Talarico campaign asks court to unseal Paxton deposition transcripts

Photo credit: Texas Public Radio

AUSTIN, Texas — Democratic U.S. Senate nominee James Talarico’s campaign asked a Collin County court Wednesday to unseal transcripts of two depositions Attorney General Ken Paxton gave in a securities fraud dispute, arguing that the testimony could help voters assess Paxton before the November election.

The petition seeks transcripts from depositions Paxton gave in 2019 and 2022 during litigation involving his financial adviser, former business associates and an energy company.

The underlying case began in 2016 when North Texas businessman Charles Loper III accused Unity Resources and investors Byron Cook and Joel Hochberg of securities fraud. Loper oversees Paxton’s blind trust.

Paxton previously served as a lawyer and board member for Unity and invested in the company.

Cook and Hochberg accused Loper and Paxton of conspiring to damage their reputations because they could serve as witnesses in a separate criminal securities fraud case against Paxton. Federal prosecutors dropped that case in 2024 after Paxton agreed to pay restitution and complete legal ethics courses.

Talarico’s campaign described the depositions as rare instances in which Paxton answered questions under oath about his conduct.

The campaign cited a Wall Street Journal report that examined Paxton’s 2019 deposition and reported that he acknowledged giving records from Unity, a former client, to his attorney Mitch Little. Little represented Loper in the civil case and later represented Paxton during his 2023 impeachment trial.

Paxton’s campaign previously called the Journal’s report false and said it violated a court order. Little said the records did not contain privileged information and that he saw no conflict of interest.

Talarico’s lawyers argued that Texas law allows public access to discovery materials involving matters that could adversely affect the administration of public office or government operations.

“The right of Texans to see these depositions matters more than ever,” the lawyers wrote in the petition.

Paxton campaign spokesperson Madison Cercy dismissed the filing as a political attack and accused Talarico of trying to divert attention from his own voting record.

The civil case remained pending for more than four years under Collin County District Judge Cynthia Wheless before the parties settled it in 2023.

The court has not yet ruled on Talarico’s request to unseal the deposition transcripts.

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