Texas AG Ken Paxton pleads not guilty at impeachment trial then leaves as arguments get underway

AUSTIN, Texas (KTRK) -- A historic impeachment trial is getting underway in Austin on Tuesday as 31 Texas senators hold the political future for suspended Attorney General Ken Paxton in their hands.

Lt. Gov. Dan Patrick, acting as the judge, ruled Paxton will not be forced to testify.

"Watching how the prosecution and defense play to the jurors in the room, it's also going to be interesting to see how the Lieutenant Governor jockeys his position as presiding officer," Jessica Colon, a Republican political strategist, said.

The trial could last two to three weeks.

It could've ended before it started. Paxton's attorneys filed pre-trial motions, which were discussed on the first day of the trial.

A majority vote was needed to deny the motions. All motions were rejected, and it wasn't close.

The majority of measures were defeated by more than two-thirds. In order to convict Paxton, two-thirds of the senators will have to vote that way.

Mark Jones, a political science professor at Rice University, said the pre-trial motion vote could be telling for how the trial will end.

"While we have up to two or three weeks of trial to go, the writing's on the wall. Ken Paxton will be impeached," Jones said. "Greg Abbott will appoint a new attorney general."

Before a verdict is reached, lawmakers will hear hours of testimony, and each side has 24 hours to present evidence.

One person who may not hear any of the evidence is Ken Paxton. After being present in the chamber for the pre-trial motions, and entering not-guilty pleas, Paxton was not present as the trial started.

His attorney, Tony Buzbee, laid out the case against impeachment. He said this was brought on after Paxton called House Speaker Dade Phelan out for being drunk on the House floor in May, something Phelan denies.

"Remember, the burden of proof is not we throw out allegations and you say, 'Oh, that sounds sexy. I'm voting for impeachment.' They have to prove their case by the numbers, by the numbers beyond a reasonable doubt," Buzbee said. "They won't be able to do that."

Buzbee isn't the only Houston attorney. Rusty Hardin is working as a prosecutor with House members presenting their case for impeachment.

State Rep. Andrew Murr is the chair of the House Board of Managers. He took less than 20 minutes to make an opening statement and said their case was better left for the evidence.

"You all provided us with an hour to make an opening statement, but we prefer to yield back the rest of that time to the most important folks that will show up in this room, the witnesses," Murr said.

It's unclear if Paxton will show up for future trial days, but we know he won't have to testify.

ABC13's Tom Abrahams and Nick Natario are in Austin for complete coverage of the trial.

SEE RELATED STORY: Here's how impeachment trial for suspended Attorney General Ken Paxton will operate