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Why attorney Dan Cogdell thought his client, Texas AG Ken Paxton, would be convicted in impeachment trial

KHOU 11's Len Cannon talked to Cogdell about both the impeachment trial and the deal that ended his securities fraud case.

HOUSTON — Editor's note: Len Cannon's questions to Dan Cogdell are in bold

First came the impeachment, and then, Texas Attorney General Ken Paxton was acquitted of abusing his office to benefit a campaign donor.

Six months later, Paxton and his lawyers reached a deal to avoid a criminal trial in Houston. He was facing three indictments for securities fraud.

"Was the agreement for Ken Paxton to avoid a trial about saving face or saving money?"  

"Yes (to both)?” attorney Dan Cogdell, who represented Paxton in both, said. “Look, there is no really positive outcome out of a criminal trial.”

It was a long-running legal drama. Paxton was first indicted for securities fraud nine years ago. Part of the agreement means he must take 15 hours of legal ethics training.

“It must be a tough pill to swallow for the chief law enforcement officer in the State of Texas to take a legal ethics course."

“It’s certainly not something he is going to put on his resume,” Cogdell said. “Hope that's not in his obituary, but again, he was focused on resolving the case and if that's what it takes to get it behind him, he's fine with it."



Paxton must also pay $270,000 in restitution. Cogdell said Paxton hasn’t yet paid it but is working on it.

"You have been a lawyer for decades. That experience doesn't come cheap. Has he paid you?”

“He has paid me,” Cogdell said. “Like all other clients I've have, he hasn't paid me enough."

He was also paid last year for helping to defend Paxton, who became only the third elected state official to be impeached in Texas history. Cogdell now admits he didn't think they would win.

"So going in, even though you were defending him, you thought he would be convicted in the impeachment?"

“When I rolled in the same hotel and saw my heroes, Rusty Hardin and Dick DeGuerin, two of my heroes and friends, were basically high fiving each other  when I rolled up (saying), 'We got this, game over,'” he said. “But they did almost zero investigations. When the witnesses started testifying, it dawned on me we've got a real chance here. We are going win this thing.'”

Cogdell said he likes Paxton even if he doesn't agree with some of his political views.

“A lot of people have a negative image of Paxton,” Cogdell said. “He is polarizing. You either love him or you hate him. He is really a pretty gracious guy, his public persona notwithstanding. Easy to get along with and a decent fellow to be around.”

Here's the full interview with Cogdell:

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