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The Texas Supreme Court has sided with former top deputies of Attorney General Ken Paxton and cleared the way for their whistleblower lawsuit to move forward.
On Friday, the Supreme Court, comprising solely of Republican members, denied Paxton’s plea to dismiss the lawsuit. The case had been put on hold as there were chances of reaching a settlement with the whistleblowers. The court’s rulings followed the whistleblowers’ request to reinstate the case, made four days prior, and came approximately two weeks after Paxton’s acquittal in his impeachment trial by the Texas Senate.
The case will go back to a trial court in Travis County.
The lawyers representing the whistleblowers expressed their anticipation in obtaining a trial date swiftly and preparing the case for trial.
In 2020, a group of four whistleblowers filed a lawsuit against the attorney general’s office, accusing them of wrongful termination and retaliation. Their allegations stemmed from their report to the FBI, claiming that Paxton had misused his position to assist his acquaintance and donor, Nate Paul. Initially, the whistleblowers were close to reaching a settlement of $3.3 million with the attorney general’s office earlier this year. However, the Texas House investigators became concerned about the use of taxpayer funds for the settlement and subsequently initiated an investigation into the lawsuit’s claims. As a result, they recommended Paxton’s impeachment.
The series of events effectively froze the case at the Texas Supreme Court. But on Monday, the whistleblowers held a news conference to announce that they were asking the high court to jump start their case in light of Paxton’s acquittal.
On Monday, whistleblower Blake Brickman asserted that the political trial has concluded, and now it is imperative for the case to be brought back to an authentic court.
Paxton’s office refrained from commenting on the news conference, indicating that their legal team would provide a response in court. However, it seems that they failed to submit a reply before the ruling on Friday.
Brickman, along with three other former Paxton deputies namely Ryan Vassar, David Maxwell, and Mark Penley, are plaintiffs in the lawsuit. These four fired deputies had previously given testimony as prosecution witnesses during Paxton’s impeachment trial.
On Friday, the Supreme Court denied Paxton’s petition for review without providing any explanation for its decision. Justice Evan Young did not participate in the ruling.
After the lawsuit was dismissed in pretrial attempts by Paxton’s agency, the case made its way to the Texas Supreme Court in early 2022, following rejections from a state appeals court and the trial judge.
Paxton has contended that his agency acted appropriately, citing the “at-will” termination policy and his status as an elected official, which exempts him from the whistleblower law. The Texas Whistleblower Act safeguards state employees from reprisals by fellow colleagues when reporting possible criminal activities to law enforcement.
According to Paxton’s office, he, along with the Governor, Lieutenant Governor, and other members of the Court, is an elected official who has been chosen by the people of Texas to represent their sovereign authority. This statement was made in the petition for review submitted to the Supreme Court.
There was no immediate response from Paxton’s office regarding Friday’s ruling when asked for comment.