The Texas Senate passed a resolution containing 31 rules for the impeachment trial of Attorney General Ken Paxton. The trial is scheduled to begin on September 5 at 9 a.m.
Texas Lt. Governor Dan Patrick appointed Senator Brian Birdwell (R-Granbury) to head a committee to draft the rules for the impeachment trial of AG Paxton slated to begin on September 5. On Wednesday, the Texas Senate passed SR 35 (attached below), a resolution containing 31 rules governing the trial. Under the Texas Constitution, a vote of two-thirds of the Senators present is required for conviction.
On June 19, State Senator Angela Paxton (R-McKinney), the wife of AG Paxton, tweeted a statement that she would be present for the impeachment trial as required by the Texas Constitution. “As a member of the Senate, I hold these obligations sacred and I will carry out my duties, not because it is easy, but because the Constitution demands it and my constituents deserve it.”
However, Rule 31 of the adopted resolution requires her attendance during the trial but states she will not be allowed to vote because she is considered to have a conflict as the spouse of the impeached AG.
Additionally, Senator Paxton will not be allowed to question witnesses, vote on any matter or motion, or participate in closed sessions or deliberations. She will be counted as “present and eligible only for the purpose of calculating the number of votes required for any and all matters, motions, and questions under these rules.”
A separate resolution passed by the Senate on a 28-0 vote requires the impeached Attorney General Warren Kenneth Paxton, Jr. to be present in the Senate chamber during the trial “to answer the said charges of impeachment.”
On May 27, the Texas House of Representatives voted 121-23 to impeach AG Paxton on 20 Articles of Impeachment, Breitbart Texas reported. There were two members who voted present not voting and three abstentions.
Under the rules, House Managers and AG Paxton (0r his attorneys) will be given 60 minutes each for an opening statement. Each side will be given 24 hours to present evidence. Members of each side will be allowed reasonable time to cross-examine witnesses.
Only one person from each side is allowed to question their witness or cross-examine the opposing party’s witness.
Following the presentation of evidence, each side will be afforded 60 minutes per side to present rebuttal evidence.
Finally, each side will be allowed 60 minutes for closing arguments.
If there is a conviction of any count of the Articles of Impeachment, each side will be allowed 15 minutes for debate on the issue of disqualification to hold future office.
Following the presentation by each side, the court will deliberate in closed session. Before the deliberation, the presiding officer of the trial shall read the following statement to the jurors (Senators):
“Sustaining an article of impeachment means that the impeached officer is removed from office for the term the officer was last elected. You are instructed that the rules adopted by the court of impeachment establish that the burden of proof rests on the House Board of Managers to prove an article of impeachment beyond a reasonable doubt. You are to determine if the allegation in each article presented to you has been proven beyond a reasonable doubt, and if so, shall the article of impeachment be sustained which would result in removal of office. The final question to be put to you after each article is: “Shall this article of impeachment be sustained?”
The Senators will vote on Each Article of Impeachment separately under the adopted rules. A vote of two-thirds of the Senators present is required for conviction and removal from office. A separate vote is required to determine if that conviction also bars Mr. Paxton from serving in any future office of public trust.
The Texas Tribune reported other details included in the rules:
- Before the trial, Paxton’s lawyers can challenge any or all of the articles of impeachment, which can be dismissed with a majority vote by senators.
- Senators will deliberate behind closed doors, and their votes on the articles of impeachment will be made “without debate or comment.”
- After final judgment, senators may submit a written statement within 72 hours of their vote to the chamber’s clerk, which would become “a part of the official record and entered into the journal.”
- The use of cellphones on the Senate floor by members of the court and their staff, as well as both legal teams while the impeachment trial is proceeding, is banned unless the phones are necessary for hearing assistance or for reviewing documents.
- The public and the press can attend and view the impeachment trial from the Senate gallery.
Senators will not be allowed to discuss the case with each other prior to the deliberations. Nor shall they discuss the merrits of the case with other people, including Mr. Paxton, his attorneys, or the House impeachment managers.
Other details of the rules for the proceedings are in the attached Senate Resolution attached below.
Bob Price is the Breitbart Texas-Border team’s associate editor and senior news contributor. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday-morning talk show. Follow him on Twitter @BobPriceBBTX.
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