Ken Paxton

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Ken Paxton
Ken Paxton.jpg
51st Attorney General of Texas
Assumed office
January 5, 2015
Governor Rick Perry
Greg Abbott
Preceded by Greg Abbott
Member of the Texas Senate
from the 8th district
In office
January 2013 – January 4, 2015
Preceded by Florence Shapiro
Succeeded by Van Taylor
Member of the Texas House of Representatives
from the 70th district
In office
January 2003 – January 2013
Preceded by David Counts
Succeeded by Scott Sanford
Personal details
Born Warren Kenneth Paxton Jr.
(1962-12-23) December 23, 1962 (age 54)
Minot, North Dakota, U.S.
Political party Republican
Spouse(s) Angela Paxton
Education Baylor University (BA, MBA)
University of Virginia (JD)

Warren Kenneth Paxton Jr.[1] (born December 23, 1962), is an American lawyer and politician who is the Attorney General of Texas since January 2015. Paxton won election to the state's top law enforcement job in November 2014 as a champion of the Tea Party movement and conservative principles.[2]

For two years beginning in January 2013, Paxton was a Republican member of the Texas Senate representing District 8, which includes the central-western portion of Collin County north of Dallas and parts of surrounding cities such as Allen, Frisco, and McKinney. From 2003 to 2013, Paxton represented District 70 in the Texas House of Representatives.

In his capacity as state attorney general, Paxton has sued the federal government regarding immigration executive orders, Department of Labor rulings, and environmental regulations. He has taken legal action against state and local entities regarding First Amendment and Second Amendment rights and property taxes.

In July 2015, following a complaint by investors Joel Hochberg and Byron Cook, a Republican member of the Texas House of Representatives, Paxton was indicted by a Texas grand jury on felony charges of securities fraud and failing to register properly with the Texas state securities board.[3] Paxton has pleaded not guilty, calling the charges politically motivated.[4][5][6] In April 2016, the U.S. Securities and Exchange Commission (SEC) filed a related federal civil action against Paxton; in March 2017, U.S. District Judge Amos L. Mazzant III dismissed the SEC case "with prejudice," deciding that Paxton did not have "a legal duty to disclose his compensation arrangement with investors."[7]

Background[edit]

Paxton was born with complications from his mother's pregnancy in Minot, North Dakota. The placenta rushed ahead of him to the birth canal, and his mother had to wait more than an hour for a surgeon to deliver him. The senior Paxton was in the United States Air Force, and the couple and their three children lived in a trailer, often without air conditioning, parked outside air bases or on the beach wherever the father was stationed. At various times, they lived in Florida, New York, North Carolina, California, and Oklahoma. As a youth, he wanted to play football, but his father would not let him play for fear of injury. A lifelong football fan, Paxton carried a jersey autographed by Bill Bates, formerly of the Dallas Cowboys. Bates was not the most talented player but was known for his perseverance. Bates later was named Paxton's campaign treasurer.[8]

At the age of twelve, Paxton nearly lost an eye in a game of hide-and-seek; a misdiagnosis led to long-term problems with his vision. As a result, his good eye is green; his damaged one, brown and droopy. He was again seriously injured while he was a student at Baylor University in Waco, Texas. An elbow to his face in a game of basketball shattered the bones around his already damaged right eye.[8] At Baylor, he majored in psychology and was a member of the Baylor University Chamber of Commerce. In 1985, he was elected Student Body President of the Baylor Student Government Association.[9]

Paxton received a psychology degree in 1985 and continued his education at Baylor's Hankamer School of Business, earning a Master of Business Administration in 1986. Paxton then worked for two years as a management consultant before returning to school in 1988. He enrolled at University of Virginia School of Law in Charlottesville, Virginia, and in 1991 earned his Juris Doctor degree.

Paxton then joined the firm of Strasburger & Price, L.L.P, where he worked from 1991 to 1995. He then went to work for J.C. Penney Company, Inc., as in-house legal counsel. In 2002, he left J.C. Penney to start his own firm specializing in estate planning, probate, real estate and general business matters and to run for office in Texas House District 70.

A resident of McKinney, Texas, Paxton serves or has served on numerous local organizations and councils. He is a member of the Chamber of Commerce in Allen, Frisco, and McKinney. He is a director of the Centennial Medical Center. He is a member and former director of the Collin County Bar Association, a member of the Dallas Estate Planning Council, director at Marketplace Ministries, and a member of Rotary International in McKinney. Paxton is a charter member of the nondenominational Stonebriar Community Church in Frisco, founded in 1998 by senior pastor Chuck Swindoll.[10]

Texas House of Representatives[edit]

Elections[edit]

2002[edit]

On March 12, 2002, Paxton ran for his first nomination in the Republican primary for the Texas House in District 70 against five opponents. He captured 39.45% of the vote and moved into a runoff with Bill Vitz, whom he then defeated with 64% of the vote. He went on to face Fred Lusk (D) and Robert Worthington (L) for the newly redistricted open seat. On November 4, 2002, Paxton secured his first win with 28,012 votes to Lusk's 7,074 votes and Worthington's 600 votes.[11]

2004[edit]

On November 4, 2004, Paxton faced a challenge from Democrat Martin Woodward after running unopposed for the Republican nomination. Paxton captured 76% of the vote, or 58,520 votes compared to 18,451 votes for Woodward.[12]

2006[edit]

On November 4, 2006, Paxton won his third term in the Texas House of Representatives, defeating Rick Koster (D) and Robert Virasin (L). Paxton received 30,062 votes to Koster's 12,265 votes and Virasin's 1,222 votes.[13]

2008[edit]

On November 4, 2008, Paxton won House re-election by again defeating Robert Virasin (L), 73,450 to 11,751 votes.[14]

2010[edit]

Paxton ran unopposed for re-election in both the Republican primary and the general election in 2010. On November 11, 2010, entering his last term as a state representative, Paxton announced that he would run for Speaker of the Texas House of Representatives against Joe Straus of District 121 in Bexar County and fellow Republican Warren Chisum of District 88 in Pampa, Texas. Paxton said:

On Election Day [2010], we witnessed a monumental shift in the political climate, and I believe that historic opportunities demand bold action in defense of our conservative values. Voters across Texas sent a clear message that they favor leadership dedicated to protecting our freedoms and fighting government growth. Texans have provided us with an historic mandate, and they expect us to use this mandate to honestly advance conservative principles and not simply protect the status quo. These goals can only be accomplished with a conservative Speaker.[15]

Sensing certain defeat, Paxton pulled out of the Speaker's race before the vote.[8]

Straus was elected to his second term as Speaker and was re-elected in 2013, 2015, and 2017.

Tenure[edit]

Political action committees[edit]

Paxton was one of six Texas House candidates endorsed by HuckPAC, the official political action committee of Mike Huckabee.[16]

Paxton received endorsements and "A" ratings from the National Rifle Association[17] and its state affiliate, the Texas State Rifle Association.[18]

Past committee assignments[edit]

  • Land & Resource Management Committee, Texas House
  • Ways & Means Committee, Texas House
  • Fiscal Stability, Texas House

Texas State Senate[edit]

Paxton was elected to the Texas State Senate in 2012, and served for two years, until January 2015, when his term as Attorney General began.

Attorney General of Texas[edit]

2014 election[edit]

Paxton's 2013 campaign announcement

Paxton became a candidate for Texas attorney general when the incumbent Greg Abbott decided to run for governor to succeed the retiring Rick Perry.[19]

Paxton led a three-candidate field in the Republican primary held on March 4, 2014, polling 566,114 votes (44.4%). State Representative Dan Branch of Dallas County received 426,595 votes (33.5 percent). Eliminated in the primary was Texas Railroad Commissioner Barry Smitherman of Austin, who polled the remaining 281,064 (22.1 percent).

Paxton faced Dan Branch in the runoff election on May 27, 2014, and won with 465,395 votes (63.63 percent). Branch received 265,963 votes (36.36 percent).[20][21]

In the November 4 general election, Paxton defeated a Democratic attorney from Houston named Sam Houston.[22]

Paxton took office on January 5, 2015.[23] Paxton's campaign raised $945,000 in the first half of 2016, leaving Paxton with just under $3 million in his campaign account for a potential 2018 re-election bid.[24]

Paxton's wife, Angela, his closest political advisor, often opens up his events with a musical performance. She calls her husband "a very competitive person".[8]

Paxton won the attorney general's election without the endorsement of a single Texas newspaper. He generally avoids reporters, most of whom he considers biased against him.[8]

Tenure[edit]

Immigration[edit]

Obama executive orders[edit]

Paxton led a coalition of 26 states challenging President Barack Obama's Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) executive action. According to The New York Times, Obama's executive actions "would protect millions of illegal immigrants from deportation and allow them to work indefinitely in the country legally."[25] Paxton argued that the president should not be allowed to "unilaterally rewrite congressional laws and circumvent the people's representatives."[25] The Supreme Court heard the case, United States v. Texas, and issued a split 4-4 ruling in the case in June 2016. Because of the split ruling, a 2015 lower-court ruling invalidating Obama's plan was left in place.[26] Undeterred, in July 2017, Paxton led a group of Republican Attorneys General from nine other states and Idaho Governor Butch Otter in threatening the Donald J. Trump administration that they would litigate if the president did not terminate the Deferred Action for Childhood Arrivals policy that had been put into place by president Barack Obama. Tennessee Attorney General Herbert H. Slatery III subsequently reversed his position and withdrew his participation from the proposed suit on August 31st. Slatery went further to urge passage of the DREAM Act.[27][28] The other Attorneys General who joined in making the threats to Trump included Steve Marshall of Alabama, Leslie Rutledge of Arkansas, Lawrence G. Wasden of Idaho, Derek Schmidt of Kansas, Jeff Landry of Louisiana, Doug Peterson of Nebraska, Alan Wilson of South Carolina, and Patrick Morrisey of West Virginia.[29]

Trump executive orders[edit]

In 2017, Paxton voiced support for the application of eminent domain to obtain right-of-way along the Rio Grande in Texas for construction of the border wall advocated by President Donald Trump as a means to curtail illegal immigration. Paxton said that private landowners must receive a fair price when property is taken for the pending construction. He said that the wall serves "a public purpose providing safety to people not only along the border, but to the entire nation. ... I want people to be treated fairly, so they shouldn’t just have their land taken from them," but there must be just compensation.[30]

In 2017, Paxton joined thirteen other state attorneys general in filing a friend-of-the-court briefs in defense of both Trump's first and second executive orders on travel and immigration. In filings in the U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court, Paxton argued that the order—which places a 90-day ban on the issuance of visas to traveled from six designated majority-Muslim countries, imposes a 120-day halt on the admission of refugees to the U.S., and caps annual refugee admissions to 50,000 people—is constitutionally and legally valid.[31][32]

In May 2017, Paxton filed a preemptive lawsuit designed to ascertain the constitutionality of the new Texas ban on sanctuary cities, known as SB 4, signed into law by Governor Greg Abbott. The suit asks the United States District Court for the Western District of Texas to clarify whether the law is at odds with the Fourth and Fourteenth constitutional amendments or is not in conflict with some other federal law. Paxton said that the measure "is constitutional, lawful and a vital step in securing our borders. It guarantees cooperation among federal, state and local law enforcement to protect Texans. Unfortunately, some municipalities and law enforcement agencies are unwilling to cooperate with the federal government and claim that SB 4 is unconstitutional." Among those opposed to the measure are the police chiefs and sheriffs of some of the largest jurisdictions in Texas. Critics call the ban legalization of discrimination against minorities, and suits against the legislation are expected to be filed.[33]

Challenge to the Clean Power Plan[edit]

Paxton has mounted a legal challenge to the Clean Power Plan, which is President Obama’s "state-by-state effort to fight climate change by shifting away from coal power to cleaner-burning natural gas and renewable resources."[34] Paxton says the Environmental Protection Agency is trying to "force Texas to change how we regulate energy production" through an "unprecedented expansion of federal authority."[34] The Clean Power Plan would require Texas to cut an annual average of 51 million tons of emissions, down 21 percent from 2012 levels. Paxton says the required reductions would cost the state jobs, push electricity costs too high, and threaten reliability on the electrical grid. Paxton says there is no evidence that the plan will mitigate climate change,[35] and that the EPA lacks the statutory authority to write the state's policies.[36]

Challenge to Department of Labor overtime rule[edit]

Paxton is suing the Obama administration over a new rule by the United States Department of Labor which would make five million additional workers eligible for overtime pay. The new rule would mean workers earning up to an annual salary of $47,500 would become eligible for overtime pay when working more than 40 hours per week.[37] Paxton has said the new regulations "may lead to disastrous consequences for our economy." Along with Texas, twenty other states have joined the lawsuit.[38]

LGBT issues[edit]

In June 2015, after the issuance of the Obergefell v. Hodges decision, in which the Supreme Court ruled that same-sex couples have a constitutional right to marry, Paxton issued a statement offering moral support for clerks with religious objections to issuing marriage licenses to same-sex couples. His statement said in part that "numerous lawyers stand ready to assist clerks defending their religious beliefs, in many cases on a pro-bono basis, and I will do everything I can from this office to be a public voice for those standing in defense of their rights."[39]

in 2016, Paxton led a coalition of thirteen states that sought an injunction to block a guidance letter issued by the U.S. Department of Education the and U.S. Department of Justice that interpreted Title IX to require public schools to allow transgender students to use restrooms that accorded with their gender identity.[40][41] Paxton wrote in court filings that the Obama administration had "conspired to turn workplaces and educational settings across the country into laboratories for a massive social experiment"[40] and termed the directive a "gun to the head" that threatens the independence of school districts.[42] The states dropped the suit after the directive was revoked by President Donald Trump.[43]

Challenge to Department of Labor's "Persuader Rule"[edit]

Paxton is involved in a legal challenge to a rule by the Department of Labor which forces employers to report any "actions, conduct or communications" undertaken to "affect an employee's decisions regarding his or her representation or collective bargaining rights."[44] Known as the "Persuader Rule," the new regulation went into effect in April 2016. Opponents of the rule say it will prevent employers from speaking on labor issues or seeking legal counsel. In June 2016, a federal judge granted a preliminary injunction against the rule. Paxton called the injunction "a victory for the preservation of the sanctity of attorney-client confidentiality."[45]

ExxonMobil litigation[edit]

In 2016, Paxton was one of 11 Republican state attorneys general who sided with ExxonMobil in the company's suit to block a climate change probe by the Commonwealth of Massachusetts.[46]

Paxton and the other state AGs filed an amicus curiae brief, contending that Massachusetts Attorney General Maura Healey used her office to "tip the scales on a public policy debate, undermine the first Amendment and abuse the office's subpoena power."[47] Healey had launched a probe of ExxonMobil's historical marketing and sale of fossil fuel products, requiring the company to produce 40 years worth of documents regarding fossil fuel products and securities. Healey said the documents would prove that ExxonMobil "knew about the risks of climate change decades ago and fraudulently concealed that knowledge from the public."[48] The amicus brief supported Exxon Mobil's motion for a preliminary injunction.[47] Paxton questioned Healey’s use of law-enforcement authority regarding the global warming controversy, which he called an "ongoing public policy debate of international importance." Paxton described Healey's attempts to obtain historical company records for a public policy debate as a threat to freedom of speech, stating: "The Constitution was written to protect citizens from government witch-hunts that are nothing more than an attempt to suppress speech on an issue of public importance, just because a government official happens to disagree with that particular viewpoint."[48] The brief portrayed climate change as an issue that was still a matter of scientific debate, although in fact the scientific consensus is that the earth is warming and human activity is primarily responsible.[46]

U.S. Virgin Islands attorney general Claude Walker had also issued a subpoena for Exxon's records. Paxton issued a request to intervene in the case, stating: "What is Exxon Mobil’s transgression? Holding a view about climate change that the Attorney General of the Virgin Islands disagrees with. This is about the criminalization of speech and thought." Walker dropped the subpoena in June 2016.[49]

Volkswagen, Apple, and MoneyGram lawsuits[edit]

In 2012, Paxton was part of a lawsuit against Apple, charging the company with violating antitrust laws by conspiring with publishers to artificially raise the prices of electronic books.[50] Apple was ordered to pay $400 million to U.S. consumers who paid artificially-inflated prices for e-books, and $20 million to the states in reimbursement for legal costs.[51]

In June 2016, it was announced that Volkswagen would pay the state of Texas $50 million in relation to the Volkswagen emissions scandal. Paxton had sued the company in 2015 in connection with the automaker’s admitted use of software that allowed its vehicles to circumvent emissions limits.[52]

Paxton is part of a 21-state lawsuit against the state of Delaware. The lawsuit alleges that MoneyGram gave uncashed checks to the state of Delaware instead of the state where the money order or travelers check was bought. The case has gone directly to the U.S. Supreme Court because it is a dispute among states.[53] Paxton said an audit showed that Delaware owed other states $150 million, and that Delaware unlawfully took possession of uncashed checks instead of sending the checks back to the states where the money orders were purchased.[54] The state of Delaware disputes these claims.[54]

Lawsuit over homestead tax exemptions[edit]

In 2015, the Texas State Legislature passed a law implementing property tax reductions by increasing the homestead exemption to $25,000 and prohibiting localities from reducing or repealing any local option homestead exemption already on the books. After this law was passed, 21 school districts reduced or eliminated their local optional homestead exemptions. In 2016, Paxton intervened in a lawsuit challenging the practice of school districts reducing or repealing their local optional homestead exemptions.[55]

Second Amendment lawsuits[edit]

In 2016, three University of Texas at Austin professors sued in an effort to ban concealed handguns from campus. The state's campus carry law allows law-abiding citizens to carry concealed weapons. The lawsuit brought by the professors seeks to block the law. Paxton called the lawsuit "frivolous" and said it should be dismissed.[56][57]

In 2016, Paxton sued the city of Austin to allow license holders to openly carry handguns in city hall.[58]

Voter fraud[edit]

Paxton has "crusaded against voter fraud" as state attorney general;[59] there is no evidence of widespread voter fraud in Texas, although the state's "efforts to enact and enforce the strictest voter ID law in the nation were so plagued by delays, revisions, court interventions and inadequate education that the casting of ballots in the 2016 election was inevitably troubled."[60] Paxton's office is seeking 2016 Texas voting records in an effort to find voter fraud, such as potential voting by non-citizens or in the name of the deceased. This includes individual voting history and application materials for voter registrations. Officials in Bexar County say there have been no major cases of voter fraud in San Antonio.[61] However, the Associated Press reported that the top election official in Bexar County estimates that nearly six hundred affidavits submitted by voters there who declined to present identification should have been declined. Instead, the official said such voters should have been required to cast provisional ballots. AP projected that the overall number who cast improper affidavits as 13,500 in the largest Texas counties.[62] Fort Bend County's top elections official said that these cases are not voter fraud, noting that only those who were registered to vote qualified for an affidavit, and that "poll workers were trained to 'err on the side of letting people use the affidavit instead of denying them the chance to vote.'"[62]

The San Antonio Express-News criticized the state's voter identification law, which Paxton seeks to have reinstated after it was struck down by United States District Judge Nelva Gonzales Ramos of Corpus Christ, who found the measure to be a violation of the Voting Rights Act, and found that it was passed with the intent to discriminate against black and Hispanic voters. Paxton's office appealed the decision.[63] Appeals continue in the case.[64]

In March 2017, Paxton told The Washington Times that he is convinced that voter fraud exists in Texas: "I know it’s an issue because I deal with it. We just got a conviction on an illegal that voted in an election." Paxton said that local election officials in Texas are not on the lookout for detecting fraud: "They're complicit in allowing it to happen. I guarantee it is happening - whatever people say."[65] Experts stated that there is no reliable evidence of widespread voter fraud in the United States,[65] and a Texas study of elections over a decade determined that there were about three cases of fraud for every one million votes in the state.[66]

Religion in schools[edit]

Paxton "has often criticized what he calls anti-Christian discrimination in Texas schools."[67] In 2015, Paxton opposed an atheist group's legal action seeking a halt to the reading of religious prayers before school board meetings.[67] In December 2016, Paxton gained attention after intervening in a dispute in Killeen, Texas, in which a middle school principal told a nurse's aide to take down a six-foot poster in the school containing a quote from Christian scripture. Paxton sided with the aide, who won in court.[67]

In early 2017 Paxton objected to a Texas school's use of an empty classroom to allow its Muslim students to pray, issuing a press release that claimed that "the high school's prayer room is ... apparently excluding students of other faiths." School officials said that Paxton had never asked them about this assertion, and that the room was a spare room used by faculty and non-Muslim students as well as for multiple activities, from grading papers to Buddhist meditation. The Frisco Independent School District superintendent, in a letter sent in response to Paxton, called his press release "a publicity stunt by the [Office of Attorney General] to politicize a nonissue."[67][68][69]

Congressional districts[edit]

Paxton has defended the State of Texas in a federal lawsuit involving the drawing of Texas's congressional districts. In 2017, a three-judge panel of a U.S. federal court based in San Antonio ruled that the Republican-controlled Texas Legislature drew congressional-district to discriminate against minority voters, and ordered the redrawing of Texas's 35th and 27th congressional districts. Paxton is appealing the ruling, contending that the previous maps were lawful, and vowed to "aggressively defend the maps on all fronts"; U.S. Representative Lloyd Doggett criticized the appeal as a "desperate, highly questionable Paxton-Abbott maneuver" coming "after yet another ruling against the state of Texas for intentional discrimination."[70]

Other issues[edit]

In April 2017, Paxton rendered a legal opinion in a dispute between the Texas House and Senate over how to close a pending revenue gap of $2.5 billion. He argued that a Senate proposal to delay payment of a transportation debt would likely be determined in court to be constitutional. State Senator Jane Nelson of Flower Mound asked for Paxton's opinion. The House, however, was unmoved. House Appropriations Committee chairman John Zerwas of Richmond said that there must be other ways to finance the budget without "spending money twice from state highway funds." Speaker Joe Straus of San Antonio compared the Senate proposal to accounting tricks like those of the defunct Enron Corporation of Houston.[71]

Securities litigation[edit]

State securities-fraud charges[edit]

On July 31, 2015, a state grand jury indicted Paxton on three criminal charges:[72] two counts of securities fraud (a first-degree felony) and one count of failing to register with state securities regulators (a third-degree felony).[6][73] Paxton's indictment marked the first such criminal prosecution of a Texas Attorney General in 32 years since Texas Attorney General Jim Mattox was indicted for bribery in 1983.[3] The complainants in the case are investors Joel Hochberg and Byron Cook, a Republican member of the Texas House of Representatives. Paxton and Cook, former friends and roommates while serving together in the Texas House, became political adversaries as Paxton staked out a conservative political position while Cook is moderate. While in the Texas House, Cook and Paxton were involved in a variety of investment deals together. The complaint regarding Servergy was filed four years after the business deal was made.[74][75] Three special prosecutors are leading the state's case.[76]

On August 3, 2015, following the unsealing of the grand jury indictment,[72] Paxton was arrested and booked.[77] He pleaded not guilty, and has portrayed "the case against him as a political witch-hunt."[78]

Prosecutors allege that Paxton, while he was a state legislator, advised investors to fund financial firm Mowery Capital Management and technology firm Servergy without disclosing that he was being paid by the companies.[79] Paxton allegedly raised $840,000 from investors in Servergy without conducting due diligence regarding the company's false claims that its computer servers were highly energy efficient or that it had already made bulk sales.[79] Paxton allegedly solicited these investments from his legal clients, legislative colleagues, and friends, with funding from Paxton and Cook’s investment club making up 25% of all investment Servergy received in 2011.[80] Paxton says he did not receive compensation, and that the 100,000 shares of the company that he received from Servergy's founder were a gift.[5][79]

Paxton unsuccessfully sought to quash the indictments.[81] This challenge was rejected by the trial judge, the Texas Court of Appeals, and the Texas Court of Criminal Appeals, Texas' criminal court of last resort.[76]

In March 2017, District Judge George Gallagher, a Republican from Fort Worth, granted the prosecution's motion for a change of venue, moving the trial to Houston. Gallagher also denied Paxton's motion to dismiss one of the charges against him because of issues which arose about the grand jury.[82] On May 30, 2017, the Fifth Court of Appeals of Texas agreed with Paxton that the transfer of Paxton's trial to Houston required assignment of the case to a new judge to replace Judge Gallagher and all orders issued by Judge Gallagher after the change of venue were voided.[83] Paxton's new judge is Democrat Robert Johnson of the 177th District Court in Harris County. Johnson was chosen at random to preside.[84]

Paxton's trial is set for December 2017.[85]

Securities and Exchange Commission complaint dismissal with prejudice[edit]

On April 11, 2016, the U.S. Securities and Exchange Commission filed a civil enforcement action against Paxton in the United States District Court for the Eastern District of Texas. The SEC's complaint specifically charged Paxton with violating various provisions of the Securities Act of 1933 and various provisions (including Rule 10b-5) of the Securities Exchange Act of 1934 by defrauding the Servergy investors.[86] Paxton denied the allegations.[5][87][87][88][89] One of the defendants and Servergy itself reached a separate settlement with the SEC, agreeing to pay $260,000 in penalties.[80]

On October 7, 2016, U.S. District Judge Amos L. Mazzant III conditionally dismissed the SEC's civil fraud charges, finding the SEC had not alleged Paxton had any legal obligation to inform investors that he was receiving a commission and giving the SEC two weeks to refile with any new allegations.[90] Mazzant said that the SEC was trying to fit a "square peg into a round hole."[91]

On October 22, 2016, the SEC refiled its securities fraud claims against Paxton.[92] The SEC made the additional allegations that Paxton and Cook's investment club required all of its members to accept the same risks on all investments and that it specifically forbade members from making money off investments of other members.[92] The SEC further alleged that Paxton did not properly disclose his Severgy ownership stake on his taxes and that he attempted to conceal the stake by at different times claiming it was his fee for legal services, that it was a gift, and that he had only received it after investing money.[80] Cook later backtracked on these claims, undermining the SEC case against Paxton, when Cook's attorney conceded there was never a "formal investment group" involving Cook and Paxton but rather an "ad hoc arrangement where, from time to time, good friends might invest in the same transaction" with the particular participants varying from transaction to transaction.[93]

On March 2, 2017, Mazzant dismissed the civil securities fraud case against Paxton for a second time on grounds that the attorney general had "no plausible legal duty" to inform investors that he would earn a commission if they purchased stock in a technical company that Paxton represented. With the second dismissal of the case with prejudice, the SEC cannot bring new action on the same claim against Paxton.[94] The dismissal of the SEC case does not have a direct impact on the state criminal case, which remains pending.[95][90]

Electoral history[edit]

Texas House of Representatives 70th District Republican Primary Election, 2002
Party Candidate Votes %
Republican Ken Paxton 2,168 39.45
Republican Bill Vitz 1,171 21.31
Republican Matt Matthews 1,100 20.02
Republican Robert Rankins 954 17.36
Republican Harry Pierce 102 1.86
Texas House of Representatives 70th District Republican Primary Runoff Election, 2002
Party Candidate Votes %
Republican Ken Paxton 2,775 63.33
Republican Bill Vitz 1,607 36.67
Texas House of Representatives 70th District Election, 2002
Party Candidate Votes %
Republican Ken Paxton 28,012 78.50
Democratic Fred Lusk 7,074 19.82
Libertarian Robert Worthington 600 1.68
Texas House of Representatives 70th District Election, 2004
Party Candidate Votes %
Republican Ken Paxton (inc.) 58,250 76.03
Democratic Martin Woodward 18,451 23.97
Texas House of Representatives 70th District Election, 2006
Party Candidate Votes %
Republican Ken Paxton (inc.) 30,062 69.03
Democratic Rick Koster 12,265 28.16
Libertarian Robert Virasin 1,222 2.81
Texas House of Representatives 70th District Election, 2008
Party Candidate Votes %
Republican Ken Paxton (inc.) 73,450 86.21
Libertarian Robert Virasin 11,751 13.79
Texas House of Representatives 70th District Election, 2010
Party Candidate Votes %
Republican Ken Paxton (inc.) 43,006 100.00
Texas Senate 8th District Election, 2012
Party Candidate Votes %
Republican Ken Paxton 178,238 62.29
Democratic Jack Ternan, Jr. 99,010 34.60
Libertarian Ed Kless 8,899 3.11
Texas Attorney General Republican Primary Election, 2014
Party Candidate Votes %
Republican Ken Paxton 569,034 44.45
Republican Dan Branch 428,325 33.46
Republican Barry Smitherman 282,701 22.08
Texas Attorney General Republican Primary Runoff Election, 2014
Party Candidate Votes %
Republican Ken Paxton 466,407 63.41
Republican Dan Branch 269,098 36.59
Texas Attorney General Election, 2014
Party Candidate Votes %
Republican Ken Paxton 2,743,473 58.82
Democratic Sam Houston 1,773,250 38.02
Libertarian Jamie Balagia 118,197 2.53
Green Jamar Osborne 29,591 0.63

References[edit]

  1. ^ "Mr. Warren Kenneth Paxton Jr.". State Bar of Texas. Retrieved 9 July 2016. 
  2. ^ Weber, Paul J. (2015-08-04). "Indicted Texas attorney general rode tea party to power". Associated Press. Retrieved 2015-11-04. 
  3. ^ a b "Grand Jury Indicts Texas Attorney General, Ken Paxton, on Felony Charges". The New York Times. August 1, 2015. 
  4. ^ McGaughy, Lauren (May 12, 2016). "Ken Paxton appears in appeals court to fight indictments". Dallas Morning News. Retrieved 8 July 2016. 
  5. ^ a b c Soloman, Dan (April 12, 2016). "Ken Paxton’s Legal Battles, Explained". Texas Monthly. Retrieved 8 July 2016. 
  6. ^ a b Lindell, Chuck (April 12, 2017). "Ken Paxton trial to begin in September, judge says". Austin American Statesman. Retrieved 13 April 2017. 
  7. ^ Svitek, Patrick (March 2, 2017). "Judge again dismisses SEC case against Texas Attorney General Ken Paxton". The Texas Tribune. Retrieved 14 March 2017. 
  8. ^ a b c d e Andrea Zelinski, "Paxton's career, life marked by beating barriers", San Antonio Express-News, December 24, 2016, pp, 1, A8, accessdate=December 27, 2016
  9. ^ McGaughy, Lauren (October 11, 2014). "Ken Paxton waging shadow campaign for attorney general seat". San Antonio Express-News. Retrieved 9 July 2016. 
  10. ^ "Project Vote Smart – Representative Ken Paxton, Jr. – Biography". Votesmart.org. Retrieved 2010-11-20. 
  11. ^ "Texas House official election results for 2002 and Republican Primary Election 2002". Elections.sos.state.tx.us. Archived from the original on 2014-01-09. Retrieved 2010-11-20. 
  12. ^ "Texas House official election results for 2004". Elections.sos.state.tx.us. Archived from the original on 2014-01-09. Retrieved 2010-11-20. 
  13. ^ "Texas House official election results for 2006". Elections.sos.state.tx.us. Archived from the original on 2014-01-09. Retrieved 2010-11-20. 
  14. ^ "Texas House official election results for 2008". Elections.sos.state.tx.us. Archived from the original on 2014-01-09. Retrieved 2010-11-20. 
  15. ^ "Rep. Ken Paxton announces bid for Texas House Speaker". The Ellis County Press. Retrieved 2010-11-20. 
  16. ^ "Huck Pac – Candidates". huckpac.com. Retrieved 2010-11-20. 
  17. ^ "National Rifle Association – Political Victory Fund, Texas". nrapvf.com. Retrieved 2010-11-20. 
  18. ^ "TSRA PAC – Voters Guide" (PDF). tcrapac.com. Retrieved 2010-11-20. 
  19. ^ "Republican primary election returns, March 4, 2014". team1.sos.state.tx.us. Archived from the original on March 7, 2014. Retrieved March 6, 2014. 
  20. ^ "Texas – Summary Vote Results". Associated Press. May 28, 2014. Retrieved March 3, 2015. 
  21. ^ Grissom, Brandi. Tea Party Conservatives Win Top GOP Runoff Contests, Texas Tribune, May 28, 2014. Retrieved March 3, 2015.
  22. ^ Philip Balli, "Two vie for state AG post", Laredo Morning Times, October 16, 2014, p. 3A
  23. ^ Blanchard, Bobby (January 5, 2015). "Top Texas Officials on Hand as Paxton is Sworn In". Texas Tribune. Austin, Texas. Retrieved January 6, 2015. 
  24. ^ Lindell, Chuck (July 15, 2016). "Ken Paxton campaign takes in almost $945,000". Austin-American Statesman. Retrieved 25 July 2016. 
  25. ^ a b Liptak, Adam; Shear, Michael (January 19, 2016). "Supreme Court to Hear Challenge to Obama Immigration Actions". The New York Times. Retrieved 10 October 2016. 
  26. ^ Hurley, Lawrence (June 24, 2016). "Split Supreme Court blocks Obama immigration plan". Reuters. Retrieved 10 October 2016. .
  27. ^ Tennessee’s attorney general: I’ve changed my mind, DACA is good, pass the DREAM Act, Vox.com, Dara Linddara, September 1, 2017. Retrieved September 2, 2017.
  28. ^ Texas leads 10 states in urging Trump to end Obama-era immigration program, Texas Tribune, Julián Aguilar, June 29, 2017. Retrieved September 2, 2017.
  29. ^ SPLC denounces letter from 10 Attorneys General seeking "cruel and heartless" repeal of DACA, Southern Poverty Law Center, June 30, 2017. Retrieved September 2, 2017.
  30. ^ Leif Reigstad, Paxton Says Eminent Domain is Okay to Build Trump's Border Wall, Texas Monthly, March 28, 2017.
  31. ^ James Barragán (March 27, 2017). "Texas AG Paxton leads 13-state coalition backing Trump's revised immigration orders". Dallas News. 
  32. ^ Chuck Lindell (June 6, 2017). "Ken Paxton asks Supreme Court to uphold Trump travel ban". Austin American-Statesman. 
  33. ^ "Ken Paxton files preeminent lawsuit to protect sanctuary cities ban". Texas Monthly. May 9, 2017. Retrieved May 11, 2017. 
  34. ^ a b Malewitz, Jim (September 26, 2016). "Paxton Blasts Clean Power Plan Ahead of High-Profile Legal Arguments". The Texas Tribune. Retrieved 10 October 2016. 
  35. ^ Sadasivam, Naveena (September 26, 2016). "Paxton: ‘No Evidence’ Obama’s Clean Power Plan Will Mitigate Climate Change". Texas Observer. Retrieved 10 October 2016. 
  36. ^ Mayberry, Ed (October 3, 2016). "Appeals Court To Consider EPA’s Plan To Limit Coal-fired Power Plant Emissions". Houston Public Media. Retrieved 10 October 2016. 
  37. ^ Young, Stephen (September 21, 2016). "State of Texas Sues to Stop New Federal Overtime Rules". Dallas Observer. Retrieved 10 October 2016. 
  38. ^ Svitek, Patrick (September 20, 2016). "Texas Sues Obama Administration Over New Overtime Rule". The Texas Tribune. Retrieved 10 October 2016. 
  39. ^ Garrett, Robert T. (June 28, 2015). "Texas AG Ken Paxton lends moral support to clerks who refuse gay marriages". The Dallas Morning News. 
  40. ^ a b John Wright, Paxton's Transgender Bathroom Lawsuit Goes to Court Friday, Texas Observer (August 9, 2016).
  41. ^ Richardson, Bradford (July 7, 2016). "Texas AG leads fight against Obama’s bathroom order". Washington Times. Retrieved 25 July 2016. 
  42. ^ McGaughy, Lauren (July 6, 2016). "Texas AG Ken Paxton wants court to halt Obama edict on transgender bathrooms before school starts". Dallas Morning News. Retrieved 25 July 2016. 
  43. ^ Eleven U.S. states to drop suit over transgender bathroom order, Reuters (March 2, 2017).
  44. ^ Marquez, Denise (May 10, 2016). "Paxton joins challenge against Department of Labor's Persuader Rule". Lubbock Avalanche-Journal. Retrieved 10 October 2016. 
  45. ^ Wheeler, Lydia (June 7, 2016). "Judge temporarily blocks DOL union 'persuader rule'". The Hill. Retrieved 10 October 2016. 
  46. ^ a b Andrea Zelinski, Paxton again sides with Exxon Mobil in climate change probe: 11 attorneys general suing to block probe by Massachusetts, Houston Chronicle (September 9, 2016).
  47. ^ a b Zelinski, Andrea (September 9, 2016). "Paxton accuses Massachusetts AG of climate change 'witch-hunt'". Houston Chronicle. Retrieved 10 October 2016. 
  48. ^ a b Yack, Austin (September 15, 2016). "Texas’s AG Pushes Back on the ‘Green 20’ Coalition’s Anti-ExxonMobil Subpoenas". National Review. Retrieved 10 October 2016. 
  49. ^ Malewitz, Jim (June 27, 2016). "A Closer Look at the Texas Twist in Fight Between Exxon, Virgin Islands". The Texas Tribune. Retrieved 10 October 2016. 
  50. ^ "2nd Circuit Affirms $450 Million Settlement In Apple E-Book Antitrust Suit". Lexis Legal News. February 19, 2016. Retrieved 10 October 2016. 
  51. ^ "Apple to pay millions for its role in scheme to inflate e-book prices". Kingsville Record & Bishop News. March 9, 2016. Retrieved 10 October 2016. 
  52. ^ Collier, Kiah (June 28, 2016). "Texas Gets $50 Million in Massive Volkswagen Settlement". Texas Tribune. Retrieved 10 October 2016. 
  53. ^ "Texas sues Delaware over MoneyGram payments". KVUE. June 9, 2015. Retrieved 10 October 2016. 
  54. ^ a b Livington, Abby (June 9, 2016). "Texas Launches Lawsuit Against Delaware over Unclaimed Checks". The Texas Tribune. Retrieved 10 October 2016. 
  55. ^ Cobler, Nicole; Collier, Kiah (September 15, 2016). "Lawsuit Backed by Ken Paxton Could Spell Trouble for 21 Texas School Districts". The Texas Tribune. Retrieved 10 October 2016. 
  56. ^ Haurwitz, Ralph K.M. (August 2, 2016). "Paxton wants UT professors’ campus carry gun lawsuit tossed". Austin American-Statesman. Retrieved 10 October 2016. 
  57. ^ Pattani, Aneri (August 2, 2016). "Paxton Says "Frivolous" Campus Carry Lawsuit Has No Merit". The Texas Tribune. Retrieved 10 October 2016. 
  58. ^ Silver, Johnathan (July 28, 2016). "Paxton Sues to Get Guns Into Austin City Hall". The Texas Tribune. Retrieved 10 October 2016. 
  59. ^ Michael Wines, Illegal Voting Gets Texas Woman 8 Years in Prison, and Certain Deportation, New York Times (February 10, 2017).
  60. ^ Jessica Huseman, State's failures led to voter ID problems in 2016, ProPublica (May 2, 2017).
  61. ^ Fauzeya Rahman, "State seeks Bexar records tied to possible voter fraud: AG's office cites elections last year," San Antonio Express-News]', February 17, 2017, p, A4
  62. ^ a b David Saleh Rauf (February 19, 2017). "AP Exclusive: Hundreds of Texans may have voted improperly". Associated Press. 
  63. ^ Manny Fernandez, Federal Judge Says Texas Voter ID Law Intentionally Discriminates, New York Times (April 10, 2017).
  64. ^ "R.I.P. voter ID in Texas? Let us hope" (editorial), San Antonio Express-News, February 17, 2017, p, A12
  65. ^ a b Alex Swoyer (March 14, 2017). "Texas attorney general backs up Trump claim of noncitizens voting at polls". The Washington Times. Retrieved March 18, 2017. 
  66. ^ Ross Ramsey, Analysis: Scant Evidence for Abbott's "Rampant" Voter Fraud, Texas Tribune (January 25, 2017).
  67. ^ a b c d Selk, Avi, The Texas AG sued to keep a Bible quote in school. Now he's troubled by Muslim prayers, The Washington Post (March 19, 2017).
  68. ^ Valerie Wigglesworth, Texas AG's concerns over legality of Frisco high school's prayer room called 'publicity stunt' by school district, Dallas Morning News (March 17, 2017).
  69. ^ School refutes Texas AG's concerns over Muslim prayer room, Associated Press (March 17, 2017).
  70. ^ Chuck Lindell, Texas appeals ruling requiring new congressional districts, Austin American-Statesman (August 18, 2017).
  71. ^ Peggy Fikac, "Senate budget move gets OK: AG says payment delay constitutional", San Antonio Express-News, April 22, 2017, p. A3.
  72. ^ a b Herskovitz, Jon; Whitcomb, Dan (August 1, 2015). "Texas attorney general indicted by grand jury on fraud charges: reports". Reuters. 
  73. ^ Weber, Paul J. (August 3, 2015). "Ken Paxton Indicted". Associated Press. Retrieved August 4, 2015. 
  74. ^ McGaughy, Lauren (August 3, 2015). "Attorney General Ken Paxton indicted on felony fraud charges". Houston Chronicle. Retrieved 19 October 2016. 
  75. ^ Lindell, Chuck (July 28, 2016). "Ken Paxton: Is his legal trouble motivated by politics?". Austin American-Statesman. Retrieved 19 October 2016. 
  76. ^ a b McGaughy, Lauren (12 October 2016). "Texas Attorney General Ken Paxton headed for felony fraud trial after high court refuses his last appeal". The Dallas Morning News. Retrieved 23 October 2016. 
  77. ^ "Paxton will plead not guilty, ask for jury trial". Dallas Morning News. Trailblazersblog.dallasnews.com. 2015-08-03. 
  78. ^ Morgan Smith, Paxton Pleads Not Guilty; Lead Lawyer Quits Case, Texas Tribune (August 27, 2015).
  79. ^ a b c Viswanatha, Aruna (11 April 2016). "SEC Charges Texas AG With Fraud in Case Involving Servergy". The Wall Street Journal. Retrieved 9 October 2016. 
  80. ^ a b c McGaughy, Lauren (21 October 2016). "SEC revives federal fraud case against Texas Attorney General Ken Paxton". The Dallas Morning News. Retrieved 23 October 2016. 
  81. ^ McGaughy, Lauren (August 2, 2016). "Texas AG Ken Paxton appeals fraud case again in final attempt to quash felony indictments". Dallas Morning News. Retrieved 25 August 2016. 
  82. ^ Andrea Zelinski, Judge decides to move Paxton’s trial to another county, San Antonio Express-News, March 31, 2017, pp. A3-A4.
  83. ^ Lindell, Chuck (May 30, 2017). "Appeals court backs Ken Paxton bid for new judge". Austin American Statesman. Retrieved 31 May 2017. 
  84. ^ "New Face, Same Case," Texas Monthly, June 14, 2017.
  85. ^ Cindy George and Andrea Zelinski, Texas AG Paxton to stand trial in December, judge rules, Houston Chronicle (July 27, 2017).
  86. ^ SEC: Company Misled Investors About Energy-Efficient Technology, Securities and Exchange Commission (press release) (April 12, 2016).
  87. ^ a b Martha Neil, SEC sues Texas AG Ken Paxton for securities fraud; his lawyer 'vehemently denies' claims, ABA Journal (April 11, 2016).
  88. ^ Chuck Lindell, SEC accuses Texas Attorney General Ken Paxton of fraud, Austin American-Statesman (April 11, 2016).
  89. ^ Lauren McGaughy, Feds charge Texas AG Ken Paxton with fraud, Dallas Morning News (April 11, 2016).
  90. ^ a b Korosec, Tom (7 October 2016). "Texas Attorney General Paxton Gets SEC Fraud Suit Tossed". Bloomberg News. Retrieved 9 October 2016. 
  91. ^ Svitek, Patrick (September 2, 2016). "In Ken Paxton Case, SEC Lawyers Face Skeptical Judge". Texas Tribune. Retrieved 20 October 2016. 
  92. ^ a b Lindell, Chuck (21 October 2016). "SEC revises, refiles fraud complaint against Ken Paxton". Austin American-Statesman. Retrieved 23 October 2016. 
  93. ^ McDonald, Tony. Is Cook Backpedaling to save himself?, Empower Texans, January 22, 2017.
  94. ^ Andrea Zelinski, "Paxton's SEC charge dismissed: No 'legal duty' to disclose commission, San Antonio Express-News, March 3, 2017, p. A3
  95. ^ Lauren McGaughy, Judge tosses civil fraud charges against Attorney General Ken Paxton, Dallas Morning News (March 2, 2017).

External links[edit]

Texas House of Representatives
Preceded by
David Counts
Member of the Texas House of Representatives
from the 70th district

2003–2013
Succeeded by
Scott Sanford
Texas Senate
Preceded by
Florence Shapiro
Member of the Texas Senate
from the 8th district

2013–2015
Succeeded by
Van Taylor
Legal offices
Preceded by
Greg Abbott
Attorney General of Texas
2015–present
Incumbent