We could have already had charges against Ken Paxton by now

This is frustrating, but if we do get there in the end it’ll be all right.

Still a crook any way you look

Federal prosecutors in Texas had drafted bribery and obstruction charges against state Attorney General Ken Paxton (R) before the US Justice Department took over the case in early 2023, according to a person familiar with the investigation.

Now almost two years later, the probe into Paxton’s alleged bribery and misuse of office has continued, including in a recent deposition of Aaron Reitz, Paxton’s former deputy for legal strategy and now Texas Sen. Ted Cruz’s chief of staff, another source said. Appearing before a grand jury on Aug. 6 in Austin, Reitz answered prosecutors’ questions about Paxton’s termination of whistleblower employees in 2020, a source said.

Reitz’s testimony shows that prosecutors are moving forward in interrogating Paxton aides after a federal appeals court ruled in June that they must testify because they aren’t entitled to attorney-client privilege.

Prosecutors haven’t announced any charges in the almost four-year-old probe.

Before the Justice Department took control last year, San Antonio-based prosecutors led the investigation for more than two years. The prosecutors were awaiting approval from the Justice Department to present the charges to a grand jury when the higher office took over, the source said, adding that the reason for the switch in teams is unclear.

Ashley Hoff, then-US Attorney for the Western District of Texas, declined to comment.

The decision to subpoena Reitz shows prosecutors are interested in allegations that Paxton, a three-term Republican, violated the federal Whistleblower Protection Act in firing employees who made a complaint against him to the FBI.

Reitz helped prepare an internal office report that examined allegations from the fired employees that Paxton engaged in bribery with a friend and concluded Paxton had done nothing wrong, according to an email used as evidence in Paxton’s impeachment trial last year. Reitz is quoted in a report used in the trial saying the aides were fired for “holding the agency hostage,” with poor work habits, not for the FBI complaint.

Reitz didn’t respond to multiple requests for comment, nor did the Justice Department. Cruz declined to comment on Monday, referring questions to a spokesman who did not return requests for comment.

See here, here, here, and here for the latest stories in this long-running saga. If there was news about that Fifth Circuit ruling in June, I either missed it or didn’t get around to noting it. For what it’s worth, I heard some gossip about the federal prosecutors in Texas being ready to bring charges, sometime after the Justice Department took over the case. There were certainly reasons to think this meant the case was going to be buried, but it doesn’t appear that is what happened. Good thing, as this may be the only way we ever get to hold Paxton accountable for anything. That said, it’s all theoretical until indictments are unsealed. Keep hope alive. Thanks to Campos for the catch.

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