Texas Attorney General Ken Paxton is nearing a resolution to the 9-year-old securities fraud charges that have dogged his tenure as the state’s top attorney through a special agreement with prosecutors, the American-Statesman has learned.
Under a draft agreement, prosecutors would dismiss felony charges against Paxton if he successfully completes the terms of the deal, according to three sources familiar with the negotiations.
The sources, with knowledge of the discussions between Paxton’s legal team and prosecutor Brian Wice, a Houston attorney appointed to handle the case, said the terms could include community service, advanced legal education classes and a six-figure restitution, among other possible punishment. Two sources said the restitution could be between $300,000 and $400,000.
Under the conditions, Paxton likely would not have to formally enter a plea but must not violate any law for an extended period. Paxton, a 61-year-old Republican, could have faced up to 99 years in prison if convicted.
Such agreements generally do not require a judge’s approval, underscoring the wide authority that Texas prosecutors have to resolve cases.
The sources could not be named because they are not authorized to speak about the deal.
Contacted Friday, Wice declined to comment.
Paxton attorney Dan Cogdell said in a text message to the Statesman and KVUE-TV that “I’m not going to comment on something that hasn’t happened and may well not happen.”
Particularly in urban Texas counties, felony cases are frequently worked out through similar agreements, sometimes referred to as “conditional dismissals,” “pretrial intervention” or “deferred prosecution agreements” that are outside the traditional path of a case and keep a conviction off a defendant’s record without approval from a judge.
Wice and Cogdell have been working in recent weeks to resolve the charges before an April 15 trial date in Harris County state District Court in Houston. This week, Wice announced that a final pretrial hearing that was set for this past Wednesday had been rescheduled for Tuesday.
It is expected that the attorneys will inform District Judge Andrea Beall of the agreement and the resolution to the case at the Tuesday hearing.
The agreement would allow Paxton to avoid a public airing of facts and evidence against him in the legal saga that has seen fights over the pay of special prosecutors, jurisdiction and other disputes that have prolonged the matter. The resolution of the case also would not affect Paxton’s law license.
It is unclear what prompted both sides to attempt to resolve the case at this stage.
I can’t say that I’m happy about this. After all this time, after all these delays, and after showing himself to be such a giant contemptible piece of shit, Ken Paxton deserves no mercy. I will admit that for a non-Paxton defendant, a resolution like this would be unremarkable. But this is Ken effing Paxton, and he has earned every bit of legal trouble that can come his way. I’m going to have to find some peace with this, because it sure sounds like this is a done deal, but it will take me awhile to get there.
At least there’s this:
However, the finale of Paxton’s securities fraud case does not conclude all his legal troubles. A federal probe that began in 2020 – based on whistleblower complaints that Paxton had abused his authority and curried favor in a mutually beneficial relationship with former Austin real estate developer Nate Paul – is ongoing after a grand jury was impaneled in San Antonio last summer.
Additionally, a dispute with four former agency employees turned whistleblowers — who were involved in bringing their concerns to the Texas House and forming the basis for the May 27 vote overwhelmingly to impeach Paxton on 20 charges, including bribery and abuse of office — is still being considered in front of the state Supreme Court after the former employees opposed Paxton’s efforts to have a final judgment entered in the wrongful termination lawsuit.
Paxton also faces an active complaint before the state Supreme Court from the Commission for Lawyer Discipline on behalf of the State Bar of Texas based on his effort to propagate concern over the outcome of the 2020 presidential election.
Let’s get that grand jury going, and let’s get that whistleblower case into a courtroom. If I can’t have this, then I will want those even more. I’m going to go stuff my face and do some deep breathing now.
I know what to say, two tier “justice” system.
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