DALLAS — Suspended Texas Attorney General Ken Paxton's impeachment trial begins Tuesday at the Texas Senate in Austin. And WFAA will have live streaming coverage, from gavel to gavel, as well as analysis and breaking coverage as the trial develops.
WFAA's coverage, which will be led and hosted by investigator reporter Tanya Eiserer, will be streamed on the WFAA+ streaming app, WFAA.com and the WFAA YouTube page.
Eiserer will be joined by WFAA political producer Berna Dean Steptoe, along with a rotation of legal experts, including former federal prosecutors and assistant attorneys general.
The trial is expected to begin each day at around 9 a.m., though the start time could vary. WFAA will plan to begin our live streaming coverage with analysis and recaps about 30 minutes before court is set to begin.
Make sure to have your WFAA app push alerts on to get notified on when our stream will begin. Want to watch on WFAA+? The free streaming app is available on Apple TV, Roku and Amazon Fire.
Here's how you can start watching:
- Go to the app store on your Apple TV, Roku, Amazon Fire device.
- Search for "WFAA"
- Select the WFAA+ app.
- Download the app to your device for free.
- Start watching WFAA around the clock!
How did we get here?
The Texas House of Representatives in May voted to impeach Paxton, a Collin County Republican who first took office in 2015. Paxton previously served as a Texas senator and representative.
Paxton's tenure has seen several legal matters and controversies involving him, including the shadow of a state securities fraud case in which he was indicted in Collin County in 2015. Paxton has yet to face trial in the indictment, though the case has not been closed.
But Paxton's impeachment centers on his alleged involvement with Austin real estate developer Nate Paul, who faces eight counts of making false statements to financial institutions.
Paul, 36, allegedly overstated his assets and understated his liabilities to fraudulently obtain loans, according to a 23-page indictment filed by federal prosecutors in June.
Paxton was not mentioned in Paul's indictment, and he does not face charges in the case.
But Paxton faces 20 articles of impeachment, including disregard of duty, obstruction of justice, constitutional bribery and misappropriation of public resources, many of which are tied to his alleged involvement with Paul.
A document dump from the Texas House impeachment managers earlier this month provided details on how Paxton allegedly abused his office to help Paul, according to the Texas Tribune.
It's unclear how long the impeachment trial will last, though it could be up to several weeks. It's also not clear if Paxton will testify.
He is listed as one of several dozen witnesses, but that doesn't mean he'll testify.
How will the trial play out?
It's important to remember Paxton is facing a political trial, not a criminal trial. So the proceedings might not look like what you're used to seeing in a courtroom.
First, it is important to know how members of the Texas Legislature will play a part.
- Lt. Gov. Dan Patrick is the presiding officer of the court of impeachment, or judge.
- The lone defendant in the impeachment trial is Warren Kenneth “Ken” Paxton.
- The House Board of Managers are the prosecutors.
- The jury is all members of the Texas Senate who are present and eligible to vote with a "yes" or "no."
- Angela Paxton, state senator and wife of impeached Ken Paxton, is ineligible to vote due to a conflict of interest. She is required to attend the trial, but may not vote on any matters, motions, questions or participate in closed-session deliberation.
- The senate sergeant at arms will act as bailiff, while the secretary of the senate will serve as the clerk.
Prior to the trial, all pre-trial motions and answers are submitted in writing to Lt. Gov. Patrick. From there, he sends them to a special committee on rules and procedures for court of impeachments. This committee consists of five members who make recommendations on all motions and amendments.
Like in regular trials, Paxton has rights as a defendant. Paxton is required to attend the trial; however, he is not required to take the stand to testify. He or his attorneys may enter a plea, but if a plea is not made, the Senate will move forward with a plea of “not guilty.”
The witness list has been made confidential; however, we do know that no member of the court (senator) or presiding officer may be called or volunteer as a witness – unless the evidence is relevant.
Patrick will swear in each person, and no witness can listen to the testimony of other witnesses. Witnesses cannot talk to each other about the trial and, much like regular trials, cannot read reports, watch television or look at social media.
Witnesses will only be examined by one person on behalf of the other party, and there are strict time limits in place. Both the defense and prosecution have 60 minutes allotted for opening statements and 24 hours of presentations. A witness may only be cross-examined for 60 minutes, and the same amount of time is given for rebuttal evidence per side. If there is a conviction, 15 minutes will be given, per side, to discuss whether Paxton would be disqualified from holding a future position in office.
When it comes to the verdict, there are three main differences between an impeachment trial and a criminal trial. If Paxton is found guilty by the Senate jury, he will be removed from his position in office as the state’s attorney general. He would not be imprisoned. In an impeachment trial, Gov. Greg Abbott cannot pardon Paxton. Additionally, a not-guilty verdict would mean Paxton can return to work. This, however, would not preclude him from facing charges in a court of law. Senators, the jury, will vote on each individual article of impeachment. The vote can only be "yes" or "no" and cannot be changed once they are made. All votes are cast without debate or comment.
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