Of course the Paxton investigation is dead

I strongly disagree with the use of the word “could” in this story.

Still a crook any way you look

When President Donald Trump appeared in a New York courtroom last spring to face a slew of criminal charges, he was joined by a rotating cadre of lawyers, campaign aides, his family — and Texas Attorney General Ken Paxton.

Paxton had traveled to be with Trump for what he described on social media as a “sham of a trial” and a “travesty of justice.” Trump was facing 34 counts of falsifying records in the case, which focused on hush money paid to porn star Stormy Daniels during the 2016 presidential campaign to keep her from disclosing their sexual relationship.

“It’s just sad that we’re at this place in our country where the left uses the court system not to promote justice, not to enforce the rule of law, but to try to take out political opponents, and that’s exactly what they’re doing to him,” Paxton said on a conservative podcast at the time.

“They’ve done it to me.”

A year earlier, the Republican-led Texas House of Representatives voted to impeach Paxton over allegations, made by senior officials in his office, that he had misused his position to help a political donor. Trump was not physically by Paxton’s side but weighed in repeatedly on social media, calling the process unfair and warning lawmakers that they would have to contend with him if they persisted.

When the Texas Senate in September 2023 acquitted Paxton of the impeachment charges against him, Trump claimed credit. “Yes, it is true that my intervention through TRUTH SOCIAL saved Texas Attorney General Ken Paxton from going down at the hands of Democrats and some Republicans …” Trump posted on the social media platform he founded.

The acquittal, however, did not wholly absolve Paxton of the allegations brought by his former employees. The FBI has been investigating the same accusations since at least November 2020. And come Monday, when Trump is inaugurated for his second term, that investigation will be in the hands of his Department of Justice.

[…]

Justice Department and FBI officials declined to comment on the story and the status of the investigation, but as recently as August, a former attorney general staffer testified before a grand jury about the case, Bloomberg Law reported. Paxton also referenced the FBI’s four-year investigation of him during a speech in late December without mentioning any resolution on the case. The fact that Paxton hasn’t been indicted could signal that investigators don’t have a smoking gun, one political science professor told ProPublica and The Texas Tribune, but a former federal prosecutor said cases can take years and still result in charges being filed.

“As far as I’m aware, this is pretty unprecedented, this level of alliance and association between those two figures,” said Matthew Wilson, a political science professor at Southern Methodist University in Dallas.

[…]

In his speech, Paxton made no mention of the agency’s investigations into Trump, nor did he connect the DOJ to his own case. But a Justice Department that Trump oversees with a heavy-handed approach could benefit the embattled attorney general, several attorneys told ProPublica and the Tribune.

Trump could choose to pardon Paxton before the case is officially concluded. He used pardons during his first presidency, including issuing one to his longtime strategist Steve Bannon and to Charles Kushner, his son-in-law’s father. He’s been vocal about his plans to pardon many of the Jan. 6 rioters on his first day in office.

More concerning, however, is if Trump takes the unusual approach of personally intervening in the federal investigation, something presidents have historically avoided because it is not a political branch of government, said Mike Golden, who directs the Advocacy Program at the University of Texas School of Law.

Any Trump involvement would be more problematic because it would happen behind closed doors, while a pardon is public, Golden said.

“If the president pressures the Department of Justice to drop an investigation, a meritorious investigation against a political ally, that weakens the overall strength of the system of justice in the way a one-off pardon really doesn’t,” Golden said.

Michael McCrum, a former federal prosecutor in Texas who did not work on the Paxton case, said “we’d be fools to think that Mr. Paxton’s relationship with the Trump folks and Mr. Trump personally wouldn’t play some factor in it.”

“I think that the case is going to die on the vine,” McCrum said.

There’s that word “could” again, in the first paragraph of the last quoted section. I’ll use it myself and say I sadly could not agree more with Michael McCrum. Donald Trump’s FBI and Justice Department will kill whatever was left of this investigation with fire. Ken Paxton will never see any accountability, at least not by these means. To think otherwise is to delude yourself.

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