Last year the Freedom Foundation sued Gov. Chris Gregoire for invoking “executive privilege” in order to withhold records from the public. Executive privilege has not been recognized by the legislature or the courts in Washington. We lost at trial, with the judge ruling that Gov. Gregoire should enjoy executive privilege, just as the President does. Given the significance of the case we appealed directly to the Washington State Supreme Court. Imagine the damage that could be inflicted if a governor wanted to keep secrets from the public and had a legal mechanism for doing so.

Today we filed our closing brief for the Supreme Court. As we wrote in the brief:

The fundamental question in this case is whether the Governor of Washington enjoys a qualified executive privilege that can serve as an exemption to the mandate of disclosure in the Public Records Act (PRA), chapter 42.56 RCW. Accountability to the people is a cornerstone of the foundation of our democratic government in this State and this principle should not be undermined by an implied, non-enumerated privilege asserted by Governor Gregoire. Courts have repeatedly held that executive officers in Washington enjoy only the powers that are delegated by the Washington Constitution or by statute. Similarly, the Public Records Act explicitly states that its mandate for disclosure of records may only be overcome by specific exemptions found in law. Governor Gregoire relies on a small minority of states that have extended a qualified privilege to their chief executives. In doing so she ignores decades of Washington case law interpreting the Public Records Act. This Court should decline to recognize an implied, deferential privilege that would allow the Governor to keep secrets from the public.

The Supreme Court will decide in a month or two whether to review the case or send it down to the Court of Appeals. If the court accepts the case it will be scheduled for oral argument later this year.