Lawyers for Texas Attorney General Ken Paxton filed motions late Monday to throw out the criminal case against him in Collin County, citing alleged flaws with the grand jury process that led to his indictment.
Paxton, who took office in January, is charged with three felony counts.
Paxton claims the judge who had presided over his case, Collin County District Court Judge Christopher Oldner, told his wife about Paxton's indictment while it was still sealed and that his wife then revealed the secret to others.
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In a motion, Paxton also claimed Oldner improperly impaneled the grand jury by asking potential members if they were willing to serve, even though the law does not allow willingness to serve as a qualification.
Paxton also said the judge violated state law by keeping the grand jurors' names secret.Oldner recused himself from the case soon after the indictment was made public but has never explained publicly why he withdrew.
Oldner could not immediately be reached for comment late Monday but the special prosecutors issued a statement.
"Because Mr. Paxton's motions accusing Judge Oldner and the special prosecutors of misconduct are so clearly baseless, neither merits comment," the statement said.
Tarrant County District Court Judge George Gallagher now presides over the case.
Paxton was indicted in July on two counts of securities fraud and one count of acting as an investment advisor without being registered with the Texas Securities Board.