Tag Archives: Texas attorney general

Texas voters need to share in Paxton saga

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Erica Greider, writing a blog for Texas Monthly, takes note of Texas Attorney General Ken Paxton’s growing legal problems.

He shouldn’t stand alone in the alleged culpability, she writes.

Part of the responsibility — perhaps most of it — belongs to the Texans who elected him in 2014 as the state’s top law enforcement officer.

http://www.texasmonthly.com/burka-blog/indictments-texass-attorney-general/

A Collin County grand jury indicted Paxton this past year on several counts of securities fraud. Now, though, the Securities and Exchange Commission — the federal agency that oversees investment transactions — has leveled complaints against the attorney general.

Greider notes correctly that Paxton deserves the presumption of innocence, but she adds: “Even so, for an attorney general to rack up so many indictments with such ease and rapidity is in poor taste and raises troubling questions about his efficacy as manager.”

But none of this was a surprise sprung on Texans after he took office. It had been reported well before the November 2014 election that Paxton was in trouble for allegedly receiving income for investment advice he was giving to friends without reporting it properly to state election officials.

With that, Texans knew they were possibly electing a top legal eagle who himself might be facing some serious legal difficulty.

They elected him. He took office and then — wouldn’t you know it? — the grand jury indicted him and then the SEC weighed in with complaints of its own.

It just seems — to me, at least — that voters ought to be a good bit more discerning when selecting people to high public office.

It’s especially true — again, in my view only — that such discernment ought to be tuned even more finely when those selections involve people we entrust to enforce the state’s laws.

We can do a whole letter better than electing folks who are lugging around this kind of baggage.


 

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 Servergyā€™s product,”Ā Shamoil T. Shipchandler, director of the SECā€™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 andĀ credibleĀ 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.

 

Cruz and Cornyn: an uneasy Senate team?

cornyn and cruz

Every state is represented in the U.S. Senate by two individuals who, under an unwritten rule of good government, would seek to work in close political partnership.

The Texas Tribune has published an interesting analysis of the relationship of Texas’s two Republican senators, one of whom is running for president of the United States.

Ted Cruz andĀ John Cornyn, according to the Tribune, aren’t exactly close. They aren’t joined at the hip. You don’t see them singing each other’s praises.

Is it a metaphor for what we’ve heardĀ about Cruz?

It’s been stated repeatedly during this Republican primary campaign that Cruz hasn’t made many “friends” in the Senate. He doesn’t “play well with others,” the saying goes. He called the Senate majority leader, Mitch McConnell, a “liar” in a Senate floor speech and then just this past week said he had no intention to take back what he said.

It might be a big deal — in a normal election cycle. This one isn’t normal. As the Tribune reports: “In any other circumstance, it would be curious that a viable presidential candidate did not have the support of his fellow state Republican. But each man in this case represents the visceral divide raging in the party: Cornyn is the consummate establishment team player, while Cruz is the TEA Party insurgent.”

Cruz has been a senator for slightly more than three years. Cornyn was elected in 2002. What’s more, the Senate is Cruz’s first elected office; Cornyn, on the other hand, served as Texas attorney general and, before that, as a member of the Texas Supreme Court.

Cornyn knows how to play the political game in Texas. He’s good at it. Is he exactly my kind of senator? Hardly, but I do respect the man’s political skill.

Cruz brings another element to this game. I would consider it his amazing degree of hubris and utter fearlessness.

It’s long been said that the U.S. Senate is a 100-member club that requires a bit of time for members to feel comfortable. It took young Ted Cruz no time at all to grab a microphone on the Senate floor and begin blasting away at his rivals.

It’s only a hunch on my part but it might be that the Texas rookie’s rush to theĀ centerĀ of the stage could have been a bit off-putting to the more senior legislator.

It used to be said that the “most dangerous place in Washington” was the space between Sen. Phil Gramm and a microphone. Gramm left the Senate some years ago. Ted Cruz has taken up that new — apparently with great gusto.

Is he a team player? Are Texas’s two senators — Cornyn and Cruz — on the same page all the time? Consider this from the Tribune:

“There are no whispered tales in Senate circles about heated arguments between the two men or icy glares on the Senate floor. Instead, the most frequently used word observers use to describe the relationship is ‘disconnected.’ā€

 

 

Paxton gets no ‘love’ from hometown court

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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-judgeĀ 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.

 

 

‘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 generalĀ 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?”

 

 

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,Ā 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.

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,Ā 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.Ā Our state’s attorney general must not operate under this cloud. After all, this man works for us.

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,Ā is entitled to a presumption of innocence. He’s going to be accused formally, it appears, ofĀ  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.

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.

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.

ThisĀ appears to beĀ 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 …Ā can’t I?