San Antonio Express-News (Sunday)
AG Paxton’s secrecy over lawsuit a slap to taxpayers
The attempts of indicted Attorney General Ken Paxton to keep secret the cost of bringing a frivolous lawsuit in a disastrous attempt to overturn the 2020 presidential election is yet another public disservice.
All we know at this point is state taxpayers are footing a $12,000 bill for printing charges. Paxton has refused to reveal much else about the litigation’s expenses, asserting the information is exempt from disclosure. In other words, this public official doesn’t think the public gets to know how much his office spent trying to overturn the presidential election.
Why aren’t taxpayers allowed to know how Paxton has squandered their money to erode democracy?
We can’t believe we have to even ask such a question, but we can’t believe in 2018 voters chose Paxton over the supremely qualified Justin Nelson, valedictorian of Columbia Law School and legal ninja. But we digress.
Paxton’s lawsuit was summarily denied by the U.S. Supreme Court, which found Texas lacked legal standing.
The lawsuit, which 17 state Republican attorneys general had joined and 126 Republican members of Congress supported, had sought to throw out election results in four battleground states that had gone for Presidentelect Joe Biden.
Paxton’s lawsuit argued emergency pandemicrelated election rule changes that were adopted by governors or other officials without the approval of state legislatures were unconstitutional. He also made unsubstantiated
claims of voter fraud.
Besides the printing charges, it is unclear what other costs might be associated with the case. The state was represented pro bono by special counsels Lawrence Joseph and Kurt Olsen, Hearst Newspapers reports. Even so, taxpayers need to know the price tag on that donated legal work.
Is Paxton reporting it as a political contribution? Texas taxpayers have the right to know. It is all about maintaining an open government and accountability.
Hearst Newspapers requested information on the litigation in early December, as did state Rep. Chris Turner, who chairs the House Democratic Caucus, the Fort Worth Star-Telegram and a member of the public. The requests also asked for communications between the office and the Trump administration, the Trump legal team and any other affiliates.
Turner has blasted Paxton for using public funds in an attempt to “overturn a free and fair election.”
“Through an incomplete response to my public information request, we have so far learned that the taxpayers of Texas are on the hook for about
$12,000 in printing costs for a bogus lawsuit that was dismissed out of hand by the U.S. Supreme Court. In reality though, the price paid by Texas and America is far greater. Ken Paxton’s lawsuit was an assault on our democracy, plain and simple,” Turner said.
We find it deeply troubling that the denial of the request for the lawsuit cost information is being handled by Paxton’s own employees.
The attorney general’s office is seeking a ruling from Paxton’s open government division on whether some of the records are required to be disclosed under the Texas Public Information Act. Where are the checks and balances on this?
What this all means is there will likely be further litigation to keep the information secret, meaning the tab to taxpayers will only continue to increase.
This isn’t exactly surprising, unfortunately. Paxton spoke at the “Save America” rally before the insurrection and hasn’t joined letters from other attorneys general condemning the insurrection. As the president might say, it is what it is.