Texas Attorney General Ken Paxton Appeals $6.7 Million Judgment
A whistleblower who was awarded part of a nearly $6.7 million judgment last month said Ken Paxton is appealing the award to stall the plaintiff’s victory while the Texas attorney general runs for U.S. Senate.
A Travis County judge in April awarded the sum to four whistleblowers who reported Paxton to law enforcement in 2020 for alleged criminal conduct. After the ruling, Paxton vowed to appeal.
An attorney representing Paxton’s office filed the appeal Friday in Travis County district court.
The Whistleblower Case
The judgment awarded compensation for lost wages, pain and suffering, attorney fees, court costs and interest for James “Blake” Brickman, David Maxwell, Mark Penley and Ryan Vassar. The former Paxton aides sued the agency in November 2020 under the Whistleblower Act after their firings. The law prohibits retaliation against public employees who report a violation of law in good faith.
The judgment is more than double the $3.3 million Paxton’s office agreed to pay in a 2023 settlement the Legislature declined to fund. State lawmakers would need to approve funding for the state to satisfy the latest judgment.
Background of the Case
The whistleblowers accused Paxton of using his office to benefit Nate Paul, a real estate investor and campaign contributor. Paul was fined $1 million last month and sentenced to four months of home confinement after pleading guilty in January to a federal charge of making false statements to a financial institution.
In return, the whistleblowers alleged, Paul renovated Paxton’s Austin home and employed a woman Paxton was reportedly seeing.
Paxton was impeached by the Texas House in 2023 but acquitted by the Senate after a two-week trial. The impeachment process cost Texas taxpayers $5 million, an audit found.
(Eric Gay / ASSOCIATED PRESS)
Reaction to the Appeal
Brickman, former policy director at the attorney general’s office, said the appeal is another example of Paxton’s “brazen dishonesty and shameless abuse of taxpayer funds” for personal gain.
A spokesperson for Paxton’s office did not immediately respond to an emailed request for comment.
In a statement last month, Paxton referenced his acquittal and the cost of impeachment. He said a “liberal judge” wants taxpayers to waste more money on “a ridiculous judgment that is not based on the facts or the law.”
In November, the Texas Supreme Court said Paxton did not have to sit for a deposition in the whistleblower case after agreeing in January 2024 to end the lawsuit and pledging not to contest the damages or liability. Paxton launched his Republican primary campaign against U.S. Sen. John Cornyn last month.
“Despite saying he would not appeal, Paxton is now doing exactly that,” Brickman said. “This appeal has nothing to do with the facts of the whistleblowers’ claims or how the law applies — it is only to delay the finality of our victory while Paxton runs for higher office.”
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Conclusion
The appeal by Paxton’s office has sparked controversy and raised questions about the use of taxpayer funds for personal gain. The whistleblowers and their supporters argue that the appeal is a delay tactic to stall the finality of their victory while Paxton runs for higher office.
Frequently Asked Questions
Q: What is the whistleblower case about?
A: The whistleblower case is about four former aides to Texas Attorney General Ken Paxton who reported him to law enforcement in 2020 for alleged criminal conduct. They sued the agency under the Whistleblower Act after their firings.
Q: How much was the judgment awarded to the whistleblowers?
A: The judgment awarded $6.7 million to the whistleblowers for lost wages, pain and suffering, attorney fees, court costs, and interest.
Q: Why is Paxton appealing the judgment?
A: According to the whistleblowers, Paxton is appealing the judgment to delay the finality of their victory while he runs for higher office.
