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Rep. Canales says after reviewing evidence against now-impeached Attorney General Ken Paxton, “I sat and listened to it. And I began to count the felonies. I ran out of fingers and toes.” - Titans of the Texas Legislature

FEATURED: Rep. Terry Canales, D-Edinburg, said on Saturday, May 27, 2023, that he was one of 121 state representatives to vote to impeach Texas Attorney General Ken Paxton, a Republican. “The allegations against Paxton include bribery, abuse of office, and obstruction. No one is above the law, and public officials must be held to the highest standard of integrity and ethics,” he said. This image was taken on Tuesday, November 23, 2021 at an event hosted by the Hidalgo County Bail Bond Association.

Photograph Courtesy HIDALGO COUNTY BAIL BOND ASSOCIATION

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Rep. Canales says after reviewing evidence against now-impeached Attorney General Ken Paxton, “I sat and listened to it. And I began to count the felonies. I ran out of fingers and toes.”

By DAVID A. DÍAZ
[email protected]

“A nefarious (criminal) kitchen remodel and an extramarital affair. Alleged corruption and threats. God, money and Dairy Queen. Those were among the many details of now-suspended Texas Attorney General Ken Paxton’s alleged misconduct that were aired on the floor of the Texas House of Representatives on Saturday (May 27, 2023) ahead of a historic vote to impeach the state government’s top lawyer.

“Paxton had faced few political consequences for years for his many public scandals. Allegations against him included taking bribes from a real estate investor, trying to protect the same investor from legal action, abusing the powers of the office and firing staff members who reported his misconduct.”

https://www.texastribune.org/2023/05/28/texas-legislature-paxton-impeachment-charges/

That’s howThe Texas Tribuneonline newspaper described the findings of the Texas House of Representatives Committee on General Investigating – whose membership includes Rep. Óscar Longoria, D-Mission – and the debate that led to Paxton’s impeachment on a 121 to 23 vote.

Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.

https://en.wikipedia.org/wiki/Impeachment

The members of the House Committee on General Investigating are:

• Rep. Andrew Murr, R-Kerville, Chair;
• Rep. Ann Johnson, D-Houston, Vice Chair;
• Rep. Charlie Geren, R-Ft. Worth;
• Rep.ÓscarLongoria, D-Mission; and
• Rep. David Spiller, R-Jacksboro.

Among the many powers and duties of the House Committee on General Investigation, it may investigate a matter related to the misconduct, malfeasance, misfeasance, abuse of office, or incompetency of an individual or officer under Chapter 665, Government Code. The committee has all the powers and duties conferred by that chapter for the purpose of conducting the investigation, including the authority to propose articles of impeachment.

All eight Rio Grande Valley state representatives – Rep.ÓscarLongoria, D-Mission, Rep. Terry Canales, D-Edinburg, Rep. Erin GámezD-Brownsville, Rep. R.D. “Bobby” Guerra, D-McAllen, Rep. RyanGuillén, R-Rio Grande City, Rep. Janie López, R-San Benito, Rep. Armando “Mando” Martínez, D-Weslaco, and Rep. Sergio Muñoz, D-Mission – voted to impeach Paxton on Saturday, May 27, 2023.

Paxton is a Republican; the majority of the 150-member Texas House of Representative is Republican.

The probable next step is for the Texas Senate to conduct a trial, which could permanently remove Paxton from office and possibly prevent him from holding future elected office in the state. It would take two-thirds of the 31 state senators to vote against him.

Paxton’s wife, Angela Paxton of McKinney, is one of those 31 state senators.

https://www.texastribune.org/2023/05/28/texas-angela-paxton/

Following the impeachment vote against Paxton by the Texas House of Representatives on Saturday, May 27, 2023, the Office of the Texas Attorney General distributed an announcement condemning that decision, including the following highlights:

• “The Office of the Attorney General (‘OAG’) released a comprehensive report that unequivocally (without a doubt) refutes (proves that something is a lie) incorrect testimony that was heard in the House General Investigating Committee. Based on the inaccuracies, falsehoods, and misstatements provided in that testimony, the Texas House chose to proceed with the illegal impeachment of Attorney General Paxton;

• “The General Investigating Committee’s politically motivated investigation against Attorney General Paxton is predicated (created) on long-disproven claims grounded in hearsay (unproven statements) and gossip; and

• “In August of 2021, after nearly a year of diligent investigation into these claims from former employees, the Office of the Attorney General released an exhaustive report that ultimately refuted each of the former employees’ allegations. In that report, the OAG stated it would further investigate the allegations and supplement as necessary. Subsequently, the OAG retained an outside law firm to conduct further investigation into the claims of retaliation by the former employees.”

https://www.texasattorneygeneral.gov/news/releases/office-attorney-general-releases-outside-law-firms-report-finding-no-violations-law-or-agency

Rep. Terry Canales, D-Edinburg, said he had closely monitored a public meeting on Wednesday, May 24, 2o23, where the House Committee on General Investigating heard testimony about Paxton’s alleged impeachable offenses.

https://tlchouse.granicus.com/MediaPlayer.php?view_id=78&clip_id=24945

Before the impeachment vote by the full House of Representatives was taken on Saturday, May 27, 2023, Canales addressed Paxton supporters who argued that most of the investigation was held in secret.

“I actually went and sat in the hearing (on Wednesday, May 24, 2023). So the Members (fellow state representatives) who got up here (on the main dais of the House of Representatives) and complained they didn’t know, perhaps weren’t listening, perhaps were meeting with some lobbyist somewhere,” he said. “But I sat and watched the hearing. I sat and listened to it. And I began to count the felonies. I ran out of fingers and toes.”

After the 121 to 23 vote to impeach Paxton, Canales provided the following statements on his Facebook:

Rep. Terry Canales:

Today, I voted with a bipartisan (Democrats and Republicans) group of 121 legislators to impeach Texas Attorney General Ken Paxton. The allegations against Paxton include bribery, abuse of office, and obstruction. No one is above the law, and public officials must be held to the highest standard of integrity and ethics.

The allegations against Paxton are deeply concerning and merit a fair and impartial examination of the evidence. Moving forward, I am confident the Senate trial will provide a fair and impartial resolution to the accusations against Attorney General Paxton. The people deserve nothing less.

As elected representatives, we have a day to ensure that those entrusted with positions of power serve the best interests of the people they represent. Our focus must remain on serving the needs of the people of Texas and working towards a future where integrity, transparency, and public service are the hallmarks of our state government.”

Canales’ full comments before the House of Representatives on Saturday, May 27, 2023 follow:

Thank you, Mr. Speaker, Members.

I also had no intention of speaking today. But the realities I’ve heard – too many disingenuous (untruthful) statements. I can not sit in the back – as a practicing attorney of almost 20 years – and watch Members weave different concepts together to misguide you and the public.

Let’s start with Rep. (John) Smithee (R-Amarillo) talking about “hearsay, and hearsay within hearsay.”

(Hearsay is the report of another person’s words by a witness, which is usually not allowed as evidence in a court of law.)

Well, the rules of evidence (the rules by which a court determines what evidence is admissible at trial) provide for many exceptions (special cases) where hearsay is admissible. But hearsay is never excluded (kept out) from an investigation, and that’s what this is. This was an investigation. So if they heard “hearsay or hearsay within hearsay”, that rule doesn’t apply to investigations.

You’ve also heard we are somewhat like a grand jury, and probable cause (reasonable grounds for making a search, pressing a charge, etc.) is what we are supposed to be looking for. That is one of the lowest thresholds. You heard Mr. (Rep. Harold) Dutton (D-Houston) say, “A grand jury can indict a ham sandwich.” Well, that’s how our legal system works. The threshold to end up sending someone to trial is relatively low.

(In Texas, a grand jury is made up of 12 people who determine whether or not there is probable cause to believe that a felony offense occurred. It only inquires into felony offenses and a limited number of misdemeanor offenses.

https://versustexas.com/blog/what-is-a-grand-jury/)

You also heard that the system or the methodology by which we got here was not open. Well, I don’t know about you, but I knew what was happening. I actually went and sat in the hearing. So the members who got up here and complained that they didn’t know, perhaps weren’t listening, perhaps were meeting with some lobbyist somewhere.

But I sat and watched the hearing. I sat and listened to it. And I began to count the felonies. I ran out of fingers and toes.

What I’ll tell you is, you keep hearing, ‘Why now?’ and “Why this time?”

Well, there’s never a wrong time to do the right thing.

And today I stand before you to tell you that the investigation was carried out much like any other investigation that I’ve ever seen as a defense attorney of almost 20 years. Rarely, in my entire career, I’ve never had one single client invited to speak to the grand jury.

Never. It doesn’t happen. If it does, it is extremely rare.

Never do you see the witnesses all brought before the grand jury. General, the District Attorney lays it out, just like Mr. (Rep. Andrew) Murr did. That’s how it works. In fact, every thing that I’ve seen in this process is almost exactly like I’ve seen in investigations, like I’ve seen a grand jury, and like I’ve seen things conducted in the legal world that I have lived in for almost 20 years.

You’ve heard that there were no witnesses. There were dozens upon dozens of witness they were spoken to.

You have heard they were not under oath. Mr. (Rep. Andrew) Murr told you some of them were under oath. Some of them weren’t under oath. But there are witnesses upon witnesses.

You must leave this chamber today knowing one thing that you will have to do for the rest of your life:

Look in the mirror, and ask yourself after hearing all these things, did you do the right thing?

Did you do the right thing? Or did you stand here and put politics above justice and morality.

You know, you’ve heard Mr. (Rep. John) Smithee (R-Amarillo)talk about my father (Rep. Terry A. Canales, D-Jim Wells County), that he had introduced impeachment resolution. My God, he was a Democrat, and he impeached, and they impeached, a Democratic district judge.

This is not about politics, this is about justice.

Well, maybe justice delayed is justice denied. The citizens of Texas have been denied justice for way too long. It is this body’s obligation, and it is without our power.

You’ve also heard that this all been a secret.

Hell, if they had read the rules, you would have noticed that we put it in the rules this session, that we have the power to investigate and bring articles of impeachment. That was on January 10 (2023) – right there in the rulebook.

I can read them to you, but I can’t make you understand them

The reality is this, members:

We have a decision to make here today.

Do we listen to our colleagues of a bipartisan committee, which sat and listened to hours of testimony, that held the investigation since March, that came before you. Members of the highest integrity – Rep. Murr, Rep. Johnson, Rep. Longoria, Rep. Geren, Rep. Spiller.

I’ve never been lied to by one of them once. Not one of them, never. In fact, I hold them to the highest regard.

I tell you that I have faith in them, I have faith in you.

Fear not politics. Fear Corruption. Vote yes (to impeach Paxton)

The video of Canales’ speech before the House of Representatives is available online at:

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For more on this and other Texas legislative news stories that affect the Rio Grande Valley metropolitan region, please log on to Titans of the Texas Legislature (TitansoftheTexasLegislature.com).

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