Day five of the Texas Senate Impeachment Trial of suspended Attorney General Ken Paxton opened with direct testimony from Mark Penley. Mr. Penley served as deputy attorney general for law enforcement before resigning.
Attorney for House Managers Rusty Hardin called Mr. Penley to the stand. Penley served 16 years as a federal prosecutor in the U.S. Attorney’s Office for the Northern District of Texas.
Penley testified that General Paxton asked him and former Texas Ranger David Maxwell to investigate federal investigators investigating his donor, Nate Paul. Some of these investigators were the same officials investigating Paxton in association with his pending securities fraud case.
The former head of law enforcement at the Office of Attorney General (OAG) detailed how Paxton wanted him to meet at a coffee shop in Highland Park in Dallas to discuss “a friend of mine.” When Penley arrived at the coffee shop, Paxton asked him to go to the car. While there, Paxton called Nate Paul, and Penley could hear the conversation. He could hear Nate Paul describing raids at his home and business properties.
When asked what he was thinking then, Penley answered, “Why is the Attorney General involved in this? Why is he wanting me to be involved in this?” He added he thought it was very odd that someone under federal investigation would have the Texas Attorney General’s attention this way.
Nate thought he was a “target” of federal officials and that they had altered a signed search warrant to broaden the search of his home and properties.
Later, Penley told Paul, “I represent the State of Texas, I am not your lawyer, and I cannot give you legal advice.”
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The deputy attorney general for law enforcement said he told his boss, the Attorney General, that this was “a very dangerous investigation for [the AG].” Penley testified he warned the AG that he looked like he was being bribed, there could be a media scandal, and told him about other concerns and that there was no ethical or legal reason they should do Nate Paul’s desired investigation.
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.
Bob Price is the Breitbart Texas-Border team’s associate editor and senior news contributor. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday-morning talk show. Follow him on Twitter @BobPriceBBTX.