The legal team for Texas Attorney General Ken Paxton has filed a motion to quash the article of impeachment levied against him by the Texas House.
In a rushed proceeding on Memorial Day weekend, the Texas House voted to impeach Attorney General Ken Paxton on 20 charges of misapplication of public resources, bribery, obstruction of justice, abuse of public trust, and disregard of official duties.
Now the Senate is preparing to hold a trial to decide whether or not to uphold the impeachment articles and remove Paxton from office.
As part of the rules decided on by the Senate, both Paxton and the House impeachment managers are allowed to file pre-trial motions, much like a court of law.
In the latest filing, Paxton’s team says the impeachment articles are too vague to be considered:
Prior to this one, every impeachment in Texas history was the product of months of open investigation, public testimony, and a process transparent for all Texans. This candid past practice led, when necessary, to Articles of Impeachment that accused a particular official of specific conduct that broke one or more identified laws. Not so for this House or for these Articles. The product of a deliberately clandestine process, the Articles of Impeachment which serve as the charging document against the Attorney General are unconstitutionally vague.
Much like the motion for a bill of particulars filed the same day, Paxton’s team comprehensively argues the motions fail on a number of grounds, including failure to state which laws have been broken, which individuals were involved in alleged misconduct, and others for being “hopelessly vague.”
“The House should be required to amend the Articles or be barred from prosecuting them,” the motion states.
In a brief statement, Tony Buzbee—an attorney leading Paxton’s defense—stated, “None of the Articles provide the Attorney General with constitutionally adequate notice of the charges, and forcing him to proceed on any of these Articles will violate the Texas Constitution and Texas law.”
As of publishing, the House impeachment managers have not responded to the motion.
Barring any delays, the Senate trial is slated to begin September 5.