, and colluding with reporters to prejudice the public against Paxton. None of these dirty tricks worked as planned to cripple Paxton politically. Paxton, first elected as AG in 2014, was handily re-elected in 2018 and 2022. Texas voters believe Paxton is doing a great job as Attorney General and wish to keep him on the job. Paxton’s political enemies—an odd alliance of liberal Democrats and so-called “establishment Republicans” (a/k/a RINOs)—feel differently and are trying to disqualify him from future elective office by impeaching him for conduct that was well-publicized prior to his 2022 re-election.
In other words, RINOs in the Texas House of Representatives (led by controversial Speaker Dade Phelan, elected to that influential post with Democrat support) want to override the will of Texas voters and remove a statewide elected official who just won a landslide election with almost 4.3 million votes. In the GOP primary runoff, Paxton beat RINO opponent George P. Bush (Jeb’s son and GWB’s nephew) by more than a 2-to-1 margin! The grassroots love Paxton even if the political class in Texas’s capitol does not. In a democracy, the voters should prevail over internecine political intrigue.
Paxton’s legal team is not rolling over. Led by firebrand Houston litigator Tony Buzbee, Paxton’s legal team has complained about the lack of due process in the impeachment proceedings. Paxton’s lawyers have demanded production of relevant documents prior to the “trial,” moved for a “bill of particulars” providing greater specificity than the vague articles of impeachment themselves (which lack dates, names, and other essential details), objected to Senate “jurors” who have publicly expressed the belief that Paxton is guilty (before hearing the evidence against him), and moved to dismiss 19 of the 20 articles of impeachment on the ground that they are based on well-publicized events that occurred prior to the 2022 election.
Texas law (Texas Gov’t Code § 665.081) defers to the will of the voters when seeking the removal of elected officials (and in Texas, nearly all officials, even judges, are elected). Paxton’s lawyers urge that “all but one of 20 articles of impeachment be dismissed, arguing his removal would ‘override the will of the people’ who elected him with knowledge of his alleged misconduct…. Paxton’s lawyers argued that almost all of the allegations outlined by House investigators were known to voters at the time of his most recent election, and that his impeachment would thus negate the will of Texas voters.” Paxton’s team also filed a companion motion to exclude evidence of conduct known to the voters prior to the election. In Texas, the voters are the ultimate judge and jury of elected officials, not a cabal of RINO insiders in the legislature.
It is doubtful that the Senate—more sober-minded than the House and led by conservative stalwart Lt. Gov. Dan Patrick – will convict Paxton, but it is essential that the proceedings follow the law and provide the accused with due process. “Ham sandwich” or not, the highly visible impeachment proceedings must be conducted fairly. The Texas Senate would be well-advised to avoid the ignominy that the farcical Trump impeachments brought upon the U.S. House of Representatives. Political lawfare debases elections and shows contempt for voters. The Lone Star State deserves better.
More lawfare against Republicans. When will the ‘RATs get prosecuted for all of their misdeeds?
Why the sudden increase of ham sandwiches in the Republican Party?
This is really about the Texas v. Pennsylvania case which the Supreme court wouldn’t hear.
bkmk
Are there ten fair minds in the Texas Senate?
He will NEVER be removed from office by the Senate .... not in TEXAS !! Thank GOD !
I have met Ken Paxton and his wife Angela Paxton, a state senator. AND NO, she does not need to recuse! If we could push a button, and instantly insert Ken in place of quid pro Joe, the country would be way, way better off. Hopefully pres. Trump will appoint Ken to US Attorney General.
When Paxton first got elected, the dims and their media buds went after him like a pack of wolves. To me that was a signal that they were scared of him.
It’s the GOOBers who are trying to lynch Paxton. He’s filing and winning too many suits against their boy, FJB.
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Love your user name.
There is zero oversight of prosecuting attorneys. There should be, somehow.
95% of cases are closed with poker game plea deals.
This is just more lawfare from the democrats and supported by RINOs.
It is little known outside of the state, but that's how the Texas house has worked for decades, which is one of the reasons it takes so long to actually accomplish any actual conservative policies in the state. The democrats and RINOs join together to gain effective control of the Texas House.You have a couple of high-population democrat strongholds, such as Houston, Dallas, and Austin that basically control the political process in a manner that is far in excess of their actual numbers.
A ping out to the Texas Ping list, founded by Windflier.
An excellent summary of the indictment of Ken Paxton.
Of course, if the FW Star Telegram and the DMN both support the indictment, then you know which way the politics blow.
Another special Texas summer edition for your perusal.
As always, please FReepmail me if you want on or off the Texas Ping list.
Blessings, and stay cool!
Paxton getting the Pres Trump lawfare/political opponent treatment….by the same NWO creeps.
My stars. Is there Nothing the people of Texas can do??
Other than Trump making him the US Attorney General of the US Justice Department?
Sounds to me like the one that needs impeaching is Dade Phelan...not Paxton (note...I live in San Antonio).
This is really about the Texas v. Pennsylvania case which the Supreme court wouldn’t hear.
~~~~~~
The ad hoc election laws written by swing state governors, secretaries of state and state courts in 2020 deprived voters in other states like Texas of 14th Amendment equal representation in Washington. This issue is at the heart of the presidential election fraud which overturned the will of voters in other states like Texas. Ken Paxton made this exact case to the Supreme Court, and this issue is exactly why he is being taken to the woodshed by his supposed allies.
My supposedly-Republican state rep Ann Johnson is helping to lead this impeachment. She has received my final vote. We’re done.
This is really about the Texas v. Pennsylvania case which the Supreme court wouldn’t hear.
~~~~~~
The ad hoc election laws written by swing state governors, secretaries of state and state courts in 2020 deprived voters in other states like Texas of 14th Amendment equal representation in Washington. This issue is at the heart of the presidential election fraud which overturned the will of voters in other states like Texas. Ken Paxton made this exact case to the Supreme Court, and this issue is exactly why he is being taken to the woodshed by his supposed allies.
My supposedly-Republican state rep Ann Johnson is helping to lead this impeachment. She has received my final vote. We’re done.
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