Judge Orders Abbott to Let Hinojosa Inspect Unredacted Musk Emails; Governor Appeals
A Travis County judge ruled Monday that Gov. Greg Abbott must allow his Democratic challenger, state Rep. Gina Hinojosa, to inspect more than 1,300 pages of unredacted communications between the governor's office and Elon Musk and his companies.
Abbott has appealed. His office says the appeal automatically halts the order.
The ruling comes eight days before Election Day in a race that pits Abbott, who is seeking a fourth term, against Hinojosa, an Austin Democrat who represents House District 49.
What the judge decided
Judge Catherine Mauzy found that Hinojosa, as a sitting member of the Texas Legislature, is entitled to review the records because she may use them for legislative purposes. Texas law allows lawmakers to inspect public records that are otherwise withheld from public disclosure, as long as they keep the contents confidential.
According to reporting by KUT, the judge wrote that Hinojosa "has an immediate legal right to access the requested documents."
The order gave the governor's office until 10 a.m. Thursday, Oct. 29, to provide access. The judge's findings are preliminary. A hearing on Abbott's challenge to the court's jurisdiction and Hinojosa's request for a temporary injunction is scheduled for Nov. 2, the day before the election.
The ruling does not make the records public. Hinojosa has agreed to keep their contents confidential, as the law requires of legislators who review withheld records.
How the dispute started
The records trace back to a 2025 public information request by The Texas Newsroom seeking communications between Abbott's office and Musk or his companies, which include Tesla and SpaceX. In response, the governor's office produced 1,374 pages, but nearly all of them were blacked out, according to Hinojosa's lawsuit. Only about 200 pages were not fully redacted.
The governor's office asked the Texas Attorney General's Office for permission to withhold the material. Abbott objected to releasing the communications on several grounds, including that some contained information that was "intimate and embarrassing." Attorney General Ken Paxton's office directed the release of some of the records.
Hinojosa filed her own records request on Sept. 29, citing her role as a legislator. When the governor's office declined to let her inspect the documents, she sued on Oct. 19, the first day of early voting, in Travis County District Court.
Her lawsuit points to Musk's business presence in Texas and his ties to the governor, including public appearances, state economic development incentives, and political contributions. Musk contributed $500,000 to Abbott's campaign in May, according to campaign finance records cited in multiple news reports.
Hinojosa's House term ends Jan. 12, 2027. Her lawsuit argues that every day of delay cuts into the time she has to review the records for legislative purposes.
What each side is saying
Hinojosa has framed the case as a matter of government transparency and Musk's growing influence in Texas. She has said she is not suggesting any personal relationship between the two men, but is focused on the connection between Musk's political donations and the state incentives his companies have received.
Abbott's office has rejected the lawsuit. Press secretary Andrew Mahaleris called it "a baseless stunt and nothing more than an act of desperation" and accused Hinojosa of using her position as an outgoing lawmaker to generate headlines for her campaign. Abbott's lawyers have also characterized the suit as politically motivated.
Abbott himself told reporters the lawsuit was an attempt by Hinojosa to draw attention to her campaign.
What happens next
With the appeal pending, it is unclear whether Hinojosa will be able to inspect the records before Thursday's deadline or before Election Day. The governor's office has also filed a motion to dismiss the lawsuit entirely.
Even if Hinojosa does review the communications, she cannot publicly disclose their contents under the confidentiality terms that apply to legislators.
Election Day is Tuesday, Nov. 3.
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