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Why Texas Governor Greg Abbott Is Keeping His Emails with Elon Musk Under Wraps — ProPublica

"Behind Closed Doors: The Hidden Communications Between Texas Governor Greg Abbott and Elon Musk"

Texas Governor Greg Abbott’s Communications with Elon Musk Under Scrutiny

Austin, TX — Texas Governor Greg Abbott is facing scrutiny over his refusal to disclose communications with billionaire entrepreneur Elon Musk and representatives from his companies, including Tesla and SpaceX. This controversy arises amid ongoing discussions about transparency and the influence of powerful figures in state politics.

Background

In April, The Texas Newsroom submitted a public records request for emails exchanged between Abbott and Musk, as well as other individuals associated with Musk’s companies. This request aimed to investigate the extent of Musk’s influence during the recent legislative session, where several laws beneficial to his businesses were passed.

Initially, the governor’s office estimated that fulfilling the request would take over 13 hours and cost $244.64. After payment was made, Abbott’s office reversed course, claiming that all records were confidential and sought the Texas Attorney General Ken Paxton’s approval to keep them private.

Reasons for Withholding Records

Matthew Taylor, Abbott’s public information coordinator, cited several reasons for withholding the records. He argued that they contain private exchanges with legal counsel, details about policy-making decisions, and sensitive information regarding how the state attracts business investments. Taylor asserted that releasing these communications could deter open discussions essential for effective governance.

Additionally, he invoked the "common-law privacy" exception, claiming the records include intimate and potentially embarrassing information that lacks legitimate public interest. This exception is typically applied to highly personal data, such as medical records or information about minors, raising eyebrows among legal experts.

Legal Perspectives

Bill Aleshire, a Texas attorney specializing in public records law, expressed concern over the governor’s broad application of privacy claims. "It is shocking that they would charge for records they have no intention of releasing," Aleshire stated, emphasizing that such claims are usually reserved for more sensitive information.

The issue is compounded by a recent Texas Supreme Court ruling that limits the enforcement of public records laws against high-ranking officials like Abbott and Paxton. This ruling has been criticized as a significant barrier to transparency, effectively granting these officials an "ace card" in disputes over public records.

Musk’s Position

In a letter to Paxton’s office, Kevin Bagnall, a lawyer representing SpaceX, echoed the governor’s concerns, arguing that the emails contain commercial information whose disclosure could harm SpaceX’s competitive standing. However, much of Bagnall’s correspondence was redacted, leaving the specifics of these claims unclear.

Musk and his representatives have not publicly commented on the matter, and Abbott’s office has not responded to inquiries regarding the potential refund for The Texas Newsroom if the records are withheld.

Next Steps

Under Texas law, the attorney general’s office has 45 business days to determine whether Abbott’s records should be released. As the situation unfolds, it raises critical questions about the balance between public interest and private communications in governance.

This case highlights ongoing tensions in Texas regarding transparency, accountability, and the influence of powerful individuals in shaping state policy. As the public awaits a decision from the attorney general, the implications of this case could resonate far beyond the immediate parties involved.

For ongoing updates, readers can subscribe to newsletters from ProPublica, The Texas Newsroom, and The Texas Tribune, which are collaborating to report on the dynamics of power in Texas.

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