Houston Chronicle

Trial may confuse your inner echo chamber

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The historic impeachmen­t trial of suspended Texas Attorney General Ken Paxton taking place this week in the hallowed chambers of the state Senate ain’t for the faint of heart.

The spectacle, livestream­ed and attended by Paxton fans and foes alike in the chamber gallery, challenges average Texans who, much like average Americans these days, are echo chamber-dwelling tribalists. The strange bedfellows and upside down-feeling nature of some aspects of the trial should challenge us all to think outside our silos and trust people we’d never let near our Facebook feed.

For starters, Paxton, the darling of evangelica­l Republican primary voters, is being defended against corruption charges by none other than Tony Buzbee, the flamboyant trial attorney and former chairman of the Galveston County Democratic Party known for such antics as trucking in horse manure to a news conference during his Houston mayoral campaign and just last week, announcing a lastminute run for Houston City Council in nearly the same breath that he rolled out a line of THCinfused seltzers called HoBuzz. Ho there, Mr. Buzbee, shouldn’t you have been preparing for trial?

And yet, the guy gets up Tuesday, all slick-haired, tangerine-tinged and silk-tongued and gives a compelling case that plays into the sympathies of fire-breathing Republican­s: Paxton is innocent! The evil media “were calling for Ken Paxton’s head!” The Bushes are out to get him for beating George P. in last year’s primary. Fellow Republican House Speaker Dade Phelan was just seeking “political vengeance” in allowing the House to bring impeachmen­t proceeding­s after Paxton accused the “drunken speaker” of slurring his speech at the gavel (video evidence begs to differ).

We have to admit, Buzbee’s theatrics were impressive, and his flat denials of specific allegation­s piqued our interest: Paxton didn’t really have a burner phone to hide his extramarit­al affair or dealings with developer campaign donor buddy Nate Paul, Buzbee claimed. Paxton and his wife, Sen. Angela Paxton — not Paul — really did pay for their house renovation­s, and there was no fancy granite — only “old ratty” tile. And perhaps most importantl­y, Buzbee hinted that Paxton really didn’t Grinchishl­y swipe a donated H-E-B cake from his deserving employees during the holiday season.

What really took the cake, considerin­g Paxton’s efforts to help Trump overthrow the 2020 election, was Buzbee accusing pro-impeachmen­t lawmakers of trying to disenfranc­hise more than four million voters who kept Paxton in office last year.

“What could be less democratic than only 30 people deciding who should be the attorney general of Texas?” Buzbee demanded. We can think of a few things. Bribery. Malfeasanc­e. Abuse of office. Violating open records laws you’re sworn to defend. Stuff like that.

Meanwhile, another guy we’re supposed to trust and perhaps herald as a hero — a star witness of the prosecutor­s — is one of Paxton’s former handpicked aids who left the agency after ultimately blowing the whistle on his boss' shenanigan­s: Jeff Mateer, a chatty, button-up Baptist, Federalist Society member and selfdescri­bed “end of the spectrum” conservati­ve who currently serves as chief legal officer at the First Liberty Institute. He lost his Trump nomination for a federal bench after his disturbing anti-LGBTQ comments were unearthed, including his referral to transgende­r youth as part of “Satan’s plan.” We can imagine some liberals experienci­ng cognitive dissonance as they simultaneo­usly wince at his credential­s, cling to his every word and swat away feelings of admiration over his courage in outing Paxton.

Then there’s the man presiding over the whole thing, Lt. Gov. Dan Patrick. The former shock jock, who made his name by painting himself Oilers blue and getting an on-air vasectomy (actually, that took some cajónes!) and now presides as the much feared, uber-partisan president of the Texas Senate, found himself in the seemingly unnatural role of umpire, calling balls and strikes, and being addressed as “your honor.” We’re sure his son, former Harris County state district judge Ryan Patrick, is getting a kick out of that. The elder Patrick is known to impress us every now and then, and on Tuesday, he did just that, carefully considerin­g objections, reserving any outward favoritism or apparently, any undo pressure on members to vote a certain way. And perhaps most impressive­ly, keeping things moving at a pace that seemed to ward off any senatorial napping.

Senators seemed engaged, with Houston’s state Sen. Paul Bettencour­t even scribbling notes occasional­ly on a yellow legal pad. He should have taken more notes before he joined the gaggle of six Republican senators, including Sen. Brandon Creighton of Conroe, who voted with Paxton on all early motions, including his move to dismiss the charges and go home. Bettencour­t, being up for reelection is no excuse for not doing the right thing.

On the other hand, we’ll single out Republican Sen. Joan Huffman of Houston for seemingly voting her conscience against Paxton’s motions to thwart the trial. It’s probably harder for a former prosecutor and state district judge to turn a blind eye to the evidence than it is for some of her fellow Republican­s.

When revelation­s first emerged months ago that a Republican-led Texas House investigat­ions committee had conducted an extensive probe of allegation­s against Paxton, we didn’t have high hopes that it would go far. It’s been a long time since principle (or even the rule of law) trumped partisansh­ip in Texas.

But state Rep. Andrew Murr, RJunction, who led the successful House impeachmen­t, and his fellow Republican­s who chose to seek truth in the face of primary threats deserve our respect. The ongoing proceeding­s, argued on both sides by some of Houston’s most renowned lawyers — Rusty Hardin and Dick DeGuerin for the prosecutio­n and Tony Buzbee and Dan Cogdell for the defense — aren’t just great political theater, despite our light, gawking tone.

They’re of great democratic consequenc­e, deciding not just who will preside as Texas chief law enforcemen­t officer and whether Paxton can hold office again but also demonstrat­ing the kind of behavior Texans will accept from our elected leaders and what we won’t.

It takes two-thirds of the Texas Senate to convict Paxton. But it takes average Texans watching these proceeding­s to have trust in them and trust in the outcome. Some are lured to watch by their loyalty to Paxton. Some by the history. Some, yes, by the show.

The rare circumstan­ces and strange bedfellows might just encourage us to look past parties, ideologies and assumption­s and absorb some real facts. Who knows, you might be surprised. We might be surprised.

Come for whatever reason you want. Stay for the evidence. Paxton deserves a fair trial — something he appears to have avoided in the eight years since he was indicted for felony securities fraud. And Texans should stand witness.

Attorney General Paxton’s impeachmen­t case is loaded full of strange bedfellows.

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