Left: Texas Lt. Gov. Dan Patrick speaks during a news conference at the Texas Capitol in Austin, Texas, Tuesday, June 6, 2023. Patrick will oversee the Senate trial on whether to remove impeached Texas Attorney General Paxton from office (AP Photo/Eric Gay). Right: Texas state Attorney General Ken Paxton makes a statement at his office in Austin, Texas, Friday, May 26, 2023 (AP Photo/Eric Gay).
Weeks ahead of the impeachment trial of Texas Attorney General Ken Paxton, the former justice handpicked to provide legal counsel to the official overseeing the case has said he can’t do the job because he donated to Paxton’s opponent in an election.
Texas Lt. Gov. Dan Patrick announced Friday that he had selected Justice Marc Brown, who served on the Lone Star State’s 14th Court of Appeals from 2013 to 2018, to serve as legal counsel to Patrick in Paxton’s pending impeachment trial, which is set to start on Sept. 5.
Paxton is facing impeachment allegations by the Texas House of Representatives after years of alleged wrongdoing, including taking bribes, obstructing justice in a criminal case pending against him, issuing improper grand jury subpoenas, and violating state whistleblower laws by firing employees who reported his misconduct. He is also accused of colluding with a real estate investor to employ a woman with whom Paxton had an extramarital affair in exchange for Paxton allegedly providing the investor with an FBI file related to an investigation of him. That investor, wealthy Paxton donor Nate Paul, was indicted in June for federal financial crimes.
“I was looking for a candidate with real-life courtroom experience as a lawyer and a judge who would serve as counsel and work side-by-side with me through this process,” Patrick said announcing Brown’s appointment.
Patrick’s Aug. 18 announcement said that the decision to select Brown came “after several months of searching.”
My Statement Appointing Justice Marc Brown
as Counsel to the Presiding Officer for Impeachment Trial: https://t.co/CIHMnGQrLJ#txlege pic.twitter.com/zptTQeQ5ed— Office of the Lieutenant Governor Dan Patrick (@LtGovTX) August 18, 2023
The next day, however, Patrick was forced to backtrack, after Brown sent his office a letter declining the job.
“During meetings with your staff regarding the above position, my political activities and relationships to the participants in this matter were discussed,” Brown’s letter, dated Aug. 19, said. “Until today I had no recollection of any relevant matters.”
In November 2021, Brown said, he and his wife contributed $250 to the campaign of Eva Guzman, Paxton’s then-opponent.
“I did not recall that during our meetings with your staff,” Brown’s letter says.
Guzman ran for Texas attorney general in 2021 and lost to Paxton in the primary. Paxton, a Republican who went on to win the election over Democratic contender Rochelle Garza, has said that the impeachment charges against him should be dismissed because Texas voters knew about the allegations against him and voted him into office anyway.
Brown expressed “full confidence” in his ability to “fairly offer legal advice in this matter,” the letter says. “However, the proceedings commencing on September 5, 2023, are far too important to the State of Texas for there to be any distractions involving allegations of favoritism or personal bias on my part.”
Patrick issued a public statement that same day stating that he “accepted his declination to serve.”
Brown, a Republican, lost his seat in 2018 to Charles Spain, a Democrat.
The about-face came days after Texas House impeachment managers released thousands of pages of documents and exhibits in support of their case against the beleaguered Paxton.
Those documents reportedly show that Paxton, among other things, allegedly used multiple cellphones and an alias on a ride-sharing app to conceal an affair and pressured top aides to help Paul, the donor now facing charges.
The articles of impeachment were filed in May. Paxton has been suspended pending trial.
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