FBI agents seek records in probe of Texas attorney general Ken PaxtonTony PlohetskiAustin American-Statesman

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AUSTIN — Federal agents served at least one subpoena Wednesday on the office of Texas Attorney General Ken Paxton in an ongoing investigation into allegations that Paxton abused his authority by helping a friend and campaign donor.

Three sources confirmed to the American-Statesman and KVUE-TV that FBI agents delivered the request for information to the agency’s headquarters on West 14th Street. The sources did not immediately know how many subpoenas were issued or what information FBI agents sought.

Federal authorities are investigating claims by former top Paxton aides that he used his position to aid Austin investor Nate Paul, whose offices were raided by the FBI last year.

FBI spokeswoman Michelle Lee said Thursday that she could not comment, and the bureau has not publicly confirmed an investigation. 

Paxton said in a statement Thursday evening: “At all times, as in every matter, I ask my staff only to search for the truth, wherever it leads. That’s my responsibility as Attorney General of Texas.”

The issuance of a federal subpoena on a state agency, and especially involving the state’s top attorney, is a highly unusual move that likely would have required higher level approval from the U.S. Justice Department. 

It came as Paxton has received national attention this week after filing a lawsuit to overturn presidential election results in four battleground states won by President-elect Joe Biden. The visit from federal agents also came the day before Paxton was among a dozen state attorneys general to meet with President Donald Trump in what officials described as a previously scheduled meeting to discuss a range of topics.

The allegations about Paxton surfaced in October when the former top officials issued a letter to Paxton saying they asked federal law enforcement authorities to investigate allegations of improper influence, abuse of office, bribery and other potential crimes.

The group contended that Paxton, against their recommendation, hired an outside attorney to investigate claims by Paul that the FBI violated his constitutional rights during the raid. Paxton’s staff have said they had already reviewed Paul’s complaint and closed the matter after finding no wrongdoing.

Their complaint touched off weeks of political fallout for Paxton, including calls for his resignation by some fellow Republicans, and led to the launch of the federal investigation.

FBI agents and federal prosecutors in the weeks since have conducted interviews with anyone who might have information about Paxton’s involvement with Paul. 

Four of the agency executives last month filed a whistleblower lawsuit that expanded upon their claims, saying that Paxton also improperly advocated for the release of investigative records to Paul and ordered staff to issue a legal opinion limiting foreclosure sales during the pandemic — allegedly to help Paul. The suit claimed that Paxton’s actions benefited himself and a woman with whom he was reportedly having an affair and had recommended for a job with Paul, according to the suit and an anonymously sourced report by The Associated Press.

The whistleblowers have since either left or been fired from the agency and accused Paxton of retaliation.

Paxton has said in a series of public statements that he denies violating any law. He said that he is a “fierce investigator and defender of individual rights in the face of potentially unreasonable and authoritarian actions.”

Paxton remains under indictment on 2015 charges after a Collin County grand jury indicted him on two counts of securities fraud and one count of failing to register with state securities regulators based on private business deals from 2011 and 2012.

Paxton has accused prosecutors of overzealous pursuit of the charges, particularly the fraud accusations — first-degree felonies that carry a maximum punishment of 99 years in prison.

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