ACLU Presses Court On Executive Privilege Process
Supreme Court asked to decide if Oklahoma governor can withhold documents
By Nolan Clay
The Oklahoma Supreme Court is being asked to decide whether the governor can withhold documents from the public.
The American Civil Liberties Union of Oklahoma on Monday appealed a judge’s decision in the governor’s favor.
Oklahoma County District Judge Barbara Swinton in June ruled Gov. Mary Fallin has the authority to withhold documents because of a deliberative process privilege.
The judge explained the privilege exists “to ensure that subordinates within an agency will feel free to provide the decision maker with their uninhibited opinions and recommendations without fear of later being subjected to public ridicule or criticism.”
At issue were 31 withheld documents about a 2011 decision involving Obamacare. The governor released the documents in August even though the judge ruled in her favor.