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Texas Supreme Court pauses depositions in Paxton whistleblower case

The ruling by the all-Republican court came after former President Donald Trump told justices to leave Paxton alone.

AUSTIN, Texas — (THE TEXAS TRIBUNE) The Texas Supreme Court has halted depositions that were scheduled to begin Thursday in the whistleblower case against Attorney General Ken Paxton.

The all-GOP court issued an order Tuesday staying the depositions and giving the parties until Feb. 29 to respond with their broader legal arguments. The decision was made public within hours of Paxton’s top political ally — former President Donald Trump — calling on the court to end the case.

Earlier this month, a district court judge in Travis County had ordered Paxton and three top aides to sit for depositions starting Thursday with the attorney general himself. Paxton’s office fought that order up to the Supreme Court, asking the justices to at least put the depositions on hold.

Four former top deputies filed the whistleblower lawsuit in 2020, alleging Paxton improperly fired them after they reported him to the FBI for allegedly abusing his office to help a wealthy friend and donor, Nate Paul. Their claims were the basis for Paxton’s impeachment by the Texas House last year. He was acquitted by the Senate after a trial in September.

In a remarkable move earlier this month, Paxton sought to stave off the depositions by announcing he would no longer contest the facts of the case and accept any judgment. But it did not sway the whistleblowers, who have pressed forward with seeking the depositions of Paxton and the three aides: Michelle Smith, Brent Webster and Lesley French Henneke.

The two sides are due in Travis County district court Wednesday for a hearing on Paxton’s motion for the judge to enter judgment. 

With the deposition question before the Supreme Court, Trump allies had ramped up pressure on the court to side with Paxton. And then on Tuesday morning, Trump himself weighed in on his social media platform, Truth Social. 

“Enough time and money has been wasted forcing [Paxton] to defend himself, instead of defending our broken Southern Border, which is under continual siege,” Trump said, calling on the justices to “end the Politicization and Abuse of our Justice System.” 

The Supreme Court did not explain its ruling Tuesday. It said one justice, Evan Young, did not participate.

This article originally appeared in The Texas Tribune. The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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