Ken Paxton gets a bad ruling that promises he might be held to account.
Texas Attorney General Ken Paxton sits with his defense attorneys Tony Buzbee and Mitch Little while listening to closing arguments during day 9 of Paxton’s impeachment trial in the Senate chamber at the Texas State Capitol in Austin on Friday, Sept. 15, 2023. Paxton pleaded not guilty last week to numerous articles of impeachment.And why not? So far so good as far as he’s concerned.
Here’s the good news. What has so far helped him escape accountability at the state level doesn’t appear to be working in the federal courts.this week that reads to us as a promise that Paxton may yet answer for the evidence that he corrupted his office. The opinion obscures the fact that it’s referring to the sealed investigation into Paxton. But the breadcrumb trail couldn’t be clearer.
No federal charges have been filed, but we know that a federal investigation is ongoing. What’s more, thanks to the 5th Circuit’s opinion, we also know that Paxton is trying to assert attorney-client privilege as a way to keep the state agency he oversees from having to provide evidence and answers to federal investigators.
That’s not the way it works. Yes, attorney-client privilege is a strong protection. But it doesn’t extend to covering up or taking part in a crime. A district court had already made this clear. But Paxton hoped for better luck with the 5th Circuit. He didn’t get it. What he got, in fact, was a court that reviewed some evidence provided by the Justice Department and a conclusion that “it is plain that the crime-fraud exception to the privilege is implicated.
If that is the message, it’s good news. Paxton is an expert at throwing sand in the gears. But we are heartened that those gears are grinding on, bringing us ever closer to truth.. Dallas Morning News editorials are written by the paper's Editorial Board and serve as the voice and view of the paper. The board considers a broad range of topics and is overseen by the Editorial Page Editor.
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