(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Paxton Impeachment Hearing: Day 2 [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-09-06 After a late start, everyone assembled for prayer. Today, the prayer was given by Donna Campbell, who is unabashedly pro-Paxton. This was followed by the reading of a list of Exhibits that both sides had agreed could be pre-admitted. So, hopefully this will speed things up a little. Buzbee (Paxton’s main defense attorney) withdrew a previous objection based on privilege, saying now that Paxton “has nothing to hide.” Judd Stone (a current employee in the AGs office who is also assisting Paxton—at taxpayer expense) added that they did not want to “burden” the court or the jurors with a complex legal argument. Argument ensued as to what exactly the witnesses would or would not be able to do (seems like they were anticipating more gamesmanship from Paxton). I did not follow the full day of testimony, as there are other things to do as well as practical limits of toleration. I would watch for an hour or so and then do something else. Sometimes I would be doing something else while watching, so apologize if there are gaps or reporting seems choppy. Jeff Mateer (a former attorney employed by the AG who reported Paxton to the FBI) resumed testimony. Rusty Hardin (Attorney for the House Managers) began by stating that this is the “first time in three years” that Mateer has been able to tell “his side of the story,” and asked him about his frustrations. Hardin established that Mateer had been under advisement by law enforcement authorities to not talk about the matters he had come to them with. So he could not respond to the vilification Paxton had been spreading about him and other former AG employees. Most of the Senate chamber was empty at this time, so I presumed that the Senators were following the proceedings remotely. Angela Paxton (who is the only Senator without a vote) sat in her same aggressively strategic position, apparently to “confront” the witness. Today, she had on a softer blue and white check. Paxton himself was not present—nor is he required to be once the plea portion had been completed. The testimony segued to conversations Mateer had with Paxton, warning about his relationship with Nate Paul and dealings with the Mitte foundation. Mateer testified that there had been “allegations in the past” of favors done for campaign donors. Lots of hearsay and other objections from Buzbee made it hard to follow. Another subject was the hiring of Brandon Cammack. Mateer described a high pressure “agitated” phone call with Paxton. Mateer was asked why he would not sign the contract? “I’m a rule of law guy.” Mateer described being surprised when he found out about Cammack’s grand jury subpoenas. Mateer had been leading a Zoom call with AG offices from other states and they were discussing opioids when he was interrupted with the news. In late September 2020, the other deputies at the AGs office met, and this was first time they shared information about multiple disturbing events involving Nate Paul. Mateer knew about Paxton’s extramarital relationship sometime around 2016. It was before Paxton’s re-election in 2018. Paxton had admitted to the affair in the presence of AG staff and his wife, Angela, and asked for forgiveness. The reaction at that time was one of sympathy. There was a very long break in the middle of the day. Apparently, the attorneys were hashing out more particulars with Patrick. To Patrick’s credit, his rulings have all seemed to be fair and level-headed. I have never been a fan of Patrick, but during this trial have sympathized with his having to deal with squabbling attorneys. Patrick frequently consults during the proceedings with Judge Lana Myers. Judge Myers has previously served as a District Attorney, a Dallas County District Court Judge, and a judge on the Texas Fifth District Court of Appeals. At the beginning of the trial, Patrick announced that he was “neither an attorney nor a judge,” but he seems to have done his homework and is actually doing a pretty good job. Patrick also told everyone that he was only there to run the proceedings, that he had no vote, and that no one could (or would) ever know his position on the issue. Defense cross-exam attempted to establish that nothing Paxton did was explicitly illegal, but only that it “violated policy.” Buzbee is one of those cross-examiners who knows how to literally put words in the witnesses’ mouths. Mateer generally held his ground, but at times seemed to be confused (but fortunately never appeared to be evasive). Buzbee hammered on real facts that suggested Nate Paul was one of those “difficult” constituents: Paul made constant demands on the AGs office, sent numerous communications of complaint, and even threatened to sue the AG. Therefore, Paxton could not have “handed the keys to the AG’s office” over to Paul. The prosecution’s next witness was Ryan Lee Bangert. Like Mateer, he is a lifelong Republican, conservative Christian evangelical, and member of the Federalist Society. Where Mateer had been nominated for a Trump federal judicial appointment (and was rejected for purported “anti-trans” statements), Bangert had worked in the Missouri AG’s office when it was headed by Josh Hawley. Bangert knew Mateer from their time together at First Liberty Institute. These were folks who were all on board with the far-right Trumpist/Paxton agenda, so any argument about partisan bias is poppycock. Bangert joined the AGs office in 2019 as Deputy for Legal Counsel. He was glad to come on board: “Texas is leading the way in the conservative legal movement,” and he wanted to be a part of it. Banger had even supported Paxton’s campaign, donating money and helping with get-out-the-vote efforts. Bangert’s area of jurisdiction included open records, AG opinions, and special litigation. Bangert seemed to be more articulate than Mateer. Either that, or there were fewer interruptions with objections. Bangert explained how the public records request processed work, as well as the “law enforcement exception.” The Texas Public Information Act (TPIA, or Chapter 552 of the Texas Statutes) includes a number of exceptions. Many of them have valid policy reasons, although some were the result of powerful lobbying. Bangert first heard about Nate Paul when he was asked to review a prior denial for a public records request. Requests for information involving ongoing criminal investigations are almost always routinely denied, as release of this information could compromise the investigation itself as well as the safety of victims and investigators. When Bangert began to look into the denial, he “Googled” Nate Paul and of course discovered that Paul was under an active investigation. Bangert described a series of communications with Paxton, some which became angry and ended abruptly. Bangert testified that he was “surprised by the level of pushback.” Now it is shortly after 5 pm. Patrick said he would allow everyone a short break for a snack and to stretch, and that he intended to go until about 6:30. I did not follow the last hour. 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