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Texas Supreme Court rejects Ken Paxton bid to dismiss whistleblower suit

Texas Attorney General Ken Paxton

Supreme Court Denies Attorney General Ken Paxton's Motion to Dismiss Whistleblower Suit

The lawsuit brought forward by four senior staffers who reportedly lost their jobs for revealing questionable actions by Paxton to the FBI, will return for further proceedings at the Travis County trial court.

Unimpeded Whistleblower Lawsuit

The Texas Supreme Court has ruled in favor of four previous higher-ranking deputies of Attorney General Ken Paxton, consequently permitting their whistleblower lawsuit to proceed incessantly.

Notably, the Republican majority Supreme Court this past Friday declined a motion presented by Paxton to dismiss the lawsuit, which had previously been in abeyance awaiting a potential settlement with the whistleblowers. The court's decision fell a mere four days after the whistleblowers appealed for the reinstatement of the case.

The case is now set to return to a Travis County trial court. The legal representatives of the whistleblowers in a statement announced, "We are eagerly awaiting to set a trial date and commence preparations for trial immediately."

Details of the Lawsuit

In 2020, the whistleblowers filed a lawsuit against the attorney general's office alleging wrongful termination and retaliation subsequent to their disclosure to the FBI, accusing Paxton of exploiting his office to benefit a friend and donor, Nate Paul. They were on the verge of attaining a $3.3 million settlement with the attorney general's office earlier this year, however, the lawsuit's claims triggered a probe by Texas House investigators who had qualms regarding the usage of taxpayer funds for the settlement and consequently suggested the impeachment of Paxton.

After Monday's announcement by the whistleblowers requesting for the revival of their case following the acquittal of Paxton, Blake Brickman, a whistleblower, declared, "The political trial has concluded and it's time for the case to return to a legitimate court".

Paxton's office refrained from commenting on the press conference, merely stating that its legal response would ensue in court. However, as of the ruling on Friday, they had evidently not submitted a counter-response.

The State of Whistleblower Act

The four plaintiffs in the lawsuit are former deputies under Paxton, namely Blake Brickman, Ryan Vassar, David Maxwell, and Mark Penley, who also testified as prosecution witnesses at Paxton's impeachment trial.

The Supreme Court refrained from offering an explanation for its ruling, only acknowledging the denial of Paxton's petition for review. Early in 2022, the lawsuit reached the Texas Supreme Court after statewide appeals and trial courts turned down Paxton agency's pretrial bids to dismiss the case.

The Texas Whistleblower Act safeguards state workers from regress by fellow employees due to revealing potential crimes to law enforcement. Paxton's defense contends that their right to fire employees "at will" was exercised appropriately and the whistleblower laws were inapplicable as Paxton, an elected official, was not a 'public employee'."

Paxton office's appeal to the Supreme Court stated, "Like the Governor, the Lieutenant Governor, and members of this Court, he is an elected officer, chosen by the people of Texas to exercise sovereign authority on their behalf". As of Friday's ruling, Paxton's office has yet to respond with a comment.

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