Montana News
State Supreme Court hears arguments over executive privilege
With Montana News, I'm Elinor Smith. A case argued before the state Supreme Court today could impact Montana's right to know. MTPR's Austin Amastoy reports attorneys are at odds over access to certain documents held by Governor Greg Gianforte. - The case stems from a dispute between Gianforte and political consultant Jason O'Neill. Gianforte refused to release documents O'Neill requested that contain advice from state agencies on how the governor should respond to bills from the legislature. Before the Montana Supreme Court's Gianforte attorney Dale Schoengert argued those documents must be kept private under executive privilege. He said the governor's advisors wouldn't offer robust criticism of policies if they feared the documents might be made public. - That is ultimately to the public's detriment because it impedes the governor's ability to make the best decision possible on whether to sign or veto a bill. - But attorney for the plaintiff's Constance Van Clay argued Montana's constitution doesn't allow the governor to withhold documents unless they violate personal privacy rights. - It's a novel request to create a broad, never before recognized exception to our fundamental constitutional right to know. - A lower court agreed with the plaintiffs that no executive privilege exists in Montana. The state Supreme Court will now have the final say. In Missoula, I'm Austin Amastoy.