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In Texas this week, an elected official is currently battling impeachment proceedings as he faces allegations of utilizing his government position for personal gain.
Correction: Actually, there are two elected officials engaged in impeachment proceedings.
In College Station, about 100 miles away from the Texas Capitol, Hudson Kraus, the Texas A&M student body president, is in the midst of an impeachment that echoes the state’s historic trial of the state attorney general, Ken Paxton.
This impeachment was triggered by student senators who were hunched over laptops adorned with stickers and carrying backpacks filled with homework, in contrast to the state Legislature’s gray hair and expensive suits.
Less than a month into the fall semester, the Texas A&M University student Senate made a motion to initiate the impeachment process for Kraus, after they claimed he misused his office to benefit his younger brother, also a student at the university, according to The Battalion, the student newspaper at Texas A&M.
Kraus and multiple members of the student Senate did not respond to emails from The Texas Tribune. All members of the Texas A&M Student Government Association are currently under a gag order — just like the one Lt. Gov. Dan Patrick issued before Paxton’s trial.
According to political experts, the current parallel impeachment proceedings occurring at two distinct levels of government emphasize the increasing popularity of this previously obscure method to hold elected officials responsible for significant errors and misconduct. However, these frequent occurrences could potentially diminish its impact over time.
The student Senate was poised to hold the impeachment trial this week, but proceedings were temporarily halted Wednesday after the Texas A&M Judicial Court, a court of seven student justices, filed an injunction after the president filed an appeal. The move sends the case to the student judicial system to rule before an impeachment trial can begin. The last time the Texas A&M student government tried to impeach a sitting president was in 2013. The vote failed.
While the student trial offers many similarities to the goings on in Austin, Kraus’ contrition for his actions is a stark contrast from how Paxton has approached the allegations against him.
Ken Paxton’s impeachment trial: What to know
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Paxton faces several allegations
Suspended Attorney General Ken Paxton is accused of bribery, disregarding his official duty, making false statements and abusing the public trust. Paxton allegedly misused the powers of the attorney general’s office to help his friend and donor Nate Paul, an Austin real estate investor. Impeachment managers submitted nearly 4,000 pages of evidence ahead of Paxton’s trial in the Senate. Paxton pleaded not guilty.
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Defense calls accusations political
Paxton’s lawyers vow to disprove the accusations and say they will present evidence showing they are based on assumptions, not facts. They and several other Paxton supporters portray the proceedings as a political witch hunt carried out by “Republicans in name only.”
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Texas Senate acting as impeachment jury
Texas senators are considering 16 of 20 impeachment articles. Lt. Gov. Dan Patrick is acting as judge. Witnesses are testifying under oath, senator-jurors will deliberate privately and votes will be conducted without public debate. The attorney general’s wife, Sen. Angela Paxton, will sit as part of the court, but will not vote or deliberate.
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The political donor at the center of the case
Impeachment prosecutors allege that Paxton directed his office to conduct sham investigations into the rivals of Nate Paul, a real estate investor and political donor who was under federal investigation. Paxton is accused of improperly providing his friend with sensitive information about the FBI investigation into his businesses and improperly involving the attorney general’s office in a lawsuit between Paul and an Austin nonprofit.
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Affair could play key role in impeachment
Impeachment prosecutors argue that Ken Paxton went to great lengths to conceal an alleged extramarital affair from his wife and deeply religious voters who have supported him. Nate Paul allegedly hired Paxton’s girlfriend in exchange for the attorney general using his public office to help the real estate investor’s faltering businesses.
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The trial features several high-profile Texans
Ken Paxton’s impeachment trial involves a massive cast of elected officials, high-profile lawyers, whistleblowers from within his office, an indicted real estate investor and the attorney general’s former personal assistant.
Paxton, who was also student body president when he attended Baylor University, faces 16 articles of impeachment that accuse him of misusing his office to help Austin real estate investor Nate Paul, a friend and political donor who has been charged with eight counts of making false statements to financial institutions.
Since the initial day when the suspended attorney general was obligated to attend his trial, he has not made any appearances. Instead, his lawyer pleaded not guilty on his behalf. Paxton has consistently refuted the allegations and his legal team has promised to present evidence demonstrating that the accusations rest upon assumptions rather than concrete facts.
In the past, impeachment has typically been regarded as a last resort, employed only when alternative measures to remove an elected official from office have proven ineffective. Nevertheless, the possibility of impeachment has gained significant momentum over the past decade.
According to Brandon Rottinghaus, a political science professor at the University of Houston, the perception of political misconduct as a frequent event rather than an uncommon one is rising. As political adversaries seek to intensify their criticisms, resorting to utilizing the mechanisms of government institutions has become the subsequent strategy.
In recent years, Republicans and Democrats have escalated their disputes, showcasing them to the public eye like spectators at a boxing match. Observing this spectacle, smaller governments are adopting similar tactics, such as recall elections, commonly referred to as “little impeachments,” to achieve their desired outcomes, as highlighted by Rottinghaus.
In one case out of Lubbock, former Council member Victor Hernandez was the subject of a recall campaign in 2014. A constituent was angry that Hernandez failed to return phone calls from supporters. The recall effort failed.
Rottinghaus pointed out that although these politics may seem minor, they are heavily influenced by institutional conflicts.
Additionally, the impeachments in Austin and College Station coincide with the declaration of U.S. House Speaker Kevin McCarthy, a California Republican, expressing his endorsement for an impeachment inquiry against President Joe Biden. McCarthy deemed it as the “logical next step” following extensive investigations conducted by House Republicans into the activities of the Biden family.
Back in Texas, The Battalion reported the conflict in College Station started in late August. A student senator revealed that Kraus had edited the job description for a cabinet position to fit his younger brother’s qualifications the same day as the student Senate was set to vote. The student Senate then blocked Kraus’ brother from being appointed to a cabinet position.
Kraus privately apologized to the student Senate last week.
Kraus expressed in an apology letter published by The Battalion, “Given the significance of family in my life, my intentions were solely to safeguard my brother and ensure his well-being. Regrettably, I acted in a manner inconsistent with my true character by making misguided choices in my attempt to protect a family member.”
Kraus pleaded with senators in a letter, submitted by the Battalion on Sept. 8, to reconsider impeachment. He acknowledged his mistake and emphasized that it was an isolated incident, not indicative of a larger pattern of behavior.
According to The Battalion, student senators insisted on receiving a public apology.
According to The Battalion, Kraus filed an appeal to the Judicial Court of Texas A&M just before the trial began on Wednesday. The purpose of the appeal is to address any perceived errors in the procedures followed by the student government.
Two-thirds of the student Senate must vote to impeach and remove the student body president from office, the same threshold required in the Texas Senate to remove the attorney general from office.
Senators are abiding by the imposed gag order in both scenarios.
In a statement to The Battalion on September 13th, Sawyer Bagley, the chief justice of the student court at Texas A&M, explained that no statements will be issued by the court before the trial. This precautionary measure is taken to safeguard all individuals associated with the court. Bagley emphasized that adhering to a predetermined process is essential in such cases.
State Senator Drew Springer, representing Muenster, recently emphasized to his constituents that he and his team are strictly forbidden from discussing the trial at its commencement last week.
In a statement, he expressed, “As a Senator, I deeply value my constitutional responsibility as a member of the Court of Impeachment and remain committed to upholding my oath. Although I am unable to discuss the impeachment trial, I want to assure you that my team and I are available to assist you with any other concerns or issues you may have.”
The trial in Austin is entering its final stages as it concludes its second week. Closing arguments are scheduled to commence at 9 a.m. on Friday.
The student court at College Station has granted a 72-hour preparation time to both sides involved in the case titled “Student Body President Kraus v. Student Senate.” Once the preparation is complete, both parties will present their arguments before the justices, who will then decide whether the appeal should proceed, subsequently impacting the trial’s progression.
According to Rottinghaus, the persistent presence of impeachment in the political arena could potentially undermine public trust in the process.
According to Rottinghaus, people have traditionally regarded impeachment as a final option, to be employed only under particular circumstances. He emphasized that if it is perceived as a routine practice or a tool for political gain, its effectiveness will diminish.
Disclosure: Texas A&M University and University of Houston have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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