SAN ANTONIO — Lt. Gov. Dan Patrick has issued a gag order for those involved in the upcoming impeachment trial of suspended Attorney General Ken Paxton. The order provides examples of statements from advocates on both sides that Patrick believes has crossed a line and become "inflammatory and prejudicial" according to the order.
The order states attorneys hired by the House Board of Managers called Paxton a "crook" and said "the allegations will blow your mind." It states attorneys for Paxton have claimed the Texas House of Representatives took actions that were an "evil, illegal, and unprecedented weaponization of state power.
UTSA Political Science Chairman Jon Taylor said he agrees that the statements have probably gone far enough.
"For one of Paxton's attorneys, Tony Buzbee, rumor was yesterday he was going to bring a live kangaroo to a press conference for god's sakes to talk about the 'kangaroo court that is the Paxton impeachment,'" Taylor said. "They are talking too much and grandstanding too much. They need to shut up, allow for discovery, and allow for witnesses to be lined up and get this going on September 5th."
The gag order said violators can be found in contempt of court and punished with up to six months in a county jail and a fine of up to $500. While that might sound severe, Taylor said this is likely not enforceable at the state level.
The trial will take place in the Texas Senate, where Senators act as the jury, and not a state district court with a typical jury. Taylor said its not clear how Lt. Governor Patrick would enforce such an order, as he would not have the authority to have people fined or arrested.
"He can contact DPS to grab state senators to bring them in for a quorum, but he can't have them go arrest these people. That is way beyond his authority," Taylor said. "The state senate or house does not have a mechanism to fine people. Instead it is censure or expulsion (which is limited to senators and representatives)."
Taylor said the Texas Bar Association might be able to discipline attorneys of they don't follow the senates rules, but it's not clear if their would be additional penalties.
Still, the order seems to have worked for now. Taylor said the press conference rumored to include a real kangaroo ended up getting canceled for now.