Texas Attorney General Ken Paxton has launched a bold new effort to demand transparency in the Department of Justice’s handling of former President Donald Trump’s legal battles. On Thursday, Paxton submitted a Freedom of Information Act (FOIA) request seeking records tied to Special Counsel Jack Smith’s investigation into Trump, which he calls a blatant example of the DOJ’s “illegal weaponization” for political gain.
In a fiery statement, Paxton didn’t hold back. “Past Special Counsels, including—notoriously—Robert Mueller, destroyed records at the end of their investigations to avoid accountability,” he said. “It is not clear why nobody was prosecuted for doing so. This request is part of my Office’s efforts to ensure that Americans are not cheated out of accountability or information again.”
Jack Smith, appointed as Special Counsel by Attorney General Merrick Garland in November 2022, has led high-profile investigations into Trump. His appointment came just one day after Trump declared his candidacy for the 2024 presidential race. Critics, including Paxton, argue that the timing of Smith’s appointment underscores the partisan motivations behind the probe.
Smith’s investigation has focused on multiple allegations, including Trump’s handling of classified documents and his alleged role in the January 6 Capitol unrest. The former president has faced a slew of charges, including 37 federal counts related to the retention of classified documents at his Mar-a-Lago estate. Smith also accused Trump of participating in a scheme to delete security footage from Mar-a-Lago to obstruct the investigation.
In a separate case tied to the January 6 events, Trump faces four additional charges, including conspiracy to defraud the United States and obstruction of an official proceeding.
Smith’s investigation has not come cheap. Reports indicate that his probe has cost taxpayers over $50 million—a figure that has drawn sharp criticism from Republicans, who view the spending as excessive for what they describe as “non-crimes.”
Adding to the controversy is the sheer size of Smith’s legal team. Paxton and other critics have noted that Smith’s team of prosecutors is double the size of the team assembled by former Special Counsel Robert Mueller during his investigation into Trump’s alleged ties to Russia.
Paxton’s FOIA request is not just about uncovering the inner workings of Smith’s investigation; it’s about ensuring accountability. The Texas Attorney General cited past instances where critical records were destroyed at the conclusion of Special Counsel investigations, leaving the public in the dark.
“The pattern of weaponizing the justice system for partisan retribution must end,” Paxton declared. His request aims to prevent a repeat of what he calls “the Mueller fiasco,” where key documents were allegedly destroyed without consequence.
Paxton’s FOIA request comes at a pivotal moment in American politics. Just one day prior, Trump secured a historic landslide victory in the 2024 presidential election. The outcome has already reignited debates about the DOJ’s role in the political landscape, with many Republicans accusing the department of being an active participant in efforts to undermine Trump’s political career.
The House Judiciary Committee has also weighed in, issuing a warning to Jack Smith and his team. GOP leaders have vowed to investigate the DOJ’s actions, with some calling for an overhaul of the justice system to prevent future abuses of power.
Paxton’s move has been met with widespread support from fellow Republicans, who see the DOJ’s actions as part of a larger effort to target conservative leaders. “We won’t let these partisan tactics go unchecked,” said House Judiciary Chairman Jim Jordan. “The American people deserve transparency and accountability.”
Meanwhile, Trump has continued to assert his innocence, labeling the investigations as “witch hunts” orchestrated by a “corrupt” DOJ. His supporters have rallied around him, viewing the legal battles as proof of his status as an outsider fighting against a deeply entrenched political establishment.
As Paxton’s FOIA request moves forward, it’s likely to add more fuel to an already heated political environment. The Texas Attorney General has made it clear that he will not back down, vowing to expose what he sees as the DOJ’s misuse of power.
For now, the battle for transparency in the DOJ’s handling of Trump’s cases is just beginning. Whether Paxton’s efforts will result in the release of critical documents or further revelations remains to be seen. However, one thing is certain: the fight over the politicization of America’s justice system is far from over.
