Why Gov. Greg Abbott Wont Release His Emails With Elon Musk
by Lauren McGaughy, The Texas Newsroom ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as theyre published.This article is co-published with The Texas Newsroom and The Texas Tribune as part of an initiative to report on how power is wielded in Texas. Texas Gov. Greg Abbott doesnt want to reveal months of communications with Elon Musk or representatives from the tech moguls companies, arguing in part that they are of a private nature, not of public interest and potentially embarrassing.Musk had an eventful legislative session in Texas this year. In addition to his lobbyists successfully advocating for several new laws, Abbott cited the Tesla and SpaceX CEO as the inspiration for the state creating its own efficiency office and has praised him for moving the headquarters for many of his businesses to the state in recent years. As part of an effort to track the billionaires influence in the state Capitol, The Texas Newsroom in April requested Abbott and his staffs emails since last fall with Musk and other people who have an email address associated with some of his companies. Initially, the governors office said it would take more than 13 hours to review the records. It provided a cost estimate of $244.64 for the work and required full payment up front. The Texas Newsroom agreed and cut a check. After the check was cashed, the governors office told The Texas Newsroom it believed all of the records were confidential and asked Texas Attorney General Ken Paxton, whose office referees disputes over public records, to allow the documents to be kept private.Matthew Taylor, Abbotts public information coordinator, gave several reasons the records should not be released. He argued they include private exchanges with lawyers, details about policy-making decisions and information that would reveal how the state entices companies to invest here. Releasing them to the public, he wrote, would have a chilling effect on the frank and open discussion necessary for the decision-making process.Taylor also argued that the communications are confidential under an exception to public records laws known as common-law privacy because they consist of information that is intimate and embarrassing and not of legitimate concern to the public, including financial decisions that do not relate to transactions between an individual and a governmental body. He did not provide further details about the exact content of the records. The language Abbotts office used appears to be fairly boilerplate. Paxtons office, in an explanation of the common-law privacy exception on its website, mentions that personal financial information that doesnt deal with government transactions is generally highly intimate or embarrassing and must be withheld.But Bill Aleshire, a Texas-based attorney specializing in public records law, was appalled that the governor is claiming that months of emails between his office and one of the worlds richest people are all private.Right now, it appears theyve charged you $244 for records they have no intention of giving you, Aleshire said. That is shocking.Aleshire said its not unusual for government agencies to tap the common-law privacy exception in an attempt to withhold records from the public. But hes used to it being cited in cases that involve children, medical data or other highly personal information not for emails between an elected official and a businessman. Youre boxing in the dark, Aleshire said. You cant even see what the target is or whats behind their claim.Aleshire added that due to a recent Texas Supreme Court ruling, there is effectively no way to enforce public records laws against Abbott and other top state officials. He called the decision an ace card for these politicians. The case dealt with requests to release Abbott and Paxtons communications in the wake of the Jan. 6 attack on the U.S. Capitol and the 2022 school shooting in Uvalde. The high court ruled that it is the only body that can review whether these officials are in compliance with public records laws.Kevin Bagnall, a lawyer representing Musks rocket company SpaceX, also wrote a letter to Paxtons office arguing the emails should be kept secret. He cited one main reason: They contain commercial information whose disclosure would cause SpaceX substantial competitive harm. Most of the rest of Bagnalls letter, which further explained SpaceXs argument, was redacted.Musk and representatives for his companies did not respond to requests for comment for this story.Abbotts spokesperson did not respond to specific questions about the records, including whether The Texas Newsroom would be refunded if Paxton withholds them. In a statement, he said, The Office of the Governor rigorously complies with the Texas Public Information Act and will release any responsive information that is determined to not be confidential or excepted from disclosure.The office of the attorney general has 45 business days to determine whether to release Abbotts records. Lauren McGaughy is a journalist with The Texas Newsroom, a collaboration among NPR and the public radio stations in Texas. She is based at KUT in Austin. Reach her at lmcgaughy@kut.org. Sign up for KUT newsletters.
