Ouch! That’s Gonna’ Leave A Mark — On TX AG Paxton! Idiot Foot-Dragging Edition.

We mentioned yesterday morning, that AG Paxton’s attempt to run out the clock… on the river razor wire cases… has failed.

The matter is going ahead to full trial on the merits — where his lawless and cruel actions, and those of Gov. Abbott (designated by them — under the Owellian name — “Operation Lone Star”) will be laid open in public court hearings, all day, every day. These will also indict, by implication, every bit of Tangerine’s manifest cruelty and 2017-2021 lawless border policies. Charming.

Overnight, as we said they would, the federal border authorities’ counsel have eviscerated Texas, thus:

… [It was clear that the feds, in the office of] USIBWC’s counsel to USIBWC staff and employees — seek to gather information related to the floating barriers and Texas’s actions in that area so that USIBWC’s lawyers and the United States Department of Justice can make litigation and other determinations. Such information gathering in anticipation of or consideration of litigation falls squarely within the attorney-client privilege and attorney work product doctrine.

Moreover, as the USIBWC’s declaration from its Commissioner explains, ECF 171-1, the deliberative process privilege should also apply. Beyond the attorney-client and attorney work product privilege, USIBWC employees are engaged in internal discussions about certain agency actions and decision-making, as it relates to USIBWC and also as it relates to communications with the Mexican Section of IBWC. See id. That Texas somehow thinks this information is appropriate given a later binational survey is of no consequence….

The United States explained all of the above in communication with Texas and also provided revised redactions to make it even more clear the nature and appropriateness of the privilege. Nevertheless, Texas still believes it is somehow entitled to obtain privileged information from the United States. By even the most cursory review, the documents are privileged and the Court need not entertain Texas’s request for an in camera review of these privileged documents….

Texas’s motion to compel and request for in camera review should be denied….