, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.A federal appeals court last week rejected an unnamed Texas agency’s attempt to withhold records and shield its employees from appearing before a grand jury in a federal investigation that appears to be targeting Attorney General Ken Paxton.
In a June 20 opinion, the federal Fifth Circuit Court of Appeals sided with a decision from the lower Western District of Texas, which found that the state agency could not use attorney-client privilege to withhold evidence from a Department of Justice inquiry into “alleged wrongdoing by senior Agency personnel.” The appeals court also cleared the way for two senior agency employees to testify before a grand jury on July 2.
The case at issue in the Fifth Circuit opinion also remains sealed. But the opinion refers to earlier orders that seem to align with those issued in Paxton’s case, including an August 2021 decision that largely refused the agency’s attempt to limit the scope of the investigation.from U.S. District Court Judge David Ezra, of the Western District, that appears to be the same one referenced in the Fifth Circuit’s latest opinion.
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