AUSTIN, Texas —  Texas Attorney General Ken Paxton, who on Monday celebrated his 100th lawsuit against the Biden administration, has sued U.S. Attorney General Merrick Garland and President Joe Biden’s Department of Justice.

The lawsuit, filed in federal court in Amarillo, Texas, is to prevent the DOJ from destroying documents related to special counsel Jack Smith’s investigation and prosecution of President-elect Donald Trump, something Paxton claims the DOJ has a history of destroying to avoid transparency.

Paxton claims previous special counsels, including Robert Mueller, destroyed records related to investigations into Trump and “escaped accountability for it.”

On Nov. 8, Paxton filed a Freedom of Information Act (FOIA) request in order to obtain those records. Paxton filed the lawsuit because he says Texas can’t sue to obtain those records under FOIA until Dec. 10 and they must be preserved.

Paxton claims Garland and the DOJ broke the law during its investigation.

“I will not allow the corrupt weaponization of the United States government to be swept under the rug as Jack Smith and others who unjustly targeted President Trump attempt to avoid accountability,” Paxton wrote in a news release. “The American people deserve transparency, and those responsible for these unlawful witch hunts must not destroy the evidence of their own misdeeds.” 

Neither Garland nor the DOJ have publicly commented on Paxton’s lawsuit.