Police can withhold 911 audio from ‘swatting’ at Ken Paxton’s house, AG’s office rules
The Texas Attorney General’s Office has ruled that McKinney police can withhold 911 audio from a “swatting” incident at the attorney general’s house in January.
Swatting is the term used for an incident in which someone makes a 911 call fraudulently reporting a crime to elicit a police response, typically including a SWAT team.
The Star-Telegram filed an open records request for the 911 audio after the incident was reported. McKinney police sent the request to the AG’s office requesting permission to withhold the audio, citing an ongoing investigation. Paxton’s office agreed the audio was protected from release on those grounds.
The attorney general’s office does not have any options under Texas law for recusing itself when asked to review a request under the Public Information Act, even when it involves records relating to that office or to the attorney general himself.
Paxton said in a social media post that his home was targeted in such a call on New Year’s Day. He and his wife, Angela Paxton, were not home at the time.
“Making false reports to 911 is a crime which should be vigorously prosecuted when this criminal is identified,” Paxton said in the post. “These fake calls divert resources from actual emergencies and crimes and could endanger our first responders.”
While authorities have not said whether they believe the false report was politically motivated, Ken Paxton suggested in the post that he believes the call was in retaliation to “strong conservative efforts to secure the border, prevent election fraud, and protect our liberties.”
Making a false report to police is a Class B misdemeanor in Texas, punishable by up to 180 days in jail and a fine of up to $2,000.