Texas House Speaker responds to Paxton impeachment criticism in one-on-one interview

Editor's Note: This interview happened before Texas Lt. Gov. Dan Patrick issued a sweeping gag order on all parties involved in the impeachment trial.

AUSTIN (Nexstar) — In the weeks following the Texas House's historic vote to impeach now-suspended Attorney General Ken Paxton, some of the 121 Republicans who voted yes have faced political backlash — many are already facing primary opponents in their districts and vocal opposition from more conservative leaders around the state.

When the House voted to suspend Paxton on 20 articles of impeachment on May 27, divisions between conservatives were brought to the surface. Top Republicans — including former President Donald Trump and U.S. Sen. Ted Cruz — attempted to make last-minute appeals to House Republicans. Trump called members "Republicans in name only" and directly called out Gov. Greg Abbott, accusing him of not doing enough to protect Paxton in the first place. Cruz defended Paxton's record as the "strongest conservative AG," writing on Twitter "that's why the swamp in Austin wants him out."

The majority of the 20 articles of impeachment are centered around bribery and misuse of office allegations, saying Paxton used his power as attorney general to help campaign donor Nate Paul, an Austin real estate investor. The articles were the result of a two-month investigation that began after Paxton asked to use state funds to settle a $3.3 million whistleblower lawsuit filed by four former employees who accused him of wrongdoing.

A majority of Republicans, 60 of the 85 in the House, voted to impeach — which included a mix of center-right Republicans as well as the more conservative members of the caucus. There are 150 members in total in the lower chamber. Sharp criticism of their efforts has continued, with now more pressure on members of the Texas Senate — who will act as jurors in the impeachment trial that is set to start on Sept. 5.

Texas Scorecard first reported last Wednesday of an effort by a new political action committee calling on voters to contact their lawmakers asking them to stand with the suspended attorney general. The Stand With Paxton PAC has sent a letter to more than 300,000 Republican voters in the state’s 19 Republican Senate districts urging them to let their senators know they are against Paxton's impeachment, the Scorecard reported.

Speaker Phelan stands by the House impeachment vote

In his first television interview since the impeachment vote, Nexstar Capitol Correspondent Monica Madden asked House Speaker Dade Phelan last Friday to respond to the criticism of the House's effort and whether he thinks outside pressure on the senators will have an impact on the trial outcome.

It is important to note this interview happened before Texas Lt. Gov. Dan Patrick issued a sweeping gag order on all parties involved in the impeachment trial. The order prohibits Senate and House members, impeachment attorneys, witnesses, and any of the parties' employees or staff from making any statements publicly about the trial.

"I hope external pressures will not play a part in what I think is a very important piece of democracy, and that is a checks and balances on someone who did something wrong. And I hope that the senators don't in any way, feel any pressure from outside sources," Phelan told Nexstar.

Both Phelan and Rep. Andrew Murr — a Junction Republican who chairs the powerful House General Investigating Committee and the impeachment board of managers — are already facing Republican primary opponents in their respective districts, who have been targeting their position against Paxton. The state GOP and several local county parties have denounced the entire process, saying it was a rushed "illegal sham" and vowing to primary other conservatives who voted to impeach.

Phelan has not wavered in his defense of the House. Phelan pointed to the general investigating committee's months-long investigation into allegations against Paxton, after he asked the legislature to foot the $3.3 million bill for his whistleblower settlement, and noted the overwhelming majority of support from Republicans on the final vote.

"We started an investigation to see if that was a worthy use of taxpayer dollars and that started months and months and months ago. It was not public until May for a very good reason," he said. "I stand behind what happened in the House, and I'm proud of the work product that the board of managers put forth. And we have a good team. And it was the right thing to do."

New gag order now prohibits involved parties from speaking about impeachment

The gag order prohibits parties — including members of the Senate and House, witnesses and attorneys, and any staff employees of the parties — from making statements that they “reasonably should know” will have a “substantial likelihood of materially prejudicing the trial.”

“Out-of-court statements relating to the matters of this impeachment proceeding pose a serious and imminent threat to Warren Kenneth Paxton Jr.’s right to a fair trial of impeachment,” the order states.

The order calls some specific statements as “particularly egregious,” including those that some House members and attorneys on both sides have made to the press.

“After the Articles of Impeachment were referred to the Senate, one of the House Board of Managers authored an opinion article published in major newspapers that used inflammatory and prejudicial language,” the order states, referring to House General Investigating Chairman Andrew Murr’s June 2 editorial.

The order prohibits a wide range of public statements relating to the trial, including any statements concerning expected testimony, the existence or contents of any statement given by a party, the nature of any evidence, and any opinion regarding the merits of the articles of impeachment.

“I have received numerous questions on the upcoming impeachment trial,” Patrick said in a subsequent press release. “All 31 Senators and I are subject to communication rules which prohibit discussing the merits of the trial.”

Before the gag order was issued, Phelan expressed confidence in the Senate's ability to have a fair process.

"I firmly believe that Lieutenant Governor Patrick and his senators will give a very fair trial to Mr. Paxson...the rules seem very fair to me for everyone involved in this process," Phelan said.