Texas Gov. Greg Abbott doesn’t want to reveal months of communications with Elon Musk or representatives from the tech mogul’s companies, arguing in part that they are of a private nature, not of public interest and potentially embarrassing.
Musk had an eventful legislative session in Texas this year. In addition to his lobbyists successfully advocating for several new laws, Abbott cited the Tesla and SpaceX CEO as the inspiration for the state creating its own efficiency office and has praised him for moving the headquarters for many of his businesses to the state in recent years.
As part of an effort to track the billionaire’s influence in the state Capitol, The Texas Newsroom in April requested Abbott and his staff’s emails since last fall with Musk and other people who have an email address associated with some of his companies.
Initially, the governor’s office said it would take more than 13 hours to review the records. It provided a cost estimate of $244.64 for the work and required full payment up front. The Texas Newsroom agreed and cut a check.
After the check was cashed, the governor’s office told The Texas Newsroom it believed all of the records were confidential and asked Texas Attorney General Ken Paxton, whose office referees disputes over public records, to allow the documents to be kept private.
Matthew Taylor, Abbott’s public information coordinator, gave several reasons the records should not be released. He argued they include private exchanges with lawyers, details about policy-making decisions and information that would reveal how the state entices companies to invest here. Releasing them to the public, he wrote, “would have a chilling effect on the frank and open discussion necessary for the decision-making process.”
Taylor also argued that the communications are confidential under an exception to public records laws known as “common-law privacy” because they consist of “information that is intimate and embarrassing and not of legitimate concern to the public, including financial decisions that do not relate to transactions between an individual and a governmental body.”
He did not provide further details about the exact content of the records.
The language Abbott’s office used appears to be fairly boilerplate. Paxton’s office, in an explanation of the common-law privacy exception on its website, mentions that “personal financial information” that doesn’t deal with government transactions “is generally highly intimate or embarrassing and must be withheld.”
But Bill Aleshire, a Texas-based attorney specializing in public records law, was appalled that the governor is claiming that months of emails between his office and one of the world’s richest people are all private.
“Right now, it appears they’ve charged you $244 for records they have no intention of giving you,” Aleshire said. “That is shocking.”
Aleshire said it’s not unusual for government agencies to tap the common-law privacy exception in an attempt to withhold records from the public. But he’s used to it being cited in cases that involve children, medical data or other highly personal information — not for emails between an elected official and a businessman.
“You’re boxing in the dark,” Aleshire said. “You can’t even see what the target is or what’s behind their claim.”
Aleshire added that due to a recent Texas Supreme Court ruling, there is effectively no way to enforce public records laws against Abbott and other top state officials. He called the decision an “ace card” for these politicians.
Those of you who had “Greg Abbott publicly admits to sharing intimate emails with Elon Musk” on your 2025 Bingo cards, please come collect your winnings. Part of me would love to see the fanfic/Archive Of Our Own army unleash themselves on this writing prompt, just to see how unhinged it could get, while the rest of me would rather get a lobotomy than contemplate any of this more deeply. Some voids should just not be gazed into, you know?
Be that as it may, the reason Abbott may not have to release these emails, which let’s face it sure seem like basic transparency, is because of a recent SCOTx decision shielding Abbott and Ken Paxton from having to release their emails relating to Uvalde. We labor under a lot of forced ignorance in this state, and I don’t see that changing anytime soon. But we’ll see in the next 45 days if that applies in this case, for which the AG’s office gets to decide. Don’t hold your breath, that’s my advice.
Oh, and by the way, the special session includes an item added by Abbott to ban cities and counties and school districts from hiring lobbyists to advocate for their interests before the Legislature. But Elon Musk can spend as much as he wants on them to make sure he gets all the goodies he wants. That’s the kind of government Greg Abbott likes. The Barbed Wire has more.