Christina Pushaw’s ‘delete everything’ text to James Fishback triggers public records concerns

Estimated reading time: 5 minutes

Key takeaways

  • Public records exposure: The exchange raises questions about whether a government employee solicited destruction of records that may fall under Sunshine Law.
  • Campaign vs official business: If texts involved only campaign matters, they may not be public records, but mentions of government duties could trigger transparency rules.
  • Legal penalties: Destroying public records is a third-degree felony; soliciting others could be a first-degree misdemeanor, depending on content.
  • Ambiguity without full texts: Florida Politics has requested texts; without them, it’s unclear whether laws were violated.

What happened

The dispute centers a message thread in which Pushaw allegedly asked a gubernatorial candidate to “delete everything with my name on it.” The exchange was shared after a public blowup over communications between the two, who reportedly spoke “frequently” since October about the candidate’s campaign.

“I need you to confirm that you deleted everything with my name on it.”

Pushaw, who earns a $179,000 tax-funded salary as a senior management analyst for Gov. Ron DeSantis, says she was never paid for advising the candidate and never told the Governor about the messages. In a brief phone interview, she said none of her messages touched her state job, adding, “I never talked to him about government business,” and she declined to fully confirm the authenticity of screenshots. One screenshot referenced her official position, which would fall under public-records rules if true.

Florida Politics has requested texts and other communications between Pushaw and the candidate from the Governor’s Office to determine the content of those messages.

What the law says

Under Florida law, public records include any physical or digital communication made or received “in connection with the transaction of official business by an agency.” Courts have extended that to texts, emails, and other modern forms of correspondence. Destroying records is a third-degree felony, punishable by up to five years in prison and up to $5,000 in fines. Soliciting someone else to destroy records — a form of conspiracy — is typically punished one level below, potentially a first-degree misdemeanor with up to one year in jail and up to $1,000 fine.

Whether this applies depends on the content of the messages. If they contained only campaign advice and nothing related to government duties, they likely would not be public records. However, if the texts included government business, policy, meeting scheduling, or actions taken in an official capacity, they would likely be public records. In that case, deleting material at a request could trigger charges for the person who deleted it. Florida Politics has requested the texts to determine the application of the law. The presence of the phrase "delete everything with my name on it" suggests a belief that some material may be subject to Sunshine Law requirements.

Does this apply here?

The answer hinges on the actual content of the messages. If they involved only campaign matters, they are likely outside Sunshine Law. If they include government business, those communications could be subject to public records rules, and the involved parties could face legal consequences if records were destroyed on request.

Political fallout

Pensacola Republican Rep. Alex Andrade, a lawyer who previously led a House inquiry into a charity that has since spurred a grand jury probe, flagged the issue and described the involved individual in strong terms. Kyle Lamb, a longtime state employee who briefly worked on the governor’s presidential campaign, weighed in. He argued that private conversations with people who are not state officials about things not related to state business should not be subject to public records. The episode prompted questions about competence versus malice and whether state employees should pressure private citizens to delete records. Andrade noted that in at least one screenshot, Pushaw mentioned resigning from her job — a reference to her official position that would fall under public-records rules. Lamb pressed that no one should assume deletions are appropriate or lawful in such contexts.

Observers emphasize the need for transparency and careful handling of communications that straddle government duties and political activity.

Jesse Scheckner has covered South Florida with a focus on Miami-Dade County since 2012. His work has been recognized by the Hearst Foundation, Society of Professional Journalists, Florida Society of News Editors, Florida MMA Awards and Miami New Times. Email him at [email protected] and follow him on Twitter @JesseScheckner.

Source: Florida Politics article linked above.

Source: https://floridapolitics.com/archives/774686-christina-pushaws-delete-everything-text-to-james-fishback-triggers-public-records-concerns/


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