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The Blast: Impeachment teams mail their wish lists [1]

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Date: 2023-06 

IMPEACHMENT RULES FIGHT TAKES SHAPE

Both sides of the Ken Paxton impeachment trial have now sent their wish lists to the Senate committee that’s drafting rules for the trial. Both sides are far apart, but maybe even farther than expected.



The House impeachment managers went first yesterday, when Chair Andrew Murr and crew sent a memo to the panel requesting 17 rules and procedures for when the Senate begins proceedings, tying each of their requests to prior impeachments. That drew a response today, when Paxton’s counsel emailed its response letter outlining three requests of their own and refuting much of the impeachment managers’ list.



Both sides agree they should each be able to call witnesses, who should be subject to direct and cross examination. But while House managers want the Senate to be able to compel witnesses and documents on behalf of either side, team Paxton says neither side should get subpoena power after the House “squandered” their opportunity ahead of their vote to impeach.

Paxton’s attorneys also want witnesses to appear via deposition rather than live testimony to avoid showmanship and help lead a more focused presentation of evidence. Still, the biggest disputes between House managers and Paxton’s counsel appear to be around team Paxton’s anticipated motion to dismiss the case and potential conflicts of interests. House managers are asking that pleas and motions be considered before the presentation of evidence. Additionally, they are asking that those motions can’t be reconsidered during the trial.

Paxton’s counsel called that approach baseless in common legal practice and past impeachments. And they fervently defended their right to file motions to dismiss any or all articles. Meanwhile, the conflict of interest fight is getting messy. At least two senators have potential ties to the case. Sen. Angela Paxton , R-McKinney, is the attorney general’s wife, and Sen. Bryan Hughes , R-Mineola, is believed to be the “straw requester” for an attorney general’s opinion mentioned in one article of impeachment.

, R-McKinney, is the attorney general’s wife, and Sen. , R-Mineola, is believed to be the “straw requester” for an attorney general’s opinion mentioned in one article of impeachment. The House managers said Senate rules should address the issue of when a Senate member is disqualified or subject to recusal. But the opposing side notes all 31 senators are statutorily required to attend the trial and that a jury selection process for each senator is an “unthinkable possibility.” That could become incredibly important when it comes to Hughes. Maybe Paxton’s side is trying to keep Hughes off the witness list.



“A juror cannot be a witness, and I’ll just leave it at that,” lead Paxton counsel Tony Buzbee said last week.



But the attorney general’s side also raised a new front in the conflict of interest battle. In a separate letter today, they said House counsel Rusty Hardin and Dick DeGuerin shouldn’t be allowed to prosecute the case because Paxton tried to hire them in his Collin County securities fraud case, which is the basis for six of the articles of impeachment.



Next, the panel of seven esteemed senators tasked with researching and drafting the rules are expected to present their findings to the full Senate on Tuesday. The Senate is set to meet at 11 a.m. that day.

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[1] Url: https://mailchi.mp/texastribune/the-blast-impeachment-teams-mail-their-wish-lists

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