Texas Attorney General Ken Paxton sought to end a whistleblower lawsuit by former top staff members on Thursday, announcing his agency would not contest the facts of the case and would accept any judgment.
The lawsuit was brought by a group of former top deputies. They alleged they were improperly fired for reporting Paxton to the FBI on claims he was misusing his office to protect a friend and campaign donor, who in turn was helping Paxton conceal an extramarital affair.
The allegations in the lawsuit were among the impeachment charges brought against the Republican last year by the state House of Representatives, of which he was ultimately acquitted after a Senate trial. Republicans hold large majorities in both chambers.
Paxton's attempt to push the lawsuit to closure comes as he faces the likelihood of having to sit for a deposition and answer questions under oath. Paxton did not testify during his impeachment trial.
“There is clearly no length to which Ken Paxton will go to to avoid putting his hand on a Bible and telling the truth, including confessing to violating the whistleblower act and opening up the states’ coffers to an uncontested judgement,” said TJ Turner, lawyer for David Maxwell, one of the former assistants who sued Paxton.
Turner said he’s reviewing the motion and evaluating his client’s legal options.
“It does not end the case,” said Tom Nesbitt, a lawyer for another one one of the whistleblowers, Blake Brickman. “This is a pathetic bid for more delay by a coward.”
It was Paxton's initial attempt to settle the case for $3.3 million and ask the state to pay for it that prompted House lawmakers to conduct their own investigation and vote to impeach him. As a term of that preliminary deal, the attorney general agreed to apologize for calling his accusers “rogue” employees.
But in a statement Thursday, Paxton again called the group “rogue former employees” and said it would be up to the Legislature to determine what they would be paid, if anything.
“It has become increasingly clear their objective is not to resolve an employment lawsuit but to sabotage my leadership and this agency, ultimately aiming to undermine Texas as the nation’s leader against the federal government’s unlawful policies," Paxton said.
Statement from Texas Rep. Andrew Murr (R-Junction), chair of the House General Investigating Committee
“This week, we all saw a pivotal moment in the lawsuit against Ken Paxton by courageous conservative whistleblowers. Mr. Paxton, in a move that speaks volumes, has dropped all pretense of innocence. He's admitted to what many in the Texas House have known in our hearts to be true: he flagrantly broke the law, violated the Whistleblower Act and betrayed the trust placed in him by retaliating against his own team, those who bravely reported his illegal actions. As the Chairman of the House Board of Managers, tasked with leading his impeachment trial before the Texas Senate, this admission is stark and undeniable confirmation of our grave concerns. It confirms our assertion that the allegations in Impeachment Articles 6, 7, 8, and 15 are not just claims, but sad truths.
Mr. Paxton's recent admission in the whistleblower lawsuit, a tactic clearly being deployed to dodge a deposition, exposes a disturbing truth. In a deposition, one is compelled to speak under oath, a concept Mr. Paxton seems to have repeatedly and deliberately avoided in numerous lawsuits and throughout the impeachment trial. His relentless evasion of the truth, coupled with his constant legal maneuvering, is not just disappointing; it shows clear disregard for the principles of justice and accountability. During his impeachment trial, I emphasized a point that I know Texans hold dear in their hearts: we expect and deserve our elected officials to be accountable, to follow the law, and to be role models of integrity.
Now, as the whistleblower lawsuit moves forward, it's painfully clear that Mr. Paxton is scrambling to avoid the consequences of his actions. But let’s not forget, litigation is the bedrock of justice, and it is a process in which all parties may assert their rights under the law. On behalf of my colleagues in the House and the countless Texans we represent, I look forward to watching the whistleblower lawsuit continue through the court system, as it is supposed to do for any aggrieved and wronged party. We look forward to seeing justice served, ensuring that those who have been wronged receive the vindication they deserve, and to Mr. Paxton being held accountable for his actions.”