Did Christina Pushaw break the law by asking gubernatorial candidate James Fishback to delete text messages the two exchanged in recent months?
Maybe.
Pushaw, who earns a $179,000 tax-funded salary as a senior management analyst for Gov. Ron DeSantis, all but confirmed the authenticity of texts between her and Fishback in which she appears to have written, “I need you to confirm that you deleted everything with my name on it.”
The exchange has raised questions about whether she solicited the destruction of public records, which would be illegal if the messages involved her government duties, but likely not if they were strictly campaign-related, as she says.
What happened
Fishback posted a screenshot of the exchange following a public blowup between the two after they, according to Pushaw, spoke “frequently” since October about Fishback’s campaign.
On X, Pushaw accused Fishback of deception, writing: “Thanks for proving my point that you have no qualms about lying and revealing private messages. I truly believed that we were friends, and I feel sickened and violated by this betrayal.”
Pushaw, who has worked for DeSantis as both a campaign and government staffer, says she was never paid for advising Fishback and never told the Governor about her communications with Fishback.
In a brief phone interview Monday, she said none of her messages with Fishback touched her state job.
“I never talked to him about government business,” she said. She declined to explicitly confirm the authenticity of Fishback’s screenshots, one of which referenced her government position.
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,” a definition courts have applied to texts, emails and other modern forms of correspondence.
Destroying public records is a third-degree felony for a government employee or official, punishable by up to five years in prison and a an up-to-$5,000 fine. Soliciting someone else to do so — a form of conspiracy — is typically punished one level below, making it a first-degree misdemeanor carrying up to one year in jail and up to a $1,000 fine.
Does this apply here?
It depends on what was in the messages Pushaw asked Fishback to delete.
If they contained only “advice on his gubernatorial campaign,” as Pushaw claims, and nothing related to her official duties, then they likely were not public records. Campaign-only communications — including strategy, fundraising and political messaging — generally fall outside the Sunshine Law.
If, however, the texts included discussion of government business, policy, the scheduling of public meetings or actions Pushaw took in her official capacity, they would likely qualify as public records. In that case, if Fishback deleted material at Pushaw’s request, he could also face a first-degree misdemeanor charge.
It’s impossible to determine whether any law was broken without seeing more of the messages. Florida Politics has requested texts and other communications between Pushaw and Fishback from the Governor’s Office.
Still, it is notable that Pushaw asked Fishback to delete “everything with my name on it,” a phrasing that suggests she believed some of the material might be subject to Sunshine Law requirements.
Political fallout
Pensacola Republican Rep. Alex Andrade, a lawyer who previously led a House inquiry into First Lady Casey DeSantis’ Hope Florida charity that has since sprouted a grand jury probe, flagged the issue in a widely viewed X post Monday morning, calling Fishback a “weird little creep.”
Kyle Lamb, a longtime state employee now with the Department of Commerce who briefly worked on DeSantis’ presidential campaign, also weighed in.
“Absolutely nowhere in state laws are state employees expected to maintain private conversations with people who are not state officials discussing things that are not state business, especially who we support in political elections,” he wrote.
Lamb later asked Fishback, “So you didn’t delete everything like you told her? And you posted it here?”
Andrade pointed out that in at least one screenshot Fishback posted, Pushaw mentioned resigning from her job — a reference to her official position that would fall under public records rules.
He told Florida Politics that he views the episode as incompetence rather than malice.
“We have a state employee getting paid $180,000 a year thinking she can just demand that some private individual she’s been texting with for months delete texts and get another state employee to pressure that same person to delete those texts,” he said.
“I have no idea what the content is, but no one is stopping to think, ‘Should these be destroyed? Is it appropriate for us to tell a private citizen that they should be deleting public records?’”