Austin, Texas: Judge Orders Abbott to Open Musk Records to Hinojosa by Thursday

A Travis County judge in Austin has ordered Gov. Greg Abbott's office to let his Democratic challenger, state Rep. Gina Hinojosa, inspect unredacted communications between the governor's office and billionaire Elon Musk and his companies. Judge Catherine Mauzy issued a temporary restraining order on Monday, October 26, and set a deadline of 10 a.m. on Thursday, October 29, for Hinojosa to get access to the records.

How the records fight started

The communications were first gathered for a public records request by The Texas Newsroom. The governor's office produced 1,374 pages, but all but about 200 of those pages were redacted or completely blacked out. Abbott's office had argued that some of the withheld material was intimate and embarrassing and not of legitimate public concern, according to Hinojosa's lawsuit. Hinojosa, who represents Austin in House District 49, asked for access to the same records on September 29 and sued on October 19, the first day of early voting. Her case rests on a Texas law that lets a sitting legislator inspect confidential government records for legislative purposes.

What the judge ordered

Mauzy wrote that Abbott "has obstructed and continues to obstruct plaintiff Hinojosa's exercise of her right to inspect the documents," and she called that conduct illegal under Texas law. At the hearing, she said Hinojosa is entitled to see the records because she might use them for legislative reasons, Bloomberg Law reported. "They're preventing her from doing her job," Hinojosa's lawyer, Chuck Herring, said at the hearing. Under the order, the governor's office may require Hinojosa to sign a lawful confidentiality agreement, but it cannot use that requirement to delay her access, and she is barred from publicly disclosing confidential information she reviews. Hinojosa must post a $1,000 bond. The restraining order expires on November 9 unless it is extended, and a hearing is set for 9 a.m. on Monday, November 2, on a longer temporary injunction and on Abbott's challenge to the court's authority. The judge's findings are preliminary and do not settle the lawsuit.

Both campaigns answer

Abbott's spokesperson, Andrew Mahaleris, announced the appeal on X. "This lawsuit is a baseless stunt and nothing more than an act of desperation," the governor's press secretary said in a statement reported by CBS Austin, accusing Hinojosa of "misusing her official capacity as an outgoing lawmaker to generate headlines for political purposes." Bloomberg Law reported that the appeal will make it hard for Hinojosa to review the communications before Election Day. Hinojosa made her case on CBS's Face the Nation on Sunday, before the ruling. "There's a lot that we need to see, and as a legislator, I have a responsibility and a right to see what those emails are about," she said. In a campaign statement on Tuesday, she added: "The people have the right to transparency, and that's why I'm continuing to fight for the documents between Elon Musk and Greg Abbott."

What she wants to read

Hinojosa has said she wants to review communications about state tax breaks and grants, Starlink broadband contracts, data center development, electricity and water use, and public beach access near SpaceX sites. Her lawsuit points to more than $54 million in state grants to SpaceX, about $1.7 billion in school tax breaks tied to Musk's Terafab project, and at least $500,000 in contributions from Musk to Abbott's campaign. Abbott, a Republican, is seeking a fourth term. Early voting runs through Friday, October 30, and Election Day is Tuesday, November 3.