Lawyers for suspended Attorney General are pushing to disqualify three Democratic state senators as jurors in his upcoming impeachment trial.
Paxton鈥檚 lawyers filed a Friday that asks Lt. Gov. to disqualify Sens. of Dallas, of San Antonio and of San Antonio, arguing they have a proven bias against Paxton.
鈥淟ike numerous courts around the country, the Texas Court of Criminal Appeals has held for almost a century that potential jurors with a bias or prejudice against the accused are disqualified from serving on his jury as a matter of law,鈥� the motion said. 鈥淛urors Jose虂 Menendez, Roland Gutierrez, and Nathan Johnson have such a bias and have proclaimed it loudly, time and again.鈥�
The motion cites a number of critical public statements that the senators have made about Paxton over the years, including some in recent weeks. For example, it points to an MSNBC interview last month in which Gutierrez, who is also a candidate for U.S. Senate next year, said the evidence the House gathered 鈥渃ould not be refuted.鈥�
鈥淣o one who has publicly declared the charges against a defendant irrefutable can even play at impartiality, let alone serve in an impartial manner,鈥� Paxton鈥檚 lawyers argued.
The motion also cites a from Johnson reacting to news that a pro-Paxton political action committee had recently given $3 million to Patrick, who is presiding over the trial. Johnson called the donation 鈥渙bscene.鈥�
The tweet not only proved Johnson鈥檚 bias but also violated a gag order Patrick had issued the day before, according to Paxton鈥檚 lawyers.
The House impeachment managers responded in their own filing later Friday, registering their opposition.
鈥淭he House Managers oppose this Motion and trust that all Senators previously determined to be eligible to vote will follow their constitutional obligation to impartially try Mr. Paxton,鈥� the managers said.
They added they would 鈥渇ully respond鈥� to Paxton鈥檚 motion by the Aug. 15 deadline to do so.
The House voted to impeach Paxton in May, accusing him of a yearslong pattern of misconduct and lawbreaking. Most of the articles center on claims from Paxton鈥檚 former deputies that he abused his position to help a wealthy Austin businessman and campaign donor, Nate Paul.
Paxton is preparing for trial to begin Sept. 5 in the Senate on whether he should be permanently removed from office.
The Senate already disqualified Republican Sen. 鈥� Ken Paxton鈥檚 wife 鈥� from voting in the trial when it approved rules for the proceeding last month. The chamber did so with a rule that said the 鈥渟pouse of a party to the court of impeachment鈥� has a conflict of interest.
鈥淚f Senator Paxton may be required to step aside, Senators that have demonstrated a bias or prejudice against the Attorney General must be required to do so as well,鈥� Paxton鈥檚 lawyers said.
The impartiality of senators has long been a source of debate given that Paxton is a former senator himself, his wife currently serves in the chamber and they have their own relationships with senators. Sen. , R-Mineola, is even referenced in the articles of impeachment as an unwitting 鈥渟traw requestor鈥� for an attorney general鈥檚 office legal opinion that helped Paul. Hughes has not been disqualified.
Angela Paxton鈥檚 disqualification was the subject of a new lawsuit from Houston conservative activist Steve Hotze, a staunch Paxton supporter. Filed in Travis County district court Friday, the lawsuit argues that the trial rules unfairly singled out Angela Paxton because impeachment is an inherently political process, rife with potential conflicts of interest.
鈥淒espite the fact that every senator and the Lieutenant Governor arguably have a conflict 鈥榩ersonal or private鈥� interest in the impeachment proceeding and/or biases for or against General Paxton, Rule 31 targets one individual, Senator Angela Paxton, and the voters who live in Senate District 8,鈥� the lawsuit said.
The lawsuit also challenges the sweeping gag order that Patrick issued Monday, saying it violates free-speech rights.
This article originally appeared in at .