AUSTIN, Texas — Opening statements were given in court on Tuesday in suspended Attorney General Ken Paxton’s impeachment trial. But just before the opening statements started, prosecutor Rusty Hardin pointed out that someone was missing from the courtroom -- Paxton himself.
Hardin brought it up after Paxton’s attorney, Tony Buzbee, asked the court to extend Paxton's attorney-client privileges -- when he was acting attorney general -- to the impeachment trial.
Lt. Gov. Dan Patrick asked Hardin to respond to the request. Before he did, Hardin mentioned Paxton’s absence.
“I do want to record to reflect in light of the court’s earlier analogy to a criminal case, I want the record reflect that the attorney general apparently is not here,” Hardin said. “Maybe he's coming at some time today, but I think if we're going to talk about this analogously being a criminal case, that the defendant ought to be ordered to appear throughout this just as everyone else.”
After first agreeing that the Senate rules required that Paxton be there, Patrick spoke off-mic to his team and then spoke to the full chamber.
“I want to clarify under, I believe it was Resolution 36,” Patrick said. “He was required to be here today, but not all day. So let me clarify that, yes.”
Buzbee agreed.
“As per the rule, the was here at 9 (a.m.) as required,” Buzbee said. “I don’t see anything else in the rule that required him to be here.”
Both sides then both gave their opening statements with Paxton's chair empty.
Paxton was in the Senate chamber for the morning session. He stood next to Buzbee as not guilty pleas were entered.