Abbott, AG’s Office In Hot Water For Removing Files, Missing X-Rays From Federal Depository

Texas Attorney General Greg Abbott and his office are in hot water over the removal of records and missing x-rays relating to a fraud investigation into silicosis litigation.

Federal District Judge Janis Jack has chastied Abbott for sending four armed agents to a private, federally sanctioned depsitory in Corpus Christi last month to sieze thousands of records held for the federal courts.

The New York Sun notes Jack was quite peeved at Abbott and his office:

“The arrogance of taking those documents from a federal court-supervised depository is astounding,” an audibly seething Judge Jack said during a conference call last Friday with lawyers involved in the case. “The attorney general of the state of Texas has exhibited a total disregard for the rule of law by doing this.”

Abbott was interested in the records as a result of an opinion Jack issued last year that prompted investigations by a congressional committee, federal prosecutors in New York, Abbott’s office.

The Sun cites court records that say Abbott’s aides appeared at the Corpus Christi depository on June 23 and used a grand jury subpoena to seize all of the original X-rays gathered by Judge Jack’s court:

“I was informed by the lead investigator that if the original X-rays were not turned over immediately that I could be arrested,” the custodian of the records, Gary Cosgrove, said in a an affidavit.

According to court records, Judge Jack learned of the seizure on July 5 and ordered the attorney general’s office to return the records by noon the following day. The state officials brought about 40 boxes back, but Mr. Cosgrove told Judge Jack last week that 152 X-rays had disappeared.

“All I can say is I can vouch to the court that this office does not have those X-rays,” an attorney for the state, Lance Kutnick, told the judge.

“Well, I imagine you don’t, but in the meantime, because of what you’ve done, they’re gone,” Judge Jack said, according to an audio recording of the session. “These are people’s personal X-rays that are absolutely vital to investigations of this case, vital to the people involved in this case, and because of the attorney general of the State of Texas’s malfeasance, they’re gone.”

Judge Jack acknowledged that she was aware of the state probe, but she said no one told her about plans to seize records. She said Mr. Abbott’s aim was “clearly to get an oar in the water” in a matter already under investigation by federal law enforcement and the Congress.

Judge Jack has ordered the Justice Department and the appropriate lawmakers be informed about the episode. “It may be a criminal matter,” she said.

Still more from the Sun:

Mr. Kutnick told Judge Jack that he had concerns about seizing the records but that the decision to do so “was made way above my level.” He said he did not know precisely who made the decision.