Texas Tribune / Bob Daemmrich
Ken Paxton and his high aides maintain a press convention after the Home voted to question him in Might.
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Legal professionals for the Ken Paxton whistleblowers are transferring ahead with their lawsuit in Travis County after one other decide cleared the way in which, asking the Austin-based courtroom to drive the lawyer basic and his high aides to sit down for depositions.
The whistleblower attorneys filed a movement Tuesday to compel the depositions, calling it a final resort after they might not attain an settlement with attorneys for the Workplace of the Lawyer Basic.
“OAG’s effort to withstand these simple depositions is nothing greater than a continuation of OAG’s cynical effort to disclaim Plaintiffs their proper to entry to the justice system,” the whistleblower attorneys wrote.
The whistleblower attorneys particularly need to take depositions from Paxton; Brent Webster, the primary assistant lawyer basic; Lesley French Henneke, chief of employees on the company; and Michelle Smith, Paxton’s longtime political aide. The attorneys proposed a schedule the place Paxton is deposed Dec. 12, Webster on Dec. 14, Henneke on Dec. 18 and Smith on Dec. 20.
A lawyer for Paxton’s workplace didn’t instantly reply to a request for remark.
The whistleblower attorneys filed the movement per week after a district courtroom decide in Burnet County gave the inexperienced mild for the Travis County lawsuit to proceed. Legal professionals for Paxton’s workplace had sued the whistleblowers in close by Burnet County to attempt to cease their lawsuit in Travis County, arguing they had been breaking the phrases of a tentative settlement settlement they struck in February. Whereas the Burnet County decide, Evan Stubbs, first agreed to quickly halt the Travis County case, he sided with the whistleblowers on the Nov. 14 listening to and allowed the case to proceed once more.
The whistleblowers — Blake Brickman, Ryan Vassar, David Maxwell and Mark Penley — sued Paxton in 2020, arguing he improperly fired them after they reported him to the FBI. They alleged he was abusing his workplace to assist a rich buddy and donor, Nate Paul.
The whistleblowers virtually settled with Paxton for $3.3 million in February, however the Texas Home balked at utilizing taxpayer {dollars} for it and determined to research the underlying claims. That led to Paxton’s impeachment within the Home in Might.
The Travis County lawsuit got here again to life in September after the Texas Senate acquitted Paxton in his impeachment trial, which centered on related claims of corruption by former high deputies in his workplace. After the acquittal, the whistleblowers requested the Texas Supreme Courtroom to reinstate the case and it did, sending it again to Travis County for trial.
Shortly after the whistleblowers sought to restart work on the case in Travis County — giving discover they deliberate to take depositions of Paxton and the three aides — Paxton’s workplace filed swimsuit in Burnet County.
Of their newest submitting, the whistleblowers’ attorneys say the Burnet County lawsuit was simply the most recent delay tactic by Paxton’s aspect within the 3-year-old case. The attorneys requested the Travis County courtroom to compel the depositions in order that the whistleblowers “could in the end pursue justice.”
If the whistleblowers’ movement is granted, it will be the primary time Paxton could be required to reply questions below oath associated to the allegations of bribery and corruption made in opposition to him. Paxton didn’t take the stand in his Senate trial in September.
Whereas the Burnet County decide, Stubbs, allowed the Travis County case to restart final week, the newer lawsuit in his courtroom stays pending. Stubbs set a Dec. 14 listening to on a movement by the whistleblowers to alter the venue to Travis County.
With the Travis County case revived, the whistleblowers have additionally requested for the courtroom to assign it to a single decide. Their attorneys made the request in a submitting final week, citing the “uncommon traits” and “high-profile information” concerned.
Paxton’s aspect has not made any latest filings within the Travis County case apart from to submit a duplicate of the tentative settlement settlement. Legal professionals for Paxton’s workplace have been arguing that the case is already successfully resolved and that any additional litigation goes in opposition to that.
The whistleblower attorneys made clear to the Travis County courtroom in a second submitting Tuesday that they strongly disagree. They famous the settlement is dependent upon a variety of issues that also haven’t occurred, together with legislative approval of the $3.3 million.
“This case just isn’t settled,” the submitting stated, “and because the third anniversary of its submitting has not too long ago handed, the time has come to arrange the case for trial.”
This text initially appeared within the Texas Tribune.
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