Ken Paxton impeachment trial | Paxton's mistress 'unavailable to testify,' prosecutors rest

AUSTIN, Texas - Suspended Attorney General Ken Paxton's impeachment trial almost came to an abrupt end on Wednesday night.

The Senators deliberated a motion from Paxton's defense asking for a directed verdict, which would allow the dismissal of the Articles of Impeachment. Only a simple majority would have been needed to dismiss the articles.

After about 30 minutes of discussion, both the House managers and Paxton's defense team decided to withdraw their articles.

The trial got back underway on Wednesday morning with fireworks as Paxton's mistress Laura Olson was called to the stand.

Lt. Gov. Dan Patrick, who is overseeing the trial, quickly ruled that Olson would not be able to go on the stand in the morning. The rules require a witness to have a 24 hours notice before appearing in the impeachment trial, Patrick said that Olson had been added to the witness list at 3:53 p.m. on Tuesday.

On Wednesday evening, Patrick announced that Olson was present at the Capitol but was "deemed unavailable to testify."

Patrick said it was agreed to by both sides.

There are several reasons that a witness could be deemed "unavailable to testify."

They include the idea that the witness would plead the fifth continually and would not provide any helpful testimony.

The House impeachment managers rested their case.

While jurors were deliberating, the suspended attorney general posted on social media that he would be sitting down with former FOX News host Tucker Carlson to discuss his impeachment trial.

MORE ON KEN PAXTON IMPEACHMENT

Some other witnesses took the stand on Wednesday, including Andrew Wicker, Paxton's former assistant.

Wicker testified that he was concerned about the relationship between Nate Paul and the Attorney General. He testified that Paxton and Paul had lunches together, for which Paul paid. He also described a handoff of a manila envelope. 

Wicker said in 2020 he was approached by the FBI to discuss what he knew. He said the Office of the Attorney General, including Paxton himself, did not want him to speak with federal agents.

"[First Assistant] Mr. Webster said he understood the FBI had reached out to me and I should not respond," said Wicker.

[LAWYER: "Did he tell you why?"]

"He said that I ran the risk of incriminating myself," Wicker replied.

Wicker says when he spoke with Paxton again, Paxton told him he believed there was attorney-client privilege.

[LAWYER: "So he too wanted to prevent you from speaking to the FBI?"]

"It certainly seems that way, yes" Wicker testified.

He said the Attorney General's Office offered an attorney for him, he opted to get his own.

Wicker also said Paxton presented him with a promotion in Oct. 2020 after he told him about the FBI. He turned down the offer and eventually resigned.

He still received a monthly stipend from Paxton's campaign fund which he ultimately donated back.

"I didn't want it to appear as though I might have any conflict of interest if anything like this ever came about," said Wicker.

Then there's the allegation that Nate Paul bribed Paxton by paying for home renovations.

Wicker testified about overhearing a conversation at Paxton's home between the Attorney General and contractor Kevin Wood about countertops and kitchen cabinets with a $20,000 price tag.

He said he became concerned when the contractor told him he would have to "speak with Nate" about that.

Wicker approached the Attorney General concerned there might be an inappropriate relationship with Nate Paul.

"He stated that he appreciated me bringing his concern to him and that he assured me that was in fact not the case," Wicker said.

Later, defense attorney Tony Buzbee questioned Wicker's knowledge of the specifics.

[BUZBEE: "Let's be clear, the guy who spent more time, and that's you Drew, with General Paxton than anyone else during the time frame that we're here to talk about, is absolutely not accusing General Paxton of doing anything wrong are you?"]

"I am not accusing anybody of anything, no," Wicker testified.

Buzbee also showed Wicker pictures of Paxton's kitchen in 2020 and now, suggesting there are no granite countertops.

Records brought forth by the defense indicate Paxton himself made payment for the home renovations.

Buzbee's questions tried to cast doubt on suspicion about that and Wicker's other observations.

[BUZBEE: "You don't have any actual knowledge that Nate Paul ever did anything for General Paxton other than buy lunch, isn't that right?"]

"That is correct," Wicker replied.

There was also an important procedural note, House managers moved to change the rules with a motion.

Under the proposed rules, if Paxton is convicted he will automatically be banned from seeking public office again.

When the trial began, the rules said, if convicted, a ban from seeking public office again would require a separate vote.

The Senate jurors will likely vote on that tomorrow afternoon.

You can watch complete coverage of the trial on FOX4News.com and FOX 4's YouTube channel.

Large portions of the trial will also be available on FOX LOCAL along with highlights and analysis.

Live Blog

6:38 p.m. | Lt. Gov. Dan Patrick adjourns the trial for the day. The defense is expected to call its first witness on Thursday morning.

6:27 p.m. | A motion to dismiss all articles of impeachment was withdrawn. 

6:23 p.m. | There is a large gathering of Senators on the floor.

5:50 p.m. | Paxton posts on social media that he will be in Maine next week to discuss the last two weeks of Texas politics with Tucker Carlson.

5:39 p.m. | Patrick says the jurors will discuss the motions.

5:29 p.m. | The defense filed a motion for directed verdict on all the articles of impeachment and some that are grouped together.

5:24 p.m. | The House managers rest. 

4:53 p.m. | Patrick comes back and says that Laura Olson is present, but has been named unavailable to testify.

4:40 p.m. | The trial has been in a break for a very long time and there is a very empty Senate floor. We have not heard any reason for the delay.

3:43 p.m. | Brickman testifies that Paxton held a fundraiser outside a month prior to the AG's Office issuing the opinion that gatherings for foreclosure sales should be blocked due to COVID concerns.

3:31 p.m. | Brickman said he had three conditions in order to settle the lawsuit. He wanted an apology from Ken Paxton for calling the whistleblowers "rogue employees," he wanted Paxton to not dismiss a 3rd Court of Appeals opinion that ruled in favor of the whistleblowers and to remove a press release that described the whistleblowers as "rogue employees." 

3:23 p.m. | Brickman says that after suing Paxton's lawyers did not talk to him about a settlement until after Paxton had won re-election. "I think Ken Paxton lied to the public for 2 years for our case," Brickman said. He argued that he did not want to settle the case, but the other 3 complainants did. "What happened to us should never ever happen to any other public servant in Texas," he testified.

3:07 p.m. | Brickman testifies "I witnessed Attorney General Ken Paxton do brazen things on behalf of Nate Paul."

3:04 p.m. | Brickman testifies that Wicker told him that Paxton was meeting with donor Nate Paul without security detail and without the meetings going on the public calendar.

3:00 p.m. | Blake Brickman, the former deputy attorney general for policy and strategy initiatives, takes the stand. Brickman is one of 4 whistleblowers who received a $3.3M settlement in a lawsuit against Paxton and the state. Brickman is the fourth of the 4 whistleblowers in to testify in the trial. 

1:49 p.m. | Buzbee shows Wicker photos of the Paxton's kitchen in August of this year. Wicker testifies that it appears the cabinets and countertops have not been changed.

1:41 p.m. | Andrew Wicker comes back to the stand for more cross-examination.

12:08 p.m. | Lt. Gov. Dan Patrick calls for the lunch break early as they look into the admission of the evidence.

12:03 p.m. | Here is what Tony Buzbee had to say about the Paxton's home renovation in opening arguments:

12:00 p.m. | There is a break in the trial while lawyers argue over the introduction of photos involved in the Paxton renovations. The defense says it shows that the Paxtons were pricing options for renovations, the prosecution says that many of the photos are from catalogs and other places. The House managers contend they are not relevant and possibly misleading.

11:45 a.m. | Wicker testifies that he is not accusing Paxton of bribery. Defense attorney Tony Buzbee says that the basis for the payment of the Paxton renovations is one "stray comment."

11:35 a.m. | Lt. Gov. Dan Patrick says a motion has been introduced to change the rules to make a vote for impeachment to automatically count toward barring him from office for life. The Senate is expected to vote on the motion tomorrow afternoon.

11:30 a.m. | There is some sort of delay in the trial. 

10:51 a.m. | Wicker says the FBI reached out to him about Paxton. Later, he resigned from the office of the attorney general in Nov. 2020. He testified that the AG's Office stopped paying him, but he continued to receive a stipend from Paxton's campaign. He was told to keep the money, but Wicker testified that he gave it back.

10:40 a.m. | Wicker testified that Paxton had 3 phones and that Paxton used Wicker's cell phone and laptop on occasion.

10:37 a.m. | Wicker says that he confronted Paxton about the renovations due to the work they were doing on behalf of Paul. Paxton denied anything untoward.

10:31 a.m. | Wicker testifies that he heard the contractor say he would "check with Nate" about the cost of countertops and renovations to Paxton's home. He says it would cost $20,000 for the cabinets and countertops.

10:27 a.m. | Wicker is testifying to renovations of Paxton's home.

9:43 a.m. | Wicker testifies that he spent many hours on weekdays and weekends with Paxton. He says once COVID hit Ken Paxton spent much of his time in Austin and Angela Paxton spent most of her time at her home in Collin County.

9:36 a.m. | Chester is excused. The prosecution moves to call a new witness, Andrew Wicker, Paxton's former assistant. His testimony to House investigators is heavily featured in evidence.

9:35 a.m. | Chester testifies that the Mitt Foundation invested $3 million in World Class Holdings and that they expected to get about $23 million back.

9:27 a.m. | Chester also testifies that R.J. Mitte, an actor best known for his role as Walt Jr. on Breaking Bad, is the primary official in the Mitte Foundation.

9:22 a.m. | The prosecution quickly passes the witness. The defense is going through what Tony Buzbee previously called the "sordid history" of the Mitte Foundation. 

9:19 a.m. | You can watch key moments from McCarty's testimony here:

9:16 a.m. | Ray Chester, the attorney for the Mitte Foundation, is called to the stand. The Mitte Foundation sued Nate Paul's World Class Holdings and is the main subject of Impeachment Article 1. Yesterday, Darren McCarty, a whistleblower who oversaw civil litigation for the AG's office, testified that Paxton showed an extreme interest in the case.

9:10 a.m. | Olson will not take the stand at this time. Lt. Gov. Patrick explains that Olson was put on the witness list at 3:50 p.m. yesterday and witnesses must have 24 hours notice before being called. She may be called later today.

9:08 a.m. | As the prosecution calls Olson to the stand there is a large huddle around Lt. Gov. Dan Patrick's desk. Here is what the defense had to say about her earlier in the trial:

9:06 a.m. | The prosecution calls Laura Olson, Ken Paxton's mistress has been called to the stand.

9:03 a.m. | We are underway for Day 7.

8:34 a.m. | Testimony is scheduled to begin today at 9 a.m. Watch some of the key moments from yesterday here:

Original Story

On Tuesday, most of the testimony focused on lawyer Brandon Cammack and AG whistleblower Darren McCarty.

Cammack, who was hired by the Office of the Attorney General, testified to investigating claims made by Paxton donor Nate Paul.

Cammack testified that he worked closely with Nate Paul's attorney over the course of his investigation and gave grand jury subpoenas to banks with the attorney, Michael Wynne, along with him.

Cammack said he reported directly to Paxton during his investigation. Paxton communicated with Cammack using the encrypted Signal app, 2 different cell phone numbers and a non-official email address.

The young lawyer testified that the first time he saw the AG's official email was when he received cease and desist letters from other members of the attorney general's office.

Cammack also detailed a meeting with Paxton and the AG's new first assistant Brent Webster at a Starbucks where he was told to "eat" his $14,000 invoice and that his contract was no good.

Later in the day, McCarty, the former deputy attorney general over civil litigation, took the stand.

McCarty's department oversaw lawsuits involving charities, including the lawsuit by the Mitte Foundation against Nate Paul's World Class Holdings.

McCarty said Paxton showed a high level of interest in the case and even volunteered to intervene into the issue himself when the civil litigation team said it was not worth looking into.

McCarty was able to talk Paxton out of it, testifying that stepping in on behalf of Paul would be "a terrible thing for him to do."

The House managers wrapped up testimony by reading Impeachment Article I to McCarty, who said he agreed with the assertions made in the article.

Defense attorney Tony Buzbee countered, noting that McCarty himself eventually signed off on the intervention in the Mitte Foundation case.

After testimony ends the Senate jury will vote to remove Paxton. Two-thirds of state senators must vote to remove Paxton.

Then, the Senate will vote again on possibly barring Paxton from holding office in the state again.

21 of the 31 senators must also vote for that.