A powerful executive now wants executive privilege

Gov. Kim Reynolds wants executive privilege, so she doesn’t have to release some documents to the media.

As someone who scribbles for a living, I think this is a really bad idea. But you don’t have to be a journalist to see how another layer of secrecy could be blatantly misused by the current governor or future governors.

At a congressional hearing in February, Gov. Kim Reynolds was asked if she agreed with a social media post by Elon Musk, who repeated a claim made by that zany Trump loyalist Michael Flynn, calling Lutheran Social Services a “money laundering operation.”

In the heat of the moment, the 160-year history of a charity that helps thousands of Iowans and hundreds of refugees resettle in Iowa slipped her mind.

A Democratic lawmaker asked Reynolds again if she agrees. Yes, or no?

“I can’t speak to that,” Reynolds said. Uffda, we Lutherans might say.

Days later, the governor “clarified” and said Lutheran Social Services is not a money laundering operation.

Des Moines Register reporter Tyler Jett was intrigued. He made a public records request for any emails between Reynolds and staffers pertaining to Lutheran Social Services. The governor’s office handed over 826 pages.

But staff refused to share four emails, arguing they are subject to “executive privilege.” The messages were between staffers and Reynolds. Those hidden records are probably might interesting, newsworthy even.

On Friday, the governor went to court to block the records request, with hopes the Iowa Supreme Court will rule Iowa governors can keep privileged documents secret.

The Register argues there is no executive privilege exception in Iowa’s open records law. If lawmakers and the governor wanted one, they could have passed legislation.

Team Reynolds cites several cases where the courts have recognized some form of privilege, including a 2024 Supreme Court ruling that found the Constitution did shield some legislative communications.

“It is in the public’s interest that governors can receive candid advice from their closest advisers,” Reynolds spokesperson Mason Mauro said in a press release.

Beware whenever they say they’re doing it for the people.

But it is also in the public’s interest to know what their governor is doing. If Reynolds wins, a lot of state documents will be stamped “privileged.” Just wave a magic wand and they disappear from view.

It’s likely judges and justices will look at the documents at issue as they weigh the case. But we may never see them.

In a sane world, this is a standard skirmish between the press and an elected official. But in this Statehouse, where hiding the ball has become a go-to play, providing another tool for denying access is more dangerous.

Reynolds’ tenure has colored my view.

The governor rarely holds press conferences, despite promising to do so. She also grants precious few interviews with Iowa media.

She’s lost a court battle with journalists and the Iowa Freedom of Information Council over her refusal to provide public documents in a timely manner.

She “reorganized” government by giving the governor unprecedented power over state operations. Some of those jobs were intended to be independent, now just about everyone serves at the pleasure of the governor.

Our Legislature has abandoned all its oversight duties to keep the executive branch in check.

How much more privileged can you get?

And this is about governors, not just the current occupant. I’m wary of giving any governor authority to make documents privileged.

Just think, a Democrat might get elected. They’ll no doubt enjoy Reynolds’ parting gift. The wand is in the top desk drawer.

(319) 398-8262; todd.dorman@thegazette.com