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The conflict over Paxton’s invocation of the prior term doctrine and its incorporation of the notion of the granting of forgiveness by an informed electorate directly invites attention to what public opinion polling suggests about public awareness of the now-suspended Attorney General’s various legal and ethical problems.īroadly speaking, public opinion inevitably informs the intersection of legal and political processes at work in Paxton's impeachment and trial. The “prior-term doctrine” is one of the issues at the center of Paxton’s early, sweeping motion to dismiss all but one of the impeachment charges leveled against him by the Texas House, and received a forceful rebuttal from the House managers in subsequent motion in response.
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The concept is also sometimes called the forgiveness doctrine, derived from the idea that the informed electorate envisioned in this scenario have implicitly forgiven the official by reelecting them. Among the many points of contention between suspended Attorney General Ken Paxton and the House managers prosecuting his impeachment trial in the hundreds of pages of motions filed so far is the “prior term” doctrine, which holds that elected officials cannot be removed from office by an impeachment process for offenses committed prior to being elected to office if the public was aware of the acts that constitute the grounds for impeachment.