This story has been updated with additional information
The U.S. Justice Department decided months ago not to prosecute Texas Attorney General Ken Paxton, according to an Associated Press report published Thursday that cited two unnamed sources. The report states the decision was made “quietly” during the final few weeks of the Biden administration.
Paxton’s attorney, Dan Cogdill, told the American-Statesman that he had no knowledge of the decision but was “glad it is over.”
“They never had a case to begin with,” Cogdill said.
Paxton, who has sent strong signals in recent months that he plans to challenge U.S. Sen. John Cornyn in next year’s Republican primary, took both a victory lap and jab at the four-term incumbent on Thursday in a social media post that linked to the AP report.
In his post, Paxton accused Cornyn of “standing with the corrupt Biden DOJ cheering on the bogus witch hunts” directed at him and President Donald Trump. He also resurfaced a February 2024 social media comment from Cornyn suggesting that if Paxton were to challenge the incumbent senator in the 2026 GOP primary, it would be from jail, given that the attorney general was under indictment at the time.
“Care to comment now, John?” Paxton asked in his post Wednesday.
More: Texas Democrats deride AG Ken Paxton, ask DOJ for investigation into voter fraud hunt
The Justice Department’s decision likely ends the legal sideshow that has shadowed Paxton since before he was elected as the state’s top lawyer in 2014. During that campaign, Paxton paid a $1,000 fine for failing to register as an investment solicitor. After taking office in 2015, he was indicted on state charges of felony securities fraud.
The Republican has since been reelected twice.
While steadfastly claiming his innocence, Paxton agreed one year ago to pay nearly $300,000 in restitution under a deal that came just three weeks before his trial on the state charges was set to begin.
In the meantime, former employees at the attorney general’s office filed a whistleblower lawsuit against Paxton that accused him of several ethical missteps, including using his position to help a wealthy donor and possibly receive home remodeling in exchange for favors.
While claiming the whistleblower lawsuit was baseless, Paxton agreed to pay a $3.3 million settlement using state funds. However, the Legislature in 2023 declined to appropriate the settlement money. Later that year, the Texas House voted to impeach Paxton, but he was acquitted by the Senate in a largely party-line vote.
This article originally appeared on Austin American-Statesman: Report: DOJ under Biden administration decided not to prosecute Texas AG Ken Paxton
Reporting by Tony Plohetski and John C. Moritz, Austin American-Statesman / Austin American-Statesman
USA TODAY Network via Reuters Connect
