Judge Rejects Efforts by Texas Gov. Abbott and Attorney General Paxton to Dismiss Records Suit

The Travis County District Court has denied Texas Gov. Greg Abbott’s and Attorney General Ken Paxton’s request to dismiss a public records lawsuit brought by American Oversight. 

In June 2022, American Oversight sued Abbott’s and Paxton’s offices for failing to release several sets of records, including email communications with gun industry lobbyists and supporters following the Uvalde shooting, as well as any emails sent by Paxton around the Jan. 6 insurrection, when Paxton spoke at the “Stop the Steal” rally near the White House.

In attempting to dismiss American Oversight’s lawsuit, Abbott and Paxton took a position that would have eviscerated the public’s ability to enforce the state’s Public Information Act and limited public oversight of Texas government. Paxton and Abbott argued that by responding to American Oversight’s requests — despite those responses including implausible claims that certain records don’t exist or are entirely protected from disclosure — the offices had fulfilled their obligations under the state’s public records law and are thus shielded from being sued under the doctrine of sovereign immunity.

In a January letter explaining her decision, Judge Daniella DeSeta Lyttle pointed to open questions about how Abbott and Paxton were classifying “official business” related to “very visible issues under their oversight,” as well as about whether any of the records were incorrectly withheld under attorney-client privilege.

“We applaud the court for rejecting Gov. Abbott’s and Attorney General Paxton’s extreme effort to avoid public accountability,” said American Oversight Executive Director Heather Sawyer. “The people of Texas are entitled to know what their public officials are doing and why, particularly on issues as important as the Uvalde shooting and the events of January 6. Gov. Abbott and Attorney General Paxton should stop fighting to keep public records hidden and release the documents that we’ve requested.”

In 2022, American Oversight requested both Abbott’s and Paxton’s communications with the National Rifle Association and other gun groups from the days after the school shooting in Uvalde, when Abbott canceled a scheduled appearance at an NRA convention in Houston and instead sent a video message. His office told American Oversight that no such records of communication exist. 

American Oversight also filed requests for texts and emails sent to or from Paxton from any non-governmental email address and for his communications from around Jan. 6, 2021. Paxton has withheld nearly all records responsive to these requests as attorney-client privileged.

American Oversight will continue to fight for government transparency in Texas. More information on American Oversight’s other investigations in Texas is available here.