San Antonio Express-News (Sunday)

AG Paxton’s secrecy over lawsuit a slap to taxpayers

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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.

 ?? Jacquelyn Martin / Associated Press ?? Indicted Attorney General Ken Paxton speaks at the “Save America Rally” on Jan. 6. His office hasn’t released the full cost of his lawsuit to subvert the presidenti­al election, which would have ruined America.
Jacquelyn Martin / Associated Press Indicted Attorney General Ken Paxton speaks at the “Save America Rally” on Jan. 6. His office hasn’t released the full cost of his lawsuit to subvert the presidenti­al election, which would have ruined America.

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