FOR IMMEDIATE RELEASE
NEWS ADVISORY
June 30, 2016
For More Information, contact:
Luther Strange
Mike Lewis (334) 353-2199
Alabama Attorney General
Joy Patterson (334) 242-7491
Page 1 of 1
Attorneys General Strange and Paxton Dismiss Lawsuit Against Virgin
Islands AG
Virgin Islands AG Agrees to Withdraw Unconstitutional Subpoena
(MONTGOMERY) -Alabama Attorney General Luther Strange and Texas Attorney General
Ken Paxton dismissed their lawsuit against the Virgin Islands Attorney General Claude Earl
Walker, after he agreed to end his improper pursuit of ExxonMobil. Walker, working with a
Washington, D.C.-based private law firm on a contingency fee basis, issued an unconstitutional
and harassing subpoena for decades of ExxonMobil records.
Attorneys General Strange and Paxton intervened in the dispute between ExxonMobil and
Walker because the contingency fee arrangement between Walker and the Washington, D.C.-
based private law firm implicated sensitive questions of constitutional due process.
“I join with Texas Attorney General Ken Paxton in welcoming the decision of the Virgin Islands
Attorney General to withdraw his subpoena and cease an investigation which conflicted with the
First Amendment right of free speech,” said Attorney General Strange. “We are all free to
advocate our own opinions about climate change, but we don’t have the right to do so through
subpoenas, litigation, and threats of prosecution against those with whom we disagree. I am
pleased the Attorney General of the Virgin Islands has acknowledged that free speech must be
protected.”
Texas Attorney General Ken Paxton gave this statement on the withdrawal of the subpoena:
“The so-called ‘investigation’ by Walker was a constitutionally improper attempt to suppress the
freedom of speech based only on the content being communicated. In America, we have the
freedom to disagree, and we do not legally prosecute people just because their opinion is
different from ours. We are glad that the abuse of power by Attorney General Walker, and those
that he hired, has come to an end,” said Attorney General Ken Paxton. “Attorneys working for
the government should be motivated by public interest, not financial gain.”
The dismissal filed by General Strange and General Paxton is attached to this release
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501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
www.ago.alabama.gov
Case 4:16-cv-00364-K Document 41 Filed 06/30/16 Page 1 of 3 PageID 567
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
EXXON MOBIL CORPORATION, ß
ß
Plaintiff, ß
ß
and ß
ß
STATE of TEXAS and STATE of ß
ALABAMA, ß CIVIL ACTION NO. 4:16-CV-0364-K
ß
Intervenor – Plaintiffs, ß
ß
v. ß
ß
CLAUDE EARL WALKER, Attorney ß
General of the United States Virgin ß
Islands, in his official capacity, LINDA ß
SINGER, and COHEN, MILSTEIN, ß
SELLERS & TOLL, PLLC, ß
ß
Defendants. ß
ß
INTERVENOR-PLAINTIFFS’ NOTICE OF VOLUNTARY DISMISSAL
PURSUANT TO F.R.C.P. 41(a)(1)(A)(i)
Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the
Intervenor-Plaintiffs, the State of Texas and the State of Alabama, hereby give notice
that the above-captioned action is voluntarily dismissed, against the Defendants,
CLAUDE EARL WALKER, Attorney General of the United States Virgin Islands, in his
official capacity, and LINDA SINGER, and COHEN, MILSTEIN, SELLERS & TOLL,
PLLC, without prejudice. Intervenor-Plaintiffs reserve the right to preserve and defend
Intervenor-Plaintiffs’ Notice of Voluntary Dismissal Page 1
Case 4:16-cv-00364-K Document 41 Filed 06/30/16 Page 2 of 3 PageID 568
the sovereign power and investigative and prosecutorial authority of Intervenor-Plaintiff
States and to defend the rule of law against abuse by Defendants.
Dated: June 30, 2016
Respectfully submitted,
LUTHER STRANGE KEN PAXTON
Attorney General of Alabama Attorney General of Texas
501 Washington Ave.
Montgomery, Alabama 36104 JEFFREY C. MATEER
First Assistant Attorney General
BRANTLEY STARR
Deputy First Assistant Attorney
General
PRERAK SHAH
Senior Counsel to the Attorney
General
ANDREW D. LEONIE
Associate Deputy Attorney General
for Special Litigation
AUSTIN R. NIMOCKS
Associate Deputy Attorney General
for Special Litigation
/s/ Austin R. Nimocks
AUSTIN R. NIMOCKS
Texas Bar No. 24002695
Office of the Texas Attorney General
Special Litigation Division (Mail
Code 001)
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
ATTORNEYS FOR INTERVENOR –
PLAINTIFFS
Intervenor-Plaintiffs’ Notice of Voluntary Dismissal Page 2
Case 4:16-cv-00364-K Document 41 Filed 06/30/16 Page 3 of 3 PageID 569
CERTIFICATE OF SERVICE
I certify that on June 30, 2016, this document was served to counsel of record
through the Court’s CM/ECF Document Filing System.
/s/ Austin R. Nimocks
Austin R. Nimocks
Intervenor-Plaintiffs’ Notice of Voluntary Dismissal Page 3
