Floor speech of John Smithee on May 27th, 2023 re: impeachment of Ken Paxton, Texas AG - details how bad the process really was!
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https://www.ltgov.texas.gov/2023/09/16/lt-gov-dan-patrick-statement-on-the-completion-of-impeachment-trial/
... “Rep. John Smithee, a long-time House member, spoke on the House Floor during the impeachment vote in May. He was one of only 23 who voted against impeachment. Rep. Smithee said that the House could not legitimately impeach AG Paxton on the record because there was no record to send to the Senate. He said the House was not following the rule of law, and he said the House approach was, and I quote:
“Hang ’em now and judge them later.”
Rep. Andrew Murr, the Chair of the House Investigating Committee, said on the House floor:
“This [The House] is not the body that does the fact finding, the fact-finding occurs in the Senate and oath for any witness would occur there.”
“That is just not true. As Rep. Smithee said, the last House impeachment of a statewide-elected official, in 1917 of Gov. Ferguson, was conducted like a full trial in the House before it was sent to the Senate. Witnesses were put under oath and cross examined by the defendant. Rep. Smithee said this time, no House witnesses were put under oath and the defendant was denied the right to cross examine. Rep. Smithee told his fellow members the House process was indefensible and that the House did not follow the rules of evidence and their case was based on triple hearsay that would never be allowed in court.
“I think Rep. Smithee’s speech was one of the most honest and courageous speeches I have ever heard in the House.