In a filing that underscores the high‑stakes nature of Attorney General Ken Paxton’s 2026 U.S. Senate campaign, a lawyer for Paxton’s wealth manager has asked a Collin County judge to keep two sworn depositions sealed. The request comes after Democratic state Rep. James Talarico’s Senate campaign sought to unseal the transcripts, arguing they are essential for voters to evaluate Paxton’s fitness for office.
Legal arguments from both sides
State Rep. Mitch Little, a Republican from Lewisville who represents Charles Loper III – the North Texas businessman whose blind‑trust oversight of Paxton’s assets is at issue – filed a September 21 response asserting that the court lacks jurisdiction over the campaign’s request. Little contended that the deposition transcripts have not been classified as “court records” and therefore are not subject to public disclosure.
In contrast, Talarico’s campaign filed an August petition citing Texas law that grants public access to discovery materials when they could affect the administration of public office. The campaign’s lawyers wrote that Texans have a “fundamental, constitutionally guaranteed right of access to judicial proceedings” and that the depositions “directly implicate Paxton’s fitness for office.”
Background of the dispute
The depositions in question stem from a multi‑year securities‑fraud dispute that entangled Paxton, his former business associates, and a North Texas energy firm called Unity Resources. In 2015 Paxton was indicted for securities fraud after former state Rep. Byron Cook and Joel Hochberg alleged he misled them into investing in a McKinney technology company while receiving a commission.
Subsequently, Loper accused Unity of defrauding him, and Paxton, as attorney general, subpoenaed Unity for documents. Cook and Hochberg then accused Paxton and Loper of conspiring to damage their reputations. Paxton had previously served on Unity’s board and invested in the company.
According to a Wall Street Journal report earlier this year, Paxton’s 2019 deposition revealed he provided Unity records – which were subject to attorney‑client privilege – to Little, who represented Loper. That disclosure raised questions about a possible breach of privilege.
Judicial history and settlement
The Collin County district judge, Republican Cynthia Wheless, delayed a ruling on whether to seal the case for more than four years. The underlying lawsuit was settled in 2023, and the separate securities‑fraud charges against Paxton were dropped in 2024 after he agreed to pay restitution and complete legal‑ethics training.
Responses from the Paxton campaign
Paxton’s campaign has dismissed the push to unseal the depositions as a political stunt. Spokesperson Madison Cercy called the effort “nothing more than a desperate attempt to hide his own extremism,” and accused Talarico of trying to conceal a “radical record.” Little reiterated that the transcripts were submitted for private judicial review and that the court must first determine whether they qualify as public records before any relief can be granted.
What’s at stake
The dispute highlights the tension between transparency advocates and the attorney general’s office as Paxton seeks a Senate seat in a closely contested race. If the court orders the depositions unsealed, voters will gain direct insight into Paxton’s testimony regarding the Unity matter and the alleged privilege breach. If the seal remains, the campaign’s argument that the public’s right to know is being thwarted will persist.
Both sides are expected to continue filing motions as the November election approaches, and the Collin County court’s next decision could shape the narrative surrounding Paxton’s candidacy.
Original reporting: Texas Tribune (HLL/CB) — read the source article.
