January 1, State AGs Defend Paxton, Deputy in Texas Election Case: Fighting Bar’s Politicization

A group of state attorneys general from across the U.S. recently filed an amicus brief in defense of Texas Attorney General Ken Paxton and his top deputy, First Assistant Attorney General Brent Webster. This case was brought forth by the State Bar of Texas in response to complaints against Webster and Paxton for their decision to file litigation known as Texas v. Pennsylvania with regard to the 2020 election.

The State Bar of Texas’s Commission for Lawyer Discipline attempted to censure Paxton and Webster for taking action over concerns of unconstitutional conduct by states during the 2020 election.

The brief in their defense states, “The real question in this case… is whether courts will permit the politicization of the State Bars and weaponization of disciplinary rules against elected executive officers discharging their constitutional duties … There, moreover, is an appreciable risk that this type of political activism will incentivize bar complaints made for the sole purpose of obstructing the ability of attorneys general and their staff to carry out their constitutional responsibilities. The weaponization of the attorney grievance process impedes the work of the people and frustrates the constitutional structure.”

Attorneys general from 18 states, including Montana, Alabama, Alaska, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia, have joined in filing the brief.

Montana Attorney General Austin Knudsen stated, “The weaponization of the bar complaint process undermines the constitutional authority of elected officials and the will of the voters. I’m glad I could support Attorney General Paxton in this instance as a number of attorneys general, including me, are facing similar attacks from their political adversaries just for doing their jobs.”

Ken Paxton expressed his gratitude to the other attorneys general, saying, “Thank you to my fellow attorneys general for siding with law and order. The State Bar is using a disgraceful tactic: weaponizing politically-motivated lawfare to intimidate elected leaders and their staff from upholding the Constitution when it inconveniences their political agenda. This attempt to punish First Assistant Attorney General Webster and me for standing up for our country, our State, and our citizens will not succeed.”

In May 2022, a disciplinary committee for the State Bar of Texas filed a professional misconduct lawsuit against Paxton over his alleged attempt to “overturn” the 2020 election results in several battleground states. His lawyers responded by saying the bar was “attempting to control the Attorney General’s decision going forward about what types of lawsuits to file, and what kinds of legal theories to pursue” by suing him.

Paxton was acquitted in his impeachment trial on September 18, 2023, after lawmakers attempted to impeach the attorney general for alleged corruption, bribery, obstruction, and more.

In March of this year, Paxton avoided going to trial for felony securities fraud charges by reaching a deal with the prosecution. His lawyer, Dan Cogdell, stated at a press conference, “At the end of the day, it is not a plea bargain, he didn’t plead. There is no admission of guilt, there will never be an admission of guilt because he’s not guilty. But we’re glad to have this behind us.”

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