Mike Pence asks Indiana Supreme Court to stay out of his redacted emails – Indianapolis Star

The emails could reveal political strategies Republicans had in opposition to Obamas policies and set a precedent for the Indiana's executive office. Nate Chute/IndyStar

Vice President-elect Mike Pence acknowledges the crowd before the swearing in of Gov. Eric Holcomb on Monday at the Indiana State Fairgrounds.(Photo: Kelly Wilkinson/IndyStar)Buy Photo

Vice President Mike Pence continued to fight to keep secret a political white paper emailed to him while he was Indiana governor, petitioning the Indiana Supreme Court not to review a public records denial for the controversial papers.

If opened, the communicationscould reveal a slewofRepublican political strategiesthat Pence and dozens of other U.S.governors devised to fight former President Barack Obama and an executive order of his concerning immigration.

If the justicestake the case, the court also could redefine the bounds of open, publiccommunication forIndiana's executive office.

What's Mike Pence hiding in his emails?

The case stems from a public records request made in December 2014 by Indianapolis attorneyWilliam Groth, a Democrat, who was gathering information about the former Republican governor'suse of outside counsel for the immigration litigation and its cost to Indiana taxpayers.

Pence produced the requested emails but those documents included substantial redaction,including awhite paper the governor failed to produce, according to court records.

The white paper in question contains legal theories used by many governors in their decision to joinState of Texas et al v. United States of America,which challenged the Obama administration'sexecutive order regarding immigration.

After Groth filed suit in Marion CountySuperior Court, a judgeruled in favor of Pence, saying the redactions the administration made to thepublic record were "proper."

The ruling left open thepossibility that the executive branch could claim that its redactions were nonjusticiable, a legal term that means not for the court to decide. That finding was based on an earlier Supreme Court rulinginCitizens Action Coalition, et al. v. Indiana House Rep.about redactions made by the legislature.

Groth appealed thedecision in April. This January, the Indiana Court of Appeals ruled thatGrothdoes not have the right to view the political white paper, but disagreed withthe governor's contention thatit would violate the separation of powers doctrine for the judiciary tosecond guessthe redactions.

Pence's legal team argues to keep email secret

Mike Pence prevails in email secrecy suit

That was an important finding to advocates of government transparency, who feared a Pence victory in the suit could set a broader precedent that would embolden future governors to refuse to disclose or heavily redact public documents with no court oversight.

Earlier this month, Grothpetitioned theIndiana Supreme Court to take up the case.

Indianapolis attorney GregBowes filed the 19-page petition on behalf of Groth claiming the appeals court erredin determining that the white paper did not have to be released because it was"deliberative material" for the purpose of preparing for litigation.

Groth is arguing the Court of Appeals improperly applied the attorney-client relationship doctrine because the white paper wasemailed to a wide range of people outside of the attorney-client relationship. He is also asking the court whether the court of appeals improperly created a "deliberative materials exception" tostate public records.

Calling Groth's lawsuit "unfounded" in court documents, Joseph Chapelle, Pence's attorney from Indianapolis law firm Barnes& Thornburg, last week filed the 30-page response.

Pence's legal team argues to keep email secret

Chapelle told IndyStar that the appellate court majoritys decision should stand and that if the Supreme Court takes on the case, "it will be an opportunity for the court to clarify the separation of powers doctrine."

In the latest court documents, Chapelle maintainsthat Pence will use executive privilegeas a defense in the future."There are policy reasons for executive privilege," Chapelle said.

Groth told IndyStar Sunday that he wants to seetransparency in government.

"Hoosiers are entitled to and should continue to demand more, rather than less, openness from all governmental officials, but especially from their governor," he said.

Call IndyStar reporter Fatima Hussein at (317) 444-6209. Follow her on Twitter:@fatimathefatima.

More on Mike Pence:

With Pence gone, fellow Republicans undo his work in Indiana

Who is Mike Pence? 8 things to know about Donald Trump's vice presidential pick

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Mike Pence asks Indiana Supreme Court to stay out of his redacted emails - Indianapolis Star

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