Attorney General Ken Paxton’s former aides win $6.6 million in whistleblower case

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A Travis County district court judge on Friday awarded $6.6 million to four former senior aides to Attorney General Ken Paxton who said they were improperly fired after reporting Paxton to the FBI.

Judge Catherine Mauzy stated in her judgment that the plaintiffs — Blake Brickman, Mark Penley, David Maxwell and Ryan Vassar — had proven by a “preponderance of the evidence” that Paxton’s office had violated the Texas Whistleblower Act. Each of the four were awarded between $1.1 and $2.1 million for wages lost, compensation for emotional pain, attorney’s fees and various other costs as a result of the trial.

The judgment also said Paxton’s office did not dispute any issue of fact in the case, which stopped the Attorney General’s office from further contesting their liability. Tom Nesbitt, the attorney for Brickman and Maxwell, said in a statement that Paxton “admitted” to breaking the law to avoid being questioned under oath.

"It should shock all Texans that their chief law enforcement officer, Ken Paxton, admitted to violating the law, but that is exactly what happened in this case,” Nesbitt said in the statement.

In a statement to the Tribune from his office, Paxton called the ruling “a ridiculous judgment that is not based on the facts or the law” and pointed blame at former Speaker Dade Phelan, R-Beaumont, who led the Texas House effort to impeach him in 2023. “We will appeal this bogus ruling as we continue to clean up Dade Phelan’s mess," Paxton said in the statement.

The judgment also ordered that the plaintiffs are entitled to additional attorney’s fees if they successfully defend or prosecute appeals, including up to $20,000 per plaintiff for various stages of review at the Supreme Court of Texas.

Late Friday, Brickman criticized Paxton’s intent to appeal the judgment in a post on X, calling the attorney general “ lawless and shameless” and claiming the judgment came because Paxton was avoiding a deposition.

“Paxton now wants to appeal? He literally already admitted he broke the law to @SupremeCourt_TX and the Travis County District Court — all to stop his own deposition,” Brickman wrote.

The case was sparked when eight former aides, including the four plaintiffs, reported Paxton to federal authorities in September 2020 over his relations with Nate Paul, a friend and Austin real estate investor. The whistleblowers accused Paxton of abusing his office to do favors for Paul, including by hiring an outside lawyer to investigate claims made by Paul and providing him confidential law enforcement documents.

In the days and weeks after the whistleblowers met with federal agents — a development they reported to Paxton — the attorney general fired them. Four of them sued Paxton in November 2020, alleging their dismissals were illegal under state law.

Paxton disagreed but offered to settle the suit and pay the whistleblowers $3.3 million. But when Paxton asked the Texas House for the money in 2023, lawmakers wanted him to publicly answer questions about why Texas taxpayers should foot the bill. The House’s ethics committee began investigating Paxton, and in May that year, the chamber impeached him on corruption and bribery charges based heavily on the whistleblowers’ testimony.

House investigators claimed that, in return for favors from Paxton, Paul paid for renovations at an Austin home owned by Paxton and his wife and also employed a woman with whom Paxton was having an extramarital affair.

After a two-week, high-profile trial, the Texas Senate acquitted Paxton of 16 charges and dismissed the remaining four. That trial cost the state roughly $5.1 million, according to a State Auditor’s Office report released in March that was requested by Lt. Gov. Dan Patrick.

Months later, in the still-pending whistleblower case in state court, Paxton said he would no longer contest the facts of the case — despite the fact that the allegations by the whistleblowers were similar to the ones his lawyers had vigorously disputed during the impeachment trial.

In November 2024, the Texas Supreme Court ruled that Paxton and three of his top deputies did not have to sit for depositions under oath, because Paxton’s agreement not to contest the lawsuit made the sworn testimony unnecessary.

Paxton also dodged a federal lawsuit, the Associated Press reported Thursday, when the Department of Justice declined to prosecute him in the final days of former President Joe Biden’s administration. Still, Paxton levied culpability on Biden in his statement to the Tribune on Friday night, claiming the House’s impeachment efforts were “in collusion with Joe Biden’s corrupt DOJ.”

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