(The Center Square) – Texas Attorney General Ken Paxton’s attorneys on Wednesday submitted a motion to Lt. Gov. Dan Patrick requesting the Senate follow due process procedures prior to the impeachment trial scheduled to begin Sept. 5.
The Texas House has refused to turn over any information required by law, Paxton’s lead attorney, Tony Buzbee, said on Wednesday. He made the claim after Paxton’s attorneys from Stone Hilton PLLC submitted a motion for a pretrial scheduling order on July 7. They asked Patrick, who’s presiding over the trial, to set a pretrial discovery schedule and require all parties to follow it. Patrick hasn’t yet issued a ruling on the motion, a spokesman for Paxton’s attorneys told The Center Square.
In all U.S. legal proceedings, the prosecution is required to disclose evidence to the accused. Scheduling orders help both parties comply with Texas civil rules of procedure and make sure due process isn’t violated.
The House managers, appointed by Speaker Dade Phelan, R-Beaumont, have refused to provide Paxton’s attorneys with any information, Buzbee said.
“The House Managers appointed by [Speaker Dade] Phelan, including Andrew Murr, continue to disregard individual rights and due process guaranteed by the United States and the Texas Constitution by withholding basic information they are legally required to disclose,” Buzbee said. “We have demanded this information to which Attorney General Ken Paxton is entitled. In every court in the country, this type of information would be freely exchanged by prosecutors, and we have demanded that it be produced. The House has ignored our demands and the Attorney General’s constitutional rights.
“Due to these refusals, the House Mangers have abandoned the rule of law and have demonstrated nothing but contempt and disrespect for the Texas Senate as they openly mock the process and rules adopted by the upper chamber,” he said. “It is imperative that the Senate take immediate action to force the House Managers to follow the law.”
Paxton’s attorneys have maintained that the House impeached Paxton with no evidence, “and now they are desperate to manufacture new charges,” Buzbee said. “Apparently they want to saddle the Senate with weeks of testimony over baseless allegations. While the House is trying to cover their tracks, I hope the Senate will embrace transparency and order Phelan’s disciples to follow the law and disclose required information to the defense.”
In all U.S. legal proceedings, the prosecution is required to disclose evidence to the accused. Scheduling orders help both parties comply with Texas civil rules of procedure and make sure due process isn’t violated.
The House managers, appointed by Speaker Dade Phelan, R-Beaumont, have refused to provide Paxton’s attorneys with any information, Buzbee said.
“The House Managers appointed by [Speaker Dade] Phelan, including Andrew Murr, continue to disregard individual rights and due process guaranteed by the United States and the Texas Constitution by withholding basic information they are legally required to disclose,” Buzbee said. “We have demanded this information to which Attorney General Ken Paxton is entitled. In every court in the country, this type of information would be freely exchanged by prosecutors, and we have demanded that it be produced. The House has ignored our demands and the Attorney General’s constitutional rights.
“Due to these refusals, the House Mangers have abandoned the rule of law and have demonstrated nothing but contempt and disrespect for the Texas Senate as they openly mock the process and rules adopted by the upper chamber,” he said. “It is imperative that the Senate take immediate action to force the House Managers to follow the law.”
Paxton’s attorneys have maintained that the House impeached Paxton with no evidence, “and now they are desperate to manufacture new charges,” Buzbee said. “Apparently they want to saddle the Senate with weeks of testimony over baseless allegations. While the House is trying to cover their tracks, I hope the Senate will embrace transparency and order Phelan’s disciples to follow the law and disclose required information to the defense.”
Prior to the Senate rules being announced, former Tarrant County J udge and Sen. Sarah Eckhardt, D-Austin, also expressed concerns, saying the rules fell “short of fair trial procedures.”
He’d have better luck, asking a hungry bear not to maul him, than asking liberals to ‘follow due process’.
Oh the irony!
A democrat asking for due process to be followed?
That’s rich.
Paxton is a republican…