September 14, 2023-Trial Date

After “Resty” Hardin accidentally rested in the impeachment trial, Ken Paxton’s team sought to cinch up the bow tie and dry shave Andrew Murr’s mustache off of his face. Justin Gordon, the Open Records Division Chief at the Texas Attorney General’s Office, explained the intricacies of law enforcement open records requests (TPIA). The purpose of Gordon’s testimony was to address Article III: Disregard of Official Duty – Abuse of the Open Record Process. Most of the morning with Gordon was spent on the Nate Paul TPIAs by Joseph Larsen. Gordon went through the file very carefully, explaining Larsen’s requests to the Senate jurors. Gordon testified that he worked with Larsen for years and Larsen is one of the foremost experts on the TPIA. They have taught classes together on this subject. Gordon’s testimony reflected a conscientious government employee attempting to respond to valid requests from a well-known lawyer and TPIA expert. The hilarity started when Gordon revealed that the FBI already gave Nate Paul’s attorneys the information requested by Larsen. House Managers threw a fit over this disclosure. The reality is that Nate Paul would have received all of this information upon prosecution. There is no danger here – we have the Michael Morton Act, which gives all relevant law enforcement files to criminal defendants. The whole argument that Ken Paxton somehow was revealing sensitive information is bogus and untrue and Article III was quickly disposed of during Gordon’s testimony. Once again, Maxwell, not a Texas Ranger for years, was lying about the threat to law enforcement.

The next two witnesses were Austin Kinghorn, the General Counsel for the AG’s Office, and Henry de la Garza, Human Resources Director for the AG’s Office. This testimony was brought in to rebut the alleged whistleblowers’ claims and explain the lawful dismissals. The House Managers have relied on the Third (Austin) Court of Appeals opinion in the alleged whistleblowers’ lawsuit. Andrew Murr worked diligently all session to shepherd Dick Weekley and Joan Huffman’s Fifteenth Court of Appeals bill (SB 1405) through the House, which is designed to circumvent the Third Court of Appeals. House Managers didn’t get the memo. De la Garza explained that the reality is that .02 percent of AG employees are at will and can be fired at any time and for any reason. The “truth of the matter” is that all of these so-called whistleblowers were insubordinate to the Attorney General himself and their new boss, former prosecutor Brent Webster, who they didn’t like very much.

The last witness was the best – Judge Grant Dorfman from Houston and Deputy First Assistant in the AG’s Office. Dorfman’s storied legal career was outlined and certainly renews one’s faith in the Yale Law School. After the co-conspirators went to the FBI, Austin Kinghorn asked Judge Dorfman to come to the AG’s Office. Before accepting the position, Dorfman did his due diligence on the claims by the co-conspirators and he determined that they were not true.

Dorfman described the Google litigation that he shepherded and that many have taken credit for throughout the trial. Dorfman is a resource to every juror in that room. He is on their speed dial. He is who you want in government service – a diligent, smart, and hard working lawyer doing the people’s business. Dorfman outlined all of the great successes on the immigration fight, Google, and Biden executive orders. We miss Judge Dorfman in Houston, but we can all be confident in his testimony and the work he does every day in the Texas Attorney General’s Office. Ken Paxton is very lucky to have him.

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