AUSTIN (KXAN) — Attorneys representing the Texas Office of the Attorney General filed an emergency request Monday morning with the Texas Supreme Court, asking the justices to halt depositions from Ken Paxton and three of his top deputies in the ongoing whistleblower lawsuit.
Paxton's lawyers are requesting a response from the court by Wednesday since he's set to answer questions under oath on Thursday. They announced Sunday morning they'd take this measure.
A Travis County judge previously ordered Paxton to sit for a deposition on Feb. 1 after she said his attorneys failed to work on scheduling a time with the lawyers representing the four former employees who brought the lawsuit. These plaintiffs argue Paxton violated whistleblower protections when he fired them after they reported him to the FBI for alleged corruption.
It's unclear when the Texas Supreme Court will provide a response to this request.
Blake Brickman, a former assistant attorney general who's part of the whistleblower lawsuit, shared his reaction to this latest legal maneuver in a statement sent to KXAN.
"This will be Ken Paxton's 13th attempt to get a court to prevent him from testifying," Brickman wrote. "For those keeping score - he is 0 for 12 - including 2 losses at SCOTX (Supreme Court of Texas). Ken is scared - but every Texan deserves the truth - which is why we will continue to fight."
The OAG also asked the court Monday to review the Travis County judge's order setting times for the depositions of Paxton and three top deputies. This separate filing argues they're not needed since Paxton previously "elects not to contest any issue of fact in this case” and “elects not to dispute the Plaintiffs’ lawsuit.”
Paxton's lawyers argue the court needs more time to consider this request so that's why the justices should grant the other "emergency motion for temporary relief," which would possibly prevent him from sitting for the deposition.
"Once that damage is inflicted, it cannot be undone," the OAG lawyers wrote.
The whistleblowers' attorneys filed a response Monday afternoon arguing the Supreme Court should deny the request to block Paxton from answering questions under oath.
Separately, a Travis County court will have a hearing Wednesday morning over the OAG's motion for entry of a judgment in the case. This request was filed in conjunction with Paxton's appeal to a judge's deposition order.
The recent arguments made by Paxton's legal team led to State Sen. Drew Springer, R-Muenster, to send a letter asking the Texas Senate and lieutenant governor to possibly consider reopening the impeachment. He previously voted to acquit Paxton on all 16 articles of impeachment, but he told KXAN he changed his mind based on Paxton's filing on Jan. 18.
