"This was an enormous risk:" Austin attorney, legal analyst Adam Loewy weighs in on Paxton impeachment, acquittal

Ken Paxton, Tony Buzbee, Mitch Little
Photo credit Jay Janner/American-Statesman / USA TODAY NETWORK

AUSTIN (Talk1370.com) -- Calling it an "enormous risk" for House Republicans, Austin attorney and legal analyst Adam Loewy gave his thoughts on the acquittal of Texas Attorney General Ken Paxton during a Monday morning appearance on Cardle & Woolley.

"It was a bombshell verdict," Loewy said. "I think there was a consensus around the Capitol that [Paxton] was going to be convicted... there might have been up to 20 votes to convict, but they needed 21."

"Impeachment is a very high bar, it's a high bar at the federal level and the state level, and so the repercussions are going to be fascinating to watch... but as of today, Ken Paxton is back being the Attorney General of the State of Texas."

When asked about the impact on the impeachment process moving forward, Loewy said the effects of Saturday's acquittal could be felt for a very long time to come.

"I don't think you see impeachment in the Texas Legislature for a very long time," Loewy said. "I think the repercussions are going to be very serious here; I think a lot of big names will not be back in the Legislature next session because of this; so I think people are going to think twice about doing this."

"If you come at the king, you best not miss," Loewy said, "and I think [the House] really missed here."

When asked about the impact on the whistleblowers at the center of the impeachment allegations, Loewy said it's time for the Legislature to settle that case.

"These guys followed the law to a T," Loewy said. "They did everything correctly, they negotiated with the Attorney General's office, who is the body that you must negotiate with, and then it is referred to the Legislature... and 99 times out of 100, the deal gets done. Here, you had them follow this path... it caused the actual impeachment of the Attorney General, and now you have the House saying 'we're not going to fund the settlement.' Why would anyone ever whistle-blow again?"

"The state is likely going to be paying more than they would have, if they would have just settled this case," Loewy said.

On the remaining legal issues facing Ken Paxton, Loewy said options for a potential federal case appear limited after the impeachment process. "Based on what I saw in the Texas Senate, I don't think there's a federal criminal case against Ken Paxton," Loewy said. "I think it's weak. I don't know how you as the Biden DOJ looks at this, sees a loss in the Texas Senate, and then goes and indicts him."

"Federal prosecutors have a 99% conviction rate, so if there was evidence that money from Nate Paul ended up in Ken Paxton's bank account, I think there's a very credible case at that point," Loewy said. "I think that Ken Paxton on the federal stuff is in the clear."

Featured Image Photo Credit: Jay Janner/American-Statesman / USA TODAY NETWORK