Texas Gov. Greg Abbott is refusing to release months of email communications between his office and Elon Musk or representatives from Musk’s companies, arguing the messages are “intimate” and “embarrassing” and therefore not subject to public disclosure.
The emails were requested in April by The Texas Newsroom as part of an effort to track Musk’s growing influence at the Texas Capitol.
The newsroom sought correspondence between Abbott and Musk — or individuals using company-affiliated email addresses — dating back to last fall.
At first, the governor’s office estimated it would take over 13 hours to review the records and quoted a fee of $244.64, requiring full payment in advance.
The Texas Newsroom paid the amount, but after cashing the check, Abbott’s office stated it believed all of the requested records were confidential.
It then asked Texas Attorney General Ken Paxton to formally approve withholding the documents from public release.
Matthew Taylor, the governor’s public information coordinator, told Paxton’s office the emails included private exchanges with attorneys, discussions on policy-making and information about how the state attracts investment.
Making them public, he wrote, “would have a chilling effect on the frank and open discussion necessary for the decision-making process.”
Taylor also invoked the “common-law privacy” exception under state law, writing that the records contain “information that is intimate and embarrassing and not of legitimate concern to the public, including financial decisions that do not relate to transactions between an individual and a governmental body.”
He did not disclose further details about the content of the emails.
“To be clear Gov. Abbott never received an email from Elon. That said, Texas law has long established that classified confidential information is not subject to disclosure,” a spokesperson for Abbott told The Post on Tuesday.
Public records attorney Bill Aleshire criticized the governor for not releasing the information.
“Right now, it appears they’ve charged you $244 for records they have no intention of giving you,” Aleshire told Fortune. “That is shocking.”
While agencies occasionally cite common-law privacy to shield information, Aleshire said it’s usually reserved for protecting children’s identities, health records, or other genuinely personal data — not communications between an elected official and one of the world’s most prominent businessmen.
“You’re boxing in the dark,” Aleshire said. “You can’t even see what the target is or what’s behind their claim.”
Aleshire added that a recent Texas Supreme Court ruling has made enforcing open records laws against top state officials virtually impossible.
The court ruled that it alone — not lower courts — can determine whether high-ranking officials like Abbott or Paxton are in compliance with public information laws.
That case involved attempts to obtain communications from both men following the Jan. 6 Capitol attack and the 2022 school shooting in Uvalde. Aleshire described the ruling as an “ace card” for elected officials seeking to avoid transparency.
SpaceX, Musk’s rocket company, has also joined the effort to block release of the records.
In a letter to Paxton’s office, SpaceX attorney Kevin Bagnall argued that the emails contain “commercial information whose disclosure would cause SpaceX substantial competitive harm.” Most of Bagnall’s letter was redacted.
Musk and his companies did not respond to requests for comment. Abbott’s office also declined to answer specific questions about the content of the records or whether The Texas Newsroom would be refunded if the documents are withheld.
In a brief statement, a spokesperson for the governor told Fortune that Abbott’s office “rigorously complies with the Texas Public Information Act and will release any responsive information that is determined to not be confidential or excepted from disclosure.”
Musk has become increasingly active in Texas politics. In recent years, he moved the headquarters of his multiple companies to the state.
Earlier this year, the unincorporated area of Boca Chica, Texas, officially became the city of Starbase following a vote largely supported by SpaceX employees, granting Musk greater control over local governance.
While officials praise the move for its economic benefits, critics argue it marginalizes longtime residents, restricts public land access and raises concerns about environmental and community impacts.
During the 2024 legislative session, his lobbyists successfully pushed for several new laws, and Abbott credited Musk as the inspiration for a new state efficiency office.
Despite Musk’s growing footprint and the governor’s praise of his economic impact, Abbott’s office is seeking to keep all correspondence with him and his companies under wraps.
The attorney general’s office now has 45 business days to determine whether the records will be released to the public or remain confidential.
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