November 12, 2024
Texas Attorney General Ken Paxton has filed a lawsuit against U.S. Attorney General Merrick Garland and the Department of Justice (DOJ), aiming to secure a preservation order that would prevent any potential destruction of records related to Special Counsel Jack Smith’s investigation into former President Donald Trump. This legal move comes after Paxton submitted a Freedom of Information Act (FOIA) request seeking access to documents and communications regarding Smith’s probe.
In the lawsuit, Paxton argues that the destruction of records has been an issue in previous special counsel investigations, raising concerns about transparency and accountability within what he describes as a “weaponized” justice system under the current administration. Paxton contends that past special counsels, such as Robert Mueller, have destroyed investigation records, which he claims led to a lack of accountability.
“Past Special Counsels, including—notoriously—Robert Mueller, destroyed records at the end of their investigations to avoid accountability. It is not clear why nobody was prosecuted for doing so,” Paxton stated. “This request is part of my Office’s efforts to ensure that Americans are not cheated out of accountability or information again. This pattern of weaponizing the justice system for partisan retribution must end.”
The Texas AG’s office is requesting a waiver of all fees related to the FOIA request, asserting that the request is in the public interest. According to Paxton’s letter, the information sought would help the public better understand the activities of the Special Counsel’s Office, particularly given Trump’s recent re-election as the 47th President of the United States.
The lawsuit also highlights Paxton’s fears that critical records may be deleted, either due to intentional actions or as part of routine procedures, before the requested documents can be accessed. The lawsuit claims that Special Counsel Jack Smith’s investigation has incurred substantial taxpayer costs, with reports indicating that his team has spent more than $50 million investigating Trump.
Since his appointment in November 2022, Smith has pursued multiple high-profile cases against Trump. These have included federal indictments related to classified documents stored at Trump’s Mar-a-Lago estate and additional charges stemming from alleged efforts to delete security footage from the property. Smith’s team also brought charges against Trump related to his actions on January 6, including conspiracy to defraud the United States and obstruction of an official proceeding.
In his Monday filing, Paxton emphasized that he would not allow the federal government to “sweep under the rug” what he describes as politically motivated investigations. “The American people deserve transparency, and those responsible for these unlawful witch hunts must not destroy the evidence of their own misdeeds,” Paxton asserted.
The Texas AG’s suit expresses skepticism about the DOJ’s commitment to preserving records, noting that Smith’s team is alleged to have operated under levels of secrecy that rival those of the Mueller investigation. It also argues that preserving the records is essential to restoring public trust in government agencies.
The DOJ has not yet responded to Paxton’s lawsuit, and it remains unclear whether the court will grant the requested preservation order.
Sources
- Axios (2021)
- The Washington Post
- Freedom of Information Act (FOIA)
