Iowa's governor files a legal action against the Des Moines Register newspaper, aiming to prevent the release of emails she deems as protected.
Going to Court Over Confidential Communication
In a unexpected move, Governor Kim Reynolds of Iowa has filed a lawsuit against the Des Moines Register. The lawsuit revolves around the newspaper's request for "privileged" documents through a public records request. The governor's administration is fighting to uphold executive privilege, which guarantees confidential communications between the governor and their advisors.
The argument from the governor's side is that maintaining executive privilege is crucial for allowing governors to receive candid advice without the risk of public disclosure. The lawsuit aims to establish executive privilege in Iowa, much like the previously acknowledged legislative privilege by the courts.
The legal battle ensued after a Des Moines Register reporter submitted a records request to Governor Reynolds' office in February. In response, the office provided 825 pages of relevant documents while withholding four emails, asserting they were protected due to their confidential nature and disclosure would inhibit future candid advice. An attorney, Susan P. Elgin, representing the newspaper, argued that executive privilege isn't an exemption in Iowa's open records law and that there was no evidence to indicate the governor sent or received the emails. The withholding was labeled as "legally indefensible" by the attorney.
To defend their actions, Iowa's Attorney General, Brenna Bird, filed a lawsuit on behalf of the governor seeking court intervention to halt the Register's pursuit of the records. The Associated Press requested comment from Elgin, the Register's attorney, while the Register's parent company, Gannett Co., declined to comment on the ongoing litigation.
In a statement, the governor's office expressed disappointment over the use of public resources to defend the withholding of the records. Spokesperson Mason Mauro emphasized the importance of governors receiving candid advice from their closest advisors.
Interestingly, in 2023, the Iowa Supreme Court rejected Reynolds' request to dismiss a records-related lawsuit filed by the liberal-leaning Bleeding Heartland blog, Iowa Capital Dispatch, and the Iowa Freedom of Information Council, a nonprofit focused on open government issues. The organizations and their reporters accused Reynolds of violating the state's open records law by ignoring records requests and not producing records in a timely manner.
The Register, along with the newspaper's parent company and their former pollster, are also named in a lawsuit filed by President Trump, Rep. Mariannette Miller-Meeks, and former Iowa state Sen. Brad Zaun.
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[1] "Dissecting the Legal Battle Over Iowa Governor's Records," Politico, 01 April 2025.[2] "Governor Reynolds Sues Des Moines Register, Defending 'Candor' in executive communications," The Hill, 01 April 2025.
- The Des Moines Register is currently embroiled in a legal battle with Iowa Governor Kim Reynolds over the release of "privileged" documents.
- The lawsuit concerns a public records request made by the newspaper, with the governor's administration arguing for the upholding of executive privilege.
- In California, similar legal proceedings are unfolding as Los Angeles Sheriff Alex Villanueva challenges subpoenas and sues an oversight commission over deputy misconduct records.
- The Iowa Legislature had previously acknowledged legislative privilege by the courts, and now the governor seeks to establish a similar precedent for executive privilege.
- The withholding of four emails was labeled as "legally indefensible" by the newspaper's attorney, painting a picture of a robust standoff in Iowa's policy-and-legislation and politics landscape.
- This general news includes the governor signing a bill removing gender identity protections from the state's civil rights code and Iowa suing the Biden administration seeking citizenship status of over 2,000 registered voters.
