AUSTIN, Texas — Several of the so-called whistleblowers came out swinging Monday against their former boss, Texas Attorney General Ken Paxton, vowing “not to go away” and to continue their efforts to hold him accountable for what they say was the systemic abuse of his office on behalf of a friend and campaign donor.
Whistleblowers Blake Brickman and Mark Penley, both self-described conservative Republicans, spoke on the same day that their attorneys filed a motion with the Texas Supreme Court seeking to lift the stay on their case and have it sent back to Travis County District Court. A third whistleblower, Ryan Vassar, was also there during the press conference.
“The political trial is over,” Brickman said. “It’s time for the case to return to a real court.”
The impeachment trial ended nine days ago when the Republican-dominated Texas Senate acquitted Paxton on 16 impeachment articles accusing him of corruption, bribery and systematically using his office to benefit his friend and benefactor Nate Paul – allegations that Paxton vehemently denies.
The internal feud in the Republican Party has only escalated in the ensuing days.
Lt. Gov. Dan Patrick, who presided over the trial, blasted House Speaker Dade Phelan and the House of Representatives for what he says was a weak and rushed impeachment case.
In fact, within moments of the verdict, Patrick read a prepared statement in which he attacked the House for impeaching Paxton.
Meanwhile, Phelan has accused Patrick of rigging the trial. He wrote in an op-ed in the Beaumont Enterprise, his hometown paper, that “fix was in from the start” and that he stands “by the belief that Paxton’s conduct is beneath the office he holds.”
Over the weekend, the State Republican Executive Committee overwhelmingly approved a resolution demanding Phelan step down. Paxton also has called for Phelan to resign.
Speaking to reporters Monday, Brickman accused a high-ranking official in the Texas Attorney General’s Office of being untruthful when he testified that it was the whistleblowers who first sought to settle the case.
“While we were expecting a ruling from the Supreme court, (the office of Attorney General) reached to us out of the blue and asked if we were interested in settling,” Brickman said.
Brickman said a letter has been sent to all 31 members of the Texas senate and Patrick, along with an affidavit and evidence, refuting that testimony.
Penley and Brickman praised House impeachment managers for presenting what they described as ample evidence of Paxton’s unfitness for office. They thanked the 14 senators, including Republican Senators Kelly Hancock and Bob Nichols, “for not wilting under political pressure and enabling Ken Paxton’s lawlessness.
They said it was the dozens of grand jury subpoenas issued against Paul’s business and law enforcement enemies by an outside lawyer working on the Attorney General’s behalf that prompted them to go to the FBI in September 2020.
Within 45 days of going to the FBI, Paxton’s office fired five of the eight whistleblowers. Three others resigned. Penley, Brickman, Vassar and former Texas Ranger David Maxwell filed the whistleblower lawsuit that led to the settlement.
“It had nothing to do with politics by any of us,” Penley said. “What this had to do was we saw his illegal and unethical behavior. We had a duty. We had a responsibility to report it to law enforcement.”
Brickman said the evidence showed Paxton “continually and repeatedly used the power of his office to benefit Nate Paul by circumventing the open records process, by interfering in Paul’s litigation with the charitable trust, by issuing a rushed opinion that Paul used to try and prevent foreclosure of his properties, by ordering OAG enforcement division to investigate FBI agents, state securities officials and even the federal magistrate judge that were investigating Paul.”
Brickman also brought up the allegations that Paul paid for renovation work at Paxton’s home. Testimony showed Paxton paid for the renovation work after the whistleblowers went to law enforcement. Records produced during the trial showed the $121,000 invoice was created a day after Paxton paid for the work.
Brickman also brought up the Uber account created by Paul that records show Paxton used to visit his then-mistress Laura Olson, and that Paul gave Olson a job.
Brickman and Penley criticized Patrick for what they said were decisions that key pieces of evidence and testimony be left out of the trial.
“I know that Lt. Gov. Patrick at his sole discretion was the decider that Ken Paxton did not have to testify (and) that Laura Olson did not have to testify,” Brickman said.
Brickman blasted Patrick for accepting a multi-million donation from Paxton supporters on the eve of trial, and for the “shocking” prepared remarks he gave shortly after the verdict attacking the House.
If the case is returned to district court, Brickman promised they would seek to depose Paxton’s wife, State Sen. Angela Paxton, about what she knew about the renovations to the home. He also said they said they will force Paxton, Paul, Olson and others to take the stand and testify or plead the fifth.
It remains to be seen if the state legislature will approve the $3.3 million settlement but it seems unlikely at this point.
Brickman said he is hopeful that the Supreme Court will reject Paxton’s argument that as an elected official he is not subject to the provisions of the state’s whistleblower act.
“This is a particularly ironic position given this page on the OAG’s own website promoting the very law the office now attacks,” Brickman said.
Brickman told reports Monday that the FBI investigation of Paxton’s conduct remains ongoing. He also pointed out that investigation started when President Trump was still in office and to a person each of the whistleblowers were conversative Republicans.
“These allegations are from the top eight people in Ken Paxton’s office, so for him to claim that this is some political witch hunt… is absolutely ludicrous,” Brickman said.
During the trial, Paxton’s defense team repeatedly pointed out that none of the whistleblowers had been questioned under oath by House investigators. Penley responded Monday that at the trial all of them had testified under oath and that Paxton’s team had access to the statements they’d given to House investigators.
“When does Ken Paxton go under oath” said Penley, Paxton’s one-time handpicked deputy attorney general for criminal justice. “He’s out doing radio talk shows and going to friendly venues where he won’t be pressed on the evidence.”
Don Tittle, an attorney representing Penley, said in an interview with WFAA, that he believes massive political pressure was the decisive factor in Paxton’s acquittal.
“There were billboards in Austin, in which there were basically threats made against any Republican Senator that voted to convict. You will get an opponent,” Tittle said. “Look, that's witness tampering or jury tampering in any other venue, right. In a state court or federal court, people would be prosecuted for that. But, again, this was not a real trial. It was a political trial.”
The road to Paxton’s impeachment began with a $3.3 million settlement of a lawsuit brought by the whistleblowers. Lawmakers were outraged when Paxton asked the Legislature to approve the settlement. That prompted a House committee to begin secretly investigating Paxton and the allegations involved in the lawsuit.
The investigation became public shortly before the end of the legislative session.
And with mere days remaining in the session, the Republican-led House impeached Paxton on 20 articles of impeachment alleging a pattern of corruption and misuse of his office. He was ultimately tried on 16 of those counts.
After voting to acquit Paxton, Senators voted to dismiss the remaining four counts related to pending criminal charges accusing Paxton of securities fraud.
“This has been an incredibly difficult three years on our families,” Brickman said. “But we’re strengthened by the book of John where Jesus said the truth will set you free.”