This article is co-published with The Texas Newsroom as part of an initiative to report on how power is wielded in Texas.
Gov. Greg Abbott doesn’t want to reveal months of communications with Elon Musk or representatives from the tech mogul’s 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 billionaire’s influence in the state Capitol, The Texas Newsroom in April requested Abbott and his staff’s emails since last fall with Musk and other people who have an email address associated with some of his companies.
Initially, the governor’s 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 governor’s 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, Abbott’s 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 Abbott’s office used appears to be fairly boilerplate. Paxton’s office, in an explanation of the common-law privacy exception on its website, mentions that “personal financial information” that doesn’t 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 world’s richest people are all private.
“Right now, it appears they’ve charged you $244 for records they have no intention of giving you,” Aleshire said. “That is shocking.”
Aleshire said it’s not unusual for government agencies to tap the common-law privacy exception in an attempt to withhold records from the public. But he’s 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.
“You’re boxing in the dark,” Aleshire said. “You can’t even see what the target is or what’s 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 Paxton’s 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 Musk’s rocket company SpaceX, also wrote a letter to Paxton’s 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 Bagnall’s letter, which further explained SpaceX’s argument, was redacted.
Musk and representatives for his companies did not respond to requests for comment for this story.
Abbott’s 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 Abbott’s 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.
Disclosure: KUT News has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
