Texas Attorney General Ken Paxton has filed an emergency motion asking a federal court to order the U.S. Department of Justice to preserve all records related to special counsel Jack Smith’s investigation into President-elect Donald Trump.
Paxton’s request, filed Thursday in the Amarillo Division of the U.S. District Court for the Northern District of Texas, follows his claim that a paper shredding truck was seen outside DOJ headquarters. The sighting of the truck was first reported by The Oversight Project.
In the motion, Paxton argued that a preservation order is essential due to what he called the DOJ’s “history of mishandling critical records.” He asserted that without court intervention, there is a risk of document destruction that could cause “irreparable harm.”
“Plaintiffs request a preservation order because, in light of Defendants’ past conduct, it is a necessary, and modest, enforceable safeguard,” the motion states. “Widely shared photos showed a paper shredding truck parked outside DOJ headquarters.”
Paxton had initially submitted a Freedom of Information Act (FOIA) request seeking documents and communications related to Smith’s investigations into Trump. He followed this with a motion to prevent Smith and his team from destroying records, claiming it was necessary to “avoid accountability.”
The DOJ responded to the initial filings, stating its commitment to preserving records and adhering to legal obligations. However, Paxton, a vocal Trump ally, has long criticized the investigations into Trump as politically motivated. He accuses the DOJ of being “evasive” in responding to his FOIA request.
“This Court has the authority to protect public trust by ensuring transparency,” the motion asserts. “Jack Smith’s investigation was a political and legal abomination; the public must be able to learn what actually happened.”
Paxton’s filing alleges that the investigations and actions of those involved were unlawful. He contends that without a preservation order, the DOJ could “destroy the records” he requested, saying Smith’s team “cannot be blindly trusted” to retain all relevant documents.
Read Paxton’s press release here.
