The impeached Texas Attorney General just might be in for a longer legal struggle than he originally envisioned.
Texas Attorney General's OfficeKen Paxton, one question is putting a damper on our excitement for what promises to be must-see TV come August.
The strategy is straight from the Donald Trump legal playbook, which isn’t surprising. Paxton isn’t just an ardent Trump supporter.The new roadblock thrown up by Paxton and his minions involves the “mediated settlement agreement” that the whistleblowers reached with the OAG in February, which would have provided them $3.3 million to settle their case, contingent upon the Legislature agreeing to pay.
“Specifically, Paxton entered into a settlement agreement with the whistleblowers that provides for payment of the settlement from public funds. The settlement agreement stayed the wrongful termination suit and conspicuously delayed the discovery of facts and testimony at trial, to Paxton's advantage, which deprived the electorate of its opportunity to make an informed decision when voting for attorney general.”In March, getting a sense of where the Legislature stood on paying the $3.
To a layperson it might seem obvious that if the Legislature declined to approve the payment outlined in the settlement agreement and voted to impeach Paxton instead, in part because the OAG made the agreement for shysterish reasons, then the settlement agreement is no longer in effect. Surely there’s some fancy legal principle that shoots down the OAG’s argument.
Maslanka said it’s a rule in law that courts give a “reasonable interpretation” of the language in contracts in order to achieve the intent of making the agreements. In this case the intent was to settle the case now, “not in 2040.” “We decline to adopt the interpretation of the Act proposed by the Office of the Attorney General of Texas , which would have the effect of stripping whistleblower protections from employees who might report misconduct by the thousands of elected officials throughout the State — particularly by those who direct and lead the agencies of this State,” the appellate court wrote.
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