Robert Besser
01 May 2025, 08:35 GMT+10
DES MOINES, Iowa: Iowa's governor has launched a lawsuit against the Des Moines Register, seeking to block the newspaper from obtaining emails her office argues should remain confidential.
The lawsuit, filed on April 25 by Iowa Attorney General Brenna Bird, asks a court to validate Governor Kim Reynolds' decision to withhold four emails requested under the state's open records law. The case stems from a February request by a Register reporter seeking communications from the governor's office.
In response to the request, Reynolds' office released 825 pages of documents but withheld four emails, citing the need for candid advice from advisers. The withheld emails were described as "intended to be confidential," with the office arguing that disclosure would "inhibit the governor's ability to receive candid, fulsome, and robust information in the future," according to court filings.
An attorney representing the Register challenged the withholding last week, contending that Iowa's open records law does not recognize executive privilege as a valid exemption. Susan P. Elgin argued that even if such a privilege existed, there was no evidence the governor was directly involved in the withheld communications. She called the withholding "legally indefensible" and demanded the emails be produced within a week.
Rather than comply, the governor's office escalated the matter to the courts. A spokesperson for Reynolds, Mason Mauro, defended the decision in a statement, saying, "It is in the public's interest that governors can receive candid advice from their closest advisors." Mauro added that it was unfortunate public resources would now be used to defend the action.
The legal clash comes after the Iowa Supreme Court ruled last year that Reynolds could not dismiss a lawsuit brought by media outlets and open government advocates accusing her of mishandling public records requests.
Separately, the Register and its parent company, Gannett Co., are also facing a lawsuit filed by President Donald Trump, Rep. Mariannette Miller-Meeks, and former Iowa state senator Brad Zaun. That case alleges the newspaper misled voters with a flawed poll ahead of the 2024 election, accusations the Register has strongly denied, defending its work as protected free speech.
Gannett declined to comment on the governor's lawsuit, citing a policy of not discussing pending litigation.
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