Texas AG Paxton goes to bat to protect First Amendment rights of a Texas resident

By Steve Gardner

Spoiler alert: The resident is ExxonMobil, which is fighting a subpoena (probably a Civil Investigative Demand) by the AG of the Virgin Islands seeking to find out about Exxon's role in climate change. The VI AG is working with an excellent plaintiff firm, Cohen Milstein, to represent the VI.

The State of Texas (joined by the State of Alabama) says that the VI's asking Exxon for information "violates the First Amendment and that the participation of Cohen Milstein, allegedly on a contingency fee basis, is an unconstitutional delegation of prosecutorial power."

Astoundingly, Exxon sued in state court in Fort Worth. It apparently does not trouble the State of Texas to support Exxon in an action against another sovereign entity.

Paxton's press release is here.

The plea in intervention can be downloaded here.

Is it possible that Paxton is trying to redirect press attention from the fact that he's been indicted for securities fraud in both federal and state court?

You might think that, but I couldn't possibly comment.

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