Patrick Says Phelan Could Do Time
for House Impeachment Audit Snub
Capitol Inside
December 18, 2023
Lieutenant Governor Dan Patrick accused Speaker Dade Phelan on Monday of "outrageous behavior" that could land him behind bars for spurning the State Auditor request for information on the amount of public funds that the Texas House poured into the failed attempt to impeach Attorney General Ken Paxton.
Phelan countered the warning with a scolding on the formal process for initiating state audits and portrayal of Patrick as a self-perceived dictator who tries to run state government like a personal kingdom.
"The State Auditor does not work for Dan Patrick and Dan Patrick cannot unilaterally order a redundant state audit at taxpayer expense," Phelan press secretary Kim Carmichael said in a statement this afternoon. "It is highly inappropriate for a singular government official to use the State Auditor's Office for his own political agenda and order independent agencies to do as he pleases, completely disregarding the appropriate and legal processes. Unlike the Senate trial, the House is transparent and accountable to the people of Texas."
The speaker's assessment had merit from a procedural perspective even though the part about transparency and accountability in the singular example of the Paxton impeachment is laughable at best. House leaders have appeared to be stalling the public release of expenses related to the impeachment until after the filing deadline early this month for primary campaigns in 2024. The tactic didn't work, however, when 42 House Republicans who backed Paxton's impeachment drew primary opposition in districts where most seats had been safe before they turned on the three-time elected attorney general in the spring.
The House reported last week that it spent $3 million on Houston attorney Rusty Hardin and 20 employees at his Houston law firm for their work for four months on the impeachment. Another Houston lawyer - Dick DeGuerin - submitted a bill of nearly $500,000 for his services as Hardin's co-counsel in the Paxton trial. The prevailing sentiment outside House leader circles has been that the price tag for the impeachment was substantially higher than the sum that's been reported so far.
"When the Texas House requests the State Auditor to audit a state agency, the Speaker expects that agency to respond to the State Auditor before or at the deadline," Patrick said in a post on X. "However, the Speaker apparently believes the rules don’t apply to him and the House when THEY are audited. They ignored the submission deadline and, so far, have stiffed the State Auditor by withholding their impeachment spending totals.
"This is outrageous behavior," the lieutenant governor added. "It is a crime punishable up to a year in jail under Texas Government Code Sec. 321.019 to not allow access to documents requested by the State Auditor pursuant to an audit."
Patrick took a shot at the press for failing to publicize the House's resistance on the state audit that the lieutenant governor requested immediately after the Senate voted for Paxton's acquittal on September 16. But Patrick reserved most of the venom for Phelan.
Why has the media chosen not to highlight that the House has not submitted its impeachment spending? Texas taxpayers deserve to know the truth. It’s the taxpayer’s money the Speaker and House spent on their high-priced army of lawyers. The media reported the House spent nearly $3.8 million, but I believe it’s much more. What is Dade Phelan and the House attempting to hide? The House needs to respond to the State Auditor now with a full report of all of their spending. Dade Phelan – show us where the money went."
more to come ...
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