Ken Paxton should release records related to Trump’s Jan. 6 rally, the DA said

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Travis County district attorney learned Thursday that Attorney General Ken Paxton violated the state’s open records law by not returning his communications since last January when he visited Washington, DC, for a pro-Trump rally that preceded the January 6, 2021, attack on the U.S. Capitol.

The district attorney’s office gave Paxton four days to return the documents or face a lawsuit. The action was prompted by a Jan. 4, 2022, complaints by top editors at the state’s five largest newspapers: the Austin American-Statesman, The Dallas Morning News, the Fort Worth Star-Telegram, the Houston Chronicle and the San Antonio Express-News. Journalists argued that Paxton was withholding communications from the days surrounding Paxton’s trip to Washington last year that were subject to public release under the state’s open records law.

The Texas Public Information Act gives the public the right to government records, whether those stored on personal devices or in the online accounts of a public official.

Jackie Wood, director of public integrity and complex crimes at the Travis County District Attorney’s Office, agreed with reporters and delivered her decision in a letter to Paxton’s office on Thursday. The letter said Paxton’s office broke Texas open records laws by withholding or failing to maintain communications that could be released under the law.

Paxton did not immediately respond to requests for comment Thursday night by phone and email.

Paxton led a failed attempt to reverse the 2020 presidential election, joining another GOP attorney general in a lawsuit aimed at overturning Democrat Joe Biden’s swing state victories. He and his wife, state Sen. Angela Paxton, R-McKinney, addressed a pro-Trump rally on Jan. 6. Members of the majority, provoked by false claims of voter fraud, eventually stormed the Capitol, fought riot police and threatened to lawmakers as they disrupted Congressional certification of Biden’s victory against former President Donald Trump.

Typically, the Texas attorney general’s office enforces the state’s open record law. But when an open record complaint is filed against a state agency, the law says the Travis County district attorney or the attorney general must handle them.

In this case, the newspapers went to Travis County District Attorney José Garza, a Democrat. Paxton is a Republican.

The complaints stem from Paxton’s office decisions to claim attorney-client privilege to prevent the disclosure of every email and text sent by the attorney general in the days surrounding the January attack on the U.S. Capitol. . 6, 2021.

Separately, the U.S. House committee investigating the events on Jan. 6 requested communications between Trump and Paxton in August. That request was part of a series of letters seeking materials from the National Archives and Records Administration, FBI, Department of Homeland Security and other executive agencies.

In their complaint to the Travis County district attorney, the newspaper’s editors said Paxton failed to keep and return government communications he made on his personal cellphone. They also complained that Paxton reversed other people’s communications in response to requests for his text messages.

The Travis County district attorney’s decision adds to Paxton’s political problems. The two-term Republican is seeking re-election this year but faces stiff competition from three other GOP challengers: Land Commissioner George P. Bush, former Texas Supreme Court Justice Eva Guzman and U.S. Rep. Louie Gohmert.

The three criticized the incumbent for several legal issues he faces, including a six -year -old securities fraud case that has plagued him since his first year in office. He surpassed that to win the election again in 2018. But in October 2020, eight of his former top representatives accused him of bribery and misuse of office. A few weeks later, all eight representatives were fired or resigned from the attorney general’s office.

Four of those whistleblowers are now suing Paxton under state whistleblower law. They seek compensation for lost wages and other damages, and some seek to be restored to their former positions.

Paxton is also under FBI investigation for allegations registered by whistleblowers.

He denied wrongdoing in all of these cases.

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