In a move aimed at informing Texas voters, the campaign of Democratic U.S. Senate nominee James Talarico filed a petition on Wednesday in Collin County seeking a court order to unseal two years‑old deposition transcripts given by Attorney General Ken Paxton. The depositions, taken in 2019 and 2022, were part of a complex securities‑fraud dispute that also involved Paxton’s blind‑trust overseer, North Texas businessman Charles Loper III.
Background of the dispute
In 2016 Loper accused energy firm Unity Resources and its investors, Byron Cook and Joel Hochberg, of defrauding him. The case expanded to allege that Cook and Hochberg conspired to tarnish Loper’s and Paxton’s reputations because they were slated to testify in a separate criminal securities‑fraud case against Paxton. Paxton had previously served as a lawyer and board member for Unity and held an investment in the company.
In the criminal case, Cook and Hochberg claimed Paxton misled them into investing in a McKinney technology company while failing to disclose that he was receiving commissions from the firm. Paxton was indicted in 2015, but federal prosecutors dismissed the charges in 2024 after he agreed to pay restitution and complete legal‑ethics training.
Why the depositions matter now
Depositions are rare opportunities for a public official to answer questions under oath. Throughout a series of resolved legal and ethical controversies, Paxton has largely avoided sworn testimony. Talarico’s lawyers argue that the public’s right to see the transcripts outweighs any privacy concerns, especially given Paxton’s candidacy in a sharply competitive Senate race.
“Texans have the right to know what Paxton said under oath before they go to the polls in November,” the draft filing read. The petition cites a Wall Street Journal report that the 2019 deposition suggested Paxton may have violated attorney‑client privilege by providing Unity records to his own lawyer, Mitch Little, who also represented Loper in the civil suit.
Responses from the Paxton camp
Paxton campaign spokesperson Nick Maddux called the Wall Street Journal’s reporting “blatant lies” and a breach of a court order. Little, now a Republican state lawmaker from Lewisville, denied any conflict of interest and maintained that the records he received were not privileged.
The depositions have remained sealed since a Collin County district judge, Republican Cynthia Wheless, placed the matter on hold for more than four years. The underlying civil case was settled in 2023.
Implications for the Senate race
By seeking to make the transcripts public, Talarico’s campaign hopes to highlight ethical questions surrounding Paxton’s fitness for office. The request underscores the broader theme of transparency and accountability that many Texas voters cite as a priority in the upcoming November election.
Legal experts note that Texas law grants the public access to discovery materials—such as depositions—when they have a probable adverse effect on the administration of public office or the operation of government. If the court grants the petition, the transcripts could become a focal point of the Senate campaign’s discourse.
Original reporting: Texas Tribune (HLL/CB) — read the source article.
