Paxton Impeachment

Last Saturday the Texas House voted 121-23 to impeach Republican Attorney General Ken Paxton. The landslide bi-partisan vote shows this is not a political or a partisan matter. Ken Paxton has proven to be a liar, a fraud, and a criminal in multiple ways during his tenure as Attorney General. Texas citizens deserve accountability and our state representative, John Kuempel, did the right thing and voted to impeach unlike 20 other Republicans.

The House charged Paxton on 20 counts. Half of the charges are related to actions taken to benefit Nate Paul a wealthy Austin real estate developer who has made high dollar donations to Paxton’s political campaigns, rewards from Paul to Paxton, or to cover-up those actions, including the firing of whistleblowers.

In Article 1, Paxton is charged with failing to act as a public protector of charitable organizations by directing his employees in the attorney general’s office to intervene in a lawsuit brought by the Roy F. & JoAnn Cole Mitte Foundation against entities controlled Paul, harming the Austin charity in an effort to benefit Paul.

Article 9 Alleges that Paxton benefited from Paul’s decision to hire the woman that Paxton has acknowledged having an affair with. In exchange, Paul allegedly received favorable legal assistance from, or specialized access to, the attorney general’s office.

Article 10 Alleges that in exchange for providing free renovations to Paxton’s home, Paul received favorable legal assistance from, or specialized access to, the attorney general’s office.

Other charges include Article 16 in which Paxton is accused of conspiring or attempting to conspire with others to commit acts described in one or more articles. Article 17 in which Paxton is accused of misusing his official powers by causing employees to perform services for his benefit and the benefit of others. Paxton is also charged with Dereliction of Duty, Unfitness for Office, and Abuse of Public Trust among other allegations.

The next step is a trial in the Texas Senate, in which Paxton’s wife Angela is a member. According to the Texas constitution the senate sets its own rules for the trial so at this time it is unknown whether Senator Paxton will be allowed to vote on the charges. Since the constitution requires that two thirds of the senate members present at the trial vote to convict in order to remove an official from office that means 20 or 21 must do so depending on whether or not his wife is allowed to participate.

The partisan split in the senate is 19 Republican and 12 Democrats. I think we can be assured of the all 12 Democrats voting to convict since Paxton’s mis-deeds have been in the public eye since well before the 2022 election. The real question in my mind is whether or not there are 8 or 9 Republican senators with the fortitude to do the right thing and remove the odious Paxton from office.

Republican Senator Donna Campbell represents a section of Guadalupe County north of I-10 and west of Highway 123, Democrats Judith Zaffirini and Roland Gutierrez represent the rest of the county. We’ll have to wait and see if Sen. Campbell has the integrity to vote for conviction or prefers to pander to the Republican base.

Published in the Seguin Gazette May 31, 2023

Bolton Bombshell Requires Public Testimony

I’ve previously argued that the American people deserve a thorough and transparent senate trial. Such a trial requires that senators and the public hear testimony from former National Security Advisor John Bolton, Interim Chief of Staff Mick Mulvaney and others as well as the opportunity to review documents pertaining to the illegal withholding of military aid funds approved by congress. Bolton and Mulvaney among others are first-person witnesses to the words and actions of Donald Trump and therefore have direct knowledge pertinent to the trial. That should have been more than enough reason, but now that the New York Times has reported John Bolton wrote in his proposed book that Trump specifically told him that the funds were being withheld until Ukraine announced an investigation into Joe Biden and his son. Even those who still believe Trump should demand that Bolton publicly testify under oath so that we all have the opportunity to evaluate Bolton’s credibility.

Senator Cornyn voted 11 times on January 21st and 22nd to block first-hand witnesses from testifying and to prevent relevant evidence from being included. Voting against witnesses and evidence is like covering one’s ears and eyes to block out the truth.

Just over 45 years ago Richard Nixon resigned from the presidency when Senate Minority Leader Hugh Scott, Senator Barry Goldwater, and House Minority Leader John Jacob Rhodes met with him to inform him of failing support among Republicans in congress. Rhodes told Nixon he faced certain impeachment in the House. Scott and Goldwater told the president that he had 15 votes or less in his favor in the Senate, less than half the 34 needed to avoid removal from office. Those members of congress were no less partisan than those in congress today, but they did respond to pressure from the public.

With the current partisan split in the Senate it’s going to take 4 Republican senators to vote with Democrats in order to allow the public to hear that testimony. It’s going to take public pressure on Republicans to make that happen. There are several Republicans whose names are being bandied about as candidates for those 4 votes including Mitt Romney of Utah and Susan Collins of Maine because of their perceived moderate positions or election vulnerability. While John Cornyn of Texas isn’t on the media list and unlike those who have been named he hasn’t made any public statements indicating any possible support for calling witnesses he is up for re-election and Democrats here have already shown the state is competitive which makes him vulnerable to public opinion.

This is much bigger than just President Trump. Preventing witnesses, evidence, and transparency in President Trump’s impeachment trial sets a dangerous precedent and potentially undermines the Constitution for generations. While impeachment might just seem like some abstract exercise, this process could affect Texans for years to come. It might be a Republican ignoring the Constitution this time, but it could just as easily be a Democratic president at some point in the future. 

Republicans and Democrats must put country over party to allow evidence and critical first-hand witnesses as part of the impeachment trial. Only public participation can keep our political process on track and that means you, your family and your neighbors need to take part. All it takes is a simple two minute phone call to Senator Cornyn’s office, (202) 224-2934. Just leave a message with your name, zip code and the fact that you want to hear what John Bolton and Mick Mulvaney have to say in public and while under oath.

Honesty and Transparency Demand Witnesses

I think it’s fair to say that most Americans believe that no one should be above the law and the overwhelming majority of us think justice is best served by a fair trial. It is generally accepted that a fair trial requires the ability of both sides to call witnesses and that evidence be presented such as documents that may be in the hands of the person on trial. That standard we held to in the Senate trial of President Bill Clinton and should apply to the Senate trial of President Donald J. Trump.

Senate Majority Leader Mitch McConnell, aided and abetted by his second in command our own Senator John Cornyn, has made it clear that he wants to avoid hearing from witnesses and the presentation of documents. Since Trump withheld thousands of documents requested by the House impeachment inquiry team and instructed White House staff to ignore subpoenas the trial in the Senate is last chance the American people will get to find out all the details regarding the administration withholding congressionally approved funds for the defense of Ukraine.

In their efforts to provide cover for Trump, Republicans have claimed that all the witnesses in the impeachment inquiry were second and third hand witnesses. Now that the Senate is about to take up the case all indications so far are that will turn their backs on the opportunity to call first hand witnesses like former National Security Advisor John Bolton and Office of Management and Budget Director Mick Mulvaney among others. Sunday morning on Face the Nation Senator Cornyn was asked directly about this and he just dodged the issue claiming that the House shouldn’t have voted to impeach without all the necessary evidence. Cornyn’s claim relates directly to one of the articles of impeachment, abuse of power, since Trump refused to produce the documents and demanded that administration members not testify. Senator Cornyn’s circular argument shows the blatant dishonesty congressional Republicans have indulged in for months isn’t going to stop anytime soon.

Last week Supreme Court Chief Justice John Roberts administered an oath to all 100 senators which says in part "that in all things appertaining to the trial of the impeachment of Donald John Trump, president of the United States, now pending, I will do impartial justice according to the Constitution and laws, so help me God." Given that Mitch McConnell stated weeks ago that he is coordinating with Trump on how the Senate will handle the trial it’s hard to imagine him acting impartially when it comes time to vote.

The American people deserve honesty from their elected officials that means a thorough hearing of all the evidence including that which has previously been withheld and the testimony of administration witnesses that have so far refused to testify anything less is a cover-up and we shouldn’t stand for that. It’s going to take our senators to vote for both of them and which means it’s going to take you to demand it of them. Call our senators this week and tell them you expect to hear John Bolton, Mick Mulvaney and others testify in the senate trial. Senator Cornyn’s office number is (202) 224-2934, Senator Cruz’s office number is (202) 224-5922.

Looking Forward In The New Year

This is the time of year when you’ll see a lot of year in review articles but I prefer to look forward so let’s look at some important issues our nation will be addressing very soon and what we can do about them. Next week our members of congress will be back in their Washington, D.C. offices and Donald Trump’s potential trial in the Senate looms large now that the House has voted to impeach him. Speaker of the House Nancy Pelosi has so far withheld the articles of impeachment from the Senate because the Majority Leader, Mitch McConnell, who controls the agenda there has suggested that he might not allow witness testimony or demand documents from the Trump administration. The American people deserve a thorough trial based on the facts and that can only happen if witnesses to the actions of the president and his appointees are required to testify publicly. Of course, no trial would be complete without documentary evidence from the White House.

Since one of our senators, John Cornyn, is the second most powerful Republican we, the citizens of Texas, have an opportunity and a duty to try to persuade him to demand that witnesses like former member of the National Security Council John Bolton and Acting Chief of Staff Mick Mulvaney be called and documents provided so that the American people are assured of a fair trial. It doesn’t hurt that Cornyn is up for re-election and that Texas has become more competitive since Trump became president so our senator is likely to consider how his behavior is viewed by voters more than he might in other years. You can make your views known to Senator Cornyn by calling his San Antonio office at (210) 224-7485. While you’re at it take another moment to call our other senator, Ted Cruz, with a similar message, his office number is (210) 340-2885.

The next big event this year is the March 3^rd primary election where Democrats and Republicans will have the opportunity to choose their candidates for offices from president down to county commissioner. In Guadalupe County the only state offices with a Democratic primary are for seats on the Fourth Court of Appeal and there are no county offices being contested at all. There are 17 names on the Democratic presidential primary ballot though only 15 are running nationwide campaigns and of those only 8 seem to have any real chance of earning the right to run in the November general election. Those that appear to be competitive are Elizabeth Warren, Bernie Sanders, Joe Biden, Andrew Yang, Amy Klobuchar, Mike Bloomberg, Cory Booker, and Pete Buttigieg. Early voting in Texas starts February 18 so it’s not too early to start investigating who you’ll want to vote for if you haven’t already started or made up your mind.

The Democratic primary for U.S. Senate is also a hotly contested race with 12 candidates and deserves your close attention as well since Beto O’Rourke’s close loss in 2018 shows that Texas is truly a competitive state. There is a very real chance our primary winner could end up as our next U.S. Senator. Of the 12 only 5 appear to have garnered enough financial support to run professional campaigns statewide. M. J. Hegar, Chris Bell, Amanda Edwards, Royce West, and Cristina Tzintzun Ramirez have all visited in Guadalupe County or nearby. It’s time to do your research on them as well.

Tomorrow morning take 5 minutes and call our senators and let them know you expect them to serve our nation over their party, it’s important.

Published in the Seguin Gazette - January 1, 2020

Impeachment How and Why

Now that Special Counsel Robert Mueller has testified before the House Judiciary and Intelligence Committees regarding his team’s investigation of the Donald Trump and his associates it is time to consider what impeachment means and how it works. For the purposes of this discussion I have cited the various paragraphs of the constitution and provided their text including the archaic spelling used at the time.

Article I, Section 2, paragraph 5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

We should think of this duty of the House as similar to that of a grand jury, meaning that House’s job isn’t to determine guilt or innocence but rather to determine if there is enough evidence of impeachable offenses to proceed to trial.

Article I, Section 3, paragraph 6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

If the House finds that there is sufficient evidence of impeachable offenses it is the Senate which must then hold the trial and it requires at least 67 members to vote convict assuming that all 100 Senators are present.

Article I, Section 3, paragraph 7: Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Impeaching the President is specifically limited to removal from office with no other penalties attached. The constitution is also clear that anyone removed from office is subject to criminal trial and attendant penalties, such as imprisonment or fines as appropriate to the charges, if there is evidence of criminal acts just like anyone else.

Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Any federal official including judges but not members of Congress are subject to impeachment and if convicted are removed from office. Treason and bribery are just the crimes spelled out in the constitution but it includes the vague “high crimes and misdemeanors” phrase to give future legislatures the flexibility to impeach for actions not imagined by the authors of the constitution.

If you haven’t read the Mueller report yet you really should, the first section regarding Russian interference in the 2016 election is enlightening though dry. While it doesn’t name Trump or others in his orbit it is part of the evidence of the conspiracy which evidence described later in the report suggests a conspiracy. Note the legal term is conspiracy, not collusion, so no Mueller’s team found no evidence of collusion because they weren’t looking for it, they were looking for conspiracy and found some evidence of it. As Mueller testified last week they also found that Trump and his lackeys withheld documents and testimony that might have provided further evidence for conspiracy.

Withholding those documents and testimony in addition to Trump’s efforts to fire James Comey are all the evidence the House should need that Trump obstructed justice and that is an impeachable offense.

Congressman Vicente Gonzalez hasn’t yet made a public statement on his position regarding impeachment.

Published in the Seguin Gazette - July 1, 2019

Trump - Clinton or Capone?

Last Sunday’s “60 Minutes” episode was its highest rated in a decade. Americans turned in to watch the interview with Trumps alleged former mistress Stephanie Clifford, aka Stormy Daniels. I didn’t watch because I wasn’t interested in his randy behavior as it really is none of my concern.

Bill Clinton suffered through years of investigations attempting to find evidence of misdeeds but it was his libido and attempt to cover up that nearly brought him down. I’ve always wondered what would have happened if Clinton had said “a gentleman doesn’t kiss and tell” or “none of your business”, when being questioned under oath about his liaison with Monica Lewinsky. Or perhaps if he’d said “Yes, we had sex. So what?” It was his lie that allowed the impeachment to go forward. In the end even a dozen Republican senators didn’t believe his falsehood was significant enough to warrant removing him from the presidency though his law license was suspended by the state of Arkansas.

Donald Trump doesn’t seem to have learned anything from Clinton as he continues to deny affairs with Stormy Daniels and Karen McDougal. It’s pretty clear that both women have evidence to support their claims and are likely telling the truth. Given that he’s in office now and isn’t even up for election for another three years it would seem Trump would do well to admit these as well as any others might also come out and clear the air. Instead his continued denials may yet lead to his downfall.

Unfortunately for Trump, his extra-marital affair with Daniels isn’t his big problem, it’s the cover up that may end up his Waterloo. It appears likely that he or at the very least members of his campaign broke campaign finance laws when they paid Daniels $130,000 in hush money. The watchdog group Common Cause which has filed a complaint with the Federal Elections Commission calls it an in kind contribution which is required to be reported on disclosure forms. Allegations of threats and intimidation by his lawyer don’t help his case but aren’t material to the campaign finance case. As in Watergate this is a case of “follow the money”.

I’ll laugh my head off if the Stormy Daniels cover-up turns out to lead to Trump’s impeachment when there seems to be so much more significant material to work with like money laundering for Russian mobsters and oligarchs through his hotels and real estate businesses. Of course, there’s also the possibility he was complicit in the Russian efforts to get him elected such as the theft and publication of the DNC emails. Then there’s the Russian bots unleashed on Twitter, Facebook and other social media that may have been coordinated with his campaign. And we still don’t know enough the possible connections between Carter Page, George Papadopoulos, Paul Manafort, Rick Gates and Russian government operatives to say for sure whether or not there was a conspiracy though there’s plenty of smoke suggesting a good size fire.

Al Capone was never convicted of bootlegging, murder or any of his other violent and noteworthy crimes, instead it was tax evasion that put him in the federal penitentiary. Like Capone before him, I’m betting on Trump getting punished for something other than what most of us would consider his more substantial crimes.

Published in the Seguin Gazette - March 30, 2018