A criminal investigation into a Texas Republican Party official is approaching a critical stage as Elon Musk’s social media platform X steps in to bankroll her legal defense, elevating a case that now sits before the U.S. Fifth Circuit Court of Appeals and raises broader questions about political speech and privacy law.
Michelle Evans, chair of the Williamson County Republican Party, has been under investigation by the Travis County District Attorney’s Office since 2023 after reposting an image connected to a high-profile dispute over “trans” access to women’s restrooms at the Texas State Capitol.
Prosecutors have so far not filed charges, but courts have allowed the investigation to continue, including the review of Evans’ phone and related evidence, according to Hoodline.
The case stems from an incident in May 2023 during intense legislative debates over Texas Senate Bill 14—a bill passed that year that banned most gender‑affirming medical treatments for minors in the state.
During the proceedings, an image circulated online showing a trans-identifying man, fully clothed, washing hands at a sink inside a women’s restroom at the Capitol.
Evans has said the photo was sent to her and that she reposted it as part of political commentary, after which it quickly went viral.
X announced this week that it will fund Evans’ legal defense, framing the case as a test of constitutional protections rather than a routine criminal probe.
In a statement from its Global Government Affairs team, the company said, “X is proud to support the legal case of Michelle Evans.”
The platform emphasized that Evans did not take the photograph herself, adding, “Ms. Evans did not even take the photo. She merely posted it on X as part of political commentary on transgender issues.”
According to X, the investigation escalated shortly after the post gained attention.
“Yet, shortly after, the Travis County District Attorney launched a criminal investigation,” the statement continued, criticizing what the company views as an improper use of state power against online political speech.
The legal dispute reached the Fifth Circuit Court of Appeals after Evans sought to block prosecutors from continuing the investigation.
A three-judge panel declined to grant emergency relief, allowing the probe to proceed while noting that Texas law requires proof of intent to invade privacy—a standard that has not yet been tested in court because no charges have been filed.
X sharply criticized that ruling, calling the panel’s decision a threat to free expression.
“The First Amendment protects Ms. Evans’ speech, yet in a 2-1 vote, the Fifth Circuit Court of Appeals issued a misguided and dangerous opinion allowing the criminal investigation to go forward,” the company said.
X confirmed it is assisting Evans in seeking review by the full Fifth Circuit.
“X is therefore assisting Ms. Evans in pursuing an appeal before all 17 judges of the Fifth Circuit… We look forward to the full Fifth Circuit correcting this wrong and preserving free speech, which is the foundation of American democracy.”
Evans has repeatedly argued the investigation is based on false assumptions.
“This case is predicated on a couple of lies,” she said, disputing claims that she took the photo or committed invasive visual recording.
She has also argued that any expectation of privacy was forfeited when a biological male entered a women’s restroom in a public government building, Taylor Press notes.
With the statute of limitations reportedly set to expire later this spring, attention is now focused on whether District Attorney José Garza’s office will pursue formal charges or allow the case to lapse.
Until then, Evans’ phone remains in state custody and the outcome of X-backed appeals could shape how similar political speech cases are handled nationwide.
