Iowa governor’s office insists executive privilege can block release of staff emails

The governor’s office turned over more than 800 pages of documents to the Des Moines Register but withheld four emails it says contain “candid private advice and counsel from her most senior advisors.”DES MOINES, Iowa (CN) — The Iowa Office of the Governor and the state’s largest newspaper asked an Iowa state judge on Friday to decide if the office can claim executive privilege to keep four emails exchanged by staffers from being released.The Des Moines Register attempted in February 2025 to obtain emails surrounding an appearance by Republican Iowa Governor Kim Reynolds before a House panel, along with other governors, testifying on states’ efforts paralleling those of the White House’s Department of Government Efficiency.In the Friday hearing over motions for summary judgment, Iowa Assistant Attorney General Chad D. Brakhahn said the Iowa Supreme Court recently recognized a legislative privilege for members of the Iowa General Assembly under the Iowa’s Constitution’s separation of powers. The same principle applies to the governor, he said.Asked by Polk County Judge Jason Walke how he would define executive privilege, Brakahahn pointed to the state’s brief, which said: “The privilege does not exist for the comfort of officials; it exists so that the people’s chief executive receives candid advice and governs well.”The Register argues that no Iowa court has recognized the existence of an executive privilege for the governor.Walke asked Des Moines Register attorney Susan P. Elgin of Faegre Drinker Biddle & Reath why a member of the Iowa Legislature has legislative privilege but the governor does not have executive privilege.Elgin said the Iowa Supreme Court case recognizing legislative privilege involved communications between lawmakers and constituents, unlike the current case, which involves emails between two of the governor’s communications staffers.In any case, Elgin argued, if executive privilege exists, the governor must be involved in the discussions, and the privilege must be qualified and not absolute. Otherwise, every document in the governor’s office would be exempt from disclosure.Both parties agreed Friday none of the emails were sent to or read by the governor. In fact, the plaintiff in the complaint is the “Office of the Governor” and not Reynolds individually.Elgin added any privileged conversations must deal with policy matters for the state of Iowa rather than political strategies.“We don’t have that here. We know they are ‘media prep’ emails on managing media coverage in response to the governor’s congressional testimony. That has nothing to do with her governing the state of Iowa," she said.“Aren’t those four emails exactly what the public needs to know?” Walke asked.For the state’s part, Brakhahn said the source of executive privilege is not just the governor acting alone but in concert with her staff, which “requires candid conversations between key people about what should be provided to the people of Iowa.”The four emails — which have been read by the judge — are identified by the governor’s office as “media prep” messages. The Register characterizes the emails as “nothing more than public relations talking points regarding the governor’s comments about Lutheran Family Services.”U.S. Representative Raja Krishnamoorthi, an Illinois Democrat, had asked Reynolds in February 2025 whether she agreed with a statement by former Trump advisor Michael Flynn and repeated by DOGE head Elon Musk that the Lutheran Family Services and affiliated organizations were a “money-laundering operation.”Reynolds said at the hearing she couldn’t address the claim, but the following week the governor publicly clarified her position to say she “absolutely” does not think that is the case.A reporter for the Des Moines Register subsequently filed an open-records request with the governor’s office seeking, among other things, emails authored or received by the governor’s office employees directed to Lutheran Services of Iowa President and CEO Renee Hardman, as well as additional emails containing key words that mentioned the Lutheran Services controversy, including the terms “Lutheran” and “money laundering.”The governor’s office said they turned over over 800 pages of documents, but withheld the four emails they said contained private advice.After the governor’s office sued the Register in April 2025 seeking to prevent the release of the emails, prompting a counterclaim by the Register in May 2025.The judge said he would take the case under advisement and rule later — noting, in an aside, “We all know where this is headed,” meaning an appeal to the Iowa Supreme Court.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads