The first morning of the impeachment trial of Texas Attorney General Warren Ken Paxton, Jr., began with consideration of Paxton’s motions to dismiss the articles of impeachment. The Texas senators serving as jurors soundly rejected Paxton’s argument that the Prior-Term “Forgiveness” Doctrine should result in dismissing the impeachment proceedings.
The senators rejected two pre-trial motions from Paxton asking for the dismissal of the 16 articles of impeachment being considered during the impeachment trial. In the first considered motion, Motion 22, the senators voted against the motion for summary judgment of all articles of impeachment by a bipartisan vote of 24 to 6. In the second, a motion to dismiss the articles of impeachment relating to acts that occurred before the last election, the senators rejected the Prior-Term “Forgiveness” Doctrine in a bipartisan vote of 22-8.
Breitbart Texas discussed the prior-term doctrine with several Houston attorneys on Monday.
Chris Tritico, Houston legal analyst and attorney, told Breitbart Texas, “The people of Texas deserve to hear the evidence in this trial. The forgiveness doctrine takes away the public’s chance to learn what their attorney general has been doing and their ability to make up their own mind about his actions.”
Criminal defense lawyer and KHOU CBS 11 legal analyst Carmen Roe discussed the pre-trial motions with Breitbart:
The motions to dismiss … are being ruled on before this impeachment trial begins. The written motions have been previously considered and require a simple majority to grant or deny. If any articles remain, the trial will proceed immediately following the vote with a 60 minute opening statement from each side.
Criminal defense attorney and former Harris County Republican Party Chairman Garry Polland expressed his concerns over the possibility of the Senate rejecting the articles of impeachment based on the “forgiveness” doctrine.”
“I’ve read the statute, and I am not convinced it applies,” Polland explained. “First, it does not mention statewide races. Second, the whole concept is a technicality.”
“But the position of Paxton is not ‘I didn’t do this stuff,’ but technically ‘I shouldn’t be held responsible,'” Polland added. “It doesn’t address the merits of the claims, and the concept puts certain politicians above the law.”
Former Texas Governor Rick Perry weighed in on the “forgiveness” doctrine in a Wall Street Journal op-ed where he wrote:
By moving forward with the trial, the Senate will both do its duty and answer voters’ legitimate questions about the allegations against Mr. Paxton.
Texans need a conclusive resolution to the serious allegations raised by this impeachment. We’ve come this far in the process, and it’s critical that the Senate sees it through to the end. That means a fair trial that allows both sides to lay out all the facts and gives senators the opportunity to vote based on the evidence.
All who swear an oath to serve must understand they will be held to the highest standard of integrity—particularly if they serve as a state’s top law-enforcement official. Texans can show the rest of the country that the rule of law applies to both political parties.
Following the pre-trial motions, Paxton pleaded not guilty to all counts in the articles of impeachment. Opening arguments for both sides are scheduled for 1 p.m. CDT.
Lana Shadwick is a writer and legal analyst for Breitbart Texas. She is a trial lawyer who served as a Texas prosecutor and family court associate judge.
Bob Price is the Breitbart Texas-Border team’s associate editor and senior news contributor. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday-morning talk show. Follow him on Twitter @BobPriceBBTX.
