A Texas judge has denied an attempt by the state's top law enforcement official to prevent special counsel Jack Smith from destroying records related to his cases against President-elect Donald Trump, The Washington Post reported.
In a complaint filed earlier this month, Texas Attorney General Ken Paxton asked U.S. District Judge Matthew J. Kacsmaryk, who was appointed by Trump in 2017, to order Smith to preserve all records and communications from his cases against Trump, which he fears “will never see daylight.”
Paxton previously sought various records from Smith’s investigations under the Freedom of Information Act. In the complaint, he cited photos of a paper shredding truck parked outside the Department of Justice as proof that Smith planned to destroy the records.
“In order to ensure that he will be able to vindicate his rights under FOIA, Attorney General Ken Paxton seeks an order from this Court that Defendants preserve all of Jack Smith’s records— or, at a minimum, all records that Paxton has requested in his FOIA request," the complaint reads.
Kacsmaryk denied Paxton’s request on Monday, calling his reasoning and demand “unserious.” The same judge has previously sided with Trump's allies on numerous occasions, as when he sided with anti-choice activists in seeking to limit access to abortion drugs, a decision that was reversed by the Supreme Court.
“Defendants could shred paper for many legitimate reasons, and Plaintiffs have proffered nothing to suggest more nefarious intentions,” Kacsmaryk wrote in a four page order.
Earlier this week, Smith filed motions to drop all federal charges against Trump related to his attempts to overturn the results of the 2020 election in the leadup to Jan. 6 as well the mishandling of classified documents.
Smith cited a longstanding DOJ policy that sitting presidents cannot be criminally charged, which would apply when Trump is inaugurated on Jan. 20, 2025. Both of Smith’s requests for dismissal were approved, terminating all active federal criminal cases against Trump.
