Lawyers for the suspended attorney general argue that compelled testimony would violate Paxton’s rights, but House impeachment managers disagree. The issue may be settled shortly after his trial begins.
, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.is fighting to stay off of the witness stand during his September impeachment trial, but prosecutors oppose the move, hoping to have the option of forcing Paxton to testify under oath., who will preside over the trial in the Texas Senate, to forbid the House impeachment team from issuing a subpoena that would compel Paxton’s testimony.
While Paxton has a Fifth Amendment right to decline to provide incriminating testimony, he must assert that right specifically from the witness stand, impeachment managers argued. “Paxton’s misdeeds with Paul are, in large part, the basis of this impeachment trial,” impeachment managers argued. “Given these circumstances, it is understandable why Paxton may think some of his answers to questions in the impeachment trial ‘would in themselves support a conviction’ or ‘furnish a link in the chain of evidence needed to prosecute,’ the standard necessary to invoke his right against self-incrimination.
Paxton has been under indictment on state securities fraud felony charges since 2015. He also faces a whistleblower lawsuit from former lieutenants who claim they were improperly fired in retaliation for reporting Paxton to the FBI and other law enforcement. That led to an FBI investigation that was transferred earlier this year to the U.S. Department of Justice — and reports that a federal grand jury in San Antonio is looking into details of Paxton’s relationship with Paul.
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