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Senate Democrats, disappointed by the acquittal of Attorney General Ken Paxton, accused their Republican colleagues of caving to political pressure, while many of the Republicans who voted against conviction said the House failed to prove its case.
“Simply put, the burden of proof — beyond a reasonable doubt — was not met,” state Sen. Charles Schwertner, a Georgetown Republican, said in a statement released after voting ended in the historic impeachment trial on Saturday.
Sen. Carol Alvarado, D-Houston, rejected that argument from Republicans, instead blaming the failure to impeach on “outside influence placed on members.”
She remarked, “They succumbed to the pressure. They were inundated with text messages from external organizations. It was evident that they were being swayed by it, except for a few of them.”
The 16 articles the Senate heard evidence on during the weeklong trial centered on allegations by House impeachment managers that Paxton misused the powers of the attorney general’s office to help his friend and donor Nate Paul, an Austin real estate investor who was under federal investigation.
Paxton managed to evade removal from office as the highest number of votes supporting his conviction was only 14, falling significantly short of the required threshold of 21.
Only two Republicans crossed the aisle to vote in favor of conviction: Kelly Hancock of North Richland Hills, who voted to impeach Paxton on 12 articles, and Robert Nichols of Jacksonville, who voted to impeach Paxton on 11 articles.
In a rush, Hancock swiftly left the Capitol building, having switched his attire from a suit to a white golf shirt.
Hancock stated that he did not align himself with any particular side when questioned about his vote.
Later in a statement, Hancock emphasized that it was his constitutional duty to uncover the truth by considering the facts presented through witness testimony and all documents submitted as evidence. He further stated that his vote on each article was a reflection of this responsibility, and he did not make any of these decisions lightly.
Nichols refrained from commenting and withholding a public statement regarding his vote until Monday, when he acknowledged the credibility of the evidence and witness testimony.
He stated that the commitment he made to deliver an honest judgment, solely based on the evidence provided, did not allow any space for political influence or doubt. He affirmed that he have, and will forever, cast his vote in accordance with what he genuinely believes to be just.
Sen. Nathan Johnson, D-Dallas, described the roughly eight hours of deliberations as “intense,” noting that some senators switched into tennis shoes in preparation for a long process. He said many GOP senators were engaged in good-faith discussions about the evidence.
Johnson expressed sadness and exhaustion, stating that the lack of change made him feel that nothing had been altered, ultimately failing to impact the outcome.
During the deliberation, some Democrats noticed a change in the direction of the winds.
“Once it was real clear that we weren’t going to get 21 votes, I believe that some Republicans that wanted to support impeachment decided to vote against impeachment,” said state Sen. Royce West of Dallas, a Democrat who voted to impeach on most articles.
According to Alvarado, she initially perceived the trial as unbiased, but within the past 24 to 48 hours, there has been a shift away from potential impeachment.
She stated that during some sidebar conversations, she began to notice a shift in people’s opinions at some point yesterday.
The Senate Democrats didn’t uniformly vote to convict Paxton on every article. Only two Democrats voted to convict him on all counts: Borris Miles of Houston and Roland Gutierrez of San Antonio, who is running against U.S. Sen. Ted Cruz.
The only senator who did not vote in the trial left with a smile on her face: the attorney general’s wife, Sen. Angela Paxton, R-McKinney. She was prohibited from participating in deliberations or voting due to spousal conflict, however, she was required to be present for the entirety of the trial. As she left the Capitol with her staffer holding a styrofoam cup and to-go container, she said she felt great about the verdict.
Angela Paxton agreed with Lt. Gov. Dan Patrick’s calls to change the rules around impeachment. Before concluding the proceedings, Patrick gave an impassioned speech railing against the way the House handled the impeachment, calling it a “flawed process.”
She stated that the Texas House of Representatives sent an unfinished proposal that ended up being expensive for taxpayers.
At the end of the trial, Angela Paxton hugged Sen. Bob Hall, R-Edgewood, who exited the Senate chamber to a crowd of reporters where he said the impeachment “never should have happened.”
He informed journalists that the House embarked on a mission without giving thought to the efforts required to achieve it. They established the goal first and then worked to support it.
In May, the Texas House made the decision to impeach Paxton on 20 distinct charges. This sparked an impeachment trial in the Senate, where they opted to examine evidence pertaining to only 16 of the charges. The remaining four charges were temporarily set aside during the trial and ultimately dismissed on Saturday afternoon.
Included in the 16 articles were charges relating to disregard of official duty, misapplication of public resources, constitutional bribery, conspiracy and attempted conspiracy, dereliction of duty, unfitness for office, and abuse of public trust.
On the first day, six senators voted to dismiss all the impeachment articles altogether, including Paul Bettencourt of Houston, Donna Campbell of New Braunfels, Brandon Creighton of Conroe, Bob Hall of Edgewood, Tan Parker of Flower Mound and Kolkhorst.
Bettencourt, Campbell, and Parker, three of the senators, will be up for reelection next year. Nichols and Hancock, the Republicans who voted to convict, are among those senators who will be up for reelection in 2026.
Bettencourt stated that the reason for his vote on the first day to dismiss the impeachment articles was due to the House’s failure to include witness testimony under oath or permit cross-examination by Paxton’s attorneys. He emphasized that the House had deliberately skipped this crucial stage.
Bettencourt expressed his endorsement for Patrick’s proposal to modify the impeachment process, incorporating those requirements.
In a statement, Kolkhorst expressed her decision to acquit, stating that she arrived at this conclusion through thorough evaluation and analysis of all evidence and witness testimonies.
In the end, Sen. Sarah Eckhardt, D-Austin, said “self interest won” with Saturday’s decision.
She said that the Texas Senate had reinstated Ken Paxton to his position this morning, thereby establishing a lower and unprecedented standard for public service in Texas.
Renzo Downey contributed to this story.
Neelam Bohra is a disability reporting fellow, covering accessibility issues affecting Texans. She was a member of the 2022-23 New York Times Fellowship class. Her fellowship is a partnership between The New York Times, The Texas Tribune and the National Center on Disability and Journalism at Arizona State University. The fellowship is funded through a grant from the Ford Foundation.
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