Dade Phelan vs the will of the people - Senate Trial before August 28

Every Texas Patriot should be seething at the impeachment of Attorney General Ken Paxton.  The proceedings occurred at the Texas Capitol on Saturday, May 27 that began at 1pm and finished at about 5pm.  In just four hours the Texas House did more damage to Texas conservatism than anyone could ever imagine. 

The impeachment scenario came to light on Wednesday, May 24, with the announcement that the Texas House Investigation Committee was going to recommend impeachment of the Texas Attorney General and that the full house would then vote to impeach or not to impeach with the “evidence” that they would present.  

It was not until Friday, May 26 that the announcement came that the vote of the House would be on Saturday.  Just two days before the end of the 88th Texas Legislative Session. 

If you listened to the four hours of “testimony” then you know what a tyrannical event it was.  The committee revealed that it had, under secrecy, started the “investigation” in March after General Paxton asked for $3.3 million to pay the whistleblowers who were fired from his office earlier.  

The more astonishing fact was that the four attorneys and two investigators were Democrats and mostly from Socialist Harris County hired to do the “investigation.”  None of the “interviewees” that gave statements were under oath.  The investigation was based on hearsay and not documented evidence.

The Articles of Impeachment were read and then expounded.  Most of the allegations were not new to the public; what was new were the insinuations surrounding some of the allegations.  Democrat Vice Chair of the committee, Ann Johnson, did an excellent job of emotional drama. ARTICLES OF IMPEACHMENT 88(R) HR 2377 - Introduced version - Bill Text (

It was also noted that neither AG Ken Paxton nor his Chief of General Litigation Division Chris Hilton were allowed to give rebuttals.  Hilton has called this action “unconstitutional” and cited government code 665.081 as the reason Paxton couldn’t be impeached.

Representative Tony Tinderholt, arguing in opposition to the resolution:

I am deeply concerned by the lack of transparency in the process by which the House General Investigating Committee has pursued an impeachment against Ken Paxton. The House has been given less than 48 hours to deliberate over these matters and has been mostly in the dark as to how General Investigating has conducted itself.

Representative John T Smithee gave the most compelling argument as to why the House should not vote to impeach.  Even though he was not there to defend Paxton, he listed the consequences of impeachment. 

First Reason:  that AG would be automatically removed from the responsibilities of his office even though his guilt or innocence has not yet been adjudicated. 

The Second Reason: It is the responsibility of the House to provide a complete record which there is none in which the Senate can base its adjudication of guilt or innocence and there is no record to send to the Senate.  

Third Reason:  We are not looking at precedence of the future House.  As members when we go home we will have to defend how we voted. We will also have to defend the process by which this determination was made. This process is indefensible.   Precedence matters because it is predictability and stability.  This is important in the law and in House and Senate procedure.  

Paxton also received support from US Senator Ted Cruz.  He sent out three tweets on May 27 stating that, “What is happening to @KenPaxtonTX is a travesty.  For the last nine years, Ken has been the strongest conservative AG in the country. Bar none. No attorney general has battled the abuses of the Biden admin more ferociously—and more effectively—than has Paxton. That’s why the swamp in Austin wants him out.  The special interests don’t want a steadfast conservative AG.  I understand that people are concerned about Ken’s legal challenges. But the courts should sort them out.  Virtually all of the information in the articles was public BEFORE Election Day, and the voters chose to re-elect Ken Paxton by a large margin. In my view, the Texas Legislature should respect the choice of the Texas voters.

President Donald Trump also responded from his Truth Social media.

What Paxton needed most was the support of the Republicans in the House. They failed him and the Texas voters who elected him.  While Paxton is not a perfect human being, he is and has been an excellent AG for Texas and a model for the rest of the country to follow.

Simple research found that many of the House Republicans voting for impeachment had received large campaign contributions from Dade Phelan or his committee.  Thus giving the perception that they were obligated to vote for Phelan’s Resolution HR2377.  Some, it appears just washed their hands of any responsibility to the voters and passed the final decision to the Texas Senate.

All of the 61 Democrats, who want to take over our state, of course, voted to impeach.  There were only 23 sane Republicans who voted NOT to impeach.  The rest, 60, voted to impeach.  Take a long hard look at those who voted to impeach and you will know who needs to be primaried. 

Carrie Isaac HD73 to her credit (and my Representative), posted the following:

Statement on the Impeachment of Attorney General Ken Paxton:

My duty to defend our Constitution and uphold the rule of law is the constant guide to my actions as an elected representative of this state. After reviewing testimony and the transcript shared with me by the General Investigating Committee regarding the Office of the Attorney General, I am concerned about the allegations. However, I am also gravely concerned with the following substantiated facts:

 The FBI, U.S. Department of Justice, and a federal grand jury have been investigating the whistleblower allegations since at least December 2020. Since then, the Biden Administration has weaponized the Department of Justice under Merrick Garland and demonstrated a willingness to target political enemies. In light of Attorney General Paxton's successful litigation against the federal government that has stymied the agenda of the Biden Administration, it is certain that Paxton is at the top of the list as a Biden political target. If there was evidence to support the whistleblower allegations, Paxton would have been indicted and arrested by now.

The General Investigating committee stated in its May 26, 2023, memorandum to the House that "but for Paxton's own request for a taxpayer-funded settlement over his wrongful conduct, Paxton would not be facing impeachment by the House." This concedes that the other allegations in the articles are insufficient by themselves for impeachment.

The articles of impeachment are invalid and violate Texas law because they allege acts that occurred prior to November 2022, when Attorney General Paxton was last elected, in violation of Tex. Gov't Code 665.081. The impeachment powers under Tex. Const. Art. XV do not trump 665.081, because the legislature has voluntarily limited the scope of impeachment through the enactment of this statute.

Additionally, I do not believe that some members of the House, myself included, have a good understanding of the adequacy, legality, or fairness of the impeachment process. We are being asked to vote on impeachment while in the midst of considering the House budget, and many other legislative items of great importance. I cannot vote to impeach when the members of the full House have had no direct access to witnesses or supporting documents, and have had no time to properly prepare and understand the matters in question. The simple truth is that the evidentiary basis to impeach Attorney General Paxton has not been properly established.

The process in handling the Articles of Impeachment must be above reproach so that we may confidently execute our duty, fully absorb, and act upon the relevant information. Because of these concerns and the facts listed above, I cannot in good faith vote in favor of impeachment. 

First Assistant Attorney General Brent Webster is the acting AG while the trial takes place, unless Governor Greg Abbott appoints someone else.

The Articles of Impeachment were presented to the Texas Senate at 4:30 pm Monday, May 29.  Lt Governor Dan Patrick appointed a committee to formulate the rules of the impeachment trial.  The committee members are:  Chair Brian Birdwell, R-Granbury, vice chair Juan Hinojosa, D-McAllen, other members include Republicans: Brandon Creighton, Conroe; Pete Flores, Pleasanton; Joan Huffman, Houston; Phil King, Weatherford; and Democrat Royce West, Dallas.  After which Patrick is authorized to set a date and time not later than Monday, August 28, 2023, for the Senate to convene as a court of impeachment, where Paxton will be found innocent or guilty. 

A two-thirds majority of the Senate is necessary to convict and remove Paxton from his responsibilities as AG.  The twelve House prosecutors are: Republicans: Charlie Geren, Fort Worth; Jeff Leach, Plano; Morgan Meyer, University Park; Briscoe Cain, Deer Park; Cody Vasut, Angleton; David Spiller, Jacksboro; and Democrats: Joe Moody, El Paso; Terry Canales, Edinburg;  Oscar Longoria, Mission;  and Erin Gámez, Brownsville.  Republican Andrew Murr will serve as chair with Democrat Ann Johnson as vice chair.

It is Dade Phelan that MUST be removed from office!!!





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