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Telehealth for Texas dot Com. Hello
and welcome to the Texas Tribune trip Cast

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for May twenty six, twenty twenty
three. It is the end of a

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crazy day, a crazy week,
and a crazy month, and politics culminating

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yesterday with the House General Investigating Committee
disclosing that it had recommended the impeachment of

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Attorney General Ken Paxton. Twenty articles
of impeachment delivered to the Texas House yesterday.

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They have been distributed in the House, revealing today that they're expecting to

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vote on impeachment at one pm today. A major kind of earth shattering week

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in Texas politics. Joining us today
to discuss this our politics Reporter Patrick speetech

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Hey, Patrick, Hey, thanks
for having me, Yeah, thanks for

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joining. And politics reporter James Bettergan
Hey, James Hey, Matthew, Hey,

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it's James, So walk us through
this twenty articles of impeachment. How

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did we get here and what is
Kim Paxton accused of? Well, it's

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as you said, it's been a
stunning week here in the Texas House,

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starting on Tuesday when the General Investigating
Committee revealed to the public that they had

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been investigating Attorney General Kent Paxton since
March four crimes that were alleged by the

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whistleblowers in twenty twenty some of his
top deputies who accused him of crimes.

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That investigation went beyond even what the
whistleblowers alleged and even touched on his previous

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securities fraught charges from twenty fifteen,
which are still ongoing. It stretched into

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a potential two property homestead exemptions rather
than just a one allowed by Texas law.

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And now we have the twenty articles
of impeachment against Ken Paxson that have

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been recommended by the Committee to the
House. And that is where we are

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on the precipice of this really historic
moment on Saturday. He would be the

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first Attorney general to sit for impeachment
if indeed House lawmakers decide to push that

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forward to the Senate. So a
kind of new revelation coming from the committee

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about Pason having two home set exemptions. A you know, something that is

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against the law, not legal,
but also maybe not the highest in the

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ranking of Ken Packson scandal. You
know, something we've seen before. Governor

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Rick Perry had this problem once before
as well, back in the day when

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he was running for governor. But
um, you know, some of these

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other things are things that we've already
known about, particularly what was laid out

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by the whistleblowers, allegations of bribery, inappropriate relationship with donors, kind of

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interfering with some of the duties of
the AG's office, perhaps to tip the

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hand for Nate Paul, one of
his not perhaps they're they're they're accusing that

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they're accusing him of abusing the Attorney
General's office to benefit his friend and political

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donor in Nate Paul, right,
right, Patrick. All of those things

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we have known about since twenty twenty
one, the last time the legislature met.

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Why why is this happening now?
Well, it depends who you ask.

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According to House leadership, this was
all triggered by Paxton's requests of the

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legislature to authorize taxpair of dollars to
pay for that settlement with the whistleblowers,

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you know. In fact, and
the memo, the latest memo that we

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saw from the General Investigating Committee,
uh, you know, there was a

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bolded sentence in it that said,
you know, we cannot emphasize enough that

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this impeachment wouldn't be happening if Paxson
had not asked the legislature, um,

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you know for these uh this taxpayer
funded settlement. So that is that is

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their explanation. You know. The
Speaker's office has said that when Paxson came

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to the legislature earlier this year to
ask for that settlement, he did not

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provide enough evidence or support um for
his need for the state funds for that

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settlement. So that's their side of
the story. Of course, if you're

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with Paxton, you know, or
even if you're on the fence, you

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know, you can't help, but
you know, acknowledge the political context here,

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which is that Ken Paxton represents um
you know, comes from a wing

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of the Texas Republican Party that is
persistently critical the Texas House, constantly dogging

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it as insufficient conservative. You know, Ken Paxxton and his you know,

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doesn't do that, you know,
every day in his you know, job

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as Attorney General. But there's no
doubt where his bread is buttered and what

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kind of faction of the Republican Party
in Texas he comes from. And so

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you know, to his supporters,
you know, this reeks of political retaliation

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because he comes from that part of
the party and he feels he feeled those

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speculations on Tuesday, prior to the
committee's meeting, when he put out a

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message sort of accusing Speaker Feeling of
being intoxicated on the diet, which is

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a thing that had been sort of
floating around. And then right after that,

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then that's when the Committee's sort of
made public that actually it's an investigation

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about you, and perhaps that's why
you're trying to create the smokescreen. Yeah,

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that the allegation of Feeling being intoxicated
of coming from a video from you

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know, a few days earlier.
We're Feeling, at the end of a

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very long day presiding over the House, seemed to be slurring his speech.

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Many people in the kind of hard
right we're jumping on that video saying that

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he seemed like he was drunk that
calling for Feeling to resign, which you

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know, that was right before we
knew what was about to happen in the

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General Investigating Committee was its own sort
of dramatic event. But I mean,

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James, what we have here is
kind of you know, Republicans going after

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Republicans. Here. This is not
a Democratic House impeaching a Republican president.

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This is a Republican controlled House going
after a Republican attorney general. Yeah.

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And just for the record for listeners
and our audience, we have asked persistently

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that question about date, feeling and
whether he was drunk, and we just

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have not been able to get an
answer, I think from from the Speaker's

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office. So those questions have been
made. I know there's there's there is

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obviously concerned from some people about what
that was there. But to your point,

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Matthew, yes, I mean this
is a continuation of the in fighting

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between Republicans, the more conservative social
far right wing of the party and the

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more establishment Republican that has been in
some oderation really for the last decade or

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so, I think, and that
is what we're seeing. But I think

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to Patrick's point, you know,
the House is saying, well, we

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started this investigation because of the settlement. I don't, you know. I

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guess we take them at face value. But for me, like politically,

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I just don't understand why they wouldn't
have been able to do this kind of

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investigation before. I mean, these
allegations by the whistleblowers were known since twenty

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twenty, the securities fraud charges were
known since twenty fifteen, so I mean

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there was plenty of room for them
to work with before the General Investigating Committee

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could have taken that up. I
guess, But yeah, that that part

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has sort of got myself and I
think another a lot of other reporters and

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perhaps some people in the public started
scratching their head about like what's different?

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Why? Why? Why now?
Yeah? And also, James, you

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mentioned that the securities fraud charges are
part of the articles of impeachment, and

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so the idea that the articles impeachment
are exclusively centered on the whistleblower claims is

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you know, you know, exclusively
prompted or centered on the whistleblower claims,

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which are totally separate from the securities
broad charges. That's kind of debunked by

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the fact that the the you know, articles of impeachment are are broader than

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the whistleblower claims, and they do
encompass articles related to those years old securities

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broad charges. So, um,
you know, but this is the explanation

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we've gotten from the House. Of
course, there's no doubt that there are

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you know, uh, when handling
something like this, Um, there are

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all kinds of political considerations in terms
of how you structure at the pacing,

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what you decide to go public with. UM. So you know, of

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course, the you know, House
leadership is not you know, pure as

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the driven snow here when it comes
to you know, bringing um. So

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you know, that's that that needs
to be said. Impeachment, as many

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people have noted, is is ultimately
a political act, local process, right,

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you know. And one kind of
phrase we have been hearing and I

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think will continue to be hearing is
forgiveness doctrine. Right this this idea that

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you know, a a aid to
Paxton kind of brought up that you can't

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be impeached for actions that happened after
the most I mean sorry, before the

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most recent election. All of these
things were known to the voters in twenty

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twenty two. The voters had choices. They could have elected one of three

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other Republican primary opponents of Ken Paxton. They could have elected a Democrat in

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the general election. They chose not
to do that. And so the question

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being A, is it appropriate,
you know, setting aside the law to

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kind of, you know, as
as paxson supporters have said, undo the

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will of the voters. And B
is it legal? You know, is

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there kind of precedent to suggest that
they should only be punishing him for things

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afterwards? You know, we don't
know whether there will be legal challenges,

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you know, we should say.
We're recording this at a little bit after

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three o'clock on Friday. Ken Paxson
has not spoken publicly. He released a

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statement, but he is giving a
press conference at four o'clock today and we

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might hear more about that. But
I mean, I think a lot of

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questions still being raised about the House's
processes and procedures and all this. Yeah,

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and the House tried to address this
in their memo, right Patrick.

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I mean they said that this quote
unquote forgiveness doctrine that they've thrown around.

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The Attorney General's office also has to
be said sent a lawyer to the General

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Investigative the committee saying, hey,
I want to testify we should have our

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fair say in this process, and
then argued to reporters because he was not

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allowed to testify, that the investigation
was illegal and that impeachment of an elected

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official is limited to alleged crimes made
before they were elected in office. But

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I think they stretched that to say
the last election is what they said.

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We've looked at the statue and it
says limited crimes or office. Of course,

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the House has said that doesn't apply
here, and they've shown their precedent

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here, so I don't know.
You know, the Attorney General has not

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been afraid of shall I say,
novel legal theories, so I would not

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be surprised if there was some type
of legal argument. In fact, as

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we're recording, there's a press conference
scheduled for later today, so we'll have

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to see what they say. But
yeah, a lot of moving parts to

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this happening right now. All right, let's pause for a him and hear

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in America. All right, Patrick, walk us through what happens next here

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the how does the impeachment process work? From the I guess recommendation that was

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made by the committee. So the
House General Investigating Committee says they intend to

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bring up the impeachment resolution at one
pm on Saturday and have a four hour

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debate over it, and so we
can have a you know, a vote

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to impeach Paxxton, you know,
as early as you know, five pm

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on Saturday. This could all be
done by then. And that vote,

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you know, as we've detailed on
the in all of our coverage, requires

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just a simple majority of the House
members. And so that right now,

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I believe is seventy six members,
and you already have sixty four Democrats who

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can be expected to vote as a
block to impeach Paxxton. So that means

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you only need I believe, twelve
Republicans. You already have three Republicans who

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have voted on the committee to recommend
us, and so it's it's very easy

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to see how you get to the
majority needed in the House. But I

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think if you're in House leadership,
you are you are trying to be mindful

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of this coming across as a Democratic
majority impeachment vote. And so while all

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Democrats are going to vote for impeachment, you want to have a sizable number

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of Republicans, probably ideally the majority
of the Republican caucus also vote for impeachment.

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You know, we've seen not that
this changes what the Constitution says about

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what the Senate has to do,
but we have seen the Lieutenant Governor Dan

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Patrick, you know, bock At
taking up things from the House that are

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predominantly fueled by Democratic votes. And
so I do think in terms of winning

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a public opinion battle, it probably
would be important for this to come out

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of the House with majority Republican support. That's a complicated kind of political situation

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here. You know, you have
a um an Attorney general who I think

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there has been sort of tepid concern
raised by you know, various Republicans and

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statewide and other offices from Texas about
Kim Paxton, but we have not seen

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really up until this week, Republicans
really kind of willing to kind of stick

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their neck out and you know,
all for Kim Paxton to resign or or

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you know, do anything like voting
for impeachment. What do you think,

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James, of the political dynamics the
differing incentives that the members of the House

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are going to have to consider here. Yeah, I mean, I think

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Patrick laated out very well. I
think GOP leadership in the House is probably

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cognizant of the fact that they don't
want this to be a supermajority of Democrats

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voting for this, probably want a
good decent amount of Republicans on there.

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Frankly, I don't know that that's
super far off. Like, I think

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that the way that the Committee has
presented its findings, the way it managed

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the investigation, you know, I
think a lot of Republicans in the House

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or scratching their heads and saying,
you know, you know what kind of

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sort of why didn't we do this
earlier? So it's no doubt a complicated

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issue, and you know, there's
probably lobbying going on on both sides,

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right, Like I mean, House
leadership, the Committee is probably lobbying and

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will be presenting their case Saturday.
And similarly, Ken Baxton probably lobbing folks

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and saying, hey, I didn't
even get a fair shake here. You

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know, you're overturning the will of
the voters. I hate to repeat that

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phrase, but you know, voters
did have a chance to vote in twenty

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or last year, and they overwhelmingly
re elected him, right, And I

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think this is a really tough vote. I think if you're a Republican anywhere

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in the legislature, even though we've
heard confidence that the votes exist in the

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House, I still think that this
is a This is a tough vote for

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Republican member of the legislature to defend
Um, you know, if they draw

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a primary challenge next cycle. Um. You know, we've seen repeatedly UM

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over the years with Paxston's scandals,
that primary voters are aware of them,

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but don't really are not really interested
in all the nitty gritty details because there

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are a lot of nitty gritty details. I mean, even even the whistleblower

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stuff, which is a little easier
to understand, you know, has so

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many different chapters and layers to it, and um, you know, the

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average voter, I think, you
know, gets lost in it sometimes.

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Whereas on the other side, Paxston
has a pretty politically neat and concise argument

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to make that it's a witch hunt. You know, it's like it's like

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Trump the way they went after UM, and so I think politically, it's

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it's it's it's a it's a difficult
vote for a lot of members to have

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to defend. Adding to that,
Patrick, he's like a huge conservative warrior,

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rock star for the grassroots. Um, you know you and I co

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wort that race. And what voters
would tell us is like he you know,

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people may not like him, people
may think he's you know, not

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you know, everybody's best friend,
but he's getting the conservative things that the

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grassroots want done and so and I
think he mentioned that in his UM in

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a couple of his statements, basically
saying like not these exact words, but

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the sentiment is like I am the
only thing standing between Texas and liberal Biden

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chaos basically UM. And I think
for a lot of Republican voters that is

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that is very true. I mean
it seems to me like what this needs,

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what needs to happen, if this
does happen, is you need Republicans

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to feel like they're all kind of
going to go in on this together and

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that no one's going to kind of
be stuck and like shouldering the blame as

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being like I'm the person who suck
my nag out and here with possibly the

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exception of feeling who is of course
being bashed and Andrew mur right, right,

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but you know, I feeling being
bashed by the right wing left and

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right over this already, but not
a particularly unusual position for him to be

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in. You know, he took
I would say, a similar level of

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heat for appointing you know, a
few Democratic committee chairs at the beginning of

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this session, to the extent that
you know, maybe he's He's the person

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who initiates this. And what I
think determines whether this goes forward or not

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is whether he can kind of keep
that momentum rolling without too many defections.

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Yeah, I think so, but
I think you know, he is used

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to this, but it is at
a more elevated level. But the other

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thing to talk about is the Senate. Right, So if they vote,

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which I think I think probably Republican
lawmakers do feel like they have the votes,

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it goes to the Senate and then
the Senate has to actually do the

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trial for removal. And the noteworthy
thing I think from last night Patrick,

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tell me if you agree, is
Lieutenant Governor Dan Patrick's interview with Jason Whiteley

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in which he did not throw water
on it. He was very cautious to

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say, I don't want to speak
too much about it because we want to

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remain objective jurors and it would be
inappropriate for us to say anything like that.

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There's other dynamics there with of course
Senator Angela Paxton Ken Paxton's wife.

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But I don't know Patrick, What
did you make of Dan Patrick's comment there?

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It struck me that he wasn't throwing
cold water run Yeah, I mean,

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and also he I mean, she's
sure he wasn't attacking it or blasting

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it or throwing cold water on it, but he wasn't also even saying like

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it's it's too premature. I mean, when he sat for that interview,

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we didn't even know if the articles
impeachment we're going to hit the house floor

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anytime soon. I mean, it
was just, you know, from a

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political perspective, seemed very cautious from
Patrick in a way that did not benefit

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Paxton. So yeah, I mean, it really honestly feels like I mean,

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I know, I'm a younger person, I don't have a lot of

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history of these kinds of things,
but it does does actually feel like the

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second trump impeachment after January sixth,
where the House, you know, impeached

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him, and there was that brief
period where it felt like the Senate may

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go along with it. I don't
know if you're remember, but you know

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the release of the New York Times
that Mitch McConnell was seriously considering whipping votes

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to remove Trump from all, you
know, to you know, go through

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through with us barring him from running
profess again. And it seemed like there

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was a brief period there where you
know, the Republicans could actually get rid

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of him once and for all.
And if I have a feeling we're gonna

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have be in the same situation if
the House votes to impeach, where it's

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gonna like really fall on Dan Patrick's
lap, and there's going to be a

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period where you know, it's you
know, Dan Patrick really holds all the

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cards and can really you know,
banish Ken Paxon from Texas political life for

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good. And so we'll see what
happens. And of course we should note

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it's a two thirds vote in the
Senate in order to essentially remove him from

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office. I mean, the other
interesting factor year is that, according to

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the Constitution, if he is impeached, Paxton must relinquish his duties immediately,

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essentially at least temporarily until the results
of the Senate trial. So I mean,

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we could have a situation where,
you know, twenty four hours from

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the point we're talking, Ken Paxton
at least, you know, for all

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intensive you know, at least for
a temporary period of time, is no

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longer kind of the acting Attorney General. Governor Abbott has the option, I

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believe it's may appoint kind of an
interim replacement in that circumstance. According to

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the Constitution, He of course,
is the last sort of factor in here.

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Has not really said anything. Unless
I'm mistaken about this, how do

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we evaluate Abbot's role in this?
And and you know, maybe does he

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even really need to say anything?
Patrick, you've talked to I think yeah.

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I mean, look, journalistically,
we're staying on top of him,

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trying to get a comment out of
him, and you know, our readers

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in a public deserve you know,
transparency, and is thinking on this politically

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totally different thing. I mean,
there's no there's no real political incentive I

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see for Abbott to put his fingerprints
on this quite yet. I mean,

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as we're seeing right now. You
know, without Abbott's public, you know

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comments, the House has been able
to get articles of impeachment on the precipice

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of a floor vote, and which
would imply that they have the votes.

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And so you know, at this
point, you know, from political perspective,

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um, you know, I don't
think it, you know, makes

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sense for you know, I don't
think Abbott has to weigh in to have

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any influence on the process. Yeah, and it's it's I mean, it's

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quite frankly, it's chaos out there
because you do have some people saying like,

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well, yes, we should consider
these things. But you know,

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the Republican Party of Texas, no
small player in this, has come out

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and said the impeachment is basically a
shampum, and so there is a part

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of the base. The official Republican
Party of Texas's stance is that they stand

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with Ken Paxton. And so there
is division, there is chaos, and

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we're in for a very interesting next
twenty four hours. I think. Yeah,

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you know, they're moving very quickly
on this. We just found out

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about this a few days ago.
We're looking at a vote on Saturday.

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I mean, I do kind of
wonder about the pace right, it's part

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of that designed to kind of keep
the like drumbeat of conservative pushback from scaring

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members out of votes or anything like
that. You know, I mean,

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if you you know, you mentioned
the GOP. We also heard Donald Trump

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Junior kind of tweet out something in
support of Paxiston can ritten House not exactly

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kind of the dream team of Republican
support. But you know, some people

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who conservatives, hardline conservatives pay attention
to as well. And if you were

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to start to see more folks,
if you were to see some kind of

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major political figures speak out, that
could possibly sway things one way or the

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other. Right, Kyle Rittenhouse,
Texan question markt But yes, to your

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point, I mean, yes,
there is a lot of there's a lot

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going on here. It's not just
those voices that you're pointing out. There's

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00:24:18,240 --> 00:24:22,799
also a lot of anonymous voices,
right, Patrick, of like these perhaps

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dark money groups sending out attacks against
the speaker now saying like hey we did

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we don't need to get rid of
of Attorney General Paxton. So you know,

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the chess pieces are being played and
they are moving. So yeah,

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it's people buckle up, I guess, yeah, you know, we'll say,

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and this was I made this point
in story wrote this morning just because

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it feels like the you know,
at least my tones put a little cynical

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towards the House throughout this podcast.
But it is a huge deal and you

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know, a rare moment of political
boldness or courage for the House to go

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this Throughoute I mean as well be
you know, it's Republicans in Texas have

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largely looked the other way for years
and years on Paxton. And you know,

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in doing this, the House is
abruptly changing that arch of history or

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seeking a change at the archipistry.
No Attorney general in the yeah, in

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the history of Texas has Satburn beachment. So it's a big move. It

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is a big move, and it
is something we will be closely watching over

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the weekend. A note to listeners
if you enjoyed the trip cast, I'm

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00:25:27,039 --> 00:25:30,960
sure we'll be talking about this on
Monday when we have our live trip cast

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00:25:32,039 --> 00:25:37,079
at ten am at the Texas Tribune
Studios nine one nine Congress Avenue in Austin

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00:25:37,200 --> 00:25:41,240
downtown, just a few blocks away
from the Capitol. So visit Texas Tribune

335
00:25:41,319 --> 00:25:47,200
dot org slash events if you'd like
to come participate in that. In the

336
00:25:47,240 --> 00:25:49,359
meantime, we'll let y'all go because
we got a press conference in twenty nine

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00:25:49,359 --> 00:25:53,039
minutes, and you know this,
a lot could change in the next twenty

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00:25:53,039 --> 00:25:56,559
four hours. So thank you Patrick, thank you James, thank you to

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00:25:56,559 --> 00:26:02,839
our producer Justin, and thank you
to our sponsor is UT Arlington bp Lone

340
00:26:02,839 --> 00:26:07,240
Star College and the Texas Tech University
Health Sciences Center. We'll talk to y'all

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00:26:07,279 --> 00:26:18,480
soon. Get ready to explore the
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