August 26, 2026
Democratic Senate candidate James Talarico is seeking access to previously sealed court depositions involving his Republican opponent, Texas Attorney General Ken Paxton, as he attempts to turn Paxton’s long history of legal and political controversies into a central issue in one of the nation’s most closely watched Senate races.
Talarico’s campaign is asking a Texas court to unseal depositions from a civil fraud case connected to Unity Resources, a company linked to Paxton. The Democrat’s team argues that the public has a right to see the records because they concern judicial proceedings and could provide voters with additional information about Paxton’s conduct.
The effort reflects a broader strategy by Talarico: rather than allowing Paxton to define the campaign around conservative policy issues, the Democrat wants voters to focus on questions about his opponent’s judgment, ethics and history of allegations.
Why the depositions matter
The records Talarico is seeking come from litigation involving Unity Resources. Paxton was not a defendant in the civil case, but his connection to the company has placed him in the spotlight surrounding the dispute.
One deposition previously reported by The Wall Street Journal contained claims that Paxton violated attorney-client privilege and said he could not remember answers nearly 90 times. The allegations have been disputed by people involved in the matter, making the full contents and context of the depositions potentially important to understanding what actually happened.
Talarico's campaign believes the documents could give voters another look at Paxton's past at a moment when the Republican is trying to present himself as a strong conservative candidate capable of winning statewide office.
The campaign's request is therefore about more than releasing old court records. It is part of an attempt to keep Paxton's personal controversies at the center of the election.
Talarico is betting on an old weakness
Paxton has faced accusations and political controversies for years, yet they have repeatedly failed to end his career.
That history is important to understanding Talarico's strategy.
Republicans once tried to defeat Paxton by attacking his legal troubles. In previous elections, his opponents highlighted allegations ranging from securities fraud charges to questions surrounding his conduct in office.
But Paxton survived.
He won reelection as attorney general and, earlier this year, defeated incumbent Republican Sen. John Cornyn in the GOP primary despite opposition from much of the Republican establishment.
That record suggests simply repeating old scandals may not be enough.
Talarico's campaign appears to believe that uncovering additional information — particularly information voters have not previously seen — could make the attacks more effective.
Paxton has repeatedly rejected accusations
Paxton has consistently portrayed investigations and accusations against him as politically motivated.
That approach has been an important part of his political survival.
His supporters argue that Democratic opponents and establishment Republicans have repeatedly tried to use legal controversies to weaken him because they oppose his conservative agenda.
Paxton has also built a national reputation by pursuing aggressive conservative legal challenges involving immigration, abortion and transgender policies.
That ideological profile has helped him maintain support among Republican voters even when establishment figures have criticized him.
The same political resilience is now being tested against Talarico.
The impeachment remains part of the story
One of the most significant episodes in Paxton's political career came in 2023, when the Republican-controlled Texas House impeached him on multiple allegations involving abuse of office.
The Texas Senate subsequently acquitted him.
Paxton survived the impeachment and remained attorney general.
For Talarico, however, the episode provides evidence for his argument that Paxton has repeatedly faced serious allegations without being held politically accountable.
The Democrat has framed Paxton's history as part of a broader culture of corruption, arguing that political scandals are connected to everyday problems such as high living costs and economic insecurity.
That is an important shift from simply accusing Paxton of wrongdoing.
Talarico wants voters to believe that the political system itself is failing them — and that Paxton represents that system.
A competitive race makes the strategy more important
The battle is taking place in a state that remains deeply Republican but has become unexpectedly competitive.
Texas has not elected a Democratic U.S. senator since 1988, when Lloyd Bentsen won reelection.
Republicans have dominated statewide elections for decades.
Yet the 2026 Senate race has become a genuine contest.
The Cook Political Report recently moved the race from “Lean Republican” to “Toss Up,” citing the competitiveness between Paxton and Talarico.
Recent polling has also shown the candidates running close to one another.
A June New York Times-Siena poll found Paxton and Talarico tied at 47 percent among likely voters, with 6 percent undecided. The survey also found Talarico receiving stronger ratings than Paxton on character and moral values.
That makes Paxton's personal record particularly important for Democrats.
Talarico wants to reach beyond Democrats
Talarico cannot win Texas simply by maximizing Democratic turnout.
He needs to persuade independent voters and potentially some Republicans who are dissatisfied with Paxton or the Republican establishment.
That explains why his campaign is emphasizing character and corruption rather than relying exclusively on traditional Democratic issues.
Talarico has also attempted to build a distinctive political identity around faith, affordability and economic concerns.
He has spoken openly about his Christian faith and has tried to appeal to religious voters in a state where evangelical conservatives remain politically powerful.
His campaign argues that Democrats can compete in Texas by speaking directly to voters who may be socially conservative but are unhappy about rising costs and political corruption.
Paxton has his own vulnerabilities
While Talarico is highlighting Paxton's legal history, the Republican is trying to redirect the campaign toward issues that traditionally benefit GOP candidates in Texas.
Paxton remains a strong supporter of President Donald Trump and has positioned himself as a conservative fighter.
He has also attempted to address voter concerns about the state's rapidly expanding data-center industry.
Earlier this week, Paxton unveiled a “Texas first” plan that included proposals involving Chinese technology, artificial intelligence, electricity costs and the impact of data centers on local communities.
Talarico quickly attacked the plan, arguing that Paxton had previously benefited from the data-center industry and supported policies that encouraged its expansion.
The exchange demonstrates how both campaigns are trying to turn their opponent's record into an electoral liability.
The deposition fight could become a campaign story itself
The legal effort to obtain the depositions could take time.
That creates an interesting political dynamic.
If the court releases the documents, Talarico could gain new material for advertisements, speeches and debates.
If the records remain sealed, the effort could still become part of the campaign narrative, allowing Democrats to argue that voters deserve greater transparency.
But there is also a potential risk for Talarico.
If the documents ultimately fail to contain significant new information, the strategy could reinforce Paxton's argument that Democrats are recycling old allegations in an attempt to damage him.
That is precisely the challenge previous opponents have faced.
Paxton has survived attacks before
Paxton's political career offers a warning to Democrats.
In earlier campaigns, opponents repeatedly attempted to make his controversies the defining issue.
They failed.
Former Republican challenger George P. Bush attacked Paxton over his legal problems during the 2022 attorney general primary. Democratic candidate Justin Nelson also used surveillance footage involving Paxton in campaign advertising during the 2018 attorney general race.
Neither effort removed Paxton from office.
Paxton has demonstrated an unusual ability to withstand negative publicity and turn attacks into evidence of what he describes as persecution by political opponents.
Talarico's campaign is therefore trying something slightly different: make Paxton's history part of a larger argument about corruption, affordability and trust in government.
The economy may ultimately matter more
Despite the focus on scandals, the election is unlikely to be decided solely by Paxton's legal history.
Both campaigns have increasingly emphasized the economy.
Talarico has proposed universal child care, medical debt forgiveness, vocational education and other measures aimed at reducing the cost of living.
Paxton has promoted tax cuts and proposals intended to help Texans with housing and health-care expenses.
The competing economic agendas suggest that voters may ultimately judge the candidates not only on their personal histories but also on who they believe can improve their financial circumstances.
Talarico is trying to connect the two issues by arguing that corruption contributes to economic problems.
Texas Republicans are not completely united
Another factor making the race unusually competitive is dissatisfaction within the Republican electorate.
Some conservative Texas voters have expressed frustration with issues including data centers, water, electricity, schools and the economy.
Some have even said they are considering voting for Democrats in particular races while remaining Republicans.
That kind of ticket splitting would be highly unusual in modern Texas politics.
It also creates an opening for Talarico.
If the Democrat can persuade voters who normally vote Republican that Paxton's personal record is unacceptable, he may be able to build a coalition larger than the traditional Democratic base.
Trump remains a major factor
Paxton's alliance with Trump remains one of his greatest political assets.
Trump supported Paxton during the Republican primary, helping him defeat Cornyn and secure the GOP nomination.
That endorsement gives Paxton access to Trump's political network and ensures that the Senate contest will have a national dimension.
For Talarico, however, this also creates an opportunity.
A nationalized race could allow Democrats to connect Paxton with Trump's broader political brand at a time when the president's approval ratings have weakened in some Texas polling.
The June Times-Siena survey found that 53 percent of likely Texas voters disapproved of Trump's job performance.
A potentially decisive battle over character
The Senate contest is increasingly becoming a referendum on character as much as ideology.
Paxton's political strength comes from his conservative record and loyalty to Trump's movement.
Talarico's opportunity comes from persuading voters that Paxton's controversies reveal something deeper about his judgment and fitness for office.
The deposition request fits directly into that strategy.
If the court releases the records and they contain damaging information, Talarico could gain a powerful new weapon.
If not, the campaign will have to find other ways to convince voters that Paxton's past matters.
Either way, the legal battle shows how seriously Talarico is taking the effort to define his opponent before Paxton can define him.
What the race means nationally
A Democratic victory in Texas would be one of the biggest political upsets of the 2026 midterm elections.
It could also dramatically change the battle for control of the Senate.
Democrats need to defend their existing seats while gaining Republican-held seats to build a majority. Texas, with its large population and long Republican history, would be an especially valuable pickup.
That is why national political organizations are paying close attention to the race.
The Cook Political Report's decision to classify the contest as a toss-up underscores how much the political landscape has changed.
The stakes for Talarico and Paxton
For Talarico, the deposition fight is a calculated gamble.
He needs to persuade voters who may have heard accusations against Paxton many times before that this time is different.
For Paxton, the challenge is to prevent the election from becoming another referendum on scandals.
He must convince voters that his conservative agenda matters more than the controversies surrounding his career.
The result could depend on which candidate succeeds.
If Talarico can turn Paxton's past into a broader story about corruption, trust and the cost of living, he could strengthen his appeal among moderates and disaffected Republicans.
If Paxton successfully frames the attacks as politically motivated and keeps the focus on conservative issues, his longstanding Republican advantage could reassert itself.
The fight over the depositions is therefore only one part of a much larger battle: who gets to define Ken Paxton — his political record and conservative victories, or the legal controversies that have followed him for years?
With Texas now rated a toss-up and both candidates running close in polling, that question could help determine not only the state's next senator but also the balance of power in Washington.
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