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This text is co-published with The Texas Newsroom and The Texas Tribune as a part of an initiative to report on how energy is wielded in Texas.
Texas Gov. Greg Abbott doesn’t need to disclose months of communications with Elon Musk or representatives from the tech mogul’s firms, arguing partially that they’re of a non-public nature, not of public curiosity and probably embarrassing.
Musk had an eventful legislative session in Texas this 12 months. Along with his lobbyists efficiently advocating for a number of new legal guidelines, Abbott cited the Tesla and SpaceX CEO because the inspiration for the state creating its personal effectivity workplace and has praised him for shifting the headquarters for a lot of of his companies to the state lately.
As a part of an effort to monitor the billionaire’s affect within the state Capitol, The Texas Newsroom in April requested Abbott and his employees’s emails since final fall with Musk and different individuals who have an e-mail deal with related to a few of his firms.
Initially, the governor’s workplace stated it will take greater than 13 hours to evaluation the data. It supplied a value estimate of $244.64 for the work and required full cost up entrance. The Texas Newsroom agreed and lower a examine.
After the examine was cashed, the governor’s workplace informed The Texas Newsroom it believed the entire data have been confidential and requested Texas Lawyer Basic Ken Paxton, whose workplace referees disputes over public data, to permit the paperwork to be stored personal.
Matthew Taylor, Abbott’s public data coordinator, gave a number of causes the data shouldn’t be launched. He argued they embrace personal exchanges with attorneys, particulars about policy-making choices and knowledge that might reveal how the state entices firms to take a position right here. Releasing them to the general public, he wrote, “would have a chilling impact on the frank and open dialogue crucial for the decision-making course of.”
Taylor additionally argued that the communications are confidential below an exception to public data legal guidelines often called “common-law privateness” as a result of they include “data that’s intimate and embarrassing and never of authentic concern to the general public, together with monetary choices that don’t relate to transactions between a person and a governmental physique.”
He didn’t present additional particulars concerning the precise content material of the data.
The language Abbott’s workplace used seems to be pretty boilerplate. Paxton’s workplace, in an evidence of the common-law privateness exception on its web site, mentions that “private monetary data” that doesn’t cope with authorities transactions “is usually extremely intimate or embarrassing and should be withheld.”
However Invoice Aleshire, a Texas-based lawyer specializing in public data legislation, was appalled that the governor is claiming that months of emails between his workplace and one of many world’s richest persons are all personal.
“Proper now, it seems they’ve charged you $244 for data they haven’t any intention of providing you with,” Aleshire stated. “That’s stunning.”
Aleshire stated it’s common for presidency companies to faucet the common-law privateness exception in an try and withhold data from the general public. However he’s used to it being cited in circumstances that contain youngsters, medical information or different extremely private data — not for emails between an elected official and a businessman.
“You’re boxing in the dead of night,” Aleshire stated. “You’ll be able to’t even see what the goal is or what’s behind their declare.”
Aleshire added that because of a current Texas Supreme Court docket ruling, there’s successfully no strategy to implement public data legal guidelines in opposition to Abbott and different high state officers. He referred to as the choice an “ace card” for these politicians.
The case handled requests to launch Abbott and Paxton’s communications within the wake of the Jan. 6 assault on the U.S. Capitol and the 2022 college capturing in Uvalde. The excessive court docket dominated that it’s the solely physique that may evaluation whether or not these officers are in compliance with public data legal guidelines.
Kevin Bagnall, a lawyer representing Musk’s rocket firm SpaceX, additionally wrote a letter to Paxton’s workplace arguing the emails needs to be stored secret. He cited one principal purpose: They include “business data whose disclosure would trigger SpaceX substantial aggressive hurt.”
A lot of the remainder of Bagnall’s letter, which additional defined SpaceX’s argument, was redacted.
Musk and representatives for his firms didn’t reply to requests for remark for this story.
Abbott’s spokesperson didn’t reply to particular questions concerning the data, together with whether or not The Texas Newsroom can be refunded if Paxton withholds them.
In a press release, he stated, “The Workplace of the Governor rigorously complies with the Texas Public Data Act and can launch any responsive data that’s decided to not be confidential or excepted from disclosure.”
The workplace of the lawyer normal has 45 enterprise days to find out whether or not to launch Abbott’s data.
Lauren McGaughy is a journalist with The Texas Newsroom, a collaboration amongst NPR and the general public radio stations in Texas. She relies at KUT in Austin. Attain her at [email protected]. Join KUT newsletters.
