the official blog of the evergreen freedom foundation

Gov. Gregoire denies EFF records request, claiming "executive privilege"

Posted by Mike Reitz - August 07, 2009

Does the governor's executive privilege exempt her from the state's Public Records Act? Looks like we'll find out.
 
Climate change was a hot topic during the 2009 legislative session. Gov. Gregoire had requested legislation that ultimately died in the Senate. Not to be stopped, the governor issued Executive Order 09-05 to address climate change. Curious to see the backstory, EFF filed a request for documents related to the executive order's drafting and implementation. We've received many records, but the governor's office has refused to release 48 documents. The denial cites several reasons, including "executive privilege" and "deliberative process."
 
There's a problem with this denial. There is no "executive privilege" exemption in the Public Records Act. And once the executive order was published the "deliberation" exemption no longer applies. (This isn't the first time Gov. Gregoire has claimed the phantom "executive privilege" exemption.)
 
Today we wrote to the governor's office, asking for a reconsideration of the denial. As we wrote in the letter: 
[W]e believe the state's public policy in favor of openness should dictate disclosure of the documents we requested. The policies adopted in Gov. Gregoire's executive order will result in significant cost to state agencies, local governments, and private businesses. ...

Now the governor asks the people of Washington to accept her executive actions related to climate change without giving us the benefit of fully understanding how her policies were developed and implemented. The governor should not act under the cloak of secrecy where the legislature openly declined to act.
We'll update the story as it develops.
 
UPDATE: We obtained the records after requesting that the governor reconsider the denial. Details here. 

Thoughts?   Add Comment -

Jeremy M. said on Aug 07 2009 at 4:49pm
You think they'd learn that denying EFF a public records request is like dangling raw meat in front of a hungry tiger... Whatever they are wanting to hide is more likely to stay hidden if they just give the documents and hope you haven't had your morning coffee when you read through them. Now they KNOW you'll be awake when you look at them.

Are they idiots?

:-J

Mike B. said on Aug 09 2009 at 9:40am
The obvious answer is yes.

platypus said on Aug 09 2009 at 2:41pm
And we should be eternally grateful that they are idiots. Makes our job that much easier.

Light of Day said on Aug 10 2009 at 12:10pm
Unfortunately, I do not think they are idiots....they believe there are no consequences to ignoring responsibilities to the public. More to the point the tactics in play suggest a shrewd agenda that demands misinformation be communicated, meaning of the law be twisted, their power used to manipulate our political systems, and government boundaries be blatantly obliterated (of course for the good of us the little people). We can only hope that moving forward "we the people" will hold political power mongers accountable in order to prove we are not their indoctrinated "idiots".

Rod Hagel said on Aug 13 2009 at 4:56pm
No (on idiocy) just teenagers who never grew up.

Alison M said on Aug 15 2009 at 8:06am
Rod,
Isn't that the definition of a liberal?

joe c said on Aug 17 2009 at 1:35am
Executive orders are exclusive to the president and get their authority from martial law under the War Powers Act ; 1st by FDR in 1941 and never revoked by any president since . If some one is hidding something from you ; you can bet they are lying .
Air polution in the USA was a problem in the 60's and 70's ; today it is far less since the military industrial complex has moved most production overseas. Cap & Trade is a scam as volcanic activity causes 98% of global climate shift . Al Gore and the rest of his crew are lyers hell bent on ripping off the American people .
Call your congressmen and; tell them to knock off the crap . You're not buying their lies or paying that tax .

fed up in issaquah said on Aug 17 2009 at 10:51am
A request for reconsideration is a waste of time. They aren't going to backtrack. It's more fun for them to thumb their noses at the taxpayers.

The issue will need to be resolved either through a lawsuit and/or additional legislation.

Go ahead and file a lawsuit now seeking to force disclosure. They will resist that and will appeal any trial court decision, so the quicker this can get to the Supremes, the better.

If that august body drops the ball (and likely will), let's get Eyman on the phone and craft a referendum with a law with no wiggle room for the likes of those currently inhabiting Olympia.

Reitz said on Aug 24 2009 at 3:56pm
fed up in issaquah -- Actually, our request for reconsideration was successful. The governor has released the information.