The Texas Supreme Court is weighing whether to compel Governor Greg Abbott and Attorney General Ken Paxton to release emails and texts under the Public Information Act.
The state’s highest court heard oral arguments in the case on Wednesday.
Why It Matters
The state’s Public Information Act requires governmental agencies to release information upon request unless the agency determines the information is excepted from disclosure.
What To Know
American Oversight submitted several public records requests to the offices of Abbott and Paxton for communications related to the Jan. 6, 2021, Capitol riot and the 2022 elementary school shooting in Uvalde.
American Oversight describes itself as a “nonpartisan, nonprofit watchdog that advances truth, accountability, and democracy by enforcing the public’s right to government records” on its website.
Three records requests were submitted to Abbott’s office and four were submitted to Paxton’s office between March 2021 and June 2022.
Abbott’s office told the nonprofit that it found no responsive public documents for emails and texts between officials in the governor’s office and gun groups between late May 2022 and early June 2022.
The Open Records Division released 100 pages of text messages with redactions “pertaining to official business” sent or received by Abbott from January 2021 to early February 2022. The division determined that other information was exempt from disclosure due to pending litigation, competitive business advantage, attorney-client privilege, policymaking processes and homeland security.
Paxton’s office released some records from American Oversight’s requests, but others were considered privileged attorney-client communications.
Paxton’s office said it found no records responsive to a request for emails and texts between officials from the attorney general’s office and gun groups from late May 2022 to early June 2022.
American Oversight filed a lawsuit in Travis County District Court in June 2022, accusing the state of failing to release all responsive, nonconfidential records.
The government challenged the court’s authority to hear the case, but the district court and an appeals court allowed the case to proceed.
What People Are Saying
Catherine Robb, an attorney representing American Oversight: “These are all the offices that have this information, and if they are excluded from judicial review, this court is essentially writing in something that says, ‘Judicial review is great for everyone but not for these highest offices.’”
Assistant Solicitor General Beth Klusmann, representing the government: “American Oversight’s disbelief that it has received all responsive and nonprivileged documents does not create mandated jurisdiction.”
What Happens Next
The Texas Supreme Court has not released its ruling on the case yet.
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