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What is Ken Paxton hiding?

I was almost tempted to start this post with the rhetorical “Just when you think Ken Paxton couldn’t sink any lower” gambit, but then I realized I have never thought Ken Paxton couldn’t sink any lower. Even with that, this is amazing.

Best mugshot ever

The Texas attorney general’s office is attempting to withhold all messages Ken Paxton sent or received while in Washington for the pro-Donald Trump rally that devolved into a riot at the U.S. Capitol.

Several news organizations in Texas have requested copies of the attorney general’s work-related communications. The Texas Public Information Act guarantees the public’s right to government records — even if those records are stored on personal devices or online accounts of public officials.

After Paxton’s office refused to release copies of his emails and text messages, The Texas Tribune and ProPublica, The Austin American-Statesman, The Dallas Morning News, The Houston Chronicle, and The San Antonio Express-News are working together in an effort to obtain the documents and review Paxton’s open-records practices.

The news outlets discovered that Paxton’s office, which is supposed to enforce the state’s open records laws, has no policy governing the release of work-related messages stored on Paxton’s personal devices. It is unclear whether the office reviews Paxton’s email accounts and phones to look for requested records, or whether the attorney general himself determines what to turn over without any outside checks.

[…]

Amid a massive FBI investigation into the Capitol riot, the public has been eager to understand why and how their elected officials attended the rally. Paxton has refused to release his communications about the event, which could illuminate his real-time reaction to the riot, who booked him as a speaker for the rally and who covered his travel expenses.

As Texas attorney general, Paxton oversees an office of lawyers who determine which records are public or confidential under the law. Any government body in Texas, from police departments to the governor’s office, must seek the agency’s approval to withhold records from the public.

The Houston Chronicle and The Dallas Morning News have requested all of Paxton’s messages from Jan. 5 to Jan. 11. Lauren Downey, the public information coordinator at the Office of the Attorney General, said she didn’t need to release the records because they are confidential attorney-client communications.

Downey sought confirmation from the agency’s open records division, arguing the messages included communications between the attorney general’s executive leadership and its criminal prosecution division to discuss litigation, as well as texts between Paxton and a lawyer in the attorney general’s office regarding “legal services to the state.”

The open records division has 45 business days to issue a ruling on whether the communications should be open to the public. That decision is pending.

James Hemphill, a lawyer and open records expert who serves as a board member of the Freedom of Information Foundation of Texas, said the records described by Downey appear to fall under confidential communications. But it’s odd, he added, that Paxton would have no other routine emails or texts during that six-day time frame that could be released.

“It would seem unusual for every single communication made by any kind of lawyer to be subject to attorney-client privilege,” Hemphill said, cautioning he hasn’t seen the records himself.

Downey also told the Chronicle that the attorney general’s office does not have any written policy or procedures for releasing public documents stored on Paxton’s personal devices or accounts.

It’s a long story involving multiple news outlets, as well as Paxton’s Utah trip during the freeze, which he appears to have been lying about. Part of the problem here is Ken Paxton’s utter contempt for the rule of law, and part of it is that there’s no obvious mechanism for holding him accountable. Filing a lawsuit may eventually result in some of this information turning up – assuming Paxton doesn’t just delete it all, while citing a data retention policy to back his actions up – but who knows how long that could take. For sure, the Republican legislature isn’t going to do anything. The voters get the ultimate say, but that’s a long way off as well, and as long as this communication is being withheld, they don’t have the full story. I know that you already know this, but Ken Paxton is the worst. See Lauren McGaughy’s Twitter thread for more.

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