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Senate Race Heats Up as Talarico Seeks to Unseal Ken Paxton Depositions

8/26/2026, 10:19:06 PM

Core Legal Request

James Talarico’s U.S. Senate campaign filed a motion in Collin County seeking to unseal transcripts of two depositions given by Attorney General Ken Paxton in 2019 and 2022. The depositions were taken during a securities-fraud lawsuit that involved Paxton, his blind-trust overseer Charles Loper III, and former business associates. Talarico’s lawyers argue that the material is “of immense public importance” because it could reveal ethical concerns about Paxton ahead of the November Senate election.

Background of the Dispute

In 2016, businessman Charles Loper III accused Unity Resources and its investors Byron Cook and Joel Hochberg of defrauding him. The lawsuit also implicated Paxton, who had previously served as a lawyer and board member for Unity and had invested in the company. Cook and Hochberg counter-claimed that Loper and Paxton conspired to tarnish their reputations to protect their own roles as witnesses in a separate criminal securities-fraud case against Paxton. In that criminal case, Cook and Hochberg alleged Paxton misled them into investing in a McKinney technology firm while failing to disclose a commission he would receive. Paxton was indicted in 2015; federal prosecutors dismissed the charges in 2024 after a restitution and ethics-training agreement. The civil suit was settled in 2023, and the depositions have remained sealed for more than four years while Judge Cynthia Wheless kept the matter on hold.

Official Positions

  • Talarico campaign: Lawyers contend that a Wall Street Journal report on the 2019 deposition suggests Paxton may have violated attorney-client privilege, and that the public’s right to see the testimony outweighs confidentiality concerns.
  • Paxton campaign: Spokesperson Nick Maddux described the Wall Street Journal’s reporting as “blatant lies” and asserted that it breached a court order.
  • Mitch Little (Paxton’s former lawyer and current Republican state lawmaker): Told the Journal that no conflict of interest existed and that the records Paxton shared were not privileged.

Data & Timeline

  • 2015 – Paxton indicted on federal securities-fraud charges.
  • 2016 – Loper files lawsuit accusing Unity and its investors of fraud.
  • 2019 – First deposition of Paxton taken in the civil case.
  • 2022 – Second deposition of Paxton taken.
  • 2023 – Civil case settled; depositions remain sealed.
  • 2024 – Federal charges dropped after restitution and ethics training.
  • 2026 – Talarico campaign files motion to unseal depositions.

Why It Matters

The request arrives as Paxton runs for the U.S. Senate in a competitive race. If unsealed, the testimony could provide voters with direct insight into Paxton’s conduct during the securities-fraud dispute and inform assessments of his fitness for office. The case also raises broader questions about the balance between confidentiality in legal proceedings and the public’s right to access information that may affect government administration.