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Two staffers who accused Texas Attorney General Ken Paxton of crimes leave the agency

Darren McCarty, deputy attorney general of civil litigation, has resigned.

Updated Wednesday at 4:15 p.m. with information about the departure of the final employee who has accused Ken Paxton of crimes. Tuesday, October 27 at 9:53 a.m. with information about the departure of two more employees.

AUSTIN — All of the seven staff members who recently accused Texas Attorney General Ken Paxton of serious crimes have left state employment or been sidelined.

Deputy First Assistant Attorney General Ryan Bangert confirmed Wednesday that he submitted his resignation. He was the final employee to accuse Paxton left working full time at the agency.

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“It has been my honor and privilege to serve alongside the men and women of the Office of the Attorney General. They are a credit to our great state, and I am proud to have been counted among them,” Bangert told The Dallas Morning News.

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The News confirmed Monday that Darren McCarty, deputy attorney general of civil litigation, also resigned this week. He declined to comment further.

Paxton, a Republican in his second term, is accused by senior staff members of serious crimes related to his relationship with real estate developer and campaign donor Nate Paul. Seven of the agency’s most senior employees recently reported Paxton to the agency’s human resources director and law enforcement after they said he used the office in attempts to help Paul several times in the last year.

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With McCarty and Bangert’s departure, all of the seven staff members who raised concerns about Paxton’s behavior have now left his agency or been sidelined. Two resigned, two were put on leave and according to The Texas Tribune and Houston Chronicle, two were fired.

Paxton denies wrongdoing and has instead pointed the finger at the employees, who he called “rogue.” Top GOP officials, including Gov. Greg Abbott, have said the allegations against Paxton are concerning. Paxton said he will not step down amid the uprising and plans to run for re-election in 2022.

On Tuesday, The News also confirmed Human Resources Director Greg Simpson will retire at the end of the month. Reached by phone, Simpson confirmed his departure but would not comment on whether it had anything to do with the uprising inside the agency.

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The agency also announced the retirement of Chief of Staff Katherine “Missy” Cary this month after 30 years in state government service, according to a monthly newsletter distributed to agency employees. Cary became the first woman to hold that position when Paxton promoted her in May 2016.

The News was unable to reach Cary on Tuesday. Her LinkedIn profile seems to indicate she has already left the agency.

The departures further deplete leadership at the agency, which is charged with acting as the state’s law firm. The News asked the agency for comment on filing the vacant positions but did not immediately receive a response back.

Michael Maslanka, an expert on the Texas whistleblower law, said the employees who raised concerns about Paxton’s behavior have strength in numbers if they decide to sue the state for retaliation.

“They will probably join together and file one lawsuit,” said Maslanka, an assistant professor at the University of North Texas at Dallas College of Law. “That’s not good for the attorney general’s office.”

In addition to McCarty, Paxton’s second in command, Jeff Mateer, also resigned from the agency. The two employees who were fired are Lacey Mase, former deputy attorney general for administration, and James “Blake” Brickman, who was deputy attorney general for policy and strategic initiatives. Two other deputy attorneys general, Ryan Vassar and Mark Penley, are on forced leave.

Maslanka said Vassar and Penley may not yet have the ability to sue under the state’s whistleblower law, unless they can show Paxton lowered their pay, reduced their responsibilities or otherwise retaliated against them. McCarty and Mateer, even though they weren’t fired, could sue if they argue that they resigned because Paxton created a hostile work environment due to their allegations, Maslanka said.

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Given what’s been reported, he believes the employees have a good case against Paxton.

They checked all the boxes necessary to sue the state, he said, including reporting their concerns to law enforcement. Some were also promoted or received merit raises before their sudden resignation or firing, he added, which could bolster their arguments.

Finally, Maslanka said it is important that Brickman and Mase were fired within weeks of accusing Paxton. If they choose to sue, the close timing could help their argument that they suffered retaliation because of their actions.

“You can pick them off. But everybody at once?” Maslanka said. “The optics don’t look good — and they don’t look good for the attorney general.”

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If they choose to sue and prevail, the employees could seek back pay and compensation for other expenses incurred after leaving state employment.