Dist. 30 State Sen. Drew Springer (R-Muenster), one of all but two Republican senators who voted to acquit Texas Attorney General Ken Paxton on all counts in his impeachment trial last summer, last week on X, the former Twitter, posted an open letter addressed to Lt. Gov. Dan Patrick asking if trial proceedings could be reopened.
The stimulus for Springer’s request? Paxton’s statement a few days earlier that he would not contest findings of fact in a lawsuit against him by whistleblowers formerly employed in his office, then fired by him. The group had tentatively reached a settlement with Paxton about a year ago, but it required the Texas Legislature to approve the financial payout, which it refused to do. That led them to continue to pursue the case.
Springer cited that in his letter.
“(The Office of Attorney General) hereby elects not to contest any issue of fact in the case, as to the claim or damages.”
He then went on to say himself in that letter that “while AG Paxton claims this is not an admission of guilt, the fact of the matter is that it is an admission of guilt.
“He can’t accept the whistleblower’s claims against him while touting that he’s innocent against those very claims,” said Springer, who is not seeking reelection in November. “This admission by AG Paxton is especially concerning as he admits to violating at least one — and potentially more — of the articles of impeachment.”
“At this stage, and the point of this letter, I am asking the Senate whether there is a legal mechanism to reopen the impeachment proceedings,” Springer wrote. “Failure to at least consider this possibility runs the risk of AG Paxton making a mockery of the Texas Senate.”
Springer said the Legislature “deserves a complete record” if asked to fund a judgment in the case, which Texas law requires if the state is found liable for more than $250,000 in damages.
“That record must include AG Paxton answering questions under oath so that the Legislature may determine whether to fund any judgment in this case,” he said.
During his Senate trial, House impeachment managers had considered calling Paxton to testify before the Senate, but Patrick, in his role as judge, blocked his testimony.
After Springer released his letter Jan. 25, Sen. Sarah Eckhardt (D-Austin), who voted to convict Paxton, said on X that she supports “reopening the impeachment proceedings.”
Article 15 of the Texas Constitution, which sets the impeachment duties of the House and Senate, does not include a provision to reopen or reconsider impeachment proceedings, the News noted in its story. However, that does not preclude the House from filing new charges in the current Texas Legislature, nor a new Legislature from doing that in 2025.
“AG Paxton has spent more time fighting the deposition than it would have taken him to answer questions truthfully,” Springer said at the end of his letter about the ongoing whistleblower lawsuit.
Paxton dismissed Springer’s letter in a statement to the Tribune.
“Springer has to leave the senate because he was such a bad senator, wasn’t going to get re-elected, and needed a job,” Paxton said. “Why should anyone listen to his sour grapes”
Travis County Judge Jan Soifer on Jan. 24 denied Paxton’s attempt to end the case and avoid being deposed in it with his statement of not contesting the facts. After that, the Texas Supreme Court put a one-month pause on any possible depositions and said it wanted to hear more from lawyers on both sides.
