AUSTIN, Texas — Attorneys for suspended Texas Attorney General Ken Paxton are making a further attempt to get an article of impeachment against him – as well as some evidence – thrown out of his upcoming trial.
In a new motion filed Friday morning, defense attorneys said they want Article 5 thrown out. That's the article that claims Paxton appointed a prosecutor, who then filed multiple grand jury subpoenas to benefit Paxton's friend and political donor, Austin-based real estate investor Nate Paul.
Paxton's attorneys claim that is not an impeachable offense.
In a second motion, the defense team said they want certain evidence thrown out of the trial. They claim that the Texas House of Representatives' evidence showing Paul's political contributions to Paxton's campaign is "politically charged and unduly prejudicial" against the suspended attorney general.
Earlier this week, The Texas Tribune reported that Paxton's team requested that all but one of the 20 articles of impeachment be dismissed, arguing his removal would “override the will of the people” who elected him with knowledge of his alleged misconduct.
In a separate court filing, his team also requested that his impeachment trial before the Texas Senate exclude any evidence of “any alleged conduct” that occurred prior to January 2023, when his third term in office began.
Dismissing any article of impeachment against Paxton would require a two-thirds vote in the Senate.
Meanwhile, Paxton will not face additional charges at his upcoming Senate impeachment trial.
The Senate had set a hard deadline for Sunday – 30 days from the start of the trial – for investigators and prosecutors to bring new charges against Paxton. KVUE confirmed that is not part of their plan.
As it stands now, House lawyers will try to convict Paxton on 16 charges – many of them bribery and misuse of office connected to his relationship with Paul.
Paxton's impeachment trial is set to begin on Sept. 5.