How an extramarital affair factors into Texas Attorney General Ken Paxton鈥檚 impeachment trial

Texas state Attorney General Ken Paxton, center, stands between his attorneys Tony Buzbee, front, and Dan Cogdell, rear, as the articles of his impeachment are read during the his impeachment trial in the Senate Chamber at the Texas Capitol, Tuesday, Sept. 5, 2023, in Austin, Texas. (AP Photo/Eric Gay)

AUSTIN, Texas (AP) 鈥 How much does an extramarital affair matter to whether Texas Attorney General Ken Paxton keeps his job? An answer may arrive soon.

The question hangs over the Republican鈥檚 impeachment trial as it approaches the final stretch of testimony before a jury of state senators decides whether Paxton should be removed from office on charges . Most of the senators are Republicans and one is his wife, , although she will not have a vote in the verdict.

But she has attended the entire trial so far, including Monday, when she sat in the Senate chamber as one of her husband鈥檚 former employees in the most public detail to date: How the relationship took a toll on staffers, how she urged Paxton to consider the risks and how she asked him to tell his wife about the woman.

鈥淛ust because somebody has an affair doesn鈥檛 mean they鈥檙e a 鈥 quote 鈥 鈥榗riminal鈥 does it?鈥 Tony Buzbee, Paxton鈥檚 attorney, asked when it was the defense鈥檚 turn to respond.

鈥淚 would not associate that directly,鈥 said Katherine Cary, a former chief of staff in Paxton鈥檚 office, who is now one of six ex-employees to testify against their former boss since the trial began last week.

The exchange capped one of the most distinctive moments of witness testimony so far after five days of former Paxton aides giving accounts of how one of Texas鈥 most powerful figures allegedly abused his power to help a local real estate developer who was under FBI investigation. Nate Paul, who once gave Paxton a $25,000 campaign contribution, was . He has pleaded not guilty. Paul also employed the woman with whom Paxton had the affair.

On Tuesday, the jurors from the junior Houston defense attorney to look into Paul鈥檚 allegations, including that Paxton urged the lawyer to communicate with him over an encrypted messaging app.

The affair is one of , alleging that Paul received favorable access as Paxton benefited from Paul employing the woman. Jeff Mateer, Paxton鈥檚 former second-in-command, testified last week that the relationship connected the dots as to why Texas鈥 top lawyer appeared so determined to help Paul look into claims that he had been wronged by FBI agents and a judge.

Lawmakers leading the impeachment also have alleged that Paxton, who was elected to a third term in November despite years of criminal charges and alleged scandal, had a political motivation to hide the affair.

鈥淭he affair is important because it goes to Ken Paxton鈥檚 political strength. He knows that with his folks he is family values,鈥 Democratic state Rep. Ann Johnson said in May, moments before the House overwhelmingly

Cary, the former chief of staff, said on the witness stand Monday that she told Paxton the affair carried political and ethical risks. She alleged that Paxton at first lied about who the woman was and that the affair took a toll on staff who were forced to work long and odd hours as the relationship unfolded.

She said Angela Paxton sometimes called the office with questions about her husband鈥檚 schedule and that the conversations made staff uncomfortable.

鈥淚 told General Paxton quite bluntly it wasn鈥檛 my business who he was sleeping with, but when things bleed over into the office and into the state work, it becomes my business,鈥 she said.

When it came to Angela Paxton, Cary said, 鈥淢y heart broke for her.鈥

Ken Paxton, who has pleaded not guilty, is not required to be present for testimony and has not been in the Senate for , including for Cary's testimony.

Angela Paxton took notes at her desk as Cary testified about the affair that began in 2018, the year Angela Paxton won her Senate seat. She cruised to reelection last year and said on the eve of the impeachment trial that she would seek a third term, making the announcement alongside her husband at a Labor Day picnic near their home in suburban Dallas.

Before becoming a senator, Angela Paxton would entertain crowds at her husband鈥檚 political events with a guitar and song, singing, 鈥淚鈥檓 a pistol-packin鈥 mama and my husband sues Obama.鈥 She and all senators have been ordered not speak about the impeachment trial while the proceedings are ongoing.

A two-thirds majority 鈥 or 21 senators 鈥 is required for conviction. If all 12 Democrats vote against Paxton, at least nine Republicans would have to join them.

鈥淚magine if we impeached everyone in Austin who had an affair,鈥 Buzbee said. 鈥淲e鈥檇 be impeaching people for the next 100 years.鈥

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Associated Press writer Jake Bleiberg contributed to this report from Dallas.

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Find AP鈥檚 full coverage of the impeachment of Texas Attorney General Ken Paxton at:

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