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When Lt. Gov. Dan Patrick delivered his blistering speech at the end of Ken Paxton’s impeachment trial criticizing the House’s process for bringing the charges, he mentioned one name six times.
John Smithee.
During the trial, Patrick, the judge, praised the Republican state representative from Amarillo for his long service, while criticizing the House for impeaching the attorney general in May. Smithee strongly objected to Paxton’s impeachment, giving a passionate speech on the floor that argued the case relied on unreliable information.
Patrick concluded that Rep. Smithee’s speech in the House was one of the most honest and courageous speeches he had ever heard.
Smithee now finds himself in a more prominent position as Republicans in the Legislature contemplate their next steps following the contentious impeachment proceedings. A number of Paxton’s supporters are promoting Smithee as a potential candidate for House speaker, especially as the current speaker, Dade Phelan, faces pressure from the party’s most conservative faction to step down.
In an interview on Tuesday, Smithee expressed his surprise, saying, “I was completely caught off guard. I had no prior knowledge of Gov. Patrick’s actions.”
Despite the criticism suggesting bias, Smithee expressed his gratitude for Patrick’s speech and particularly valued its timing, which coincided with the conclusion of the trial. He believed it was important for the speech to be included in the court record.
According to Smithee, he expressed great admiration for the Senate’s handling of the trial and exhibited strong trust in the senators’ decision.
Smithee, an attorney, has been a prominent member of the House since 1985, making him one of the most senior representatives. He diligently serves the constituents of Texas House District 86, which is firmly aligned with the Republican party and is located in the Texas Panhandle.
Smithee is an unlikely ally for Paxton’s allies on the far right. He ranked as the 63rd most conservative member in one analysis from the regular session. And he drew a primary challenger even after his attention-grabbing speech against Paxton’s impeachment.
Smithee, a rural Republican, was once against school vouchers, a favored cause of the lieutenant governor. However, he has recently shown a greater willingness to consider the proposal.
Smithee ended up as one of 23 out of 85 Republicans who voted against Paxton’s impeachment in the House, but his speech made him the face of the opposition. He said he knew was effectively going against Phelan, but it was not personal.
“I have spent a significant amount of time in that place,” stated Smithee. “Through my experience, I have come to understand that failing to express what needs to be said often leads to future regrets.”
On the day the House impeached Paxton, Smithee delivered an incredibly memorable speech. Lasting close to 20 minutes, he strongly criticized the House impeachment process, deeming it opaque, rushed, and unfair towards the accused. Smithee particularly expressed his disapproval towards the decision of solely allowing House investigators to testify under oath about information they obtained from witnesses, referring to it as “hearsay within hearsay within hearsay.” The House, however, defended this practice as standard procedure, highlighting that individuals who report crimes are not typically required to testify under oath.
Smithee acknowledged that there are certain individuals within the group who have a strong desire to remove General Paxton, regardless of their motives. However, he emphasized that our current approach is the most detrimental way to achieve this objective.
After deliberation, the Senate acquitted Paxton on all 16 impeachment articles raised during the trial, which accused him of utilizing his position to aid his friend and supporter Nate Paul in intimidating and probing individuals perceived as adversaries.
Following the trial, Patrick has been actively endorsing Smithee through an extensive media campaign. Just recently, he made mention of Smithee in a lengthy tweet on Friday, concluding by asserting that Phelan is undeserving of his leadership role. This marks Patrick’s strongest stance yet in advocating for a new speaker. The day after, the State Republican Executive Committee, which oversees the Texas GOP, overwhelmingly approved a resolution demanding Phelan’s resignation.
If Phelan does not step down prior to the upcoming special session, as stated in the SREC resolution, members are urged to “vote to vacate the chair” and essentially remove him from his position. However, this would necessitate a minimum of 76 votes, making it highly improbable to occur.
By Sunday, two Phelan antagonists in the House — Reps. Steve Toth of The Woodlands and Tony Tinderholt of Arlington — were openly encouraging Smithee to run for speaker.
The upcoming speaker election is quite distant, as it is scheduled to occur during the commencement of the regular session in 2025. It is expected that the GOP caucus will unite and support a nominee in the weeks leading up to this event.
When asked about his potential candidacy for the position of speaker, Smithee acknowledged that he currently faces a primary opponent. He emphasized that his main priority is to take things one step at a time.
Smithee clarified that his focus lies solely on the primary, expressing that he has not taken any steps to actively promote a potential bid for the speaker position.
Despite not responding to a request for comment, Phelan’s office quietly submitted a filing in February to run for speaker once again. In addition, there has been no indication that he intends to succumb to the pressure to resign following the Paxton verdict.
Jamie Haynes, an Amarillo real estate agent and vocal advocate for “parental rights,” has emerged as Smithee’s main competitor in the upcoming election. In late June, Haynes officially entered the race with a campaign focused on electing representatives who will fiercely uphold Texas conservative values in Austin. Although Smithee was not directly mentioned, Haynes aims to offer a strong alternative to his tenure.
For this story, she chose not to provide any comment in response to the request.
However, Haynes’ emphasis on “parental rights” may become significant as legislators gear up for an October special session concerning Governor Greg Abbott’s push for “school choice,” which entails allowing parents to utilize public funds to remove their children from public schools. Smithee previously supported a budget amendment opposing these programs in 2021, but voted against a comparable amendment earlier this year.
Smithee expressed his belief that the topic should be addressed, and he welcomed the fact that it would be brought up during a special session. He anticipated that a bill would likely be approved during the special session, given the strong support from the governor.
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