Officials claim that Paxton used his powers as the state’s top lawyer to benefit Austin real estate investor Nate Paul in many ways.
The proceedings were initially filed in November, but the proceedings progressed slowly.
The OAG is trying to dismiss the proceedings, claiming that the Whistleblower Act does not apply to certain circumstances.After a court in Travis County continued the proceedings on the side of a former employee, OAG Appeal the decision To Texas Third Court of Appeals.
The OAG reiterates many of the allegations filed in the Court of First Instance in its new filing, but also emphasizes the comments of former Attorney General Jeff Mattia.
Mate Whistleblower’s first resignationHowever, he did not participate in the proceedings against OAG.
so Press release, OAG said Matea “sweared that Paxton had not committed a real crime.”
The OAG concluded that Mater and his colleagues were “in a position to help and / or conceal if they were on this path … a crime.”
“[B]The hypothetical allegations of future problems are not enough to blow the whistle of prove words, “the agency said.”[S]Skepticism and unfounded fear of what will happen is not sufficient under Texas law, especially if you can alleviate your doubts by asking a few questions.
In addition to a new argument based on Mater’s comment that there is no suspicion of a violation of the law and only concerns about possible future violations, the OAG has been granted a “waiver of immunity” under the Whistleblower Act. In other words, opening government officials and agencies to proceedings does not apply to the current situation.
“This law allows proceedings based on complaints of violations by the agency itself or civil servants, which are defined to include employees and appointed staff. Whatever the benefits of such restrictions as a policy issue, No mention is made of the five constitutional officials elected in Texas, “OAG argues.
However, former employee lawyers have claimed that state-wide employees are not exempt from whistleblower law.
“Not only is there nothing in the decree that determines this outcome, but other whistleblowers are being tried in Travis County for alleged criminal activity by an official elected in the incumbent election of a state agency. “The whistleblower claimed. ‘A lawyer in the court of first instance.
“OAG’s allegations go against the very purpose of Texas Whistleblower Law and create non-statutory exceptions for those who are most responsible for complying with the law and most responsible for violating it. Let’s do it, “they said.
This is not the first time that the core debate between the two sides has been disputed in court, and this may not be the last. After the Court of Appeals’ decision, either party may bring the position of the case to the Texas Supreme Court before it is finally dismissed or returned to the first instance.
“As I said when this unlucky drama first aired, the seven political appointees who launched an unfounded slander campaign against me were villains,” Paxton said in a press release. Was.
“They are, [sic] Desperate bid. They will lose in court, and my office will accept these claims as long as necessary to ensure that Texas law is upheld. “
Attorney General Ken Paxton submits new proceedings for whistleblowers
Source link Attorney General Ken Paxton submits new proceedings for whistleblowers