James Talarico, the Democratic candidate for the U.S. Senate in Texas, is seeking the release of deposition documents related to his Republican opponent, Ken Paxton, as part of an effort to draw attention to Paxton's history of legal issues. Talarico's campaign confirmed it would ask a court on Wednesday to unseal these documents.
The depositions stem from a civil lawsuit in which a mineral assets company, Unity Resources, faced accusations of fraud. While Paxton was associated with Unity, he was not named as a defendant, and the case was ultimately settled. Talarico, a Democratic state representative, hopes that highlighting these past controversies will resonate with voters, despite similar strategies having been unsuccessful in previous campaigns.
In addition to pursuing the depositions, Talarico has recently brought attention to other incidents involving Paxton, the current Texas attorney general. These include a video of Paxton appearing to pocket an expensive pen at a courthouse security checkpoint, Paxton's impeachment by the Texas House of Representatives (though he was later acquitted by the Senate), and prior criminal charges for securities fraud. The securities fraud case concluded with an agreement with prosecutors that involved restitution payments but no admission of guilt.
Paxton has consistently denied the allegations, characterizing them as politically motivated attacks, a defense also employed by former President Donald Trump. This approach has proven effective for Paxton in the past, including his victory over incumbent U.S. Sen. John Cornyn in the Republican primary earlier this year.
The Wall Street Journal had previously reported on aspects of one deposition, noting that Paxton had potentially violated attorney-client privilege, a claim disputed by those involved. The newspaper also reported that Paxton stated he could not recall the answer to questions approximately 90 times during that deposition.
Lawyers for Talarico's campaign, in a draft of the court filing, argued that there is "no basis under Texas law or procedure to withhold them from the public." They contend that keeping the documents sealed violates Texas's constitutional guarantee of open judicial proceedings for public scrutiny.