Bipartisan team investigates Blunt over emails
From Sunshine Review
22 July 2008
In response to numerous open records requests for emails from his office, Governor Matt Blunt denied most of them, while those not turned down would have to pay thousands of dollars in "research" fees. Attorney General Jay Nixon had appointed a team to investigate the matter, but after their suit was dismissed, a bipartisan team will continue the investigation.
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Suit Filed
Last year, Nixon appointed former Missouri Highway Patrol Chief Mel Fisher to investigate the accusations of wrongdoing. This past May, the investigative team filed suit against Blunt's office in Cole County Circuit Court.
In filing the suit, lawyer Chet Pleban said it was done on behalf of the citizens of Missouri because of Blount's "stonewalling" over documents that are public under the state's sunshine law.[1]
Attempting to join the suit among allegations that they just wanted to sell more papers were the St. Louis Post-Dispatch, Kansas City Star, and Associated Press - all of which had requested email records and were told they would have to pay fees for them.
Legality questioned
John Holstein, lawyer for Gov. Blunt, told Circuit Court Judge Richard Callahan to dismiss the case, as those filing it lack the legal authority to do so. They allege that Pleban had filed the suit in the name of Mel Fisher, and not the attorney general, which would be necessary to have legal standing.
Holstein reiterated that the Governor would begin to provide the records as soon as the fees were paid. The Fisher investigative team was told to pay a deposit of $135,235 on a total of $540,940, while AP and the Post-Dispatch were to pay about $26,000 each.[2]
Original suit throw out, new team appointed
Judge Callahan decided that Fisher's team indeed lacked legal standing to bring the suit, thus dismissing the case. However, he appointed two special prosecutors to take over the investigation. Creating a bipartisan team, Callahan ordered Louis J. Leonatti, a Republican, and Joseph E. Maxwell, a Democrat to serve as "special assistant attorneys general," giving them "all powers and privileges of the office of the Attorney General."[3] If requested, Fisher would have to turn over all files and records from his investigation.
References
- ↑ St.Louis Post-Dispatch, Blunt's lawyers try to throw out suit seeking e-mails, July 10, 2008
- ↑ St.Louis Post-Dispatch, Blunt's lawyers try to throw out suit seeking e-mails, July 10, 2008
- ↑ Kansas City Star, Special prosecutors named in probe of Blunt’s e-mail records, July 22, 2008
