Executive Privilege Challenge to be Heard by Washington Supreme Court

A growing menace, this state-level claiming of executive privilege:

Does the governor have the right to to shield documents from public view simply because she’s the governor? That’s a question the state Supreme Court late last month announced it would consider.

The case is brought by the Freedom Foundation, a libertarian think tank based in Olympia. The group is challenging Governor Chris Gregoire’s claim to an “executive privilege” that she says allows her to withhold documents from public disclosure. According to the foundation’s research, Gregoire claimed this privilege roughly 500 times between 2007 and 2010.

But there is no executive privilege spelled out in either the state Public Records Act, or the state constitution. So the foundation sued, citing a half-dozen examples of withheld documents.

Alan Copsey, the deputy solicitor general in the state Attorney General’s office, tells Seattle Weekly that the privilege “flows from the separation of powers.” He explains: “Each branch of government has a core function and in order to perform it property, it needs to have room to operate.” In the governor’s case, he continues, that means letting the state’s chief exec privately “consult with her advisers before making a decision.”

Freedom Foundation attorney Mike Reitz, however, says the documents withheld by Gregoire are not just communications between the governor and her advisers. He cites, for instance, a draft memorandum of agreement–along with Gregoire’s handwritten notes–between the state, King County, and city of Seattle over the viaduct replacement.

The question is, says Copsey, who were those handwritten notes for? He suggests that they may have been intended for the governor’s aides.

The Intersection of Privacy and Access…

This fascinating and informative post from the wonderful Citizen Media Law Project brings the latest in the ongoing saga of requests for police dashcam videos in Seattle, raising timely issues of law, technology and policing…

A must read.