Author, Lecturer, Ethicist

#966 Ken Paxton: Malefactor Of the Year

    Texas Attorney General Ken Paxton

   Trust me: I would be far, far happier writing a piece about Taylor Swift, Time Magazine’s “Woman of the Year,” or Shohei Ohtani, the “second coming of Babe Ruth,” who just signed a 10-year. $700,000,000 contract with my (and my sister Erica’s) Los Angeles Dodgers, then one about Texas Attorney General Ken Paxton, whom I am designating the “Malefactor of the Year.” This title, akin to calling him “Paxton the Terrible,” is his lifetime achievement award for last year, this year, and unquestionably next year as well.

   For most Americans not living in the Lone Star State, the 60-year old Texas A.G. Ken Paxton (that’s him on the left) has, until just a a couple of days ago, been as unknown as Rob BontaAshley Moody, Lynn Fitch or Michelle Henry, respectively, A.G.s of California, Florida, Mississippi and Pennsylvania.  Unlike the vast majority of America’s state attorneys general, Paxton has made quite a name for himself for mostly the wrong reasons. As but one  example, on December 8, 2022, Paxton sued the states of Georgia, Michigan, Wisconsin, and Pennsylvania, where certified results showed President-elect Joe Biden the victor over President Donald Trump, alleging a variety of unconstitutional actions in their presidential balloting, arguments that had already been rejected in other courts.  In Texas v. Pennsylvania, Paxton asked the United States Supreme Court to invalidate the states' sixty-two electoral votes. Because the suit was cast as a dispute between states, the Supreme Court had original jurisdiction, although it often declines to hear such suits.  This time, SCOTUS decided to take a look-see; within 3 days, they shot down Paxton’s suit, making him a bit of a legal laughing stock.

Ken Paxton served 5 terms in the Texas Legislature (2003-2013) and 2 years in the Texas State Senate (2013-2015), before declaring his candidacy for A.G. During his years in the legislature he developed a reputation for being a hard-core conservative of the Tea Party stripe, and a full-throated Christian Nationalist, whose views and votes were based on his religious principles. Along with his wife Angela Allen Paxton (who currently serves as the Majority Leader of the Texas Senate), the popular political team helped to found Stonebriar Community Church, a Christian evangelical megachurch, in Frisco, Texas. On January 5 2015, Ken Paxton was sworn in as the 51st Attorney General of Texas, a position to which he was reelected in 2018 and 2022 - in which he beat his Democratic opponent by slightly more than 10 points.

As A.G., Ken Paxton has developed among voters a “you either love him or hate him” attitude. Devoutly, rabidly anti-abortion, he gave his employees a paid vacation day to "celebrate" the overturning of Roe v. Wade, and sought to block rules from the US Health and Human Services Department that would require hospitals to provide abortions to women when the procedure is necessary to save their lives. In 2018 Paxton initiated a lawsuit seeking to have the Affordable Care Act (Obamacare) ruled unconstitutional in its entirety. Three years earlier (2015), Paxton created a human trafficking unit within the AG office. In 2019, he convinced Texas lawmakers to more than quadruple the human trafficking unit's annual funding. The year after, the unit did not secure a single human trafficking conviction and only four in 2020.

In 2018, Paxton falsely claimed that undocumented immigrants had committed over 600,000 crimes since 2011 in Texas. PolitiFact said that it had debunked the numbers before, and that the numbers exceeded the state's estimates by more than 400%. In October 2020, seven of Paxton's top aides published a letter to the office's Director of Human Resources, accusing Paxton of improper influence, abuse of office, bribery and other crimes, and said they had provided information to law enforcement and asked them to investigate. The Associated Press reported that the allegations involved Paxton illegally using his office to benefit real estate developer Nate Paul, who had donated $25,000 to Paxton's 2018 campaign.

But things were to get even worse for Ken Paxton: The Associated Press also reported that the allegations include the claim that Paxton had an extramarital affair with a woman, and that he had later advocated for that woman to be hired by Paul's company, World Class. Mr. Paul acknowledged employing the woman but denied that he had done so at Paxton's behest. Then, four of the former members of the Texas AG's Office sued the Office of the Attorney General, alleging that Paxton had fired them for reporting misconduct to law enforcement, a form of illegal retaliation under the state's Whistleblower Act. Paxton countersued, claiming that they hadn’t pursued their case in a lawful manner; the Texas Supreme Court and a court of appeals. both agreed that the 4 employees had done things correctly and overturned Paxton’s claim. He was fined $3.3 million and then tried to get the state to use taxpayer funds to pay the settlement; this too was overturned.

In spring 2023, the Texas House passed a bill of impeachment against Paxton, citing 16 separate charges. It was also decided that Paxton’s wife, the Texas Senate Majority Leader, had to recuse herself from the trial. After much back and forth between Paxton his attorneys, the State of Texas and the Texas Bar, Ken Paxton was acquitted on all 16 impeachment charges by the senate on September 23, 2023.

But the worst of Ken Paxton was yet to hit the surface . . . that which would make him a truly reviled person, both in the United States and much of the so-called “civilized world.”

But before we get to the latest and - in my opinion - the worst in the man I choose to name the “Malefactor of the Year,” a few words about the two people I’d greatly prefer to be writing about: singer/songwriter/billionaire philanthropist Taylor Swift and Shohei Ohtani who, barring serious injury, will likely be named the greatest (if not the richest) baseball player of all time.

To be perfectly honest, until I read about Taylor Swift being named Time magazine’s “Person of the Year” she was just the name of a celebrity, nothing more, nothing less. (n.b. From its inception in 1927 until 1999, the award which Ms. Talyor wonwas called Time’s Man of the Year.” During these 72 years, only 3 women achieved this status: Wallace Simpson [1936], Queen Elizabeth II [1952] and Corazon Aquino [1986]. Since 1999 Melinda Gates [2005], Angela Merkel [2015] Greta Thunberg [2019] and Kamala Harris [jointly with Joe Biden in 2020] have had the honor bestowed upon them.. And now, in 2023, Taylor Swift.)

I have never knowingly heard a Taylor Swift song, and certainly cannot name even one. However, in performing research for this piece, I have discovered that she is all but universally considered to be a top-flight singer and songwriter, with 10 studio albums, 10 Grammys and more than 50 million album sales as of 2019 and 78 billion streams as of 2021. She is also the highest-grossing female touring act of all time. She is a world-class philanthropist who has made literally tens-of-dozens of donations of more than $1 million to various disaster relief projects and has paid for medical care for many of her concert-going fans. Swift is a self-made billionaire who has invested her earnings wisely in both people and property (which includes the Samuel Goldwyn estate at 1200 Laurel Lane in Beverly Hills). And oh yes, as of earlier this year, she is dating Kansas City Chiefs all-pro wide receiver Travis Kelce.

Since the day I first heard that the Dodgers were going to be moving from Brooklyn to Los Angeles (it must have been late 1957), I have, as we say in L.A., “been bleeding Dodger Blue.” And now, with the signing of two-way superstar Shohei Ohtani, we are deeper than royal. Imagine that: he’s going to be making $700 million over the next 10 years. Can any athlete be worth so much money just for playing a game? I mean, if he merely has an average (at least for him) season in 2024, he will be earning $522,388.00 per game, which is also $165,485.00 per at bat or, if he is merely pitching, $727,266.00 per inning. And to think, when Babe Ruth was at the height of his glory (1927-28), he only made $70,000.00, which is $1,237,756.90 in 2023 dollars (minus, of course, sales of merchandise, advertising, etc.). When asked if he realized that he, “The Sultan of Swat,” made more money in 1927 than President Coolidge Calvin Coolidge, he supposedly answered, “Well, I had a better season than he did.” (Actually, in 1927, President Coolidge was paid $75,000.00)

In answer to the question can any athlete be worth so much money just for playing a game?” the answer is “Yes!” The Dodgers are owned by Guggenheim Partners, whose board includes Mark Walter (the team’s CEO), Magic Johnson, Stan Kasten, and Tennis legend Billie Jean King. They didn’t get to be that rich by throwing money away. Obviously, they went over the figures and determined that Ohtani was worth $700 million to them . . . in increased ticket sales, cable television and network rates and assorted paraphernalia. For that, they land, as mentioned above, a young (29 years old this past July 5th)man who just may turn out to be the greatest player of all time. And . . . he’s handsome, very well-spoken (in Japanese and increasingly, English), and is a flawless gentleman. And by the way, his nickname is “Shotime” - how perfect for Hollywood.

We wind up this week’s piece by briefly discussing that which Texas A.G. Ken Paxton - as well as Texas Governor Greg Abbot and Lt. Governor Dan Patrick will long be remembered for standing in the way of Kate Cox, a 31-year-old native of Dallas to undergo an abortion. Cox had petitioned a state court this month for an exemption from the state’s strict laws to receive an abortion once it was determined that her 20-week-old fetus was diagnosed with full trisomy 18 (Edwards Syndrome). Life expectancy for children diagnosed with Edwards syndrome is short due to several life-threatening complications of the condition. Children who survive past their first year may face severe intellectual challenges. It can also, in some cases, prove fatal to the mother. Mrs. Cox’s doctors argued that carrying the fetus to term and giving birth via Caesarian section could be dangerous, possibly resulting in her losing the ability to have children in the future.

Texas District Judge Maya Guerra Gamble gave Cox a temporary restraining order this past Thursday, giving her, husband and her doctor immunity from prosecution to perform an abortion procedure. For a few moments, it looked like Mrs. Cox and her “team” could breathe a sigh of relief. But within less than an hour, Ken Paxton appealed to the Texas State Supreme Court, asking the court to halt the lower court’s ruling. In his appeal, Mr. Paxton urged the court to act “with all due speed,” and noted that and wrote that if an abortion was allowed, “Nothing can restore the unborn child’s life that will be lost as a result.” The court did act “with all due speed”: the very next day, the Texas Supremes said that, “without regard to the merits” of the arguments on either side, it had issued an administrative stay in the case, to give itself more time to issue a final ruling.

P:axton’s appeal to the Texas Supreme Court in Ms. Cox’s case followed his letter to three Houston hospitals where he warned that Dr. Karsan (Ms. Cox’s personal OB-GYN) is authorized to admit patients and could perform the abortion, was hereby warned that the judge’s order would not shield them from eventual prosecution or civil lawsuits. Lawyers for Dr. Karsan have said in legal filings that she believes her patient’s abortion is medically necessary to preserve her health and future fertility.

But regardless of what a board-certified OB-GYN says, Ken Paxton feels he knows better. As an ultra-conservative Republican, he demands that the government stay the hell out of people’s lives . . . except in any and all matters of sex, marriage, giving birth and what they read. And despite the fact that according to Texas law, there are exceptions which have been carved out in anti-abolition legislation when pregnancy is the result of rape or incest . . . or when the life of either the fetus or the mother is in jeopardy. According to “Dr.” Paxton, he does not deem carrying a 22-week-old fetus who has been diagnosed by real physicians with Edwards Syndrome is nothing to worry about. “Don’t worry about whether or not giving birth will kill you or make you infertile; don’t give a moment’s thought that you are going to give birth to an infant that will likely be blind, deaf and dumb, incapable of movement, experiencing excruciating pain and likely dying within anywhere between sixth months and a year. If and when it dies, that is just G-d’s will.”

What the Malefactor Of the Year is hoping for is that by the time the state Supreme Court finally hands down its ruling (whatever it may be), Kate Cox’s pregnancy will have proceeded well beyond the legal time limit for any abortion to take place.

In any event, Ken Paxton will have earned even more street cred with his Christian Nationalist crowd, thus allowing him to continue living a godly - if infuriatingly - immoral - life.

Copyright©2023 Kurt Franklin Stone

PLEASE NOTE THAT JUST BEFORE POSTING THIS, NATIONAL PUBLIC RADIO REPORTED THAT KATE COX AND HER HUSBAND HAD LEFT TEXAS TO SEEK FURTHER MEDICAL ATTENTION OUTSIDE OF TEXAS. PRECISELY WHERE IS NOT YET KNOWN. KFS