The former chief of staff to suspended Texas Attorney General Ken Paxton confronted her boss after his security detail, state-employed personal assistant, and other staff members complained about Paxton’s adulterous relationship with Laura Olson. She also testified about the impact of calendaring changes, extra hours, and weekends staff had to work due to his behavior. This “was not state business,” she testified.
House Impeachment Managers called Katherine “Missy” Minter Cary to testify to many issues involving the articles of impeachment, including Paxton’s contract with a lawyer hired by Paxton to investigate federal and DPS investigators and public record requests designed to assist donor Natin “Nate” Paul. Testimony revealed that Paul was also the employer of Laura Olson.
Paxton’s former chief of staff testified about her knowledge of the General’s acknowledgment and discussions about his extramarital affair, as well as the staff meeting where Paxton acknowledged his infidelity to his staff and wife, Texas Senator Angela Paxton (R-Mckinney). Ken Paxton served as a Texas state senator with his constituency centered in Collin County, a county also central to Angela Paxton’s election.
Senator Angela Paxton was not sworn in as a juror. She is, however, required by the Texas Constitution to be present, so she has to hear the testimony. She is recused from voting, deliberating, or asking questions of any witnesses. Ken Paxton has not attended the impeachment proceedings except for the first morning when he was required to enter a guilty or not guilty plea. Defense attorney Tony Buzbee entered a “not guilty” plea for Paxton.
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Missy Cary testified that the staff complained about Paxton’s behavior and the relationship was causing disruption and morale problems at the office. Angela Paxton would call the office looking for General Paxton, and staff members were uncomfortable answering her phone calls.
Cary went to Paxton and talked to him about the ethical concerns and ramifications, including being vulnerable to bribery. She told him it was also an issue of misuse of office and state resources and time.
“I told General Paxton quite bluntly it wasn’t my business who he was sleeping with, but when things bleed over into the office and into the state work, it becomes my business.” Paxton told Cary that Olson was his real estate agent.
Cary said she told Paxton that he needed to tell his wife about the affair. Cary testified that Ken Paxton, Senator Paxton, and upper staff in the office met in September of 2018, and the General told everyone present that he had had an affair. The Senator cried, and Cary described the meeting as very uncomfortable. “My heart broke for her [Angela],” the former chief of staff testified. Cary testified that Paxton seemed contrite and thought the affair would be over.
She learned in 2019 that Paxton was still having an affair with Olson. She broached the subject with her boss, who told her he still loved Olson. She testified that he raised his voice loud enough to be heard outside her door. He stormed out of her office.
Many of the articles of impeachment relate to Paxton’s alleged dealings with Austin real estate developer Nate Paul. FBI agents arrested Paul in June on charges of false statements to financial institutions and understating the value of his bank accounts and other assets. Paul donated $25,000 to Paxton’s campaign and is the employer of Paxton’s mistress.
Article XVII of the Articles of Impeachment charges that “Paxton misused his official powers by causing employees of his office to perform services for his benefit and the benefit of others.”
Texas Penal Code section 39.02 entitled “Abuse of Official Capacity,” provides that:
a. A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
1. violates a law relating to the public servant’s office or employment; or
2. misuses government property, services, personnel, or any other thing of value belonging to the government that has come in into the public servant’s custody or possession by virtue of the public servant’s office or employment.
The degree of punishment is a misdemeanor or felony, depending on the value of the thing misused. It is a state jail felony if the value of the thing misused is $2,500 to $30,000, a felony of the third degree if the value is $30,000 to $150,000, a second decree felony if the value is between $150,000 and $300,000, and a felony of the first degree if the value is $300,000 or more.
Cary testified that at one point, she believed the upper echelon was spending 50 percent of their time on Nate Paul.
Article IX of the Articles of Impeachment provides that Paxton engaged in bribery, thus violating section 41, Article XVI of the Texas Constitution. The Texas Penal Code section governing bribery is 36.02.
Article XVIII of the impeachment articles is a “catchall” that charges “While holding office as attorney general, Warren Kenneth Paxton violated the Texas Constitution, his oaths of office, statutes, and public policy against public officials acting contrary to the public interest by engaging in acts described in one or more articles.”
Article XIX charges that Paxton “engaged in misconduct, private or public, of such character as to indicate his unfitness for office, as shown by the acts described in one or more articles.”
Article XX charges that Paxton abused the public trust, “bringing the Office of Attorney General into scandal and disrepute to the prejudice of public confidence in the government of this State, as shown by the acts described in one or more articles.”
Video archives of the impeachment proceedings can be found on the Texas Senate Impeachment website. The articles of Impeachment, the Rules of Procedure for the Court of Impeachment, the witness list, all motions filed by the House Board of Managers and Paxton’s defense team, exhibits, and other potential evidence are posted on the Texas Senate Court of Impeachment website.
Lana Shadwick is a writer and legal analyst for Breitbart Texas. She is a trial lawyer who practices criminal defense and family law in East Texas. She served as a Texas prosecutor and family court associate judge in Harris County, Texas.
Editor’s note: This article has been updated with additional content regarding the Texas Constitution, Texas Penal Code, and the related Articles of Impeachment.