Texas AG demands records from special counsel investigation of Trump

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Texas Attorney General Ken Paxton submitted a Freedom of Information Act (FOIA) request to the Biden administration's Justice Department (DOJ) on Friday, demanding that it provide records relating to Special Counsel Jack Smith’s corruption investigation into President-elect Trump.

In a release, the Republican AG alleged that former Special Counsel Robert Mueller, who led a team investigating Trump regarding a false Trump-Russia election collaboration, "destroyed records."

"Past Special Counsels, including — notoriously — Robert Mueller, destroyed records at the end of their investigations to avoid accountability," Paxton said in a release.

"It is not clear why nobody was prosecuted for doing so," he added. "This request is part of my Office’s efforts to ensure that Americans are not cheated out of accountability or information again. This pattern of weaponizing the justice system for partisan retribution must end."

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Texas Attorney General Ken Paxton speaks at a news conference in Dallas.  (AP Photo/Tony Gutierrez, File)

In Paxton's request, he argued that past special counselors "appear to have intentionally destroyed documents" during their tenure.

"Our office would consider any destruction of the documents requested herein to be a crime under 18 U.S.C. § 1361, and would refer the matter for prosecution in the event destruction occurs," the letter said.

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According to the DOJ, 18 U.S.C. § 1361 "protects "any property" of the United States or an agency or department thereof."

Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former President Trump at the Justice Department in Washington, D.C., on Aug. 1, 2023. (Alex Wong/Getty Images)

The FOIA request from Paxton follows the House Judiciary Committee sharing its concern that Smith and prosecutors involved in the Trump investigations will "purge" records to skirt oversight.

House Judiciary Committee Chairman Jim Jordan, R-Ohio, and Rep. Barry Loudermilk, R-Ga., penned a letter to Smith on Friday, demanding that he produce to Congress all documents related to the probes before the end of the month.

"The Committee on the Judiciary is continuing its oversight of the Department of Justice and the Office of Special Counsel. According to recent public reports, prosecutors in your office have been ‘gaming out legal options’ in the event that President Donald Trump won the election," they wrote. "With President Trump’s decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information." 

President-elect Trump celebrates beating Vice President Kamala Harris in the presidential race early Wednesday morning. (Chip Somodevilla/Getty Images)

Following Trump's decisive victory, the DOJ is looking to wind down two federal criminal cases against Trump as he prepares to be sworn in for a second term in the White House.

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Its decision to do so upholds a long-standing policy that prevents DOJ attorneys from prosecuting a sitting president.

Fox News Digital's Brooke Singman contributed to this report.