DHS chief Mayorkas calls out Texas for ‘failure of governance’ amid illegal immigrant crisis and impeachment

Homeland Security Secretary Alejandro Mayorkas called out Texas Gov. Greg Abbott on Wednesday, labeling his migrant busing policy "a remarkable failure of governance." 

Mayorkas, who faces impeachment proceedings in the House for his handling of the illegal immigration crisis, blamed Abbott, a Republican, for failing to cooperate with officials in Democrat-led cities that have been overwhelmed by migrant arrivals. 

"Let me identify one fundamental problem here, and that is the fact that we have one governor in the state of Texas who is refusing to cooperate with other governors and other local officials," Mayorkas said on MSNBC's "Morning Joe."

Emphasizing the need for the country to "stand united" on immigration, Mayorkas said, "it's a remarkable failure of governance to refuse to cooperate with one's fellow local and state officials." 

HOUSE HOMELAND SECURITY COMMITTEE SETS FIRST MAYORKAS IMPEACHMENT HEARING

Abbot began bussing migrants to New York City and other sanctuary jurisdictions last year in protest of the Biden administration's border policies. Abbott’s office has said it has sent around 27,000 migrants to New York City since then and has done so to relieve pressure on besieged border communities.

The illegal immigration crisis — which broke a record in December with over 300,000 encounters at the border in a single month — has put a strain on Democrat-led cities that lack the resources to house them. New York and Chicago have attempted to unload migrants in surrounding suburban neighborhoods, which in turn have complained that they cannot house them and threatened to send migrant buses back to the Texas-Mexico border. 

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New York City Mayor Eric Adams said last week his city is at a "breaking point" after 161.000 migrants have arrived since spring 2022, including those who have arrived on their own. The mayor issued an executive order restricting when and where buses may drop off migrants, but a "loophole" in the city's order was reportedly found after migrants were delivered to train stations in New Jersey, from which they departed for the Big Apple. 

"We're dealing with a bully right now, and everything is on the table that conforms with the law," Adams said of Abbott on Tuesday. 

NEW YORK CITY, CHICAGO SUBURBS TURN THEIR BACKS ON MIGRANT BUSES, SAY THEY CANNOT HANDLE INFLUX

Mayorkas told MSNBC that federal teams have been dispatched to Chicago, Denver and New York to assist in managing migrant arrivals and ensure that migrants eligible to work receive their work authorization as quickly as possible. 

"We've also successfully sought some funding from Congress to assist cities, and in our supplemental budget request we've requested additional funding for that purpose," Mayorkas said. 

House Republicans have blamed Mayorkas as the border crisis has worsened under his leadership. The Homeland Security Committee will hold its first impeachment hearing into the secretary on Jan. 10 as Republicans accuse Mayorkas of refusing to enforce immigration laws.

Mayorkas said he will "certainly" cooperate with the committee's investigation and "continue to do my work as well." 

Fox News Digital's Timothy H.J. Nerozzi, Anders Hagstrom, Houston Keene and Adam Shaw contributed to this report.

Texas AG Ken Paxton, wife targeted by home ‘swatting’ on New Year’s Day

FIRST ON FOX: Texas Attorney General Ken Paxton and his wife are the latest elected Republicans to fall victim to "swatting" after a false report using their home's address was made to authorities.

Addressing the swatting incident in a statement to Fox News Digital, Paxton and his wife, Texas state Sen. Angela Paxton, said they were not at their McKinney home on New Year's Day when first responders arrived on the scene. The couple described the false report to police as being a "life-threatening" situation.

"On New Year’s Day, a currently unidentified caller made a false report to 911 describing a life-threatening situation at our home in McKinney," the couple said. "As a result, the City of McKinney Police and Fire Departments quickly and bravely responded to what they believed could be a dangerous environment. We were not home at the time and were made aware of the false report when a state trooper, who was contacted by McKinney police, informed us of the incident."

"Making false reports to 911 is a crime which should be vigorously prosecuted when this criminal is identified. These fake calls divert resources from actual emergencies and crimes and could endanger our first responders," the couple continued. "We are grateful for the bravery and professionalism of the men and women serving in the McKinney police and fire departments."

WHAT IS 'SWATTING,' THE 'CRIMINAL HARASSMENT' HOAX THAT'S HIT 3 GOP LAWMAKERS SINCE CHRISTMAS?

"It is also important to acknowledge that this 'swatting' incident happened weeks after the disgraced Speaker of the House Dade Phelan, his lieutenants, and the Dallas Morning News doxed our family by publicly posting our address," they added. "We understand some people may not agree with our strong conservative efforts to secure the border, prevent election fraud, and protect our constitutional liberties, but compromising the effectiveness and safety of law enforcement is completely unacceptable."

The McKinney Police Department did not immediately respond to Fox News Digital's request for comment on the matter.

"Swatting" is a crime that has become prominent in recent years, gaining more steam in the social media age when people's addresses are easily accessible.

George Washington University law professor Jonathan Turley told Fox News Digital recently that swatting is a crime that could be "charged as a form of criminal threats."

"Swatting constitutes a false police report that can be criminally charged," Turley said. "Virginia recently passed a new law making swatting specifically a criminal misdemeanor. It can also be charged as a form of criminal threats."

The incident involving Paxton comes after three Republican lawmakers – Sen. Rick Scott of Florida, Rep. Marjorie Taylor-Greene of Georgia, and Rep. Brandon Williams of New York – reported "swatting" incidents at their homes after the Christmas holiday.

"This is a crime that flourishes because there is insufficient deterrent," Turley added. "The anonymity and rare prosecutions combine to fuel this form of criminal harassment. … There is no mystery to how to address these crimes. There must be greater detection and penalties to achieve deterrence."

The crime targets an individual by calling in a false police report for a violent crime — such as a murder, a hostage situation or other crimes that would require a greater law enforcement response — to the home of the target.

The goal of the false police report is to elicit a SWAT team response by the police to the target's home. Consequently, swatting draws police resources away from real crimes while the state becomes the unwitting arm to terrorize a person at their own home.

MTG TO INTRODUCE BILL AIMED AT 'SWATTERS' AS RICK SCOTT BECOMES LATEST TARGET

Greene, who has been a victim of the move multiple times herself, announced last week on X that she would be "introducing legislation to make it much easier for law enforcement to arrest and prosecutors to prosecute these criminals" who engage in the false reports.

Over the course of the last year, Paxton has faced an onslaught of accusations from officials in the state, primarily Texas Democrats, who have accused the attorney general of being unfit for office.

Last May, the Texas House of Representatives voted to impeach Paxton over charges of bribery, disregard of official duties and abuse of public trust after hours of debate in an afternoon session – sending the case to the state Senate. The Texas Senate, however, acquitted Paxton of all impeachment articles filed against him for corruption and unfitness for office in September 2023.

Though there was support for impeachment on both sides of the aisle, votes to convict on each charge did not clear the required 21-vote threshold in the Senate. Republican Sens. Robert Nichols and Kelly Hancock joined all 12 Democrats to vote in favor of conviction on several charges.

"Today, the truth prevailed. The truth could not be buried by mudslinging politicians or their powerful benefactors," Paxton said in a statement at the time, thanking his supporters after the verdict was delivered. "The sham impeachment coordinated by the Biden Administration with liberal House Speaker Dade Phelan and his kangaroo court has cost taxpayers millions of dollars, disrupted the work of the Office of Attorney General and left a dark and permanent stain on the Texas House."

"Now that this shameful process is over, my work to defend our constitutional rights will resume. Thank you to everyone who has stood with us during this time," he added.

Prior to his acquittal, Paxton faced accusations that he misused his political power to help real estate developer Nate Paul. Paxton's opponents have argued that the attorney general accepted a bribe by hiring Paul.

Paxton was also previously indicted in June for allegedly making false statements to banks.

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Paxton, who was suspended from office pending the trial's outcome, was not required to attend the proceedings. Paxton's wife, who has represented the state's eight district in the Senate since 2019, was required to be present for the whole trial but was prohibited from participating in debate or voting on the outcome of her husband's trial.

Paxton, who previously served as a member of both the Texas House and Senate, was first elected to serve as the Lone Star State's attorney general in 2014. He was re-elected to the position in 2018 and 2022.

Fox News' Chris Pandolfo, Houston Keene, and the Associated Press contributed to this report.

Former Democrat offers advice for Texas mayor under fire for ditching Dem Party to join GOP

EXCLUSIVE: A Democrat-turned-Republican congressman has advice for Dallas Mayor Eric Johnson, who also decided to switch parties and become a Republican last week: Follow your "heart" and your "brain."

Speaking with Fox News Digital as the four-year anniversary of his own party flip draws nearer, Rep. Jeff Van Drew, R-N.J., said he appreciated that Johnson came to the "same conclusion" as he did that the Democratic Party of years past was simply "no more."

"I appreciate what he did, and, as the mayor of Dallas, he came to the same conclusion that I did. He just didn't fit into the party anymore," Van Drew said. "You know, I was just constantly arguing, voting against all the different things they wanted to do. And it climaxed with the Trump impeachment, which was baseless and false."

"What they've done to our Department of Justice, what they've done to our FBI, what the attorney general has done, what the FBI director has done, what our secretary of state did and still does, all of this is awful," he added. "[Johnson] knows that this is wrong, and he came to the right conclusion. And I'd tell him to follow his heart and his brain and he will be fine."

DALLAS DEM PARTY BLASTS 'SELF CENTERED' MAYOR'S 'VALUES' FOR SWITCHING TO GOP: 'INSULT TO THE ELECTORATE'

When asked if he had any regrets about switching parties in 2019, Van Drew gave the simplest of answers: "Not even in the slightest."

"The more I see and the more I hear, the happier I am that I have changed," he said. "I'm a conservative. There used to be room for something called a Blue Dog Democrat, a conservative Democrat. Those times are no more. I want people to know who are watching this, there is no longer really a conservative branch of the Democratic Party."

"This is not your mother's and father's or grandmother's or grandfather's Democratic Party. This is an extremely left-wing socialist party that wants to completely change our republic and completely destroy the American experience. So, I am happy that I changed," he added.

Van Drew said his strong feelings does not mean that Republicans, or anyone for that matter, are perfect, but it is a necessity to have "love of the United States of America in your heart and soul."

GOP, DEMS TEAM UP TO RIP ‘DELUSIONAL’ SINEMA OVER ‘PLAN’ TO SWIPE THEIR VOTERS IN INDEPENDENT REELECTION BID

"You have to believe in this great republic. And those are the kinds of elected officials and senators and congresspeople that we need," he said.

After news broke last week that Democrat New Jersey Sen. Bob Menendez was facing a federal indictment on bribery and corruption charges, which he denies any wrongdoing, Van Drew, who represents New Jersey's 2nd Congressional District, confirmed he was "strongly considering" a run to unseat him.

Van Drew told Fox that, beyond Menendez's alleged crimes, New Jerseyans are "tired" of high taxes, Democrats interfering in the relationship between parents and children, policies that degrade law enforcement, the amplification of "woke" culture in the military, and the controversial subjects being taught to children in schools.

"This is unbelievable stuff. And New Jerseyans by and large — yes, it's a blue state, but they're hard-working, good people that pay an awful lot in taxes and are trudging through life — they're sick of it. So, it's more than just about me. It really is about the United States of America. It really is about the state of New Jersey," he said, noting that it has been more than 50 years since the state put a Republican in the Senate.

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"So, I'm going to think about it, you know, very seriously. I'm going to work my way through — it requires speaking to my closest friends. It requires speaking to my family and my advisers and other folks. I want to do this carefully and I want to make sure right now, though, I am focused on my job as South Jersey's congressman," he said.

However, Van Drew dismissed any timeline for when he might make a decision on a potential run.

"I'm going to think about it long and hard, make sure I'm doing the right thing for the country, the right thing for New Jersey and the right thing for my congressional district. I love my congressional district, so it is all very, very important to me. And I'm going to make sure that I do the right thing," he said.

Texas law banning drag performances in front of children ruled unconstitutional by federal judge

The Texas law dubbed the "Drag Ban" that restricted "sexually oriented performances" in the presence of a child or on public property was ruled unconstitutional on Tuesday by a federal judge, who issued a permanent injunction barring state officials from enforcing it.

Senate Bill 12 was signed by Republican Gov. Greg Abbott in June and was set to go into effect Sep. 1 but was blocked after being challenged by the American Civil Liberties Union (ACLU), which filed a lawsuit against the law last month.

In his ruling, U.S. District Judge David Hittner said the law was "an unconstitutional restriction on speech," and that it "violates the First Amendment as incorporated to Texas by the Fourteenth Amendment of the United States Constitution."

TRUMP CAMPAIGN WALKS BACK CLAIM FORMER PRESIDENT PURCHASED GLOCK AMID QUESTIONS ABOUT LEGALITY

The ruling further ordered Republican Texas Attorney General Ken Paxton and other state officials to not enforce the law.

According to one of the definitions in the law, a "sexually oriented performance" means a visual performance that features "a male performer exhibiting as a female, or a female performer exhibiting as a male, who uses clothing, makeup, or other similar physical markers and who sings, lip syncs, dances, or otherwise performs before an audience" and "appeals to the prurient interest in sex."

Critics have referred to the law as a "drag ban," though its author and supporters claim it was proposed and signed into law to protect children.

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The ACLU filed its lawsuit in U.S. District Court in the Southern District of Texas in Houston, and claimed the law "unconstitutionally singles out drag performances as a disfavored form of expression." It also asserted that several terms are not defined or are written in a way that targets protected expression.

Drag was described in the lawsuit as an "art form" that is "inherently expressive," and has no set standard. "As with any art form, there is nothing inherently sexual or obscene about drag," the lawsuit read. "Drag can be performed for any age level and in any venue, since drag artists tailor their performances to their audience."

Fox News Digital has reached out to Paxton's office for comment.

Fox News' Greg Wehner contributed to this report.

Texas AG Ken Paxton warns Biden administration after defeating ‘sham impeachment’: ‘Buckle up’

Texas Attorney General Ken Paxton released a scathing letter directed towards the White House after he was acquitted of state impeachment charges Saturday.

Paxton, a Republican, was accused of corruption, bribery and unfitness for office by a bipartisan group of Texas state senators. All 12 Democrats in the jury voted for his impeachment, along with two Republicans: Sens. Robert Nichols and Kelly Hancock.

The attorney general was accused of misusing his political power to hire Nate Paul, a real state developer who employed Paxton's alleged mistress Laura Olson. Paul was indicted in June for allegedly making false statements to banks.

The jury needed 21 votes to confirm the impeachment, but a two-thirds majority was not reached. The vote finished just before 1 p.m. Saturday.

TEXAS AG KEN PAXTON PLEADS NOT GUILTY TO IMPEACHMENT CHARGES AFTER SENATE ADVANCES CASE TO TRIAL

"The sham impeachment coordinated by the Biden Administration with liberal House Speaker Dade Phelan and his kangaroo court has cost taxpayers millions of dollars, disrupted the work of the Office of Attorney General and left a dark and permanent stain on the Texas House," Paxton's letter read.

"The weaponization of the impeachment process to settle political differences is not only wrong, it is immoral and corrupt," the embattled attorney general added.

IMPEACHMENT TRIAL OF TEXAS REPUBLICAN ATTORNEY GENERAL KEN PAXTON SET TO BEGIN

Paxton then accused the White House of promoting "lawless policies" and promised that President Biden will be "held accountable."

"Finally, I can promise the Biden Administration the following: buckle up because your lawless policies will not go unchallenged," the statement read. "We will not allow you to shred the constitution and infringe on the rights of Texans. You will be held accountable."

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Fox News Digital reached out to the White House for a statement, but has not heard back.

Fox News' Chris Pandolfo and the Associated Press contributed to this report.

Texas Senate to vote on AG Ken Paxton impeachment

The Texas Senate will vote on articles of impeachment brought against state Attorney General Ken Paxton at 10:30 a.m. central time on Saturday, Lt. Gov. Dan Patrick announced.

The jury of 30 senators, most of whom are Republicans, spent about eight hours deliberating behind closed doors since the Senate ended deliberations. A two-thirds majority is required to convict Paxton on any of 16 articles of impeachment that accuse Paxton of bribery, corruption and unfitness for office.

The vote could be a slow, public process. Each article of impeachment gets a separate vote. Republicans hold a 19-12 majority in the Senate, meaning that if all Democrats vote to convict Paxton, they would need nine Republicans to join them.

Paxton faces accusations that he misused his political power to help the real estate developer Nate Paul. Paxton's opponents have argued that the attorney general accepted a bribe by hiring Paul.

"If we don’t keep public officials from abusing the powers of their office, then frankly no one can," Republican state Rep. Andrew Murr, one of the impeachment managers in the Texas House, said during closing arguments. 

Attorneys for the bipartisan group of lawmakers prosecuting Paxton’s impeachment rested their case Wednesday after a woman who was expected to testify about an extramarital affair with Paxton made a sudden appearance at the trial, but she never took the stand.

The affair is central to the proceedings and accusations of Paul, who was under FBI investigation and employed the woman, Laura Olson. One of the articles of impeachment against Paxton alleges that Paul's hiring of Olson amounted to a bribe.

Paxton's lawyers have cast the impeachment effort as a ploy by establishment Republicans to remove a proven conservative from office, pointing to Paxton's long record of challenging Democratic presidential administrations in high profile court cases that have won him acclaim from former President Donald Trump and conservative hardliners. 

"I would suggest to you this is a political witch hunt," Paxton attorney Tony Buzbee said. "I would suggest to you that this trial has displayed, for the country to see, a partisan fight within the Republican Party."

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Paxton was also previously indicted in June for allegedly making false statements to banks. 

Paxton, who was suspended from office pending the trial's outcome, was not required to attend the proceedings and appeared only once in the Senate, durinc closing arguments, since testimony began last week. His wife, state Sen. Angela Paxton, sat across the room from him. She was required to be present for the whole trial but was prohibited from participating in debate or voting on the outcome of her husband's trial. 

This is a developing story and will be updated. Fox News' Danielle Wallace and the Associated Press contributed to this report. 
 

Trump weighs in on Texas AG Ken Paxton impeachment trial, argues ‘establishment RINOs’ want to ‘undo’ election

Former President Trump weighed in on the historic impeachment trial of Texas Attorney General Ken Paxton brought by the Republican-controlled state legislature. 

The message from Trump, the only federal official to ever be impeached twice, came as Paxton's attorneys were set to begin presenting their defense Thursday as the trial that will determine whether the Republican is removed from office winds down.

"Texas Attorney General Ken Paxton was easily re-elected last November, but now establishment RINOS are trying to undo that Election with a shameful impeachment of him," Trump wrote on TRUTH Social early Thursday. "Who would replace Paxton, one of the TOUGHEST & BEST Attorney Generals in the Country? Could it be a Democrat, or even worse, a RINO? The voters have decided who they want! Democrats are feeling very good right now as they watch, as usual, the Republicans fight & eat away at each other. It’s a SAD day in the Great State of Texas!" 

Attorneys for the bipartisan group of lawmakers prosecuting Paxton’s impeachment rested their case Wednesday after a woman who was expected to testify about an extramarital affair with Paxton made a sudden appearance at the trial, but she never took the stand.

EXTRAMARITAL AFFAIR DETAILS SURFACE IN HISTORIC IMPEACHMENT TRIAL OF TEXAS AG KEN PAXTON

The affair is central to the proceedings and accusations that Paxton misused his power to help Austin real estate developer Nate Paul, who was under FBI investigation and employed the woman, Laura Olson. One of the articles of impeachment against Paxton alleges that Paul's hiring of Olson amounted to a bribe.

Olson was called to the stand Wednesday morning in the Texas Senate and waited outside the chamber. However, her testimony was delayed for hours before Lt. Gov. Dan Patrick, who is acting as the trial’s judge, said toward the end of the day that Olson would not testify after all. He provided no further explanation but said both sides had agreed to it.

"She is present but has been deemed unavailable to testify," Patrick said.

Olson had been set to take the stand across from Paxton’s wife, state Sen. Angela Paxton, who is required to attend the trial but is not allowed to vote on whether her husband should be removed from office.

ALLEGED MISTRESS OF TEXAS AG KEN PAXTON DEEMED 'UNAVAILABLE' TO TAKE STAND AT HIS IMPEACHMENT TRIAL

Shortly after the announcement, prosecuting attorney Rusty Hardin said he was resting their side of the case. Paxton attorney Tony Buzbee then moved to end the trial on the grounds of insufficient evidence but later withdrew the request without a vote shorty before the trial adjourned for the day.

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Paxton, who was suspended from office pending the trial's outcome, is not required to attend the proceedings and has not appeared in the Senate since testimony began last week. 

The Associated Press contributed to this report. 

Texas AG Ken Paxton pleads not guilty to impeachment charges after Senate advances case to trial

The Texas Senate voted Tuesday to deny all of Republican Attorney General Ken Paxton’s motions to dismiss the impeachment charges against him, clearing the way for a historic trial.

Paxton had each article of impeachment read to him aloud in the chamber afterward Tuesday. Paxton's lawyer, Tony Buzbee, responded "not guilty" to each count.

House lawyer Rusty Hardin objected to Buzbee's interjections, but Lt. Gov. Dan Patrick, who is acting as "judge" of the impeachment trial, sustained.

"Absolutely not guilty," Buzbee said on the next count.

IMPEACHMENT TRIAL OF TEXAS REPUBLICAN ATTORNEY GENERAL KEN PAXTON SET TO BEGIN

Paxton, a close ally to former President Donald Trump who led several lawsuits in December 2020 to challenge election results in Georgia, Pennsylvania, Michigan and Wisconsin, won reelection in 2022 but was ultimately suspended from office in May when the GOP-controlled House voted, 121-23, to impeach him on 20 articles that range from bribery to abuse of public trust.

Most of the articles deal with Paxton using his office to benefit Austin real estate developer and wealthy donor Nate Paul, prompting eight of the attorney general's top deputies to report him to the FBI in 2020. Three other charges date back to Paxton’s pending 2015 felony securities fraud case, including lying to state investigators.

Paxton faces trial by a jury of 31 state senators stacked mostly with his ideological allies.

The closest vote Tuesday was along a 20-10 margin.

Patrick ruled that Paxton cannot be compelled to testify. The seven Republican senators who voted against all of Paxton’s pretrial motions to dismiss were Pete Flores, Kelly Hancock, Joan Huffman, Phil King, Mayes Middleton, Robert Nichols and Drew Springer. 

Meanwhile, five Republicans – state Sens. Brian Birdwell, Bryan Hughes, Charles Schwertner, Kevin Sparks and Charles Perry – voted for some, but not all, of Paxton’s pretrial motions.

A supermajority of 21 is needed to convict, meaning the Senate requires at least nine Republican voters to convict, assuming all 12 Democrats vote to do so.

TEXAS ATTORNEY GENERAL KEN PAXTON HIRES PROMINENT LAWYER FOR IMPEACHMENT TRIAL

Patrick on Tuesday also went over scheduling for the historic impeachment trial. He said it would run from 9 a.m. until at least 6 p.m. Monday through Friday. It will not continue on Saturday this week, but it could run to Saturday next week. There will be 20-minute breaks every 90 minutes.

The lieutenant governor also emphasized rules that Paxton’s wife, Texas Sen. Angela Paxton, would not get a vote for her husband’s trial.

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The Senate was not immediately taking up the three charges related to the 2015 felony securities fraud case or a fourth related to Paxton's ethics filings in the impeachment trial, according to the Associated Press. Paxton had said he expected to be acquitted and that the charges are based on "hearsay and gossip, parroting long-disproven claims."

The Associated Press contributed to this report.

Impeachment trial of Texas Republican Attorney General Ken Paxton set to begin

Texas Republican Attorney General Ken Paxton is bracing for his impeachment trial set to begin Tuesday, historically brought by state senators of his own political party. 

The state Senate is taking up 16 articles of impeachment relating to allegations of bribery, dereliction of duty and disregard of official duty against Paxton, who will be just the third person to stand for an impeachment trial in the history of the Texas legislature. 

A close ally to former President Donald Trump, Paxton spearheaded several lawsuits in December 2020 challenging the presidential election results in Georgia, Pennsylvania, Michigan and Wisconsin showing a victory for Joe Biden. Paxton also spoke during Trump’s Jan. 6, 2021, rally at the Ellipse, the park south of the White House, before the eventual riot at the U.S. Capitol. 

But the impeachment trial centers around Paxton’s relationship with Austin real estate developer Nate Paul. Paxton, who has decried the trial as a "political motivated sham," and an effort to disenfranchise his voters, won a third term in 2022 despite long-pending state criminal charges and an FBI investigation.

TEXAS ATTORNEY GENERAL KEN PAXTON HIRES PROMINENT LAWYER FOR IMPEACHMENT TRIAL

The GOP-led state House of Representatives voted overwhelmingly to impeach Paxton in May, largely based on his former deputies' claims that the attorney general used his power to help a wealthy donor who reciprocated with favors including hiring a woman with whom Paxton had an extramarital affair.

Paxton faces trial by a jury — the 31 state senators — stacked with his ideological allies and a "judge," Republican Lt. Gov. Dan Patrick, who loaned $125,000 to his last reelection campaign. His wife, Sen. Angela Paxton, will attend the trial but cannot participate or vote. 

Two other senators play a role in the allegations against Paxton. A two-thirds majority — or 21 senators — is required for conviction, meaning that if all 12 Senate Democrats vote against Paxton, they still need at least nine of the 19 Republicans to join them.

The trial will likely bring forth new evidence, but the outline of the allegations against Paxton has been public since 2020, when eight of his top deputies told the FBI that the attorney general was breaking the law to help Paul. The deputies — largely conservatives whom Paxton handpicked for their jobs — told investigators that Paxton had gone against their advice and hired an outside lawyer to probe Paul's allegations of wrongdoing by the FBI in its investigation of the developer. 

EMBATTLED TEXAS AG PAXTON SECRETLY WENT ON CHINA JUNKET AGAINST ADVICE OF STAFF, DOCS SHOW

They also said Paxton pressured his staff to take other actions that helped Paul.

Federal prosecutors continue to examine Paul and Paxton's relationship, so the evidence presented during his impeachment trial poses a legal as well as a political risk to the attorney general. Paul was indicted in June on federal criminal charges based on allegations that he made false statements to banks to secure more than $170 million in loans. He pleaded not guilty and has broadly denied wrongdoing in his dealings with Paxton.

The two men bonded over a shared feeling that they were the targets of corrupt law enforcement, according to a memo by one of the staffers who went to the FBI. Paxton was indicted on securities fraud charges in 2015 but is yet to stand trial. The Senate is not taking up, at least initially, three impeachment articles about the alleged securities fraud and a fourth related to Paxton's ethics filings.

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After going to the FBI, all eight of Paxton's deputies quit or were fired. Four of the deputies later sued Paxton under the state whistleblower act. The bipartisan group of lawmakers who led Paxton's impeachment in the House said it was him seeking $3.3 million in taxpayer funds to settle with the group that prompted them to investigate his dealings.

The Associated Press contributed to this report. 

Texas lawsuit seeks at least $17M in Medicaid reimbursements from Planned Parenthood

A Texas lawsuit is aiming to require Planned Parenthood to return millions of dollars in Medicaid payments for health services and even more money in fines.

A hearing was set for Tuesday in front of U.S. District Judge Matthew Kacsmaryk as the state seeks to recoup at least $17 million from nation's largest abortion provider, according to The Associated Press. Earlier this year, Kacsmaryk invalidated FDA approval of the abortion pill mifepristone.

The case against Planned Parenthood does not center around abortion, which has been banned in Texas with exceptions for risk to the mother's life since the Supreme Court overturned Roe v. Wade last year.

Planned Parenthood claims the lawsuit is a new effort to weaken the organization after years of laws from Republicans that pulled funding and restricted how its clinics operate.

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The organization received money for health services before it was removed from Texas' Medicaid program in 2021. The state had started attempting to remove Planned Parenthood four years earlier and now seeks repayment for services billed during that time.

"This baseless case is an active effort to shut down Planned Parenthood health centers," Planned Parenthood Federation of America president Alexis McGill Johnson said.

Texas filed the lawsuit under the federal False Claims Act, which allows fines for every alleged improper payment. According to Planned Parenthood, this could result in a judgment in excess of $1 billion.

The lawsuit was brought last year by Republican Texas Attorney General Ken Paxton, who is temporarily suspended from office as he awaits an impeachment trial next month over allegations of bribery and abuse of office.

Last year, Paxton said it was "unthinkable that Planned Parenthood would continue to take advantage of funding knowing they were not entitled to keep it."

Planned Parenthood has roughly three dozen clinics in Texas, but one closed following the historic SCOTUS ruling that allowed states to make their own laws regarding abortion access.

Former federal prosecutor Jacob Elberg, who specialized in health care fraud, said he believes Texas' case is weak, adding that the federal False Claims Act is the state's most powerful tool against health fraud.

Other cases involving this law in recent years were brought against a health records company in Florida, which paid $45 million to resolve allegations of improperly generating sales, and a Montana health clinic that submitted false asbestos claims.

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Elberg, now the faculty director at Seton Hall Law School's Center for Health & Pharmaceutical Law, said it is difficult to understand how Planned Parenthood was knowingly filing false claims while it was in court fighting to stay in the program and Texas was still paying the reimbursements.

"This just isn't what the False Claims Act is supposed to be about," Elberg said.

The Associated Press contributed to this report.