Tag Archives: Ken Paxton

legal news, political news, State news

Texas AG now faces SEC accusation

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Texas Attorney General Ken Paxton is under indictment for securities fraud.

Now, though, the Securities and Exchange Commission has weighed in on the attorney general, charging him with a similar misdeed.

Let’s see. A Collin County grand jury — in Paxton’s home county — has issued a criminal indictment. The SEC now has accused the AG of failure to disclose he was being paid a commission for investment advice he was giving.

Is there a pattern here? Does the state of Texas really deserve to be represented by a top legal eagle who’s now under a dual-edged complaint?

As one who believes in the presumption of innocence, I have been reluctant to call for Paxton to step down from this high office.

Until now.

Paxton has proclaimed his innocence. Of course he would, yes?

I recall during the 2014 campaign for attorney general, though, that Paxton — who served in the Texas Legislature — actually admitted to doing what the grand jury accused him of doing when it indicted him. The grand jury indicted him for failing to disclose that he had been paid for the investment advice he gave.

Still, Texas voters elected him.

According to the Texas Tribune: “People recruiting investors have a legal obligation to disclose any compensation they are receiving to promote a stock, and we allege that Paxton and White concealed the compensation they were receiving for touting Servergy’s product,” Shamoil T. Shipchandler, director of the SEC’s Fort Worth regional office, said in a news release on the complaint.

SEC joins in

This doesn’t look to me like a political witch hunt. The SEC is a regulatory agency run by professionals who are charged with ensuring that investment policies are followed to the letter.

The grand jury? It’s in the very county Paxton — a Republican — represented in the Legislature. Many of the grand jurors likely voted for the guy.

This doesn’t bode well for the attorney general.

For that matter, it doesn’t bode well for the state’s pursuit of top-notch and credible legal advice from its top lawyer.

I wouldn’t shed a tear if Ken Paxton decided to quit so he could devote his full attention to defending himself against these serious charges.

 

legal news, political news, State news

Paxton gets no ‘love’ from hometown court

paxton

If the embattled Texas attorney general was expecting to get some favorite-son treatment in his home county …

He’s mistaken.

Ken Paxton faces a possible trial on charges that he solicited investment business without notifying the proper state authorities that he was being compensated. A Collin County grand jury indicted him on the felony charges, to which the McKinney Republican has pleaded not guilty.

Paxton represented the suburban community north of Dallas in the Texas Legislature before being elected in 2014 as the state’s top lawyer.

Now a judge — also in Collin County — has tossed aside a motion to cap the money being to the special prosecution team that’s been appointed to represent the state.

Paxton’s lawyer lacked jurisdiction to file the motion, according to Judge Mark Greenberg.

I’m not going to pre-judge this case. The proceedings to date, though, seem to suggest that AG Paxton might be in for rough ride if this case goes to trial in Collin County.

Perhaps the most fascinating aspect of this case so far has been that Paxton has been indicted by a hometown grand jury and has been delivered setbacks by a court in his hometown as well.

Remember when former Republican Gov. Rick Perry blamed the grand jury in Democrat-friendly Travis County of playing politics when it indicted him for abuse of power?

Paxton can’t make the same argument.

This case could get interesting.

 

 

legal news, State news

Texas AG facing serious ethical probe

AUSTIN, TX - FEBRUARY 18: Texas Governor Greg Abbott (2nd L) speaks alongside U.S. Sen. Ted Cruz (R-TX) (L), Attorney General Ken Paxton (2nd R), Lieutenant Governor Dan Patrick (R) hold a joint press conference February 18, 2015 in Austin, Texas. The press conference addressed the United States District Court for the Southern District of Texas' decision on the lawsuit filed by a Texas-led coalition of 26 states challenging President Obama's executive action on immigration. (Photo by Erich Schlegel/Getty Images)

Ken Paxton took a serious oath when he became the Texas attorney general.

He put his hand on a Bible and vowed to preserve, protect and defend the Constitution of the United States and of the state.

Then the U.S. Supreme Court did something Paxton — I presume — didn’t expect. It ruled that gay marriage was legal in all 50 states. All of ’em. Including Texas.

How did Paxton react? He said county clerks weren’t bound by the court ruling, that they could refuse to issue marriage licenses to gay couples if the issuance of such documents violated their religious beliefs.

Oops! Can’t do that, said the State Bar of Texas.

It’s now going to launch an ethics investigation to see if Paxton — who’s already been indicted for securities fraud by a Collin County grand jury — violated his oath.

Well, of course he did!

If I were able to make a call on this, I’d declare that the AG broke faith with the oath he took. So did that county clerk in Kentucky, Kim Clark, who refused to issue marriage licenses to gay couples and who spent some time in jail because of that refusal.

What I can’t quite fathom is how these elected public officials feel they can get away with refusing to serve all their constituents. Paxton is a statewide officeholder, representing 26 million Texans. He won election in 2014 and then swore to follow the laws of the land. Not just those with which he agrees.

The Texas bar would seem to have an easy decision on its hands as it regards whether Paxton violated his oath of office. The tougher decision will be in the sanction it should level against him.

I am not going to say he should be removed from office.

Honestly, though, it baffles me constantly that these public officials — who get paid to represent every constituent — think they can select which laws to obey and which laws to flout.

That oath is clear. They cannot make that choice.

At all.

 

legal news, political news, State news

Always a political back story

refugees

I am a strong believer in what the Founding Fathers intended by creating an independent federal judiciary.

They gave the president the authority to nominate federal judges for lifetime jobs, pending approval by the U.S. Senate. The intent, as I’ve always understood it, was to de-politicize the judicial branch of government.

It works.

Judge blocks order

Then again, politics always seems to be part of the subplot of every federal judicial decision.

U.S. District Judge David Godbey, for example, today struck down Texas Attorney General Ken Paxton’s ban on Syrian refugees coming to Texas. Paxton cited security concerns in asking for the temporary restraining order. Godbey ruled within hours of the request that Paxton had failed to demonstrate that the refugees posed any kind of threat.

Godbey wrote, according to the Texas Tribune: “The Court finds that the evidence before it is largely speculative hearsay,” the judge wrote. “The [state] has failed to show by competent evidence that any terrorists actually have infiltrated the refugee program, much less that these particular refugees are terrorists intent on causing harm.”

So, it’s fair to ask: Is this judge sitting on the federal bench because a liberal Democratic president, Barack Obama, appointed him? No. He was selected in 2003 by Republican President George W. Bush to serve the Northern District of Texas. Paxton, let’s point out, is a Republican as well.

Does it really matter, then, whether a judge gets picked by a Democrat or a Republican? It shouldn’t. Judges take an oath to uphold the Constitution without regard to political favor. They do, remember, have a lifetime job.

But the politics of this particular issue — the refugee crisis and the political debate swirling all over it — causes one to look carefully at who’s making these decisions.

Judge Godbey appears to have put the law above his political leanings.

political news, State news

Politics getting even more fickle

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The Texas Tribune has published an interesting analysis of three Texas politicians who’ve gotten themselves into a bit of a legal jam.

They face different political fates.

Former Republican Gov. Rick Perry was indicted in Travis County on charges of abuse of power and coercion of a public official. He says it damaged his second presidential campaign, according to the Tribune’s Ross Ramsey.

Now we come to Republican Texas Attorney General Ken Paxton, whom a Collin County grand jury — his home county, by the way — indicted on charges of securities fraud. Paxton is fighting those charges. Indeed, Texas voters elected him to the AG’s post after Paxton actually acknowledged he had done what the grand jury accused him of doing. Wow …

Then we have the case of Democratic state Rep. Ron Reynolds, who has been convicted of misdemeanor barratry — aka ambulance chasing — and faces a jail term of as long as a year.

What’s weird, according to Ramsey, is that Reynolds is facing less political flak than the other two. Good grief! He’s been convicted of a misdemeanor, but might still be able to serve if he avoids any jail time.

This isn’t his first brush with ethical lapses, according to Ramsey, who writes: “His voters have been through this before. Last year, he was convicted on similar charges related to the same set of circumstances. Reynolds and seven other lawyers were accused of paying Robert Valdez Sr. for client referrals, and since he was finding them clients by scrounging through fresh accident reports, prosecutors said the lawyers were in effect illegally soliciting business.”

Furthermore, Reynolds likely will seek re-election next year.

Ugh!

I think there ought to be a campaign mounted in the Missouri City area that Reynolds represents to find a credible challenger. They can start by looking for someone who doesn’t possess a criminal record.

Check out Ramsey’s story here:

I hope you find it as interesting as I did.

 

 

religious news, State news

Texas AG speaks to the faithful

faith

Texas Attorney General Ken Paxton has been quiet lately … since his indictment in Collin County on charges of securities fraud.

The case hasn’t yet been settled. Paxton, though, spoke to a conservative political group, Texas Values, and asserted that Christians are being “marginalized” in public life.

I believe I’ll disagree with him on that.

Paxton calls for Christians to seek public office

I agree with the attorney general that people of faith should run. They should rely on their faith to inform their decisions. I cannot question either of those two notions that Paxton put forward.

Then again, I welcome people without faith to run as well. This country belongs to them as much as it belongs to believers.

Moreover, I have to draw the line on the idea that the so-called “marginalization” is anything new.

The U.S. Constitution has been quite clear on the role that faith should play in government. The founders knew what they were doing when they omitted the very word “religion” in the document. The only reference comes in Article VI, which declares that “no religious test” shall be applied to candidates running for public office.

Isn’t that crystal clear? It is to me.

Not to Paxton, apparently.

According to the Texas Tribune: “It’s important to understand opponents of religious liberty aren’t going away anytime soon,” said Paxton, a Republican, as he spoke to a crowd of about 100 people gathered at Pflugerville’s First Baptist Church. “We must refuse to be marginalized in the name of political correctness.”

Political correctness? What’s he talking about?

Religious liberty is a comprehensive term. It means different things to different people. To some, it means that we should be free to practice whatever faith we wish. To others, sadly, it means believing only in the faith they worship, as many Muslim-Americans have learned over the years when they encounter protests from non-Muslims.

And to even more Americans, the term “religious liberty” means being guaranteed the right to not worship any faith at all.

I do not believe what Paxton said in Pflugerville that there’s been an “ugly and frightening turn of events” that turns on people of faith who seek and hold public office.

If he’s referring to that Kentucky county clerk who refuses to grant marriage licenses to gay couples — and I suspect that’s Paxton’s point of reference — I’ll just remind him that she took an oath to serve all the residents of her county.

Even those who are gay.

 

political news, State news

Texas Democrats … wherefore art thou?

AUSTIN, TX - FEBRUARY 18: Texas Governor Greg Abbott (2nd L) speaks alongside U.S. Sen. Ted Cruz (R-TX) (L), Attorney General Ken Paxton (2nd R), Lieutenant Governor Dan Patrick (R) hold a joint press conference February 18, 2015 in Austin, Texas. The press conference addressed the United States District Court for the Southern District of Texas' decision on the lawsuit filed by a Texas-led coalition of 26 states challenging President Obama's executive action on immigration. (Photo by Erich Schlegel/Getty Images)

Ross Ramsey is as smart a Texas political analyst as they come.

Thus, his analysis of the moribund state of the Texas Democratic Party is worth your time to read.

Democrats nowhere to be found.

The Texas Tribune editor hits out of the park.

His thesis basically is this: If Texas had a viable two-party political system, the big mistakes being made by two statewide Republican officials would become immediate fodder for the opposing party.

He references Texas Attorney General Ken Paxton and Texas Agriculture Commissioner Sid Miller.

Paxton’s been indicted for securities fraud by a grand jury in his home county … that would be Collin County.

Miller — who Ramsey refers to as “Yosemite Sid” — has come out for cupcakes in classrooms and said he want to return deep fryers to public school kitchens. Ramsey also reports: “His campaign Facebook page shared a post featuring a picture of an atomic bomb blast and the words ‘Japan has been at peace with the US since August 9, 1945. It’s time we made peace with the Muslim world.’ His political staff removed it, said one of his workers had posted it and stopped short of an apology.”

What’s been the fallout of all this? Nothing. As Ramsey reports: “You can argue about what Democratic voters might think about Paxton and Miller. But those Democratic sentiments, whatever they are, apparently don’t matter to the Republicans. If they were worried about the reaction from the other party’s voters — or concerned that GOP officeholders were creating opportunities for candidates from the other side, they’d be doing something about it.”

When you’re the king of the mountain, by golly, you can say and do almost anything in a one-party state.

 

legal news, State news

‘Loyal’ Republicans turning on Texas AG?

AG Paxton

Texas Republicans are about as loyal as any partisan group anywhere in America.

They seem to stand behind their embattled officeholders no matter what. Until now … maybe.

Texas Monthly reports that a poll taken by the Texas Bipartisan Justice Committee shows that 62 percent of state Republicans want Attorney General Ken Paxton to resign over his indictment for securities fraud. The poll also reveals that 53 percent of self-proclaimed TEA Party members want Paxton to quit.

Although I disagree that he shouldn’t have to resign because of an indictment — it’s that presumption of innocence thing, you know — I find it fascinating that a significant majority of Texas Republicans want one of their own to leave office.

He was indicted, after all, by a grand jury in Collin County, which he represented in the Texas Legislature before being elected attorney general in 2014.

Maybe that ought to tell the attorney general something about his standing among all Texans — and that includes Democrats, too. He is after all, attorney general for the entire state and for all Texans, not just those who voted for him.

But as Erica Greider asks in her Texas Monthly blog, “What are the other 38 percent of Texas Republicans thinking?”

 

 

legal news, State news

AG may keep job, even if he’s convicted? Wow!

The Texas Tribune has published an interesting primer on the complexities of Texas law, its constitution and whether the state’s attorney general can keep his job even if he’s convicted of a felony.

Here’s the link. I encourage you to take a look at it and then try to decide what you think about it.

http://www.texastribune.org/2015/08/04/texplainer-if-convicted-will-paxton-have-leave-off/

Ken Paxton, a Republican, has been indicted in Collin County on three felony counts alleging securities fraud. He just took office as Texas attorney general in January. He vows to plead not guilty. He won’t quit.

I don’t think he needs to resign as AG while the case is being adjudicated. But if he’s convicted? To me, it’s a no-brainer. Hit the road, Ken.

The Tribune reminds us of a curious quirk in the Texas Constitution, which is that judges and other judicial officials do not have to be practicing lawyers when they take office, although they do need good standing as members of the State Bar of Texas.

Some years ago, Potter and Randall County voters elected the late Hal Miner to preside as judge in the 47th District Court. Miner hadn’t practiced law, as such, for more than two decades. He ran a family business, but stayed active in the state bar.

The question that Paxton could face involves whether he’d lose his license to practice law if he’s convicted of a felony. If he does, then he cannot serve as the state’s top legal counselor. But as the Tribune reports, the law license and a possible felony conviction are separate issues.

Bizarre, eh?

I believe a conviction should compel Paxton to quit — if for no other reason than his credibility as the state’s top law enforcer would be blown apart if a jury finds him guilty of, um, breaking the law.

State news

“Wipe that smirk off your face … “

This handout photo provided by Collin County, Texas shows Texas Attorney General Kenneth Paxton, who was booked into the county jail Monday, Aug. 3, 2015, in McKinney, Texas. A grand jury last week indicted Paxton on felony securities fraud charges. (AP Photo/Collin County via AP)

Look at this picture.

It is Texas Attorney General Ken Paxton posing for his jail-booking mug shot.

Does that smirk bother you? It bothers me. It makes me wonder why politicians feel compelled to smirk like that when they’re being booked into a lockup, a place with sturdy iron bars meant to keep prisoners inside.

Former Texas Gov. Rick Perry smirked like that when he was booked after being indicted more than a year ago.

Paxton’s mug shot illustrates, I guess, a certain smugness that politicians have when the criminal justice system tags them with an allegation that they’ve committed a crime.

In this case, a Collin County grand jury has accused Paxton of securities fraud. It’s a big deal. The man could lose his political career if a jury convicts him of the felony accusations.

This mug shot reminds me of my dear, late mother.

I had this bad habit of smirking like that when Mom scolded me when I was a kid. I took the habit with me into the U.S. Army in 1968; our drill sergeants would get in our faces for this or that during our basic training and my reaction would be to, um, smirk. It drove these combat-tested soldiers crazy … and it damn near got me into some serious trouble.

Mom would get so angry she’d order me to “wipe that smirk off your face or I’ll wipe it off for you.”

Attorney General Paxton’s smirk will disappear if a jury hangs the “felon” label on him.