“In a shocking twist, beloved ex-Congressman and 2022 Texas Attorney General Candidate Louie Gohmert came out to attack Ken Paxton. Gohmert recently wrote an op-ed praising the Texas House and rooting for Paxton’s impeachment. While most in his wing of the GOP are at minimum “holding their noses” for Paxton, Gohmert made some unexpected arguments.” — Current Revolt, Former AG Candidate Gohmert Bashes Paxton, September 9, 2023
How many felony cases go to trial in Texas?
- According to the Texas Office of Court Administration, less than 2 percent of felony criminal charges go to trial, and less than 1 percent of misdemeanor criminal charges go to trial, on average.
- It’s no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing. … But most cases end pursuant to a plea bargain.
- IT IS COMMONLY ACCEPTED THAT NO MORE THAN ABOUT 5 PERCENT OF ALL CRIMINAL CASES [MISDEMEANORS AND FELONIES], EVER GO TO TRIAL.
- It’s no secret that the overwhelming majority of criminal cases never reach trial. The prosecution may dismiss charges, perhaps because of a lack of evidence. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing. … But most cases end pursuant to a plea bargain.
Opinions are like noses: Everybody has one
In 2020, eight of AG Ken Paxton’s staff members accused him of crimes.
Meanwhile, “As the state’s top law enforcement officer, Attorney General Paxton leads more than 4,000 employees in 38 divisions and 117 offices around Texas. That includes nearly 750 attorneys, who handle more than 30,000 cases annually – enforcing child support orders, protecting Texans against consumer fraud, enforcing open government laws, providing legal advice to state officials, and representing the state of Texas in court, among other things.” — About the Attorney General
For the math-challenged reader, here is how you can weigh the strength of the number of accusers on Paxton’s staff. Based on the current (2023) attorney staffing level as it was in 2020, the percentage of staff attorneys who accused Paxton that led to the subsequent indictment in July 2020 was TEN PERCENT, 10%, one-in-ten. If you wish, granularity: .01078167116.
What is my opinion?
I have absolutely no opinion on Ken’s guilt or innocence regarding the criminal indictment with respect to the charges against him.
I do have an opinion on due process of law and equal protection of the law codified in the 14th Amendment
“…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws…” AMENDMENT XIV, Section 1.
In the United States of America, the principle, the standard of innocent until proven guilty, is not an explicit statement in our U.S. Constitution, the original text, or any of the 27 Amendments.
The Bill of Rights, the first ten amendments to the Constitution, specifically the 5th Amendment, states:
“…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law…”
Two types of law cases are tried in Texas courts: Civil and criminal disputes. In Civil disputes, the burden of proof is on the accused. In Criminal disputes, the burden of proof is on the accuser, the State. This latter standard does not incorporate public opinion to count as proof of wrongdoing by the accused.
I have known several judges who uphold the aforementioned standards. I include two local District Judges whom I have known for many years.
Great judges are careful to avoid arousing prejudice among the population from which the jury pools are formed. Louie Gohmert was elected State District Judge for Texas’s 7th Judicial District, serving Smith County from 1992 to 2002. Louie’s lambaste of Attorney General Ken Paxton revealed his unsuitability for the office of Attorney General or to be a judge in any state court. I predict Louie’s political prospects are dead on arrival.
My opinion: Whether the Texas Senate acquits or convicts Ken Paxton, there is no possibility of a fair criminal trial. I sense a conviction in the Senate would mark a State District court trial as double jeopardy, or at the least, prejudice a criminal trial due to the publicity.
Regarding my legal credentials, Perry Mason and Matlock taught me all I know about criminal trials.
The Biblical basis for my point of view: Proverbs 18:17
“He who is first in his own cause seems just, but his neighbor comes and searches him.”
My paraphrase of the above scripture: “Every story sounds true until you hear the other side.”
Thoughts in closing
If NOT convicted by the Texas Senate, should there be an investigation of Paxton’s seven accusers?
If convicted, should the other 742 attorneys be investigated for withholding evidence of wrongdoing?
What should we do, Perry Mason?
John White
Rockwall, Texas
John N. White 