Texas Supreme Court Shields Paxton From Testifying in Whistleblower Lawsuit Amid Corruption Allegations

A Texas Supreme Court ruling has shielded Attorney General Ken Paxton and three of his deputies–Brent Webster, Lesley French, and Michelle Smith–from deposition in a 2020 civil lawsuit filed by four former employees who were fired shortly after reporting Paxton's "inappropriate" relationship with Austin real estate investor Nate Paul to the FBI.

In their lawsuit, the former legal aides–Blake Brickman, Mark Penley, David Maxwell, and Ryan Vassar–accuse Paxton of violating Texas's Whistleblower Act.

The Texas Tribune classified the Supreme Court's ruling as a victory for Paxton and a blow to the whistleblowers, who have long attempted to question the Attorney General under oath, so far without success.

Texas lawyer Tom Nesbitt, who represents one of the whistleblowers, has publicly accused Paxton's office of consciously orchestrating a "delay of justice" to shield the Attorney General and his deputies from answering questions "about their corrupt conduct." Nesbitt criticized the court's ruling, saying it was an endorsement of Paxton's "act of malpractice."

In a statement released to the Tribune, Paxton's office celebrated the ruling and referred to the lawsuit as "politically motivated litigation."

According to the whistleblowers, Paxton used his office to provide confidential information to Paul, which intervened in a lawsuit involving a charity and two companies owned by the real estate investor.

In 2023, Paxton proposed a $3.3 million settlement in the case. However, to obtain the money, Paxton had to get approval from the Texas House, which decided to investigate the allegations of corruption, bribery, and abuse of office.

House investigators revealed that Paul sponsored home renovations at a property owned by Paxton and also employed a woman with whom Paxton was having an extramarital affair.

The investigation's findings led to Paxton's impeachment on corruption and bribery charges related to the whistleblowers' accusations. In September 2023, a high-profile Senate impeachment trial acquitted Paxton of 16 charges and dismissed the remaining four.

Following the impeachment trial, in January 2024, Paxton announced he would no longer contest the lawsuit. The November Supreme Court ruling was influenced by Paxton's decision not to dispute the case, as the justices rendered depositions from Paxton and his deputies unnecessary.

Since the filing of the lawsuit, Paxton has been criticized for extending the case and refusing to sit on the judge's bench to respond to the allegations. Despite the accusations, the Attorney General was re-elected in 2022.

According to the Texas Tribune, the Department of Justice is investigating Paxton, although the status of its investigation is unknown.