EXCLUSIVE: State AGs File Brief Defending Ken Paxton, Top Deputy After Texas State Bar Allegedly Plots Revenge

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Henry Rodgers Chief National Correspondent
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A group of state attorneys general from across the U.S. filed an amicus brief Friday to defend Texas AG Ken Paxton and his top deputy, First Assistant Attorney General Brent Webster, regarding a case launched by the State Bar of Texas.

The Daily Caller first obtained a copy of the brief regarding a case that originated in response to complaints against Webster and Paxton for their decision to file litigation known as Texas v. Pennsylvania regarding the 2020 election. The State Bar of Texas’s Commission for Lawyer Discipline attempted to censure Paxton and Webster for taking action over concerns of unconstitutional conduct by states during the 2020 election.

“The real question in this case… is whether courts will permit the politicization of the State Bars and weaponization of disciplinary rules against elected executive officers discharging their constitutional duties … There, moreover, is an appreciable risk that this type of political activism will incentivize bar complaints made for the sole purpose of obstructing the ability of attorneys general and their staff to carry out their constitutional responsibilities. The weaponization of the attorney grievance process impedes the work of the people and frustrates the constitutional structure,” the brief states.

Here Is A List Of The AG’s Who Filed The Brief:

  • State of Montana, by and through Attorney General Austin Knudsen
  • State of Alabama, by and through Attorney General Steve Marshall
  • State of Alaska, by and through Attorney General Treg Taylor
  • State of Florida, by and through Attorney General Ashley Moody
  • State of Idaho, by and through Attorney General Raúl Labrador
  • State of Indiana, by and through Attorney General Theodore E. Rokita
  • State of lowa, by and through Attorney General Brenna Bird
  • State of Kansas, by and through Attorney General Kris Kobach
  • State of Louisiana, by and through Attorney General Liz Murrill
  • State of Mississippi, by and through Attorney General Lynn Fitch
  • State of Missouri, by and through Attorney General Andrew Bailey
  • State of Nebraska, by and through Attorney General Michael T. Hilgers
  • State of North Dakota, by and through Attorney General Drew Wrigley
  • State of Oklahoma, by and through Attorney General Gentner Drummond
  • State of South Carolina, by and through Attorney General Alan Wilson
  • State of South Dakota, by and through Attorney General Marty J. Jackley
  • State of Utah, by and through Attorney General Sean D. Reyes
  • State of West Virginia, by and through Attorney General Patrick Morrisey

“The weaponization of the bar complaint process undermines the constitutional authority of elected officials and the will of the voters. I’m glad I could support Attorney General Paxton in this instance as a number of attorneys general, including me, are facing similar attacks from their political adversaries just for doing their jobs,” Knudsen told the Caller.


(DAILY CALLER OBTAINED) — … by Henry Rodgers

“Thank you to my fellow attorneys general for siding with law and order,” Paxton told the Caller. “The State Bar is using a disgraceful tactic: weaponizing politically-motivated lawfare to intimidate elected leaders and their staff from upholding the Constitution when it inconveniences their political agenda. This attempt to punish First Assistant Attorney General Webster and me for standing up for our country, our State, and our citizens will not succeed.”

A disciplinary committee for the State Bar of Texas previously filed a professional misconduct lawsuit in May 2022 over his alleged attempt to “overturn” the 2020 election results in several battleground states. In response, Paxton’s lawyers said the bar was “attempting to control the Attorney General’s decision going forward about what types of lawsuits to file, and what kinds of legal theories to pursue” by suing him.

Paxton was acquitted in his impeachment trial on Sept. 18, 2023, after lawmakers tried to impeach the attorney general for alleged corruption, bribery, obstruction and more.

Most recently in March this year, Paxton avoided going to trial for felony securities fraud charges when he reached a deal with the prosecution.

“The state has made an offer, which we have accepted, to dismiss the case upon Mr. Paxton doing a few things. He is more than happy to comply with that agreement,” his lawyer, Dan Cogdell, Paxton’s attorney, said in a press conference. “At the end of the day, it is not a plea bargain, he didn’t plead. There is no admission of guilt, there will never be an admission of guilt because he’s not guilty. But we’re glad to have this behind us.”