Tag Archives: Collin County grand jury

legal news, State news

Texas garners another dubious ‘honor’

First, it was a sitting Texas governor who got indicted by a grand jury.

The governor, Rick Perry, has since left office and is now pursuing the Republican presidential nomination.

Now we have a sitting attorney general who’s been indicted by another grand jury.

Welcome to The Club, Ken Paxton.

http://www.texastribune.org/2015/08/03/paxton-set-surrender-securities-fraud-indictment/

Are they similar? Not by a long shot.

Perry’s indictment occurred in Travis County, where a grand jury has accused him of abuse of power and coercion of a public servant in connection with his veto of funds for the Public Integrity Unit. Perry and his allies have argued that the Travis County indictment was politically motivated; Travis County remains a Democratic bastion, while Perry is a Republican. Get it? Pure politics.

Not so with Paxton. He was indicted by a grand jury in his home county, which is Collin County. Paxton is a Republican attorney general; prior to that he represented Collin County in the Texas House of Representatives. I’m thinking it’s a real good bet that some — perhaps most — of the grand jurors voted for him when he ran for AG in 2014.

Paxton is indicted on two felony counts of securities fraud and another count of failing to register as an investment counselor.

This is serious stuff. Paxton is the state’s top law enforcer. He’s supposed to be clear of this kind of thing. He’s actually admitted to the investment advice matter.

Good grief! Can’t we do better than this in Texas?

OK, should he quit? No. He is still innocent until — or if — a court proves his guilt. Paxton plans to plead not guilty and will seek a trial by jury. Fine. That’s his right.

These indictments, though, of leading Texas politicians is getting worrisome.

legal news, State news

We should expect more from our attorney general

Texas Attorney General Ken Paxton is going to have a big start to his work week.

A grand jury in McKinney, about noon Monday, is reportedly going to indict him on at least two felony counts of securities fraud. One of the counts is a first-degree felony, the other is a third-degree felony.

Paxton has essentially admitted to committing the lesser offense. He did so while campaigning for the office to which voters elected him in 2014.

This all brings to mind an essential question about the wisdom of Texas voters: Shouldn’t we demand the very best from our elected officials?

Paxton was elected in a breeze this past November. That, by itself, really isn’t surprising, as Paxton is a Republican running in a heavily Republican state.

However, the guy took office in January as the state’s top legal eagle. Some AGs have cast themselves as major crime fighters; I keep thinking of the late Democrat Jim Mattox, who used to imply wrongly that he’d bring bad guys to justice, even though the office basically deals with civil matters.

Paxton’s indictments don’t suggest the man is morally unfit to hold the office he occupies. However, it galls me greatly that he could get elected for no other reason than he happened to be a member of the political party that calls all — and I mean all — the shots in Texas.

I don’t think Paxton needs to step down while he defends himself against the criminal complaints brought against him. I believe in the presumption of innocence. Thus, there’s no legal obligation for Paxton to recuse himself from his duties.

Yet it becomes difficult for the attorney general — and the office this one leads — to proceed with any matter relating to the very type of infractions that have produced these indictments.

Some of Paxton’s critics have noted that his record in the Legislature wasn’t all that stellar. He was under-qualified politically to ascend to an important statewide office, they said. I didn’t follow his legislative career all that closely, but this upcoming indictment involving securities fraud is a serious matter that needs to be resolved as quickly as possible.

The attorney general of Texas needs — and deserves — to have this matter adjudicated in short order.

For that matter, rank-and-file Texans need this case settled soon as well. Our state’s attorney general must not operate under this cloud. After all, this man works for us.

legal news

Should an indicted state AG still serve?

Regarding the upcoming indictment of Texas Attorney General Ken Paxton, reportedly on at least two felony counts of securities fraud, some critics are going to question whether he should continue serving in the office he occupies.

http://www.msn.com/en-us/news/politics/texas-attorney-general-indicted-on-felony-charges-sources-say/ar-BBljQAB

At first blush, my reaction might be for him to step aside.

Then again, I want to be fair. Paxton, a Republican, is entitled to a presumption of innocence. He’s going to be accused formally, it appears, of  third- and first-degree felony counts. He’s admitted to the third-degree accusation that he steered investment clients to a friend of his without notifying the state. The other charge involves an investment company with which he was involved.

A grand jury in Collin County, north of Dallas — which Paxton represented while he served in the Texas Legislature — is set to unseal its indictment Monday in McKinney, according to sources in the know.

It’s all pretty serious stuff, given that Paxton is the state’s leading lawyer and its chief law enforcer.

You just don’t expect the attorney general of your state to be so tainted.

That doesn’t mean he cannot do his job.

The burden of proving his guilt will rest with the state. Until that guilt is proven beyond a reasonable doubt, the man who’s accused of the crime is presumed innocent.

Let the man serve if he’s able, even though he’ll likely have his hands full trying to defend himself.

legal news, State news

Texas AG faces big legal fight

Well, isn’t this just like a punch in the chops?

A Collin County grand jury reportedly has indicted Texas Attorney General Ken Paxton on securities fraud charges … which Paxton actually admitted to while he was running for the statewide office he now holds.

The indictment will be unsealed in McKinney, Texas, the Collin County seat.

The indictment involves an allegation — if you can even call it that, given Paxton’s admission — that he rustled up some investment clients for a friend without filing the proper paperwork with the state; that’s a third-degree felony. But it gets even more hairy. Reports have surfaced that the grand jury also will indict him on a first-degree felony accusation of securities fraud involving a company with which Paxton was involved, and which has been investigated by the Securities and Exchange Commission.

http://www.msn.com/en-us/news/politics/texas-attorney-general-indicted-on-felony-charges-sources-say/ar-BBljQAB

“The (Texas) Rangers went out to investigate one thing, and they came back with information on something else,” special prosecutor Kent Schaffer. “It’s turned into something different than when they started.”

The Texas Rangers are the elite investigative arm of the Texas Department of Public Safety. In other words, thee folks are good at what they do.

I feel the need to point out a couple of key political points, given that I’m quite sure someone is going to label it a “political witch hunt.”

One, the Collin County district attorney recused himself from the case; so a special prosecutor was brought in.

Two, a judge from Tarrant County, about 40 miles east of McKinney, is going to hear the case.

Officials have made a concerted effort to remove any taint of bias from this investigation, given that Paxton represented Collin County in the Texas Legislature before he was elected to the state’s top law enforcement office.

Oh, and what about the grand jury itself? Is it populated with folks who have an axe to grind against Paxton? Remember when the Travis County grand jury indicted then-Gov. Rick Perry? The governor accused the panel impaneled in heavily Democratic Travis County of playing politics, given that Perry is a Republican and the person he was accused of bullying is a Democratic district attorney.

Is Collin County a Democratic bastion that could find grand jurors ready to send the Republican AG up the river?

Consider this little item: Collin County voted nearly 2-to-1 for GOP nominee Mitt Romney over Barack Obama in the 2012 presidential race. It’s fair to presume, therefore, that the grand jury pool likely leans more toward the attorney general’s party than in the other direction. If it doesn’t, I’m quite sure we’ll hear about it.

This is possibly shaping up as a difficult time for the Texas attorney general.

legal news, State news

Texas AG faces possible indictment

This one seems cut-and-dried, but it’s probably not going to be determined that way.

Texas Attorney General Ken Paxton has actually admitted to securities fraud. He was elected anyway in 2014 as the state’s top lawyer, its chief litigator. He should be above reproach. Isn’t that correct?

http://www.texastribune.org/2015/07/28/grand-jury-looming-paxtons-team-and-prosecutors-sp/

He’ll be investigated by a Collin County grand jury, which will get evidence presented by the Texas Rangers, the elite investigative arm of the Department of Public Safety.

Cut-and-dried?

The Republican attorney general admits to soliciting investment clients for a friend without notifying the state in accordance with state law.

So, is Paxton guilty as charged?

Let’s walk back a few years to around 1998.

President Bill Clinton took an oath to tell the truth while testifying before a federal grand jury. The panel asked the president some questions relating to his relationship with a young White House intern. The president didn’t tell the truth about that relationship.

What did the House of Representatives do? It impeached President Clinton.

Ostensibly, the impeachment really wasn’t about the inappropriate affair with the intern. It was about whether the president followed the law. The House said his lying to the grand jury constituted an impeachable offense.

The Senate, though, acquitted the president of the counts brought against him.

So, when a state constitutional officer — the attorney general — admits to breaking state securities law, does that constitute an indictable offense?

Cut … and … dried. Maybe.

legal news, political news, State news

Can’t we get a do-over?

Paul Burka apparently came out of retirement — perhaps just briefly — to write this scathing critique for TexasMonthly.com of Texas Attorney General Ken Paxton.

http://www.texasmonthly.com/burka-blog/ken-paxton-problem#.VZaoXwXb5tI.twitter

To sum up Burka’s analysis: Paxton’s public service career has been totally without accomplishment, yet he won the race for AG this past year because the state’s current TEA party golden boy, U.S. Sen. Ted Cruz, endorsed him.

Now the AG is facing a possible criminal indictment in his hometown of McKinney. A special prosecutor is going to take a complaint of securities fraud to a Collin County grand jury. If the attorney general is indicted, what happens then?

Burka noted that a Texas Monthly colleague asked Gov. Greg Abbott that question, and the government couldn’t/wouldn’t answer.

This appears to be one of those times when Texas voters should ask for a do-over from the most recent election.

I know it’s not possible, but I can wish for it anyway … can’t I?

 

legal news, State news

AG Paxton faces possible felony indictment

Do you ever wonder why people vote for political candidates who actually admit to doing something that could get them into serious legal trouble?

How did Texans, therefore, manage to elect a state attorney general — Ken Paxton of McKinney — who had acknowledged he solicited investment clients for a friend without giving the state proper notification?

It’s called “securities fraud.” It’s a serious deal. A Collin County grand jury is going to decide — maybe soon — whether to indict the state’s top lawyer on charges that he committed a felony.

http://www.texastribune.org/2015/07/01/potential-case-against-paxton-appears-grow-serious/

Now, before you get your underwear all knotted up, let’s understand a couple of things.

Paxton is a Republican. Collin County is a heavily Republican county north of Dallas. A special prosecutor — ostensibly an independent-thinking individual — has been brought in to present the case against Paxton, a former state representative from McKinney.

This really and truly isn’t the partisan witch hunt that’s been alleged in Travis County, where another grand jury indicted then-Gov. Rick Perry of abuse of power and coercion of a public official.

No. This case ought to smell differently to those critics.

The most damaging element of this probe would seem to be Paxton’s own acknowledgment that he did something wrong.

And on top of all of that, he’s hired a high-powered former federal judge, Joe Kendall of Dallas, to represent him.

I don’t know what that tells you, but it tells me that Paxton thinks there might be something upon which the grand jury would indict him. He’s going to need the best legal help he can get.

Getting back to my initial question, given that all this was known prior to the election this past November: How in the world did Texans elect this guy?