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Texas High Court Blocks Attempt to Compel Ken Paxton's Testimony in Whistleblower Case

 November 25, 2024

In a significant legal development, the Texas Supreme Court has intervened in a lawsuit involving the state's attorney general, Ken Paxton.

The high court overturned a prior decision that would have required Paxton to testify about claims linked to his 2023 impeachment proceedings, which saw him acquitted, as the Associated Press reports.

The controversy began when four former employees of the Office of the Attorney General (OAG) alleged wrongful termination after they reported Paxton to the FBI.

They accused him of misusing his office to assist a friend and campaign donor, who was allegedly aiding Paxton in hiding an extramarital affair.

Background of Whistleblower Lawsuit

This whistleblower was central to the impeachment charges brought against Paxton last year.

The former employees at issue claimed they were dismissed or forced out for their whistleblower activities, which has stirred significant public and legal interest.

The lawsuit led to a preliminary settlement in which Paxton was to apologize for branding the former employees as "rogue." Additionally, he agreed to a $3.3 million settlement, proposing that the state cover this amount.

However, the Texas House of Representatives denied Paxton's request to fund the settlement, prompting an investigation and subsequently leading to his impeachment. Paxton was later acquitted in the Senate trial.

Supreme Court's Decision on Testimony

The Texas Supreme Court's recent ruling emphasized that allowing the testimony of Paxton and others could potentially be misused for legislative purposes, particularly in terms of deciding on funding for the lawsuit’s settlement.

The court's decision is conditional, calling for compliance from the lower trial court. This ruling effectively prevents Paxton from having to testify in the case, aligning with his long-standing resistance to appearing in court over these matters.

A statement from Paxton's office praised the decision, saying, “In a major win for the State of Texas, the state Supreme Court has sided with Attorney General Paxton against former OAG employees whose effort to prolong costly, politically motivated litigation against the agency has wasted public resources for years," it said.

Implications for Paxton, State

The outcome of this ruling has significant implications not only for Paxton but also for the legal boundaries of legislative interference in judicial proceedings.

It underscores the ongoing tension between different branches of the Texas government over the scope of their legal powers.

The decision has been viewed as a victory for Paxton, who has maintained that the lawsuit and the subsequent charges were politically motivated attempts to undermine his office.

While Paxton’s office has not disputed any issues within the lawsuit itself, agreeing to any judgment that may arise, the Texas Supreme Court’s stance offers him a reprieve from personal testimony, which might have compelled disclosures related to the impeachment proceedings.

Broader Impact on Texas Politics

This development is likely to have a broader impact on Texas politics, particularly in how legal actions are perceived and conducted against elected officials. It raises questions about the balance of power and the accountability mechanisms within the state.

The ruling may also influence future legislative actions on how settlements are funded and how whistleblower claims are handled, especially those involving high-ranking officials.

The continuation of this legal battle will undoubtedly be watched closely, as it reflects deeper issues of governance and public trust within Texas.