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Paxton's attorneys want all 20 articles of impeachment dismissed before trial begins next week

They're citing the prior-term doctrine and say if the things the AG is accused of happened before he was elected, they can't be used to impeach him.

AUSTIN, Texas — The impeachment trial of Texas Attorney General Ken Paxton starts in one week but it's possible it could end before testimony begins, thanks to the prior-term doctrine of the Texas Constitution.  

There are 20 articles of impeachment against Paxton, including allegations that he used his office to benefit friend and political donor Nate Paul. The Austin real estate agent was arrested by the FBI in June and charged with eight counts of making false statements to financial institutions.

The impeachment managers allege Paxton hired attorney Brandon Cammack to help his buddy harass business rivals and other perceived enemies before he was arrested. Records show Paul called his plan "Operation Deep Sea."

In return, Paul helped Paxton hide an affair with his mistress using burner phones, secret emails and a fake Uber account, records allege.

It was all part of the detailed allegations by House investigators of a yearslong pattern of misconduct and questionable actions by Paxton cited by House investigators before he was impeached.

Paxton also faces federal charges that aren't part of the impeachment articles. 

But his attorneys argue that voters elected him despite all of the allegations so the prior-term doctrine would apply.

"The principle, in theory, is if voters have forgiven the attorney general for these things effectively, they can't be used as impeachment against him. That means a lot of these allegations won't be heard," University of Houston political science professor Brandon Rottinghaus said. 

SPECIAL COVERAGE: Paxton impeachment trial

It would take a majority vote of senators, or 16 of the 30, to dismiss each article of impeachment. The vote will take place before opening statements begin on Sept. 5.

"This could be the end of the trial in that a lot of these articles could be expunged or torpedoed which means they wouldn't be part of an impeachment process," Rottinghaus explained.

Still, the scope of the allegations could pressure even hard-core Republicans to let the articles stand.

"There are specific allegations of bribery. It all amounts to a very dangerous precedent to be said to have a person to be under this scrutiny," Rottinghaus said. "This does hurt the integrity of the attorney general's office and I think that's a big reason why you saw House members bring on the impeachment."

When the trial gets underway, you can watch it live on KHOU.com, YouTube or our mobile app. 

RELATED: 'Operation Deep Sea': Nate Paul pulled strings in the attorney general’s office to target his enemies, records allege




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