Lt. Gov. Dan Patrick issues discovery order in Paxton impeachment trial

Lt. Gov. Dan Patrick issued a discovery order Wednesday demanding more information to be provided to suspended Attorney General Ken Paxton's lawyers ahead of his upcoming impeachment trial in September.

The discovery order states that the Texas House Board of Managers must provide all law enforcement reports, documents and statements that are relevant to the articles of impeachment to Paxton's lawyers. If they don't comply, it could lead to exclusion of the evidence or contempt of court.

Paxton was immediately suspended from office after the Texas House in an 121-23 vote on May 27 approved 20 articles of impeachment against the attorney general. The House Managers prosecuting the case against Paxton are a group of seven Republicans and five Democratic members.

According to Patrick's order, the managers must share any potential evidence that could clear Paxton as well as reveal any benefits offered to witnesses. Paxton's lawyers should also have access to all physical objects, documents, photographs, records and other evidence that is expected to be introduced at trial, the order states.

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While there is little recent precedent for impeachments in the Legislature — there have only been two, with the last one in 1975 — David Coale, a Dallas-based appellate lawyer, said a discovery order is a common practice in regular court cases.

"Patrick’s order deals with some basic discovery matters," Coale said. "I’m not surprised to see an order like that here as the proceedings get started and I’m glad to see that he issued it promptly."

Patrick's office did not respond to an American-Statesman request for comment Thursday asking why he issued the order.

Many of the articles brought against Paxton address his relationship with Austin real estate developer Nate Paul, a political donor who was recently indicted in federal court on eight counts of mortgage fraud.

Paxton's impeachment trial is set for Sept. 5 in the Texas Senate. If Paxton is convicted on any impeachment article, he will be removed from office for the remainder of his term, which expires in 2026. He could also be permanently banned from serving in any public office in the state.

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Before Patrick issued the order, Paxton's lawyer Tony Buzbee said in a statement Wednesday that the House managers were disregarding "individual rights and due process" by "withholding basic information they are legally required to disclose." Buzbee didn't specify what information the managers are allegedly withholding.

"We have demanded this information to which Attorney General Ken Paxton is entitled," Buzbee said. "In every court in the country this type of information would be freely exchanged by prosecutors, and we have demanded that it be produced. The House has ignored our demands and the Attorney General's constitutional rights."

Rep. Jeff Leach, R-Plano, who is one of the House managers, said in a tweet Wednesday that he was "happy and eager" to comply with Patrick's discovery order. Leach said the information referenced in the order had already been offered by the House managers and would’ve been quickly disclosed.

"I am confident all House Managers agree," Leach wrote. "And I’m also hopeful Attorney General Paxton will, without delay, be forthcoming with evidence required to be produced under the Texas Rules of Evidence."

In his statement, Buzbee said it was "imperative" for the Senate to take "immediate action" to force the House managers to follow the law, and he asked Patrick to enter a "strict and comprehensive scheduling order" to set pretrial deadlines to govern the impeachment trial.

"Phelan's Managers are openly mocking the intent of the Texas Senate to have a fair and open proceeding, and are clearly withholding information that would routinely be disclosed," he said. "It is critical the Senate enforce our constitutional guardrails to prevent further institutional damage inflicted by the Texas House."

More: What could Austin real estate developer Nate Paul's federal indictment mean for Ken Paxton?

Paxton's lawyers have requested an Aug. 5 deadline to file pre-trial motions, an Aug. 15 deadline for responses to pre-trial motions and an Aug. 31 deadline to resolve all pretrial motions, along with other specified deadlines. Several of the proposed dates are similar or identical to the deadlines outlined in the trial rules that the Texas Senate has adopted.

Dick DeGuerin and Rusty Hardin, two Houston attorneys who are serving as counsel to the House managers, said in a statement that they had previously offered to provide Paxton's lawyers with all relevant documents if they did the same.

"Paxton's lawyers ignored our efforts to cooperate, instead filing their unauthorized demands and trying to create a spectacle in the media," they said in a statement, according to media reports. "The Lieutenant Governor has ordered us to produce exactly what we intended to produce from the beginning and we are happy to comply."

More: Texas GOP condemns Republicans who voted to impeach Ken Paxton. How much will it matter?

Statesman staff writer Ryan Autullo contributed to this story.

This article originally appeared on Austin American-Statesman: Lt. Gov. Patrick issues discovery order in Paxton impeachment trial